JUNE 1, 1922, 1 COMP. GEN. 715

TRAVEL ALLOWANCE AND GRATUITY TO SOLDIERS DISCHARGED FOR DISABILITY EXISTING PRIOR TO ENLISTMENT A DISCHARGE GIVEN AN ENLISTED MAN OF THE ARMY BECAUSE OF DISABILITY EXISTING PRIOR TO ENLISTMENT IS AN HONORABLE DISCHARGE FOR THE PURPOSE OF PAYMENT TO HIM OF TRAVEL ALLOWANCE AND $60 WAR SERVICE GRATUITY.

DECISION OF COMPTROLLER GENERAL MCCARL, JUNE 1, 1922:

NORTHWESTERN TRUST AND SAVINGS BANK, CONSERVATOR OF THE ESTATE OF PETER JASZCZ, AS AN INSANE PERSON, FORMERLY PRIVATE OF COMPANY B, SIXTY-FIRST INFANTRY, REQUESTED APRIL 24, 1922, REVIEW OF SETTLEMENT NO. W-126353, DATED NOVEMBER 19, 1921, ALLOWING IT $91.75, CONSISTING OF $70 ARREARS OF PAY DUE TO THE SOLDIER AT THE RATE OF $30 A MONTH FOR THE PERIOD JUNE 19 TO AUGUST 28, 1919, AND $24 TRAVEL PAY FOR THE DISTANCE OF 480 MILES FROM FORT LEAVENWORTH, KANS., TO CHICAGO, ILL., AT 5 CENTS A MILE, LESS A CHARGE OF $2.25 FOR SUBSISTENCE AND DISALLOWING ITS CLAIM FOR THE WAR GRATUITY OF $60 PROVIDED BY THE ACT OF FEBRUARY 24, 1919, 40 STAT., 1151, TO ALL PERSONS SERVING IN THE MILITARY FORCES DURING THE INTERIM APRIL 6, 1917, TO NOVEMBER 11, 1918, AND WHO WERE HONORABLY DISCHARGED THEREFROM.

THE CLAIMANT STATES THAT IT UNDERSTANDS THE SOLDIER DREW NO PAY FOR APPROXIMATELY 10 MONTHS, DURING WHICH TIME HE WAS CONFINED IN A HOSPITAL, AND ASSERTS THAT THERE IS DUE APPROXIMATELY $200 TO THE ESTATE OF THE INSANE SOLDIER.

PETER JASZCZ WAS ENLISTED JUNE 25, 1918, AT CAMP JACKSON, S.C. HE RECEIVED THE PAY OF HIS GRADE FROM THAT DATE TO INCLUDE NOVEMBER 30, 1918, AND DESERTED THE SERVICE ON DECEMBER 12, 1918. HE WAS APPREHENDED FIVE DAYS LATER AND WAS TRIED DECEMBER 26, 1918, BY A GENERAL COURT-MARTIAL AND SENTENCED TO FORFEIT ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE, TO BE DISHONORABLY DISCHARGED FROM THE SERVICE, AND TO BE CONFINED AT HARD LABOR FOR FIVE YEARS. THE DISHONORABLE DISCHARGE WAS SUSPENDED UNTIL JUNE 19, 1919, WHEN HE WAS HONORABLY RESTORED TO DUTY. HE WAS DISCHARGED FROM THE SERVICE AUGUST 27, 1919, AT FORT LEAVENWORTH, KANS., AND GIVEN A BLUE DISCHARGE CERTIFICATE FOR DEMENTIA PRAECOX.

THE SETTLEMENT ALLOWING PAY FROM JUNE 19, 1919, DATE OF RESTORATION TO DUTY, TO AUGUST 28, 1919, WAS PROPER. UNDER THE SENTENCE OF THE GENERAL COURT-MARTIAL THE SOLDIER FORFEITED ALL PAY AND ALLOWANCES DUE OR TO BECOME DUE AND HE EARNED NO PAY WHILE SERVING OUT HIS SENTENCE OF FIVE YEARS AT HARD LABOR AND UNTIL HIS RESTORATION JUNE 19, 1919, TO DUTY. SEE 12 COMP. DEC., 276; 21 ID., 531; 24 ID., 621. AS THE DISCHARGE WAS NOT DISHONORABLE THE SOLDIER WAS ENTITLED TO TRAVEL PAY. 10 COMP. DEC., 375.

THERE REMAINS TO BE CONSIDERED THE QUESTION OF JASZCZ'S RIGHT TO THE WAR GRATUITY OF $60 PROVIDED BY THE ACT OF FEBRUARY 24, 1919, 40 STAT., 1151, TO ALL PERSONS SERVING IN THE MILITARY FORCES OF THE UNITED STATES DURING THE INTERIM APRIL 6, 1917, TO NOVEMBER 11, 1918, AND WHO WERE HONORABLY DISCHARGED THEREFROM. HE ENTERED THE MILITARY SERVICE JUNE 25, 1918, AND THERE CAN BE NO QUESTION BUT WHAT HE SERVED IN THE MILITARY FORCES UNTIL HIS DESERTION OF DECEMBER 12, 1918. BUT SERVICE ALONG IS NOT SUFFICIENT. THE SOLDIER MUST HAVE REPORTED AT HIS STATION PRIOR TO NOVEMBER 11, 1918, AND MUST HAVE RECEIVED AN HONORABLE DISCHARGE FROM THE MILITARY SERVICE. THE QUESTION THEREFORE RESOLVES ITSELF INTO WHETHER THE RECEIPT OF A BLUE DISCHARGE CERTIFICATE BY REASON OF A SURGEON'S CERTIFICATE OF DISABILITY IS AN HONORABLE DISCHARGE WITHIN THE MEANING OF THE GRATUITY STATUTE. SUCH A DISCHARGE IS GIVEN UNDER THE PROVISIONS OF PARAGRAPH 148 1/2, ARMY REGULATIONS, 1913-1917. THE DISCHARGE CERTIFICATE STATES THAT THE DISABILITY WAS INCURRED NOT IN LINE OF DUTY, AND THE ADJUTANT GENERAL OF THE ARMY REPORTED THAT THE DISABILITY WAS INCURRED NOT IN LINE OF DUTY, AND THE ADJUTANT GENERAL OF THE ARMY REPORTED THAT THE DISABILITY, DEMENTIA PRAECOX, EXISTED PRIOR TO ENLISTMENT. THE LAW DOES NOT CONTEMPLATE THAT THOSE WHO HAVE DISQUALIFYING DEFICIENCIES OR DEFECTS OR THOSE WHO ARE NOT PHYSICALLY SOUND WILL BE ENLISTED FOR MILITARY SERVICE. 27 COMP. DEC., 626; ID., 1063. IF, NEVERTHELESS, SUCH A PERSON IS ENLISTED WITHOUT THE DEFECT BEING OBSERVED, THE DISCHARGE FROM THE SERVICE THEREFOR IS NOT DISHONORABLE. 1 COMP. GEN., 523.

UPON REVIEW OF THE MATTER THE SETTLEMENT IS MODIFIED AND $60 IS CERTIFIED DUE CLAIMANT AS CONSERVATOR OF THE ESTATE OF PETER JASZCZ.