MAY 1, 1923, 2 COMP. GEN. 713

MAY 1, 1923, 2 COMP. GEN. 713

TRAVELING EXPENSES - MEMBERS OF THE NATIONAL GUARD REPORTING FOR FEDERAL SERVICE MEMBERS OF THE NATIONAL GUARD, OR NATIONAL GUARD RESERVE, WHEN CALLED INTO FEDERAL SERVICE ARE NOT ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED IN REPORTING TO THE RENDEZVOUS.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 1, 1923:

CHARLES W. JOHNSON REQUESTED MARCH 21, 1923, REVIEW OF SETTLEMENT NO. W- 156394, DATED DECEMBER 8, 1922, DISALLOWING HIS CLAIM FOR $238.83 AS REIMBURSEMENT OF THE COST OF TRANSPORTING HIMSELF, WIFE, AND CHILD FROM PANAMA CITY, FLA., TO SEATTLE, WASH., INCIDENT TO HIS REPORTING SEPTEMBER 6, 1917, AS A NATIONAL GUARD RESERVIST FOR DUTY WITH COMPANY F, SECOND REGIMENT, WASHINGTON NATIONAL GUARD.

THE ESSENTIAL FACTS IN THE MATTER MAY BE SHORTLY STATED AS FOLLOWS: CLAIMANT, AS A MEMBER OF COMPANY F, SECOND REGIMENT, WASHINGTON NATIONAL GUARD, HAD BEEN FURLOUGHED BY THE STATE OF WASHINGTON TO THE NATIONAL GUARD RESERVE AND WAS RESIDING WITH HIS FAMILY, CONSISTING OF A WIFE AND ONE CHILD, IN PANAMA CITY, FLA., ON JULY 3, 1917, WHEN A PRESIDENTIAL PROCLAMATION DRAFTED ALL MEMBERS OF THE NATIONAL GUARD AND ALL ENLISTED MEMBERS OF THE NATIONAL GUARD RESERVE, WITH CERTAIN EXCEPTIONS, INTO THE FEDERAL SERVICE FROM AUGUST 5, 1917. CLAIMANT WAS ORDERED BY HIS ORGANIZATION COMMANDER TO REPORT FOR DUTY, AND THIS HE DID ON SEPTEMBER 6, 1917, BRINGING HIS WIFE AND CHILD WITH HIM. HE WAS DISCHARGED ON THE SAME DAY HE REPORTED BY REASON OF DEPENDENTS AND CONTENDS THAT HE IS ENTITLED TO REIMBURSEMENT IN THE SUM OF $238.83 AS THE COST OF THE TRANSPORTATION FROM PANAMA CITY TO SEATTLE. THE CLAIM WAS DISALLOWED ON THE GROUND THAT A MEMBER OF THE NATIONAL GUARD WHEN DRAFTED INTO THE SERVICE OF THE UNITED STATES MUST PLACE HIMSELF AT HIS ORGANIZATION RENDEZVOUS AT HIS OWN EXPENSE.

SECTION 111 OF THE ACT OF JUNE 3, 1916, 39 STAT., 211, PROVIDED THAT---

WHEN CONGRESS SHALL HAVE AUTHORIZED THE USE OF THE ARMED LAND FORCES OF THE UNITED STATES, FOR ANY PURPOSE REQUIRING THE USE OF TROOPS IN EXCESS OF THOSE OF THE REGULAR ARMY, THE PRESIDENT MAY, UNDER SUCH REGULATIONS, INCLUDING SUCH PHYSICAL EXAMINATION, AS HE MAY PRESCRIBE, DRAFT INTO THE MILITARY SERVICE OF THE UNITED STATES, TO SERVE THEREIN FOR THE PERIOD OF THE WAR UNLESS SOONER DISCHARGED, ANY OR ALL MEMBERS OF THE NATIONAL GUARD AND OF THE NATIONAL GUARD RESERVE. ALL PERSONSSO DRAFTED SHALL, FROM THE DATE OF THEIR DRAFT, STAND DISCHARGED FROM THE MILITIA, AND SHALL FROM SUCH DATE BE SUBJECT TO SUCH LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE ARMY OF THE UNITED STATES AS MAY BE APPLICABLE TO MEMBERS OF THE VOLUNTEER ARMY, * * *.

THE ACT OF MAY 18, 1917, 40 STAT., 76, ALSO AUTHORIZED THE DRAFT INTO THE MILITARY SERVICE OF ALL MEMBERS OF THE NATIONAL GUARD AND OF THE NATIONAL GUARD RESERVE, AND, PAGE 82, PROVIDED THAT THEY SHOULD BE ON THE SAME FOOTING REGARDING PAY AND ALLOWANCES AS MEN OF CORRESPONDING GRADES AND LENGTH OF SERVICE IN THE REGULAR ARMY. THE ACT OF JANUARY 21, 1903, 32 STAT., 776, AS AMENDED BY SECTION 7 OF THE ACT OF MAY 27, 1908, 35 STAT., 401, PROVIDED:

THAT WHEN THE MILITIA IS CALLED INTO THE ACTUAL SERVICE OF THE UNITED STATES, * * * THEIR PAY SHALL COMMENCE FROM THE DAY OF THEIR APPEARING AT THE PLACE OF COMPANY RENDEZVOUS, BUT THIS PROVISION SHALL NOT BE CONSTRUED TO AUTHORIZE ANY SPECIES OF EXPENDITURE PREVIOUS TO ARRIVING AT SUCH PLACES OF RENDEZVOUS WHICH IS NOT PROVIDED BY EXISTING LAWS TO BE PAID AFTER THEIR ARRIVAL AT SUCH PLACES OF RENDEZVOUS.

SECTION 32 OF THE ACT OF JUNE 3, 1916, 39 STAT., 188, PROVIDED THAT- -

WHEN MOBILIZED BY ORDER OF THE PRESIDENT, THE MEMBERS OF THE REGULAR ARMY RESERVE * * * UPON REPORTING FOR DUTY, AND BEING FOUND PHYSICALLY FIT FOR SERVICE, * * * SHALL RECEIVE * * * THE ACTUAL NECESSARY COST OF TRANSPORTATION AND SUBSISTENCE FROM THEIR HOMES TO THE PLACES AT WHICH THEY MAY BE ORDERED TO REPORT FOR DUTY UNDER SUCH SUMMONS. * * *.

MEMBERS OF THE NATIONAL GUARD WHEN CALLED INTO FEDERAL SERVICE ARE NOT ENTITLED TO PAY FROM THE UNITED STATES UNTIL THEY SHALL HAVE REACHED THEIR ORGANIZATION RENDEZVOUS, NOR ARE THEY ENTITLED TO REIMBURSEMENT OF ANY EXPENSES INCURRED IN REPORTING TO THE RENDEZVOUS. SEE 25 COMP. DEC., 870; 23 ID., 462; 5 ID., 582; 15 MS. COMP. DEC., 400. MOREOVER, THE REPORTING AND DISCHARGE THE SAME DAY OF CLAIMANT UPON HIS APPLICATION BY REASON OF DEPENDENTS DID NOT INURE TO THE BENEFIT OF THE UNITED STATES AND DOES NOT ENTITLE HIM TO ANY PART OF THE REIMBURSEMENT CLAIMED.

UPON REVIEW OF THE MATTER NO DIFFERENCES ARE FOUND AND THE SETTLEMENT IS SUSTAINED.