NOVEMBER 4, 1922, 2 COMP. GEN. 302

NOVEMBER 4, 1922, 2 COMP. GEN. 302

DISCHARGES FOR DEPENDENCY - ENLISTED MEN OF ARMY A DISCHARGE BY REASON OF DEPENDENT RELATIVES, ISSUED BEFORE THE EXPIRATION OF HIS ENLISTMENT TO AN ENLISTED MAN OF THE ARMY, BY VIRTUE OF SECTION 29 OF ACT OF JUNE 3, 1916, 39 STAT., 187, AS AMENDED BY ACT OF JUNE 4, 1920, 41 STAT., 775, IS NOT A DISCHARGE FOR THE SOLDIER'S CONVENIENCE, AND ENTITLES THE SOLDIER TO THE DEFERRED ENLISTMENT ALLOWANCE PAYABLE UPON HONORABLE DISCHARGE FROM AN ORIGINAL THREE-YEAR ENLISTMENT ENTERED INTO BETWEEN JUNE 4, 1920, AND JUNE 30, 1921.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 4, 1922:

MARTIN LESTER, PRIVATE FIRST CLASS, TROOP D, ELEVENTH CAVALRY, DISCHARGED, REQUESTED, AUGUST 28, 1922, REVIEW OF SETTLEMENT W-853916, DATED AUGUST 3, 1922, DISALLOWING HIS CLAIM FOR ENLISTMENT ALLOWANCE OF $90 BY REASON OF HIS ORIGINAL ENLISTMENT, SEPTEMBER 3, 1920, FOR A PERIOD OF THREE YEARS.

CLAIMANT WAS HONORABLY DISCHARGED MAY 3, 1921, UNDER THE PROVISIONS OF SECTION 29 OF THE ACT OF JUNE 3, 1916, 39 STAT., 187, AS AMENDED BY SECTION 29 OF THE ACT OF JUNE 4, 1920, 41 STAT., 775, AUTHORIZING THE SECRETARY OF WAR, IN HIS DISCRETION, TO DISCHARGE ANY ENLISTED MAN OF THE ARMY FOR CAUSES OCCURRING AFTER HIS ENLISTMENT WHERE MEMBERS OF HIS FAMILY BECOME DEPENDENT UPON HIM FOR CARE AND SUPPORT. HE WAS DISCHARGED BEFORE THE EXPIRATION OF HIS THREE-YEAR ENLISTMENT. CLAIM FOR $90 ENLISTMENT ALLOWANCE WAS DISALLOWED IN THE SETTLEMENT, OF WHICH REVIEW IS REQUESTED, ON THE GROUND THAT THE DISCHARGE WAS FOR THE SOLDIER'S OWN CONVENIENCE.

THE ENLISTMENT ALLOWANCE IN EFFECT ON SEPTEMBER 3, 1920, WHEN CLAIMANT ORIGINALLY ENTERED THE MILITARY SERVICE FOR A PERIOD OF THREE YEARS WAS PROVIDED FOR BY SECTION 27 OF THE ACT OF JUNE 4, 1920, 41 STAT., 775, IN LANGUAGE AS FOLLOWS:

HEREAFTER ORIGINAL ENLISTMENTS IN THE REGULAR ARMY SHALL BE FOR A PERIOD OF ONE OR THREE YEARS AT THE OPTION OF THE SOLDIER, AND REENLISTMENTS SHALL BE FOR A PERIOD OF THREE YEARS. EXISTING LAWS PROVIDING FOR THE PAYMENT OF THREE MONTHS' PAY TO CERTAIN SOLDIERS UPON REENLISTMENT ARE HEREBY REPEALED, AND HEREAFTER AN ENLISTMENT ALLOWANCE EQUAL TO THREE TIMES THE MONTHLY PAY OF A SOLDIER OF THE SEVENTH GRADE SHALL BE PAID TO EVERY SOLDIER WHO ENLISTS OR REENLISTS FOR A PERIOD OF THREE YEARS, PAYMENT OF THE ENLISTMENT ALLOWANCE FOR ORIGINAL ENLISTMENT TO BE DEFERRED UNTIL HONORABLE DISCHARGE.

THE ACT OF JUNE 30, 1921, 42 STAT., 74, REPEALED THIS PROVISION PROVIDING FOR AN ENLISTMENT ALLOWANCE, BUT IT WAS HELD THAT THOSE ORIGINALLY ENTERING THE MILITARY SERVICE DURING THE INTERVAL FROM JUNE 4, 1920, TO JUNE 30, 1921, AND WHO HAD PAYMENT OF THEIR ENLISTMENT ALLOWANCE DEFERRED UNTIL THEIR HONORABLE DISCHARGE WERE NOT DEPRIVED OF THE ALLOWANCE BY REASON OF THE INTERVENTION OF THE ACT OF JUNE 30, 1921, 1 COMP. GEN. 1; ID., 214; ID., 523. A DISCHARGE BY REASON OF DEPENDENT RELATIVES IS NOT A DISCHARGE FOR THE SOLDIER'S OWN CONVENIENCE. THE DISCHARGE IS NOT BY WAY OF FAVOR OR FOR THE CONVENIENCE OF THE SOLDIER BUT FOR A CAUSE AUTHORIZED BY LAW, AND UNDER SUCH FACTS THE DISCHARGE MAY BE CONSIDERED INVOLUNTARY, ENTITLING THE SOLDIER TO THE DEFERRED ENLISTMENT ALLOWANCE IF HE OTHERWISE COMES WITHIN THE PROVISIONS OF THE LAW, 13 COMP. DEC., 686.

THE CLAIMANT RECEIVED AN HONORABLE DISCHARGE, AND THE SETTLEMENT IS REVERSED, $90 BEING CERTIFIED DUE HIM.