B-93266, APRIL 19, 1950, 29 COMP. GEN. 410

B-93266, APRIL 19, 1950, 29 COMP. GEN. 410

TRAVEL ALLOWANCE - MARINE CORPS RESERVIST ON ACTIVE DUTY - EXTENSION OF ENLISTMENT IN VIEW OF THE FACT THAT THE REGULATIONS CONTEMPLATED BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, RELATING TO PAYMENT OF TRAVEL ALLOWANCES, HAVE NOT BEEN PROMULGATED, A MEMBER OF THE MARINE CORPS RESERVE ON ACTIVE DUTY WHOSE COMBINED INACTIVE AND ACTIVE SERVICE TERMINATES HIS TWO-YEAR ENLISTMENT AND WHO IMMEDIATELY EXTENDS HIS ENLISTMENT FOR ANOTHER TWO YEARS IS ENTITLED UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, TO TRAVEL ALLOWANCE AT FIVE CENTS PER MILE FROM HIS ACTIVE DUTY STATION TO THE PLACE WHERE THE ORDERS ASSIGNING HIM TO DUTY WERE ADDRESSED.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. R. M. GEORGE, UNITED STATES MARINE CORPS, APRIL 19, 1950:

THERE HAS BEEN RECEIVED BY FIRST ENDORSEMENT OF FEBRUARY 23, 1950, FROM THE QUARTERMASTER GENERAL OF THE MARINE CORPS, YOUR LETTER OF FEBRUARY 17, 1950, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO CREDIT THE ACCOUNT OF SERGEANT EARL F. KELLER, USMCR, WITH TRAVEL ALLOWANCE AT THE RATE OF 5 CENTS PER MILE FOR THE DISTANCE FROM ATLANTA, GEORGIA, TO JACKSONVILLE, FLORIDA, ON THE BASIS OF FACTS THEREIN PRESENTED.

IT IS STATED THAT SERGEANT KELLER ENLISTED IN THE MARINE CORPS RESERVE FOR A PERIOD OF TWO YEARS ON JANUARY 23, 1948, AND WAS ORDERED TO ACTIVE DUTY ON SEPTEMBER 26, 1949, BY ORDERS ADDRESSED TO AND RECEIVED BY HIM AT JACKSONVILLE, FLORIDA, HIS LEGAL RESIDENCE AT THAT TIME; THAT ON JANUARY 19, 1950, HE EXECUTED AN AGREEMENT TO EXTEND HIS ENLISTMENT FOR A PERIOD OF TWO YEARS EFFECTIVE JANUARY 23, 1950; AND THAT HE HAS SERVED CONTINUOUSLY AT HEADQUARTERS, SIXTH MARINE CORPS RESERVE DISTRICT, ATLANTA, GEORGIA, SINCE REPORTING FOR DUTY THEREAT UNDER THE ORDERS OF SEPTEMBER 26, 1949.

PARAGRAPHS 1 AND 13, ARTICLE 5550, MARINE CORPS MANUAL, PROVIDE AS FOLLOWS:

ANY PERSON SERVING IN THE REGULAR MARINE CORPS, EXCEPT 1 YEAR ENLISTEE ( USMC-V) WHOSE RETENTION IN THE SERVICE IS DESIRABLE AND WHO ORDINARILY WOULD BE REENLISTED, MAY, WITHOUT REFERENCE TO THE COMMANDANT OF THE MARINE CORPS, VOLUNTARILY EXTEND HIS ENLISTMENT FOR A PERIOD OF 1 OR 2 FULL YEARS FROM THE DATE OF EXPIRATION OF ENLISTMENT.

TERMS OF ENLISTMENT OF MEMBERS OF THE MARINE CORPS RESERVE MAY BE EXTENDED UNDER THE SAME REGULATIONS AS APPLY TO MEMBERS OF THE REGULAR MARINE CORPS, EXCEPT FOR SUCH MODIFICATIONS AS ARE NECESSARY TO ADAPT SAID REGULATIONS TO THE MARINE CORPS RESERVE.

YOUR DOUBT AS TO WHETHER THE ENLISTED MAN IS ENTITLED, UPON THE EFFECTIVE DATE OF HIS EXTENSION OF ENLISTMENT, TO TRAVEL ALLOWANCE AT 5 CENTS PER MILE FROM ATLANTA, GEORGIA, TO JACKSONVILLE, FLORIDA, ARISES BY THE FACT THAT REGULATIONS REQUIRED BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, 81ST CONGRESS, HAVE NOT BEEN PROMULGATED. WHILE THE PROVISIONS OF LAW RELATING TO PAYMENT OF TRAVEL ALLOWANCE ON DISCHARGE OR RELEASE FROM ACTIVE DUTY (SECTION 126 OF THE NATIONAL DEFENSE ACT, 39 STAT. 217, AS AMENDED BY THE ACT OF AUGUST 2, 1946, 60 STAT. 856) ARE REPEALED "EFFECTIVE ON JANUARY 1, 1950" BY SECTIONS 531 (C) (6) AND 533 (C) OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, 81ST CONGRESS, 63 STAT. 840, 841, THE ENLISTED MAN'S RIGHTS ARE FOR DETERMINATION UNDER THE PROVISIONS OF SAID SECTION 126, AS AMENDED, SINCE IT APPEARS THAT THE REGULATIONS CONTEMPLATED BY SECTION 303 OF SAID CAREER COMPENSATION ACT RELATING TO PAYMENT OF TRAVEL ALLOWANCES, HAVE NOT YET BEEN PROMULGATED, SUBSECTION (H) THEREOF, 63 STAT. 815, PROVIDING THAT PAYMENT OF TRAVEL ALLOWANCES MAY BE MADE "UNDER PROVISIONS OF LAW IN EFFECT ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, UNTIL SUCH REGULATIONS ARE ISSUED PURSUANT TO THIS SUBSECTION.' DECISION B-91297, DECEMBER 23, 1949.

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 60 STAT. 856, PROVIDES:

AN ENLISTED PERSON OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, INCLUDING RESERVE COMPONENTS THEREOF, UPON DISCHARGE EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, RETIREMENT, OR RELIEF FROM ACTIVE DUTY, SHALL, UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY PRESCRIBE FOR PERSONNEL UNDER HIS JURISDICTION, RECEIVE A MONEY ALLOWANCE OF 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY TO HIS HOME, OR PLACE OF ACCEPTANCE FOR ACTIVE DUTY, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR SUCH OTHER PLACE AS MAY BE DETERMINED TO BE MOST APPROPRIATE BY THE HEAD OF THE DEPARTMENT CONCERNED. * * *

THE EXTENSION OF SERGEANT KELLER'S ENLISTMENT TOOK EFFECT IMMEDIATELY UPON EXPIRATION OF HIS 2-YEAR ENLISTMENT IN THE MARINE CORPS RESERVE, AND WHILE IT IS EVIDENT THAT THE PERIOD OF ACTIVE DUTY WHICH HE PERFORMED IN SAID 2-YEAR ENLISTMENT PERIOD TOTALED LESS THAN FOUR MONTHS' SERVICE AND HENCE WAS GREATLY LESS THAN THE ACTIVE SERVICE REQUIRED TO BE PERFORMED BY AN ENLISTED MEMBER OF THE REGULAR MARINE CORPS BEFORE A CORRESPONDING 2- YEAR ENLISTMENT WOULD TERMINATE BY EXPIRATION, SUCH COMBINED INACTIVE AND ACTIVE SERVICE IN THE MARINE CORPS RESERVE IN FACT TERMINATED HIS ENLISTMENT BY EXPIRATION ON JANUARY 22, 1950, AND ON THAT DATE HE BECAME ENTITLED TO TRAVEL ALLOWANCE AT 5 CENTS PER MILE, OTHER CONDITIONS OF THE STATUTE HAVING BEEN MET. 20 COMP. GEN. 1; COMPARE 20 ID. 519. SERGEANT KELLER ACTUALLY HAD BEEN DISCHARGED ON EXPIRATION OF HIS TERM OF ENLISTMENT, HE WOULD HAVE BEEN ENTITLED TO TRAVEL ALLOWANCE TO JACKSONVILLE, FLORIDA, THE PLACE WHERE THE ORDERS ASSIGNING HIM TO ACTIVE DUTY ON SEPTEMBER 26, 1949, WERE ADDRESSED (SEE SUBPARAGRAPH 3E OF ARTICLE 7500 OF THE NAVY TRAVEL INSTRUCTIONS).

ACCORDINGLY, PAYMENT OF TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM ATLANTA, GEORGIA, TO JACKSONVILLE, FLORIDA, IS PROPER, IF OTHERWISE CORRECT. THE ORDER TO ADJUST ACCOUNT, TRANSMITTED WITH YOUR LETTER, IS RETURNED HEREWITH.