JANUARY 21, 1922, 1 COMP. GEN. 379

WAR SERVICE GRATUITY THE ACT OF FEBRUARY 24, 1919, 40 STAT., 1151, PROVIDING FOR PAYMENT OF THE WAR-SERVICE GRATUITY OF $60, CONTEMPLATES ONLY THOSE ACTUALLY "SERVING IN THE MILITARY OR NAVAL FORCES" AS BEING ENTITLED TO THE GRATUITY. THOSE PERSONS SUBJECT TO DRAFT WHO ANSWERED AND WERE EXEMPTED FOR PHYSICAL DISABILITY OR BECAUSE OF OTHER PROPER REASONS BEFORE MILITARY OR NAVAL SERVICE WAS REQUIRED OF THEM ARE NOT ENTITLED TO THE GRATUITY. SUCH DECISIONS OF THE FORMER ACCOUNTING OFFICERS WHICH MAY BE TO THE CONTRARY WILL NOT BE FOLLOWED HEREAFTER.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 21, 1922:

BENNIE LISKAR APPLIED NOVEMBER 9, 1921, FOR REVISION OF THE ACTION OF THE AUDITOR FOR THE WAR DEPARTMENT IN DISALLOWING IN SETTLEMENT NO. 756346, DATED DECEMBER 18, 1920, HIS CLAIM FOR THE $60 WAR GRATUITY PROVIDED BY SECTION 1406 OF 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.

CLAIMANT WAS A REGISTRANT OF LOCAL SELECTIVE SERVICE BOARD NO. 109 OF NEW YORK CITY, N.Y., AND FAILED TO RETURN HIS QUESTIONNAIRE WITHIN THE REQUIRED TIME, AND IT APPEARS THAT HE WAS DECLARED A DESERTER ON JUNE 1, 1918, AND ON JULY 10, 1918, WAS CERTIFIED TO THE ADJUTANT GENERAL OF THE STATE OF NEW YORK AS SUCH; THAT HE WAS APPREHENDED AND SENT TO CAMP GREENLEAF, GA., AUGUST 7, 918; AND THAT HE WAS DISCHARGED AUGUST 20, 1918, FROM THE DRAFT BY REASON OF A DISABILITY WHICH INCAPACITATED HIM FOR MILITARY SERVICE.

THE PRECISE QUESTION PRESENTED FOR DECISION IS WHETHER A PERSON APPREHENDED AS A DESERTER FROM THE DRAFT AND SENT TO A TRAINING CAMP AND WHO IS THERE DISCHARGED FROM THE DRAFT ACTUALLY SERVED IN THE MILITARY FORCES OF THE UNITED STATES WITHIN THE MEANING OF THE ACT OF FEBRUARY 24, 1919, 40 STAT., 1151.

A SIMILAR QUESTION WITH RELATION TO PAYMENT OF A BONUS GRANTED BY THE STATE OF RHODE ISLAND, PUBLIC LAWS OF JANUARY SESSION 1920, TO THOSE RECOGNIZED BY THE WAR OR NAVY DEPARTMENT WHO WERE ,MUSTERED INTO THE FEDERAL SERVICE AND REPORTED FOR ACTIVE DUTY" BETWEEN APRIL 6, 1917, AND NOVEMBER 11, 1918, WAS BEFORE THE SUPREME COURT OF RHODE ISLAND IN BANNISTER V. SOLDIERS' BONUS BOARD, 112 ATLANTIC REPORTER, 422, AND IT WAS THERE HELD THAT A PERSON INDUCTED BY A LOCAL SELECTIVE SERVICE BOARD AND SENT TO A TRAINING CAMP AND THERE ALMOST IMMEDIATELY DISCHARGED FROM THE DRAFT BY REASON OF A DISABILITY "WAS "INDUCTED" INTO THE MILITARY SERVICE, BUT HE WAS NOT ,MUSTERED" INTO THE SERVICE, * * * AND NEVER HAD AN OPPORTUNITY TO REPORT FOR ACTIVE DUTY.' THE COURT ALSO SAID THAT HIS EXPERIENCE WITH THE DRAFT NEVER BROUGHT HIM TO THE STAGE WHERE IT WAS POSSIBLE FOR HIM TO BE ORDERED TO ATTACK THE ENEMY OR ENDURE THE PERILS OF WAR AND, CONSEQUENTLY, HE WAS NOT A PERSON "SERVING WITH THE MILITARY FORCES" DURING THE RECENT WAR.

THE ACT OF FEBRUARY 24, 1919, 40 STAT., 1151, PROVIDES THAT $60 SHALL BE PAID TO---

ALL PERSONS SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES DURING THE PRESENT WAR WHO HAVE, SINCE APRIL 6, 1917, RESIGNED OR BEEN DISCHARGED UNDER HONORABLE CONDITIONS (OR, IN THE CASE OF RESERVISTS, BEEN PLACED ON INACTIVE DUTY), OR WHO AT ANY TIME HEREAFTER (BUT NOT LATER THAN THE TERMINATION OF THE CURRENT ENLISTMENT OR TERM OF SERVICE) IN CASE OF THE ENLISTED PERSONNEL AND FEMALE NURSES, OR WITHIN ONE YEAR AFTER THE TERMINATION OF THE PRESENT WAR IN THE CASE OF OFFICERS, MAY RESIGN OR BE DISCHARGED UNDER HONORABLE CONDITIONS (OR, IN THE CASE OF RESERVISTS, BE PLACED ON INACTIVE DUTY.)

THE ENACTMENT CONTEMPLATES THOSE "SERVING IN THE MILITARY OR NAVAL FORCES," AND RECOGNIZES THE LIMITATIONS THEREOF BY VARIOUS SPECIFIC PROVISIONS, SUCH AS FOR RESERVISTS PLACED ON INACTIVE DUTY. THEY WHO ARE SUBJECT TO DRAFT, OR WHO HAVE ANSWERED AND BEEN EXEMPTED, MAY BE CLASSED AS UNDER MILITARY CONTROL OR MILITARY CUSTODY DURING THE PERIOD PENDING THE DETERMINATION OF RELIEF FROM THE DRAFT FOR PHYSICAL REASONS OR EXEMPTED BECAUSE OF OTHER PROPER REASONS, AND UNLESS THE DRAFT IS COMPLETED BY AFFIRMATIVE REQUIREMENT OF SERVICE, THE CONDITION DURING THE PENDING OF THE QUESTION IS NOT ONE OF "SERVING IN THE MILITARY OR NAVAL FORCES" TO WHICH THE BONUS RELATES.

THE GRATUITY STATUTE HAD AS ITS PURPOSE TO PROVIDE THE DISCHARGED SOLDIER WITH SUFFICIENT FUNDS TO ENABLE HIM TO DEFRAY HIS EXPENSES DURING THE TIME ORDINARILY REQUIRED TO SECURE EMPLOYMENT AND TO REWARD ALL THOSE WHO HAD RENDERED MERITORIOUS SERVICE TO THE COUNTRY DURING THE WAR WITH GERMANY. 25 COMP. DEC., 771; 26 ID., 845. SUCH DECISIONS OF THE FORMER ACCOUNTING OFFICERS WHICH MAY BE TO THE CONTRARY WILL NOT BE FOLLOWED HEREAFTER.