kind for a distance equal to that from the place of discharge to the place of acceptance for enlistment.

Approved September 22, 1922."

2. Under the foregoing act, enlisted men of the Navy are entitled upon discharge (except for causes hereinafter mentioned) to travel allowance at the rate of 5 cents per mile for all land travel (both within the United States and abroad) and to transportation in kind (including subsistence) for sea travel involved, from the place of actual discharge to the place of acceptance for enlistment only.

Due to the difficulty of enumerating with certainty all of the discharges for which men may not be entitled to travel allowance, and as travel allowance is payable via shortest usually traveled routes, it is suggested that the second instruction be amended to read as follows:

2. Under the foregoing act, enlisted men of the Navy (other than in exceptional cases) are entitled upon discharge to travel allowance via the shortest usually traveled route at the rate of 5 cents per mile for all land travel (both within the United States and abroad) and to transportation in kind (including subsistence) for sea travel involved, from the place of actual discharge to the place of acceptance for enlistment only. (See paragraph 4.)

3. Discharges by way of punishment for an offense are only those which are given pursuant to sentence of court-martial, and such discharges do not entitle a man to either travel allowance or transportation in kind. An exception to this, however, is the case of naval prisoners who under prior law are entitled upon discharge to transportation and subsistence as heretofore.

It is thought desirable that the instruction should not exclusively confine the effect of the words" by way of punishment for an offense" to discharges pursuant to sentences of court-martial, and it is accordingly suggested that the words "are only " be stricken out after the word "offense " and there be substituted therefor the word "include." 4. Discharges given for all causes, except the following, entitle a man to travel allowance:

(1) Pursuant to sentence of court-martial.

(2) For the convenience of the man. (See par. 7, re mèn discharged for purpose of reenlisting.)

(3) To enable a man to accept an appointment, warrant, or commission. (4) For fraud.

(5) For underage, not upon request of parent or guardian.

(6) For underage upon request of parent or guardian, if under eighteen years of age on date of discharge. (See par. 6.)

5. The act of 3 March, 1915, provides for the discharge of men under the age of 18 years at time of enlistment, upon application of parent or guardian. Therefore men so discharged and who are 18 years of age or over on date of discharge are entitled to travel allowance under the general conditions of paragraph 2 thereof. (26 Comp. Dec., 587; S. A. M. 5098.)

Paragraph 4 indicates that the classes (1) to (6) are all-inclusive of conditions of discharge upon which travel allowance is not authorized, and by inference creates the presumption that if a discharge does not come within one of these six enumerated classes the travel allowance is authorized.

Classes (1) to (6) were not all-inclusive for travel allowance authorized under preceding statutes which similarly contained the provision "except for discharge by way of punishment for an offense," and have been denied under statutes so worded in several other

cases-as discharge because of desertion without trial; on account of imprisonment under sentence of a civil court; or because tried and convicted by civil authorities, although turned over to naval authorities on suspended sentence. 9 Comp. Dec., 517; 14 id., 116; 24 id., 52. The act of March 3, 1915, 38 Stat., 931, referred to in paragraph 5, provides:

That hereafter no part of any appropriation for the naval service shall be expended in recruiting seamen, ordinary seamen, or apprentice seamen unless, in case of minors, a certificate of birth or a verified written statement by the parents, or either of them, or in case of their death a verified written statement by the legal guardian, be first furnished to the recruiting officer, showing applicant to be of age required by naval regulations, which shall be presented with the application for enlistment; except in cases where such certificate is unobtainable, enlistment may be made when the recruiting officer is convinced that oath of applicant as to age is credible; but when it is afterwards found, upon evidence satisfactory to the Navy Department, that recruit has sworn falsely as to age, and is under eighteen years of age at the time of enlistment, he shall, upon request of either parent, or in case of their death, by the legal guardian, be released from service in the Navy, upon payment of full cost of first outfit, unless, in any given case, the Secretary, in his discretion, shall relieve said recruit of such payment.

The Government may void a minority enlistment fraudulently entered into and when so voided by a discharge for under age no travel allowance is authorized, other than in the case of "enlisted men under the age of eighteen discharged on the application of either of their parents or legal guardian," for whom the following express provision for transportation in kind is made in the act of September 22, 1922:

transportation in kind from the place of discharge to the railroad station at or nearest to the place of acceptance for enlistment, or to their home if the distance thereto is no greater than from the place of discharge to the place of acceptance for enlistment, but if the difference be greater they may be furnished transportation in kind for a distance equal to that from the place of discharge to the place of acceptance for enlistment.

The classes of men of the Navy discharged for underage enlistment other than those for which travel allowance in the form of transportation in kind is thus expressly provided for are

Those discharged for underage at time of enlistment without the application of parents or guardians, whether they are under or over eighteen years of age at date of discharge.

Those discharged for underage at time of enlistment who at time of discharge are over eighteen-regardless of application therefor by parents or guardian.

It is accordingly suggested as to paragraph 4 that at the end of subparagraph (5) there be added the words " whether over or under eighteen years of age at date of discharge, or if over eighteen at date of discharge regardless of request of parent or guardian"; that at the end of subparagraph (6) there be added the words "other than as provided in paragraph 6"; that the words "See par. 6" in consequence be stricken out; and that paragraph 5 be entirely eliminated. As to paragraph 4 the further suggestion is made that in view of the difficulty of formulating a complete statement of discharges for

causes for which travel allowance is not payable the first two lines of said paragraph be stricken out and in lieu there be inserted the following:

Travel allowance should not be paid nor transportation or subsistence in kind furnished for discharges for the following causes: (Here enumerate such discharges as heretofore indicated.)

and that after the enumeration of the 9 causes there be added a subparagraph (10) as follows:

(10) Discharges for other exceptional causes for which no precedent can be found.

As thus reconstructed paragraph 5 would be eliminated and paragraph 4 would read:

Travel allowance should not be paid nor transportation or subsistence in kind furnished for discharges for the following causes:

(1) Pursuant to sentence of court-martial.

(2) For the convenience of the man. (See par. 7, re men discharged for purpose of reenlisting.)

(3) To enable a man to accept an appointment, warrant, or commission. (4) For fraud.

(5) For underage, not upon request of parent or guardian, whether over or under eighteen years of age at date of discharge, or, if over eighteen at date of discharge, regardless of request of parent or guardian.

(6) For underage, upon request of parent or guardian, if under eighteen years of age on date of discharge, other than as provided in paragraph 6.

(7) Because of desertion without trial.

(8) On account of imprisonment under sentence of civil court.

(9) Because tried and convicted by civil authorities.

(10) For other exceptional causes for which no precedent can be found.

6. A special proviso in the act of 22 September, 1922, directs the furKishing in kind of transportation (which includes subsistence or cash in lieu thereof) to enlisted men who are discharged on the application of either of their parents or their legal guardian, if such enlisted men are under eighteen years of age at time of discharge. Such transportation shall be furnished from the place of discharge to one of the following places at the option of the man:

(1) The station at or nearest to the place of acceptance for enlistment. (2) The man's home as stated in the service record or as disclosed in the application of parent or guardian, if the distance thereto be no greater than to the place of acceptance.

(3) A station enroute to the man's home within the same mileage distance as to place of acceptance, when the home is at a greater distance than to place of acceptance.

As the act of September 22, 1922, confines its authorization for travel allowance for men thus discharged for underage to "transportation in kind" only and there is an absence of other statutory authority therefor, it is suggested that the words in the first paragraph of this instruction "(which includes subsistence or cash in lieu thereof)" be eliminated.

7. It is to be noted that the cause of discharge and not the kind of discharge given determines the right to travel allowance, and therefore it is necessary that the cause of discharge be clearly stated on S. and A. Form 35-d, viz: For own convenience; to accept appointment; expiration of enlistment; etc.

8. The act of 4 June, 1920, reads in part as follows: "That in case any enlisted man who since the 11th day of November, 1918, has been or hereafter shall be discharged from any branch or class of the naval service for the purpose of reenlisting in the Navy or Marine Corps or heretofore has extended or hereafter shall extend his enlistment therein, he shall be entitled to * travel pay as authorized in section 3 * * of the Act * approved February 28, 1919." The act of 22 September, 1922, amends section 3 of the act of 28 February, 1919, referred to above by making the "place of acceptance for enlistment the point to which travel allowance must be computed when credited to a man on first extension of enlistment or on discharge to reenlist in the Navy or Marine Corps.

9. An enlisted man who extends his original term of enlistment is entitled to travel allowance for the first extension thereof which is payable on the date of expiration of such original term of enlistment. This travel allowance shall be computed from the place where the man may be on the date of expiration of the original term of his enlistment, to the place of acceptance for such enlistment. On actual discharge from his extended enlistment he is entitled to a second travel allowance from the place of discharge to the place of acceptance for such extended enlistment and not to the place where his extension became effective. To receive the second travel allowance the man must be actually discharged as no right to travel allowance accrues except on a first extension.

As to the travel allowance on discharge from the enlistment as extended-the second travel allowance it is understood that the purpose of the instruction is that it shall be computed to the place where the man was accepted for the original term of the enlistment as thus extended; or, in other words, that the second travel allowance, payable on discharge from the term as extended, shall be computed to the identical place to which the computation for the first travel allowance at the expiration date of the original term is made; which appears in accord with 27 Comp. Dec., 305, 381, 729, and procedure thereunder. This being the effect to be accomplished it is suggested that there be eliminated the words "such extended enlistment and not to the place where his extension became effective" and in lieu there be inserted the words "the enlistment thus extended," making the completed instruction thus changed read:

9. An enlisted man who extended his original term of enlistment is entitled to travel allowance for the first extension thereof, which is payable on the date of expiration of such original term of enlistment. This travel allowance shall be computed from the place where the man may be on the date of expiration of the original term of his enlistment to the place of acceptance for such enlistment.

On actual discharge from his extended enlistment he is entitled to a second travel allowance from the place of discharge to the place of acceptance for the enlistment thus extended. To receive the second travel allowance the man must be actually discharged, as no right to travel allowance accrues except on a first extension.

10. A man whose first extension of enlistment becomes effective when in a foreign port is entitled to travel allowance at the rate of five cents per mile from such port to place of acceptance for enlistment over the shortest usually traveled land route, but if travel can not be performed by land, then travel allowance should be computed from the nearest port in the United States to which the man could be furnished transportation from said foreign port via a regular line of merchant steamers. (Comp. Dec., 13 Dec. 1920; Feb. 16, 1921.)

As the travel allowance is payable via the shortest usually traveled route, whether land or water, the following is suggested as a substitute for the proposed instruction:

10. A man discharged in a foreign port for purposes of reenlisting in the Navy or Marine Corps or whose first extension of enlistment becomes effective in a foreign port, if such discharge or extension shall have occurred on or after September 22, 1922, is entitled to travel allowance from such port to the place of his acceptance for enlistment computed by the shortest usually traveled route, and such travel allowance shall consist of 5 cents per mile for such portion of the distance thus computed as is land travel only. (See paragraph 9.)

11. The travel allowance of a man whose first extension of enlistment becomes effective while at sea should be computed from the port in the United States at which the vessel next arrives unless the vessel arrives first at a foreign port, in which case travel allowance will be computed as if extension became effective while in such foreign port. (See preceding paragraph; Comp. Dec., 13 Dec. 1920.)

As the allowance is equally computed from the next port at which the vessel arrives, whether it be a United States port or a foreign one, and in either event via the shortest usually traveled route, the following is suggested as a substitute instruction:

The travel allowance of a man whose first extension of enlistment becomes effective while at sea shall be computed from the port at which the vessel next arrives to the place of acceptance for enlistment via the shortest usually traveled route. If said port be a foreign port the computation shall be as indicated in paragraph 10.

12. Enlisted men on transfer from the regular Navy to the Fleet Naval Reserve, Classes 1-C and D, are entitled to the same travel allowance on transfer as if regularly discharged on such date, but such travel allowance is not payable until date of actual release from active duty.

Enlisted men of the Navy who on the date of the completion of their term of enlistment are transferred to the Fleet Naval Reserve, Class 1-C or D, are discharged from the Navy as of that date for the purpose of travel allowance, notwithstanding the usual certificate evidencing the discharge may not have issued and without regard to whether as reserves their status following the transfer be that of active or inactive duty. See in this connection act of August 29, 1916, 39 Stat., 589; 25 Comp. Dec., 609; 24 id., 179.

Men transferred from the Navy to the Fleet Naval Reserve, Class 1-D, at other than at expiration of enlistment, whose status as reserves becomes upon the transfer that of inactive duty, are entitled to travel allowance. See, in this connection, 25 Comp. Dec., 310. It is therefore suggested that this instruction be amended to read:

12. Enlisted men transferred from the regular Navy to the Fleet Naval Reserve, Class 1-C or D, on the date of the expiration of their enlistment in the Navy, are entitled upon the transfer to travel allowance as prescribed in paragraph 2.

Enlisted men transferred from the Navy to the Fleet Naval Reserve, Class 1-D, at other than at expiration of enlistment, whose status as Reserves becomes upon the transfer that of inactive duty, are entitled to travel allowance as prescribed in paragraph 2.