JULY 3, 1922, 2 COMP. GEN. 3
Highlights
TRAVEL ALLOWANCE TO ARMY FIELD CLERKS ON DISCHARGE AN ARMY FIELD CLERK WHO FIRST ENTERED THE MILITARY SERVICE AS AN ENLISTED MAN AND WAS DISCHARGED. TO ACCEPT AN APPOINTMENT AS A FIELD CLERK IS ENTITLED UPON FINAL DISCHARGE TO TRAVEL ALLOWANCE TO THE PLACE HE FIRST ENTERED THE SERVICE BY ENLISTMENT. IS NOT RESTRICTED TO TRAVEL ALLOWANCE TO THE PLACE OF ACCEPTING HIS APPOINTMENT AS FIELD CLERK. AS A PRIVATE AND WAS ASSIGNED TO THE 2D COMPANY. WAS SERVING AS A SERGEANT MAJOR. WHEN HE WAS DISCHARGED AS AN ENLISTED MAN TO ACCEPT AN APPOINTMENT AS AN ARMY FIELD CLERK. HE ACCEPTED THE APPOINTMENT THE NEXT DAY AFTER HE WAS DISCHARGED AS AN ENLISTED MAN AND WAS SERVING AT GOVERNORS ISLAND. WHEN HE WAS DISCHARGED AS AN ARMY FIELD CLERK.
JULY 3, 1922, 2 COMP. GEN. 3
TRAVEL ALLOWANCE TO ARMY FIELD CLERKS ON DISCHARGE AN ARMY FIELD CLERK WHO FIRST ENTERED THE MILITARY SERVICE AS AN ENLISTED MAN AND WAS DISCHARGED, TO ACCEPT AN APPOINTMENT AS A FIELD CLERK IS ENTITLED UPON FINAL DISCHARGE TO TRAVEL ALLOWANCE TO THE PLACE HE FIRST ENTERED THE SERVICE BY ENLISTMENT, AND IS NOT RESTRICTED TO TRAVEL ALLOWANCE TO THE PLACE OF ACCEPTING HIS APPOINTMENT AS FIELD CLERK.
DECISION BY COMPTROLLER GENERAL MCCARL, JULY 3, 1922.
JAMES C. ANDERSON, ARMY FIELD CLERK, DISCHARGED, REQUESTED FEBRUARY 10, 1922, REVIEW OF SETTLEMENT NO. W-121790, DATED OCTOBER 3, 1921, ALLOWING HIM TRAVEL PAY FROM GOVERNORS ISLAND, Y., TO FORT MONROE, VA., AND REFUSING TO ALLOW HIM TRAVEL PAY INSTEAD FROM GOVERNORS ISLAND TO CAIRO, ILL.
CLAIMANT ENTERED THE MILITARY SERVICE MAY 5, 1917, AT CAIRO, ILL., AS A PRIVATE AND WAS ASSIGNED TO THE 2D COMPANY, COAST ARTILLERY CORPS, AND WAS SERVING AS A SERGEANT MAJOR, JUNIOR GRADE, ON APRIL 10, 1919, AT FORT MONROE, VA., WHEN HE WAS DISCHARGED AS AN ENLISTED MAN TO ACCEPT AN APPOINTMENT AS AN ARMY FIELD CLERK. HE ACCEPTED THE APPOINTMENT THE NEXT DAY AFTER HE WAS DISCHARGED AS AN ENLISTED MAN AND WAS SERVING AT GOVERNORS ISLAND, N.Y., ON FEBRUARY 14, 1921, WHEN HE WAS DISCHARGED AS AN ARMY FIELD CLERK. DUE TO SOME MISAPPREHENSION, NOT DISCLOSED, AS TO HIS TRAVEL-PAY RIGHTS, HE WAS NOT PAID ANY TRAVEL PAY UPON DISCHARGE. SUBSEQUENTLY HE SUBMITTED TO THIS OFFICE A CLAIM FOR TRAVEL PAY FROM GOVERNORS ISLAND, N.Y., TO CAIRO, ILL., BUT WAS ALLOWED TRAVEL PAY FROM GOVERNORS ISLAND, N.Y., TO FORT MONROE, VA. REVIEW OF THE SETTLEMENT HAS BEEN REQUESTED.
AN ARMY FIELD CLERK UPON DISCHARGE IS ENTITLED TO THE SAME TRAVEL PAY RIGHTS AS AN ARMY OFFICER. 26 COMP. DEC., 591. THE AUTHORIZATION FOR THE PAYMENT OF TRAVEL PAY TO A COMMISSIONED OFFICER OF THE ARMY UPON DISCHARGE IS CONTAINED IN THE ACT OF MARCH 2, 1901, 31 STAT., 902, IN LANGUAGE AS FOLLOWS:
WHEN AN OFFICER SHALL BE DISCHARGED FROM THE SERVICE, EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, HE SHALL RECEIVE FOR TRAVEL ALLOWANCES FROM THE PLACE OF HIS DISCHARGE TO THE PLACE OF HIS RESIDENCE AT THE TIME OF HIS APPOINTMENT OR TO THE PLACE OF HIS ORIGINAL MUSTER INTO THE SERVICE FOUR CENTS PER MILE.
IT HAS BEEN UNIFORMLY AND CONSISTENTLY HELD THAT THE PLACE TO WHICH AN ARMY OFFICER IS ENTITLED TO TRAVEL PAY UPON DISCHARGE WHEN HE ENTERS THE MILITARY SERVICE AS A COMMISSIONED OFFICER FROM CIVIL LIFE IS THE PLACE WHERE HE ACCEPTED HIS COMMISSION, WHICH, IN CONTEMPLATION OF LAW, IS HIS PLACE OF RESIDENCE. 5 COMP. DEC., 113; 25 ID., 860; SELLS V. UNITED STATES, 36 CT.CLS., 94. THE PURPOSE OF THE TRAVEL PAY LAW IS TO RETURN A PERSON DISCHARGED FROM THE MILITARY SERVICE TO THE PLACE WHERE THE GOVERNMENT ACCEPTED HIM. SHERBURNE V. UNITED STATES, 16 CT.CLS., 497; 23 COMP. DEC., 282. THE RULE THAT AN OFFICER WHO ACCEPTED HIS APPOINTMENT FROM CIVIL LIFE IS ENTITLED UPON DISCHARGE TO TRAVEL PAY ONLY TO HIS PLACE OF ACCEPTANCE DOES NOT APPLY WHERE HE ORIGINALLY ENTERED THE MILITARY SERVICE AS AN ENLISTED MAN AND IS DISCHARGED AS AN ENLISTED MAN TO ACCEPT AN APPOINTMENT AS AN OFFICER. OBVIOUSLY THE PLACE OF ACCEPTANCE MAY HAVE NO RELATION WHATEVER TO HIS HOME OR TO THE PLACE WHERE THE UNITED STATES TOOK HIM INTO THE MILITARY SERVICE FROM CIVIL LIFE. SUCH DISCHARGED OFFICER IS ENTITLED TO TRAVEL PAY TO THE PLACE HE ORIGINALLY ENTERED THE MILITARY SERVICE. 2 COMP. DEC., 504; 25 ID. 547.
UPON REVIEW OF THE MATTER THE SETTLEMENT IS MODIFIED AND $30.12, BEING TRAVEL PAY AT THE RATE OF 4 CENTS A MILE FOR THE OFFICIAL DISTANCE OF 1,089 MILES FROM GOVERNORS ISLAND TO CAIRO, LESS $13.44 HERETOFORE ALLOWED, IS CERTIFIED DUE CLAIMANT.