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effective date of his orders to make a permanent change of station and hence no right could accrue to the transportation of that which he did not then have. The matter may also be viewed from another angle. There is no authority for the transportation of dependents from home to the first duty station nor from the last duty station to the home. 27 Comp. Dec., 61; id., 391; 1 Comp. Gen., 637; id., 677. The fact that the assistant surgeon acquired a wife on the general route to be traveled on his permanent change of station did not shift to the United States the obligation of transporting her from her home, or the place of the marriage, to his first permanent duty station after the marriage.
Upon review of the matter no differences are found and the settlement is sustained.
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 him. self 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 sooper discharged, any or all members of the National Guard and of the National Guard Reserve. All persons so 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,
the actual ni cessary 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.
NATIONAL GUARD-DRILL PAY.
Enlisted members of an organization of the National Guard attached tempo
rarily to another organization of the National Guard for the purpose of and actually attending drills of that organization are entitled to drill
pay to the same extent as though drilling with their own organization. The officers of an organization of the National Guard are not entitled to
credit in any manner, so far as pay is concerned, because the enlisted personnel of that organization are temporarily attached to and attend drills of another organization of the guard.
In determining the proportion of the enlisted strength of an organization
of the National Guard attending the prescribed drills, no credit may be allowed for the attendance at such drills of enlisted men of other organi.
zations of the guard. Comptroller General McCarl to Captain J. A. Marmon, United States Army,
May 4, 1923:
There was received April 16 your letter of March 17, 1923, submitting for decision what seems to be a supplemental pay roll for the headquarters detachment, first squadron, One hundred and fifth Cavalry, Wisconsin National Guard, for the period April 17 to May 31, 1921, for armory drill pay for drills attended pursuant to squadron orders by the enlisted men of the detachment with the Headquarters troops and troops “A” and “B” of the squadron.
The roll shows that the squadron headquarters detachment was recognized as National Guard April 1, 1921. The roll as submitted shows only the attendance at the drills of the troops mentioned above and does not show the drills, if any, of the squadron headquarters detachment, as such, which were attended, nor are any drills shown for the period April 1 to 16 and June 1 to 30. It seems evident, therefore, that the roll is a supplemental roll; if not, the roll should show that no drills were prescribed or that none was held during the periods April 1 to 16 and June 1 to 30. If it is a supplemental roll, the voucher number, account, and name of the officer paying the original roll should be shown on the supplemental roll.
The enlisted men of the Squadron Headquarters Detachment were assigned for drill to the troops mentioned by First Squadron Special Order No. 11, dated April 17, 1921, as follows:
1. The following assignments are made for the purpose of instruction, to take effect at once:
To drill with Troop "A" Friday night: Staff Sgt. Richard M. Gerretson, Corp. Edwin P. Reilly, Pvt. 1st Cl. Leo J. Schutta, Pvt. 1st Cl. George Feierbend, Pvt. Ralph Hendel, Pvt. Paul Warner, Pvt. William J. Rheingans.
To drill with Troop “B” on Tuesday night: Sgt. A. B. Lord, Pvt. L. A. Carlson, Pvt. Frank M. Starczewski, Pvt. 1st Cl. Howard R. Dickens.
To drill with Headquarters Troop on Thursday night: Sgt. Raymon Lynch Pvt. Clarence J. Kleist, Pvt. Ralph Henkel, Pvt. Louis G. Patterson, Pvt. Lothar D. Ramge, Pvt. Victor H. Ramge, Pvt Joseph Saks.
2. Commanding officers of Troops A," “ B," and Hq. Troop will forward to this office on the last day of each month a report of the attendance at drill of the enlisted men assigned to his troop for instruction. Report will also be made to this office as soon as possible thereafter of any delinquencies or misconduct on the part of any of the enlisted men assigned by Par. 1 of this order.
The reason for this assignment is stated by the Adjutant General of Wisconsin to have been:
The headquarters detachment of a Cavalry regiment is not allowed horses. To instruct men in mounted drill those in the headquarters detachment, 1st Squadron, 105th Cavalry, were assigned for drill during April and May to various troops of the squadron by orders of the Squadron commander, the maximum number of horses issued to any troop being too small to permit the detachment being assigned to any one troop as a unit.
The first paragraph of section 110 of the act of June 3, 1916, as amended by section 48 of the act of June 4, 1920, 41 Stat., 784, provides:
Each enlisted man belonging to an organization of the National Guard shall receive compensation at the rate of one-thirtieth of the initial monthly pay of his grade in the Regular Army for each drill ordered for his organization where he is officially present and in which he participates for not less than one and one-half hours, not exceeding eight in any one calendar month, and not exceeding sixty drills in one year: Provided, That no enlisted man shall receive any pay under the provisions of this section for any month in which he shall have attended less than 60 per centum of the drills or other exercises prescribed for his organization: Provided further, That the proviso contained in section 92 of this Act shall not operate to prevent the pay. ment of enlisted men actually present at any duly ordered drill or other exercise: And provided further, That periods of any actual military duty equivalent to the drills herein prescribed (except those periods of service for which members of the National Guard may become lawfully entitled to the same pay as officers and enlisted men of the corresponding grades in the Regular Army) may be accepted as service in lieu of such drills when so provided by the Secretary of War.
The enlisted men attended the drills of the troops specified in obedience to order; they were, for the purpose of drills on the nights specified in the order, attached or assigned to the troops indicated in each case, and on these nights and for the purpose for which attached the troop to which each was assigned was "his organization within the meaning of section 110, so far as his individual armory drill pay is concerned. The officers of the headquarters detachment are not, however, entitled to credit in any manner, so far as pay is concerned, because the enlisted personnel drilled with other units; nor are the attached enlisted men to be included in determining the enlisted strength or attendance of the organizations to which attached for drill.
This case is to be distinguished from the noncommisisoned officer school case, 1 Comp. Gen., 585. In that case there was no drill of an organization, a selected portion of an organization only was instructed. Here there is an organization holding its prescribed drill, and enlisted men of another unit are attached to it for the purpose of drill.
The rolls and accompanying papers are herewith returned. The roll should be amended or completed as herein indicated. If the drills credited to each man on the roll with the other drills they may have attended and have been paid for do not exceed the limits fixed in section 110 for which payment may be made, and the roll is otherwise correct, it may be paid.
VETERANS' BUREAU-DAMAGES RECOVERED BY OR FOR BENE
FICIARIES FROM OTHER PERSONS. Expenses paid from Veterans' Bureau appropriation in connection with suits and expenses incurred in the suit paid or payable by the Veterang' Bureau, should either be credited to the military and naval compensation fund to reimburse that fund for compensation already paid to the beneficiary, or should be paid to the beneficiary and credited against compensation to
in behalf of beneficiaries are deductible from the amount recovered in such
suits and reimbursable to the appropriation from which drawn. The net amount of damages recovered from outside parties in suits by or in
behalf of beneficiaries of the Veterans' Bureau, after deduction of all costs
be paid. Comptroller General McCarl to the Director, United States Veterans' Bureau, May 8, 1923:
I have your letter of April 14, 1923, requesting decision as to the proper procedure and lawful disposition by the Veterans' Bureau of amounts recovered by or on behalf of compensation beneficiaries for death or injury of the compensable person under circumstances creating a legal liability upon some person other than the United States or the enemy to pay damages therefor.
Section 313 of the war risk insurance act, as enacted in the act of June 25, 1918, 40 Stat., 613, and amended by the act of August 9, 1921, 42 Stat., 154, provides:
(1) That if an injury or death for which compensation is payable under this article is caused under circumstances creating a legal liability upon some person other than the United States or the enemy to pay damages therefor, the director, as a condition to payment of compensation by the United States, may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other person, or if it appears to be for the best interests of the beneficiary the director may require him to prosecute the said action in his own name, subject to regulations. The director may require such assignment or prosecution at any time after the injury or death, and the failure on the part of the beneficiary to so assign or to prosecute said cause of action in his own name within a reasonable time, to be fixed by the director, shall bar any right to compensation on account of the same injury or death, The cause of action so assigned to the United States may be prosecuted or compromised by the director, and any money realized or collected thereon, less the reasonable expenses of such realization or collection, shall be placed to the credit of the military and naval compensation appropriation. If the amount placed to the credit of such appropriation in such case is in excess of the amount of the award of compensation, if any, such excess shall be paid to the beneficiary after any compensation award for the same injury or death is made.
If a beneficiary or conditional beneficiary shall have recovered as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such money or other property so recovered shall be credited upon any compensation payable, or which may become payable, to such beneficiary, or conditional beneficiary by the United States on account of the same injury or death.
(2) If an injury or death for which compensation may be payable under this article is caused under circumstances creating a legal liability upon some person, other than the United States or the enemy, to pay damages therefor, then, in order to preserve the right of action, the director may require the conditional beneficiary at any time after the injury or death, to assign such right of action to the United States, or, if it appears to be for the best interests of such conditional beneficiary, to prosecute the said cause of action in his own name, subject to regulations. The failure on the part of the beneficiary to so assign or to prosecute the said cause of action in his own name within a reasonable time, to be fixed by the director, shall bar any right to compensation on account of the same injury or death. The cause of action so assigned may be prosecuted or compromised by the director, and any money realized or col. lected thereon, less the reasonable expenses of such realization or collection, shall be paid to such beneficiary, and be credited upon any future compensation which may become payable to such beneficiary by the United States on account of the same injury or death.
(2a) The Veterans' Bureau is hereby authorized to pay the beneficiary or other person or persons in whose name an action may have been commenced