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section by changing the period at the end thereof to a comma and adding "and to pay to him $201.89, the amount otherwise due him for refund of taxes illegally collected which was applied to reduce the above indebtedness, and the amount necessary is reappropriated from the appropriation to which the collection was credited." Section 17 provides:

That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Robert O'Hagan, Supply Corps, United States Navy, in the amount of $554.72, which sum represents payments made by said officer to a number of enlisted men for quarters and subsistence while attached to the United States ship Scorpion and serving on shore at Constantinople, Turkey.

It is understood that this section covers two items, $186.89 and $357.83, which were disallowed in the disbursing accounts of Lieutenant O'Hagan. The item of $186.89 represents the amount of overpayment to Edwin G. Lane, chief boatswain's mate, United States Navy, for pay under General Order 34, and continuous-service pay for the periods March 29, 1920, to August 10, 1921, and from October 1, 1921, to January 2, 1922. Due to erroneous information in the accounts of the disbursing officers carrying Lane's accounts for these periods, credit was allowed in their disbursing accounts. Upon the discovery of the erroneous credit this office by letter of January 20, 1920, requested the supply officer of the U. S. S. Isabel to check the amount of the overpayment, $186.89, against Lane's account, which was done. The amount was recredited by Lieutenant O'Hagan under orders of the Secretary of the Navy, dated October 4, 1923.

The item of $357.83 represents the difference between a per diem allowance in lieu of quarters and subsistence and the cost incurred for furnishing quarters and subsistence in kind for the period from November 1, 1921, to August 31, 1922, credited and paid to Dewey W. Huss, yeoman, first class, United States Navy, during the quarter ending September 30, 1922.

Certain enlisted men attached to the U. S. S. Scorpion and serving on shore at Constantinople, Turkey, were furnished quarters and subsistence in kind from November 1, 1921, to August 31, 1922. Under date of July 29, 1922, the Bureau of Navigation authorized retroactively the payment to these men of a per diem allowance in lieu of quarters and subsistence in kind. Ensign F. D. Humphrey (S. C.), United States Navy, under this authorization credited and paid to Dewey W. Huss, yeoman, first class, United States Navy, one of the men so serving, during the quarter ending September 30, 1922, the difference between the per diem allowance and the cost of the quarters and subsistence furnished him from November 1, 1921, to August 31, 1922, amounting to $357.83. It having been held by this office that these men having been furnished quarters and subsistence in kind during the period in question there was no authority of law for paying them a per diem allowance, the difference so paid to Huss was checked against his account during the quarter ending September 30, 1923. The amount so checked was recredited by Lieutenant O'Hagan under orders of the Secretary of the Navy dated October 6, 1923.

As the sum of the two items, $186.89 and $357.83, is $544.72 and not $554.72, as stated in the bill, it is suggested that the correct amount be inserted.

Section 19 provides:

That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain George S. Seibels, Supply Corps, United States Navy, in the amount of $2,778.01, which sum represents payments made to Aviation Chief Machinist's Mate Willie Perry Conway, Fleet Naval Reserve, for retainer pay during the period from October 1, 1922, to June 30, 1926, disallowed by the Comptroller General in Statement of Differences M-23367-N, dated August 4,

1927.

. The item covered by this section represents the amount of retainer pay paid to Aviation Chief Machinist's Mate Willie Perry Conway, Fleet Naval Reserve, for the period from October 1, 1922, to June 30, 1926. The records as furnished this office show that Conway first enlisted in the Navy April 8, 1909; honorably discharged April 24, 1913; reenlisted August 21, 1913; honorably discharged August 8, 1917; reenlisted August 9, 1917; honorably discharged September 9, 1919; reenlisted September 17, 1919; honorably discharged on medical survey June 10, 1921; reenlisted for 4 years July 28, 1921. The record further shows that the Secretary of the Navy directed that the discharge of June 10, 1921, and the reenlistment of July 28, 1921, be canceled, and that Conway be considered as continuously serving under the enlistment of September 17, 1919; that on May 22, 1922, Conway entered into an agreement to extend the enlistment of September 17, 1919, for two years from the date of its expiration September 16, 1923, and that on July 10, 1922, he was transferred to the Fleet Naval Reserve, class 1-C, and placed on inactive duty. This transfer was made under the following provision of the act of July 1, 1922, 42, Stat. 799, which modified temporarily the act of August. 29, 1916, 39 Stat. 589;

That enlisted men of the Navy who would be eligible under existing law for transfer to the Fleet Naval Reserve after sixteen years' service at the expiration of the current enlistment in which serving, or who have completed sixteen years' service, may be transferred to the Fleet Naval Reserve at any time after the passage of this act in the discretion of the Secretary of the Navy, and shall, upon such transfer, receive the same pay and allowances as now authorized by law for men transferred to the Fleet Naval Reserve at the expiration of enlistment after sixteen years' service: * * *

Conway's enlistment of September 17, 1919, had it been served to July 1, 1922, with the extension of two years entered into May 22, 1922, would have brought him within the terms of this act.

It is a well-recognized rule of law that an executed discharge legally authorized and issued by competent authority, can not be revoked. (4 Op. Atty. Gen. 274; 13 id. 16; Mimmack v. United States, 97 U. S. 426; United States v. Corson, 114 id. 619.) Applying this principle to the facts of this case, it was held by this office that Conway having been regularly and legally discharged on June 10, 1921, and reenlisted on July 28, 1921, the cancellation or revocation of such discharge and reenlistment were ineffective; that his "current enlistment" on the date of approval of the act of July 1, 1922, was the one entered into on July 28, 1921; that with full credit for all time from date of each prior enlistment to date of discharge therefrom he would not have had 16 years' service at the expiration of this "current enlistment"; and that therefore his transfer to the Fleet Naval Reserve on July 10, 1922, being unauthorized by law, he was not entitled to retainer pay. (24 MS. Comp. Gen. 959, August 31, 1923; 39 id. 681, November 24, 1924; 4 Comp. Gen. 773, March 17, 1925; 48

MS. Comp. Gen. 574, August 19, 1925; and 5 Comp. Gen. 822, April 15, 1926.)

The payments of the retainer pay in question were made by Captain Seibels under the order of the Secretary of the Navy dated April 1,

1925.

As payments of retainer pay are still being made to Conway, the provisions of section 19 do not fully cover the case. If it is intended to authorize the allowance of such payments made to Conway for periods subsequent to June 30, 1926, as well as those for periods prior thereto, it would seem that the proper way to accomplish this purpose would be to validate Conway's transfer to the Fleet Naval Reserve, thus removing the cause of the disallowance. To this end it is suggested that section 19 be amended to read as follows:

That the transfer of Aviation Chief Machinist's Mate Willie Perry Conway, United States Navy, to the Fleet Naval Reserve, on July 10, 1922, be and is hereby validated.

Sincerely yours,

J. R. MCCARL,

Comptroller General of the United States.

A BILL Providing for sundry matters affecting the naval service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Commander Robert B. Huff, Supply Corps, United States Navy, in the amount of $517.55, which amount represents a charge in the accounts of one Isaac Fassett, steerage steward, United States Navy, which was raised by decision of the Comptroller General, Department Memorandum Numbered 220, dated February 1, 1923, and which was credited in the accounts of Fassett by Lieutenant Commander Huff, Supply Corps, while he was disbursing officer at the Naval Home, Philadelphia, subsequent to the receipt of request for checkage by the Comptroller General.

SEC. 2. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant George M. Snead, Supply Corps, United States Navy, in the amount of $111.72, which amount represents a charge in the accounts of one Harvey J. Boyd, formerly baker, first class, United States Navy, which was raised by decision of the Comptroller General to the effect that Boyd was entitled to credit as for "service" during a period of furlough without pay, and which was credited in the accounts of Boyd by Lieutenant Snead, Supply Corps, while he was carrying Boyd's accounts subsequent to the receipt of request for checkage by the Comptroller General.

SEC. 3. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant John M. Holmes, Supply Corps, United States Navy, in the amount of $896.48, which amount represents payments made by the said Lieutenant Holmes, Supply Corps, to two men employed at the Navy supply depot as inspectors of tea purchased by the Navy Department under contract, such employment being at the instance of the Bureau of Supplies and Accounts and in accordance with awards which were based upon approved requisition.

SEC. 4. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain Arthur Saint Clair Smith, United States Navy, in the amount of $96.17, which amount represents alleged loss sustained by said officer on account of fluctuation of exchange while serving as naval attaché at Peking, China, and which has been disallowed in his accounts by the General Accounting Office.

SEC. 5. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Edward F. Ney, Supply Corps, United States Navy, in the amount of $23.22, which amount represents a payment of travel allowance made by Lieutenant Ney, Supply Corps, while disbursing officer

of the receiving ship at Boston, Massachusetts, to one C. P. Brooks, ex-seaman, second class, United States Navy, at the time of his discharge on April 28, 1922, which payment was made pursuant to the instructions of the Navy Department. SEC. 6. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain Frederick G. Pyne, Supply Corps, United States Navy, in the amount of $1,000, which sum was paid by said Captain Pyne, Supply Corps, to one Henry Moakley for special services rendered to the Navy Department by said Maokley in connection with an arbitration between the United States and the E. W. Bliss Company, of Brooklyn, New York, but which payment was subsequently disallowed in his accounts by the General Accounting Office.

SEC. 7. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Commander Thomas Cochran, Supply Corps, United States Navy, in the amount of $200, which amount represents payments to M. W. Doolan Company for services performed in connection with inspection of canned fruits and vegetables under accepted proposal dated April 20, 1926.

SEC. 8. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain William L. F. Simonpietri, Supply Corps, United States Navy, in the amount of $200, which amount represents payments to M. W. Doolan Company for personal services as food inspectors under proposal and acceptance dated May 12, 1926.

SEC. 9. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain P. J. Willett, Supply Corps, United States Navy, in the amount of $250, which amount represents payments made by Lieutenant Commander Willett, Supply Corps, during the period from March 16, 1914, to August 8, 1914, at the naval station, Hawaii, on account of a laborer who was fraudulently carried on the yard rolls during said period which payment was subsequently disallowed by the Comptroller General.

SEC. 10. That the General Accounting Office is hereby authorized and directed to allow credit in the accounts of Lieutenant Leslie R. Corbin, Supply Corps, United States Navy, in the amount of $110.69, which sum represents amounts overpaid Russell Frank Bridges, seaman first class, United States Navy, deceased, while absent from duty due to misconduct for the period January 2 to June 10, 1926, inclusive, and remaining unchecked against his account at the time of his death.

SEC. 11. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant James E. Brennan, Supply Corps, United States Navy, in the amounts of $658.55 and $576.67, which amounts represent payments made by said officer to Otto Burley Taylor, chief gunner's mate, United States Navy, and to Archie Biggs, baker, first class, United States Navy, respectively, in accordance with directions of the Secretary of the Navy.

SEC. 12. That the General Accounting Office is hereby authorized and directed to credit the accounts of Daniel A. Neumann, formerly a lieutenant in the Supply Corps of the Naval Reserve Force, in the amount of $894, which sum represents payments made by said officer to Lieutenant Harry S. Lyons, United States Naval Reserve Force, on forged pay receipts.

SEC. 13. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain Walter B. Izard, Supply Corps, United States Navy, retired, in the amount of $455.22, which sum represents payments made by said officer to H. Hanakahi, carpenter's mate, United States Navy, during the period from July 1, 1923, to March 15, 1924, on forged pay receipts.

SEC. 14. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Thomas C. Edrington, Supply Corps, United States Navy, in the amount of $7,388.78, which sum represents a payment made by said officer to the F. W. Mark Construction Company (Incorporated), under department contract Numbered 2005 (Yards and Docks, 3269), dated September 30, 1918, as amended by letter change issued by the Bureau of Yards and Docks, under date of December 21, 1921, authorizing an increase in the contract price on account of "the elimination of work in excess of eight hours a day after the date of the armistice, November 11, 1918."

SEC. 15. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Henry Guilmette, Supply Corps, United States Navy, in the amount of $49.80, which sum represents a payment made by said officer to Joseph Daniel Morrison, machinist's mate, first class, United States Navy, as a travel allowance upon transfer to the Fleet Naval Reserve Class F-4-C, after sixteen years' service.

SEC. 16. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Francis D. Humphrey, Supply Corps, United States Navy, in the amount of $3,754.82, which sum represents payments made by said officer to a number of enlisted men for quarters and subsistence while attached to the United States ship Scorpion and serving on shore at Constantinople, Turkey.

SEC. 17. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Robert O'Hagan, Supply Corps, United States Navy, in the amount of $554.72, which sum represents payments made by said officer to a number of enlisted men for quarters and subsistence while attached to the United States ship Scorpion and serving on shore at Constantinople, Turkey.

SEC. 18. That the General Accounting Office is hereby authorized and directed to credit the accounts of Lieutenant Edward Mixon, Supply Corps, United States Navy, in the amount of $387.73, which sum represents overpayments to civilian laborers at the helium production plant, Fort Worth, Texas, during the first quarter, 1924, disallowed by the Comptroller General in the final settlement of the accounts of said officer.

SEC. 19. That the General Accounting Office is hereby authorized and directed to credit the accounts of Captain George S. Seibels, Supply Corps, United States Navy, in the amount of $2,778.01, which sum represents payments made to Aviation Chief Machinist's Mate Willie Perry Conway, Fleet Naval Reserve, for retainer pay during the period from October 1, 1922, to June 30, 1926, disallowed by the Comptroller General in Statement of Differences M-23367-N, dated August 4, 1927.

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