
    JAMES V. CORKERY v. THE UNITED STATES
    [No. C-1140.
    Decided May 28, 1928]
    
      On the Proofs
    
    
      Army pay; mileage upon honorable discharge; bona fide residence.— Plaintiff having, at the time of his honorable discharge from the Army at Coblenz, Germany, June 12, 1920, elected to receive mileage from the place of discharge to his bona fide residence, he is entitled to the same under the act of February 28, 1919.
    
      The Reporter's statement of the case:
    
      Mr. George A. King for the plaintiff. Mr. Oornelius H. Bull and King c& King were on the brief.
    
      Mr. Frank J. Keating, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant.
    The court made special findings of fact, as follows:
    I. The plaintiff, James Y. Corkery, enlisted as a private in the United States Army at Klamath Falls, Oregon, on May 18, 1917, and was discharged as sergeant, first class, Medical Department, on June 9, 1919, at Coblenz, Germany. Plaintiff reenlisted for one year on June 10,1919, at Coblenz, Germany, and was honorably discharged by reason of expiration of term of service at Coblenz, Germany, on June 12, 1920.
    II. A few days after his discharge on June 12,1920, plaintiff accepted employment as a civilian clerk in the medical supply depot of the United States Army at Coblenz, Germany, and continued in such employment until October 7, 1920, when he reenlisted for three years as sergeant, first class.
    III. At the date of plaintiff’s first entry into the military service, May 18,1917, his bona fide home was Klamath Falls, Oregon. That was also the home of his mother. Plaintiff acquired no residence elsewhere prior to June 12, 1920. His mother died previous to that time.
    June 12, 1920, plaintiff had a sister living at Twin Falls, Idaho, and on being honorably discharged on that date gave Twin Falls, Idaho, as his residence “ for future reference,” and elected on June 12, 1920, to receive mileage from the place of discharge to Klamath Falls, Oregon, his bona fide place of residence.
    IY. The distance from Coblenz, Germany, to Klamath. Falls, Oregon, is 3,660 miles.
    The court decided that plaintiff was entitled to recover $175.00.
   Gbaham, Judge,

delivered the opinion of court:

The plaintiff, an enlisted man in the Army, brings this action to recover mileage upon his honorable discharge from the service on June 12, 1920, from his place of discharge, Coblenz, Germany, to his bona fide residence at Klamatli Falls, Oregon.

The applicable statute is the act of February 28, 1919, 40 Stat. 1203, which provides as follows:

“ That an enlisted man honorably discharged from the Army, Navy, or Marine Corps since November eleventh, nineteen hundred and eighteen, or who may hereafter be honorably discharged, shall receive five cents per mile from the place of his discharge to his actual bona fide home or residence, or original muster into the service, at his option.”

The plaintiff was originally enlisted in the military service on May 18, 1917, and was discharged as a sergeant of the first class, Medical Department, on June 9, 1919, at Coblenz, Germany. He reenlisted on June 10, 1919, at Coblenz, and was honorably discharged by reason of the expiration of his term of service, at Coblenz, Germany, on June 12, 1920. He thereafter accepted employment as a civilian clerk in the medical supply depot at Coblenz, and continued in such employment until October 7, 1920, when he reeníisted as sergeant, first class.

' On his entry into the military service on May 18, 1917, he gave his bona fide home as Klamath Falls, Oregon, which, was also the home of his mother, and the court has found that Klamath Falls was his bona fide residence on June 12, 1920, the date of his second honorable discharge.

It follows that under the provisions of the statute he is entitled to recover the amount claimed in his petition, for mileage from Coblenz, Germany, to Klamath Falls, Oregon. Let judgment be entered for that amount.

Green, Judge; Moss, Judgé; and Booth, Ghief Justice, concur.  