B-142398, JUN. 1, 1960

B-142398, JUN. 1, 1960

TO MR. RICHARD MARTIN, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 9, 1960, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED MAY 6, 1960, B-142398. THAT DECISION WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR THE VALUE OF UNUSED TRANSPORTATION FROM NEW YORK, NEW YORK, TO BELFAST, NORTHERN IRELAND, INCIDENT TO YOUR DISCHARGE FROM THE ARMY ON FEBRUARY 28, 1953.

TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). IN OUR DECISION OF MAY 6, 1960, TO YOU, WE EXPLAINED THAT UNDER THE APPLICABLE REGULATIONS IN FORCE AT THE TIME OF YOUR DISCHARGE, YOU WERE ENTITLED TO A TRAVEL ALLOWANCE ON A MILEAGE BASIS FROM CAMP ATTERBURY, INDIANA, YOUR PLACE OF DISCHARGE, TO NEW YORK, NEW YORK, THE PORT OF EMBARKATION FOR ANY SUBSEQUENT TRAVEL OVERSEAS. WITH RESPECT TO TRAVEL BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, THE REGULATIONS PROVIDED FOR THE FURNISHING OF TRANSPORTATION IN KIND ONLY, AND IT IS REPORTED THAT GOVERNMENT TRANSPORTATION WOULD HAVE BEEN AVAILABLE IF REQUESTED DURING THE YEAR SUBSEQUENT TO YOUR DISCHARGE, IN ACCORD WITH YOUR DISCHARGE ORDERS, AUTHORIZING GOVERNMENT SPACE-AVAILABLE TRANSPORTATION FROM THE NEW YORK PORT OF EMBARKATION TO BELFAST, NORTHERN IRELAND.

AS AN HONORABLY DISCHARGED ENLISTED MAN YOU WERE ENTITLED, UNDER THE REGULATIONS THEN IN EFFECT, TO TRANSPORTATION IN KIND TO BELFAST, NORTHERN IRELAND. TRANSPORTATION IN KIND IS FURNISHED ON A SPACE REQUIRED BASIS OR SPACE AVAILABLE BASIS. REGARDLESS OF YOUR RIGHT TO THE OCEAN TRAVEL AT THE TIME OF YOUR DISCHARGE, THE GOVERNMENT'S OBLIGATION WAS LIMITED TO PROVIDING TRANSPORTATION IN KIND.

THE PERTINENT REGULATIONS AUTHORIZED THE FURNISHING OF A SERVICE, WHICH IN YOUR CASE, WAS ON A GOVERNMENT SPACE-AVAILABLE BASIS, BUT MADE NO PROVISION FOR THE PAYMENT OF THE COMMUTED VALUE THEREOF TO AN INDIVIDUAL WHO FAILED TO AVAIL HIMSELF OF SUCH A SERVICE, EVEN THOUGH HIS DISCHARGE WAS HONORABLE. IT IS NOTED ON YOUR REPORT OF SEPARATION (DD 214), THAT YOUR PERMANENT ADDRESS FOR MAILING PURPOSES AFTER SEPARATION WAS TO BE 9325 PINEHURST (WAYNE), DETROIT, MICHIGAN, NOTWITHSTANDING THAT BELFAST, NORTHERN IRELAND, WAS LISTED AS YOUR HOME ADDRESS AT TIME OF ENTRY INTO ACTIVE SERVICE, AND YOU HAVE ALSO INDICATED THAT YOU ENROLLED IN SCHOOL IN THE UNITED STATES AT THE TIME OF YOUR DISCHARGE. HOWEVER, IRRESPECTIVE OF YOUR REASONS FOR NOT AVAILING YOURSELF OF THE TRANSPORTATION IN KIND AUTHORIZED INCIDENT TO YOUR DISCHARGE IN 1953, THERE IS NO AUTHORITY OF LAW FOR THE PAYMENT OF YOUR CLAIM FOR THE VALUE OF SUCH UNUSED TRANSPORTATION.

ACCORDINGLY, OUR DECISION OF MAY 6, 1960, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM, IS AFFIRMED.