B-142398, MAY 6, 1960

B-142398, MAY 6, 1960

TO MR. RICHARD MARTIN, JR.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 10, 1960, WHICH DISALLOWED YOUR CLAIM FOR THE VALUE OF UNUSED TRANSPORTATION FROM NEW YORK, NEW YORK, TO BELFAST, IRELAND, INCIDENT TO YOUR DISCHARGE FROM THE ARMY ON FEBRUARY 28, 1953.

SPECIAL ORDERS NO. 49, HEADQUARTERS CAMP ATTERBURY, AS AMENDED FEBRUARY 27, 1953, AUTHORIZED YOUR DISCHARGE FROM THE ARMY IN THE UNITED STATES ON FEBRUARY 28, 1953, AND PAYMENT OF MILEAGE FROM CAMP ATTERBURY, INDIANA, TO NEW YORK PORT OF EMBARKATION. THE ORDERS ALSO AUTHORIZED GOVERNMENT SPACE AVAILABLE TRANSPORTATION FROM NEW YORK TO BELFAST, IRELAND, YOUR HOME OF RECORD AT TIME OF ENLISTMENT AT MARBURY, GERMANY. YOU STATE THAT YOU WERE INFORMED THAT THE ONLY AVAILABLE TRANSPORTATION TO BELFAST, IRELAND, WAS VIA EITHER GERMANY OR FRANCE, AND THAT FROM THERE YOU WOULD HAVE TO TAKE A CHANCE ON TRANSPORTATION TO BELFAST, IRELAND, BEING AVAILABLE. YOU ALSO STATE THAT YOU BELIEVE THE SITUATION SHOULD HAVE BEEN BETTER PROVIDED FOR AT TIME OF DISCHARGE.

THE BASIC RESPONSIBILITY OF THE SERVICE CONCERNED WITH RESPECT TO AN ENLISTED MEMBER WHOSE OBLIGATED TERM OF ACTIVE SERVICE IS ABOUT TO TERMINATE IS TO RETURN SUCH MEMBER TO HIS HOME OR PLACE OF ENLISTMENT. THE TIME HERE INVOLVED, PARAGRAPHS 4B (1) AND 5, ARMY SPECIAL REGULATIONS, 55-120-15, PROVIDED THAT ENLISTED MEMBERS WHO WERE STATIONED IN THE CONTINENTAL UNITED STATES AND WHO HAD ENTERED MILITARY SERVICE IN A FOREIGN COUNTRY WOULD BE RETURNED TO THE FOREIGN COUNTRY FOR DISCHARGE UNLESS THE MEMBER ELECTED TO BE DISCHARGED IN THE UNITED STATES, IN WHICH CASE IT WOULD BE CONSIDERED THAT THE GOVERNMENT HAD DISCHARGED ITS OBLIGATION TO FURNISH TRANSPORTATION FROM THE UNITED STATES TO THE FOREIGN COUNTRY AND THAT IT WOULD NOT AT A LATER DATE FURNISH SUCH TRANSPORTATION. CASE 9, PARAGRAPH 4153, CHANGE 2, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER OF THE UNIFORMED SERVICE IS SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS, HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD OR TO THE PLACE OF ENLISTMENT, AS HE MAY ELECT. CASE 7, SAME PARAGRAPH, PROVIDES THAT MILEAGE IS PAYABLE UPON SEPARATION FROM THE SERVICE UNDER CONDITIONS PERMITTING SUCH PAYMENT, WHETHER OR NOT SUCH TRAVEL IS ACTUALLY PERFORMED. PARAGRAPH 4154-4 PROVIDES THAT UPON RELEASE FROM ACTIVE DUTY IN THE UNITED STATES AND ELECTION OF A PLACE OUTSIDE THE UNITED STATES IN ACCORDANCE WITH REGULATIONS, MILEAGE WILL BE PAID FOR THE DISTANCE FROM THE PLACE OF SEPARATION TO THE PORT OF EMBARKATION ,FROM WHICH WATER OR AIR TRANSPORTATION WILL BE FURNISHED INCIDENT TO TRAVEL OVERSEAS," BUT THAT WHEN TRAVEL TO THE PLACE OUTSIDE THE UNITED STATES IS NOT TO BE PERFORMED, THE DISTANCE IS TO BE COMPUTED "FROM THE PLACE OF SEPARATION TO THE NEAREST PORT OF EMBARKATION THERETO.' WITH RESPECT TO TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, THE FOREGOING REGULATIONS PROVIDE FOR THE FURNISHING OF TRANSPORTATION IN KIND ONLY. ALTHOUGH, UNDER THE CONDITIONS OF YOUR DISCHARGE, YOU WERE NOT ENTITLED TO TRANSPORTATION TO BELFAST, IRELAND UNDER SUCH REGULATIONS, YOUR ORDERS AUTHORIZED GOVERNMENT SPACE AVAILABLE TRANSPORTATION AND THE DEPARTMENT OF THE ARMY STATES THAT SUCH TRANSPORTATION WOULD HAVE BEEN AVAILABLE, IF TIMELY REQUEST HAD BEEN MADE.