B-12690, MAR. 27, 1956

B-12690, MAR. 27, 1956

TO MR. WILLIAM F. SAMPSON:

REFERENCE IS MADE TO YOUR CLAIM FOR ADDITIONAL TRAVEL PAY AND ALLOWANCES BELIEVED TO BE DUE YOU INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, COMPANY I, 6TH UNITED STATES INFANTRY, DURING THE SPANISH WAR.

THE RECORDS SHOW THAT ON MAY 27, 1897, YOU ENLISTED IN THE REGULAR ARMY AT FORT THOMAS, KENTUCKY, FOR THREE YEARS, WHICH WAS THE NORMAL AUTHORIZED ENLISTMENT PERIOD PROVIDED BY THE ACT OF AUGUST 1, 1894, 28 STAT. 216. YOU WERE DISCHARGED IN THE PHILIPPINE ISLANDS ON JUNE 14, 1900, BECAUSE OF THE EXPIRATION OF YOUR TERM OF SERVICE. UPON YOUR DISCHARGE YOU WERE PAID TRAVEL ALLOWANCE OF $102.04, FOR LAND TRAVEL BETWEEN SAN FRANCISCO, CALIFORNIA, AND FORT THOMAS, KENTUCKY, AS AUTHORIZED BY THE LAWS THEN IN EFFECT. THE LAW AUTHORIZING ONE DAY'S PAY AND RATIONS FOR EACH 20 MILES OF SEA TRAVEL UPON DISCHARGE HAD BEEN REPEALED AND WAS NO LONGER IN EFFECT WHEN YOU WERE DISCHARGED ON JUNE 14, 1900.

YOUR CLAIM FOR ADDITIONAL TRAVEL PAY AND ALLOWANCES UNDER THE ACT OF DECEMBER 5, 1945, 59 STAT. 596, WAS DENIED BY OUR CLAIMS DIVISION ON MAY 15, 1946, BECAUSE THERE WAS NO AUTHORITY FOR PAYMENT UNDER THAT STATUTE.

THE ACT OF DECEMBER 5, 1945, AUTHORIZED TRAVEL PAY AND SUBSISTENCE COMPUTED ON THE BASIS DESCRIBED IN THE ACT FOR ANY PERSON WHO EITHER ENLISTED IN THE REGULAR ARMY IN THE YEAR 1898 UNDER SPECIAL ACT OF CONGRESS FOR THE DURATION OF THE WAR WITH SPAIN, OR ENLISTED OR REENLISTED DURING SUCH WAR FOR THE REGULAR ENLISTMENT PERIOD BUT SECURED HIS DISCHARGE UNDER GENERAL ORDERS NO. 40, ISSUED AT HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C., ON MAY 10, 1898. PARAGRAPH II OF SUCH ORDERS PROVIDED AS FOLLOWS:

"BY DIRECTION OF THE SECRETARY OF WAR, IT IS ANNOUNCED THAT MEN ENLISTED OR REENLISTED IN THE REGULAR ARMY DURING THE WAR MAY BE INFORMED THAT THEY WILL BE GRANTED THEIR DISCHARGES, IF DESIRED AT THE CLOSE OF THE WAR, UPON THEIR INDIVIDUAL APPLICATIONS.'

YOUR ENLISTMENT ON MAY 27, 1897, WAS PRIOR TO THE SPANISH WAR AND YOU DID NOT ENLIST OR REENLIST DURING THAT WAR. THUS YOUR DISCHARGE WAS NOT SECURED UNDER GENERAL ORDERS NO. 40 BUT WAS ISSUED TO YOU BECAUSE OF THE EXPIRATION OF YOUR TERM OF SERVICE. HENCE, IT IS CLEAR THAT YOUR SERVICE WAS NOT WITHIN THE PROVISIONS OF THE ACT OF DECEMBER 5, 1945, AND YOU ARE NOT ENTITLED TO ANY ADDITIONAL TRAVEL PAY AND ALLOWANCES UNDER THAT ACT.

ACCORDINGLY, THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM IS SUSTAINED.

THE ORIGINAL "CERTIFICATE IN LIEU OF LOST OR DESTROYED DISCHARGE CERTIFICATE" IS HEREWITH RETURNED.