due enlisted men for clothing savings accrued to September 15, 1940, by reason of the suspension of the clothing money allowances, will be settled as soon as possible during the current fiscal year. For this purpose, the provisions of current regulations prohibiting the payment of clothing savings to enlisted men until their separation from the service are suspended." It appears, therefore, that the War Department intends to pay the saved clothing allowance due enlisted men of the Army on the date on which money allowance for clothing was suspended, September 15, 1940, in accordance with the authority contained in the acts of June 30, 1921, and March 8, 1922, 42 Stat. 82 and 418, supra. 4. As a measure of economy in administration it is desired to suspend the provisions of article 15-8, Marine Corps Manual, and immediately pay the balances due the enlisted men of the Marine Corps on account of savings from the money allowance for clothing accrued to them on September 30, 1940, the date the money allowance for clothing was suspended. The Naval Appropriation Act, 1942, approved May 6, 1941, Public Law 48, 77th Congress, provides under pay of Marine Corps that: "Undrawn clothing: For payment to discharged enlisted men for clothing undrawn, $264,000;" 5. In view of the apparent restriction contained in the current Naval Appropriation Act cited, supra, it is requested that a decision be obtained from the Comptroller General of the United States as to whether disbursing officers of the Marine Corps may legally pay accrued savings of clothing allowance due enlisted men of the Marine Corps prior to their actual discharge as is now being done in the Army. For many years there has been included in each annual Marine Corps appropriation an item for payment to discharged enlisted men (referred to as discharged soldiers in the earlier appropriation acts) for clothing undrawn. The language of these appropriations doubtless was formulated in the first instance to accord with the terms of the basic act of May 15, 1872, 17 Stat. 117 (section 1302, Revised Statutes; 10 U. S. C. 874) supra, which authorized a clothing allowance. for enlisted men of the Army, but provided that any amount due an enlisted man on such allowance should not be paid to him until his final discharge from the service. This basic law was applicable to enlisted men of the Marine Corps by reason of the provisions of section 1612, Revised Statutes. The acts of June 30, 1921, 42 Stat. 82, and March 8, 1922, 42 Stat. 418 (10 U. S. C. 833), quoted in the Major General Commandant's letter, supra, authorized the settlement of clothing accounts of Army enlisted men and the payment of any balances due the men at such periods and under such regulations as might be prescribed by the Secretary of War. The clothing money allowance for Army enlisted men was suspended as of midnight September 15, 1940 (War Department Circular No. 97, September 7, 1940), and under date of August 20, 1941, The Adjutant General of the Army, by order of the Secretary of War, directed that unpaid balances of money due enlisted men for clothing savings accrued to September 15, 1940, be settled as soon as possible during the current fiscal year. In the decision of October 25, 1940, to you (B-12967), it was pointed out that any change in the quantity of the clothing allowance granted to en listed men of the Army, and any change in the conditions under which the allowance may be issued, apply to enlisted men of the Marine Corps. In the light of the history of the provision in the 1942 Marine Corps appropriation "For payment to discharged enlisted men for clothing undrawn," and the related legislation, it is evident that the Congress did not use the word "discharged" in the said provision with the purpose of limiting the use of the funds, under any and all conditions, to payments to discharged enlisted men. The term "discharged enlisted men" was first used in the appropriations to describe the only class of enlisted men authorized by the basic law to receive a cash payment on account of the clothing allowance and was not specifically designed for application as a term of limitation. In this connection, see decision of April 30, 1941, to the Secretary of State, B-16230, wherein it was held that funds appropriated for "expenses of organizing and holding the Eighth Pan American Child Congress in the United States in 1941" are available for otherwise proper expenses incurred at any time prior to July 1, 1942, and that the designation of the year in which the holding of the Congress was contemplated must have been intended as descriptive only since to give it effect as limitation would be inconsistent with the provision making the funds available until June 30, 1942. Also see 20 Comp. Gen. 399, in which it was held as follows (quoting the syllabus): Since it became necessary that the International Labor Organization move its headquarters away from Geneva, Switzerland, the appropriation for "liaison with the International Labor Organization," which provides for personal services in Geneva, is available for compensation of employees at the seat of Government, Washington, D. C., or elsewhere, if such employees are engaged solely on field duties, but not if the employees are engaged on administrative duties at Washington in view of the seat of Government employment limitation provisions of the act of August 5, 1882. It does not appear that the use of the funds appropriated by the Naval Appropriation Act, 1942, for payment to Marine Corps enlisted men for undrawn clothing prior to their actual discharge from the service will result in the Government paying any greater total amount of money than it would pay eventually when the men are discharged, and it is stated by the Major General Commandant of the Marine Corps that the acceleration of payment of the balances due the individual Marines will result in economy in administration. In view of all of the foregoing, the Marine Corps appropriation for the fiscal year 1942 for "undrawn clothing" is available for the payment of "accrued savings of clothing allowance due enlisted men of the Marine Corps prior to their actual discharge as is now being done in the Army." (B-20934) REGULAR ARMY RESERVISTS-LUMP SUM PAYMENT FOR TIME ON RESERVE LIST A Regular Army reservist who, on account of conditions of dependency not existing at the time he entered on active duty or within 20 days thereafter. was discharged upon his own application made more than 20 days after his acceptance for active duty is entitled to the lump sum allowance which is payable under section 30 of the National Defence Act, as amended, to Regular Army reservists for time on the reserve list if found qualified and accepted for active duty. 20 Comp. Gen. 898, distinguished. Assistant Comptroller General Elliott to Maj. J. R. Berrios, U. S. Army, November 19, 1941: There was received by first indorsement dated October 1, 1941, your letter of September 23, 1941, as follows: 1. There is transmitted herewith, the final statement of John D. Jacoby, 6554307, Corporal, D. E. M. L. Detachment, CASC 1953, a Regular Army reservist who enlisted in the Regular Army Reserve on September 2, 1938; was accepted for active duty at Fort MacArthur, California, February 10, 1941 and was honorably discharged at Camp Callan, California on April 12, 1941. 2. Paragraph 31b (1) AR 155-5 provides for payment of $3.00 per month for each month enlisted men in this category have been enlisted in the Regular Army Reserve, not to exceed $150.00, such payment to be made when accepted for active service. Accordingly, Corporal Jacoby was paid $87.00 on voucher No. 110, account of the undersigned for March 1941. 3. Section III, circular No. 42, War Department dated March 15, 1941, which was received at this station on May 12, 1941, copy inclosed, provides that "Members of the Regular Army Reserve, who, upon being ordered to active duty, request discharge on account of dependents, are not qualified for active duty within the intent of paragraph 31b (1), AR 155-5, and are therefore not entitled to receive the additional payment provided for in that paragraph.” 4. The Certificate of Discharge (WD, AGO Form 55) issued to this soldier shows he was discharged by reason of dependency under section V, AR 615–360 and letter, Headquarters Ninth Corps Area, dated April 8, 1941 (Copy inclosed), after having served over two months. 5. In view of your decision, B-16981, published in Finance Bulletin No. 73, 1941, this office is in doubt as to whether or not Private Jacoby is required to refund to the United States the amount of $87.00 paid to him under the regulation cited in paragraph 2, supra, and such amount charged against him on the final statement for settlement under the provisions of paragraph 5 d, AR 35-2440. 6. The case is therefore submitted requesting an advance decision. 7. The undersigned is the disbursing officer to whom this voucher has been submitted for payment. That portion of the decision of this office referred to in the fifth paragraph of your letter, 20 Comp. Gen. 898 (B-16981, dated June 16, 1941), which is particularly pertinent to the question you present is as follows: Subparagraph 31b (1), Army Regulations 155-5, quoted by you in connection with your third question, is based on that part of section 30 of the National Defense Act, as amended, which reads as follows: Members of the Regular Army Reserve may be ordered to active. duty only in case of emergency declared by the President and when so ordered shall be furnished transportation * * *. In addition, if found qualified and accepted for active duty following such order they shall receive a sum at the rate of $3 per month for each month they have been enlisted in the Regular Army Reserve, but not to exceed $150. You state that action was taken in section III, War Department Circular No. 42, dated March 15, 1941, which was specifically designed to prohibit payment of the additional allowance of $3 per month in the case of members of the Regular Army Reserve who request discharge on account of dependency within 20 days after entry into active military service. Section III of the cited circular reads as follows: "III-Pay and allowances for Regular Army reservists discharged on account of dependents. In order to clarify the intent of paragraph 31b (1), AR 155–5, the following instructions are published for the information and guidance of all concerned: "Members of the Regular Army Reserve, who, upon being ordered to active duty, request discharge on account of dependents, are not qualified for active duty within the intent of paragraph 31b (1), AR 155-5, and are therefore not entitled to receive the additional payment provided for in that paragraph." While no mention is made in the above-quoted section of the 20-day period referred to in the last paragraph of your letter, section 3 (e) of Public Resolution No. 96, approved August 27, 1940. specifies that any Reservist of the Army below the rank of captain who is ordered into active military service pursuant to the said resolution and who has any person or persons dependent solely upon him for support, etc., may resign or shall be discharged upon his own request made within 20 days of the date of his entry into active military service. The so-called enlistment allowance was provided as an element of compensation for Regular Army reservists ordered to active duty of indefinite duration during a national emergency, and undoubtedly it was contemplated that the Government would have the benefit of their service for a substantial period of active duty. Hence, if a reservist make application for discharge within the 20-day period under the terms specified in section 3 (e), supra, it would appear proper to consider that there has been no substantial compliance with the provision that he be "found qualified and accepted for active duty" which is a statutory condition to payment of the allowance involved. Accordingly, you are advised that where a member of the Regular Army Reserve is discharged, under the provisions of section 3 (e) of Public Resolution No. 96, upon his own application made within 20 days of the date of his entry into active military service, because he has some person or persons dependent solely upon him for support, he is not entitled to payment of the allowance in question. It is reasonably evident that section III of War Department Circular No. 42, dated March 15, 1941, was intended by the War Department to operate as a prohibition against payment of the additional allowance of $3 per month to any Regular Army reservist who, in accordance with the provisions of section 3 (e) of Public Resolution No. 96, approved August 27, 1940, 54 Stat. 860, requests his discharge within 20 days of the date of his entry into active military service on the basis that he has some person or persons dependent solely upon him for support. However, neither the said section III of War Department Circular No. 42, nor the decision of this office. (20 Comp. Gen. 898), purports to affect cases involving members of the Regular Army Reserve who are discharged under the provisions of section V (Dependency), Army Regulations No. 615-360, under applications made more than 20 days after entry on active duty. There is attached to the papers a certified copy of the application of Corporal Jacoby for discharge because of dependents, dated April 4, 1941, under the provisions of section V, Army Regulations 615-360, and the certificate of discharge shows he was discharged under the provisions of section V, Army Regulations No. 615-360. Paragraphs 40 and 42 (a) under the said section V provide as follows: Authority. When by reason of death or disability of a member of the family of an enlisted man, occurring after his enlistment, members of his family become dependent upon him for care or support, he may, in the discretion of the Secretary of War, be discharged from the service of the United States. Sec. 29, act June 4, 1920 (41 Stat. 775; U. S. C. 10; 652; sec. 230, M. L., 1929). Evidence required.-a. The following evidence is required: Affidavits showing (1) That the enlisted man's presence at home is necessary for the support or care of members of his family, and (2) That this condition has arisen due to death or disability occurring in soldier's family since his enlistment. The foregoing provisions are expressly made applicable to members of the Regular Army Reserve on active duty by paragraph 16 (b) of Army Regulations No. 155-5, which is as follows: When on active duty the discharge of a member of the Regular Army Reserve will be governed by the provisions of Army Regulations applicable to enlisted men of the Regular Army. It appears that since Corporal Jacoby was discharged on his application made more than 20 days after his acceptance for active duty— February 10, 1941-in accordance with section V of Army Regulations No. 615-360, the discharge must have been granted because of conditions of dependency not existing at the time he entered on active duty or within 20 days thereafter. Accordingly, you are advised that Corporal Jacoby is not required to refund the payment made to him in March, 1941, under the provisions of paragraph 31b (1), Army Regulations No. 155–5, merely because of his discharge on April 12, 1941, under the provisions of section V, Army Regulations No. 615-360. The enclosures received with your letter are returned herewith. (B-17687) CONTRACTS-COST-PLUS-TRAVELING EXPENSES-PRIOR TO A cost-plus-a-fixed-fee contractor may be reimbursed the traveling expenses of its employees which were not included in the fixed fee and which were incurred in connection with expediting performance of work under the contract prior to its formal execution but after verbal notification that the contract would be awarded. Comptroller General Warren to Maj. W. Gritz, U. S. Army, November 21, 1941: There has been received, by reference from the Under Secretary of War, your letter of September 30, 1941, requesting decision whether you are authorized to make payment on a voucher transmitted therewith in favor of the McQuay-Norris Manufacturing Company, in |