B-130271, APR. 19, 1957
Highlights
THOMAS: REFERENCE IS MADE TO YOUR LETTER OF MARCH 7. THE QUESTION OF YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL HERE INVOLVED WAS CAREFULLY CONSIDERED ON YOUR REQUEST OF SEPTEMBER 20. YOU WERE FULLY INFORMED IN OUR DECISION TO YOU DATED MARCH 4. WHICH WAS TO RETURN TO THE UNITED STATES IN THE COMPANY OF YOUR WIFE. WHICH WAS SIGNED BY YOU. WHILE IT MAY HAVE BEEN YOUR UNDERSTANDING THAT YOU WOULD BE PERMITTED TO TRAVEL TO THE UNITED STATES IN THE COMPANY OF YOUR WIFE. IT IS. STATED IN THE APPLICATION THAT "I HEREBY STATE THAT I HAVE BEEN OFFERED GOVERNMENT TRANSPORTATION TO THE UNITED STATES AND DECLINE SAME WITH THE UNDERSTANDING THAT SUCH GOVERNMENT TRANSPORTATION WILL NOT BE FURNISHED AT A LATER DATE.'.
B-130271, APR. 19, 1957
TO MR. RICHARD H. THOMAS:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1957, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL FROM PORT OF EMBARKATION IN FRANCE TO NEW YORK, NEW YORK, FOLLOWING YOUR DISCHARGE ON MARCH 28, 1946, AS AN ENLISTED MAN, ARMY OF THE UNITED STATES.
THE QUESTION OF YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL HERE INVOLVED WAS CAREFULLY CONSIDERED ON YOUR REQUEST OF SEPTEMBER 20, 1956, AND YOU WERE FULLY INFORMED IN OUR DECISION TO YOU DATED MARCH 4, 1957, B-130271, OF THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM.
IN YOUR PRESENT LETTER YOU SAY THAT YOU SIGNED THE WAIVER IN QUESTION FOR ONLY ONE PURPOSE, WHICH WAS TO RETURN TO THE UNITED STATES IN THE COMPANY OF YOUR WIFE. THE APPLICATION FOR SEPARATION FROM THE ARMED FORCES IN THE EUROPEAN THEATER OF OPERATIONS, DATED JANUARY 31, 1956, WHICH WAS SIGNED BY YOU, STATES THAT "I DESIRE TO REMAIN OVERSEAS AS A CIVILIAN TO FACILITATE RETURN OF MY WIFE AND MYSELF TO THE UNITED STATES.' WHILE IT MAY HAVE BEEN YOUR UNDERSTANDING THAT YOU WOULD BE PERMITTED TO TRAVEL TO THE UNITED STATES IN THE COMPANY OF YOUR WIFE, THE APPLICATION AND WAIVER SIGNED BY YOU CONTAINS NO STATEMENT TO THAT EFFECT. IT IS, HOWEVER, STATED IN THE APPLICATION THAT "I HEREBY STATE THAT I HAVE BEEN OFFERED GOVERNMENT TRANSPORTATION TO THE UNITED STATES AND DECLINE SAME WITH THE UNDERSTANDING THAT SUCH GOVERNMENT TRANSPORTATION WILL NOT BE FURNISHED AT A LATER DATE.' THUS, THE WAIVER WAS SUPPORTED BY PROPER CONSIDERATION AND MUST BE CONSIDERED AS VALID.
IN ANY EVENT, THE APPLICABLE REGULATIONS THEN IN EFFECT (PARAGRAPH 38 (B) (1), ARMY REGULATIONS 35-4810) PROVIDED THAT "FOR SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE AND PLACE OF ACCEPTANCE FOR ENROLLMENT, ENLISTMENT, OR MUSTER INTO THE SERVICE, ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED.' SUCH REGULATIONS MADE NO PROVISION FOR REIMBURSING A MEMBER FOR EXPENSES INCURRED FOR SEA TRAVEL IN RETURNING TO THE UNITED STATES FOLLOWING HIS DISCHARGE.