B-101865, JUN 16, 1952

B-101865: Jun 16, 1952

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JR.: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 22. THE RECORD SHOWS THAT YOU WERE APPOINTED SECOND LIEUTENANT. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT MCCHORD FIELD. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE THAT DATE. IT BEING STATED THEREIN THAT YOUR LAST PERMANENT DUTY STATION WAS HAMMER FIELD. THAT YOUR HOME OF RECORD WAS ASHEVILLE. THAT YOUR SEPARATION FROM THE SERVICE WAS UNDER CONDITIONS OTHER THAN HONORABLE. THE RECORD ALSO SHOWS THAT THE TYPE AND NATURE OF YOUR SEPARATION WERE REVIEWED BY THE AIR FORCE DISCHARGE REVIEW BOARD. SAID BOARD CONCLUDED THAT YOU WERE ENTITLED TO A CERTIFICATE OF SERVICE AND TO BE CONSIDERED AS HAVING BEEN SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS.

B-101865, JUN 16, 1952

PRECIS-UNAVAILABLE

MR. CARL W. GREENE, JR.:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 22, 1951, REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT OF DECEMBER 4, 1950, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FROM CAMP BEALE, CALIFORNIA, TO ASHEVILLE, NORTH CAROLINA, AND OF THE SETTLEMENT OF FEBRUARY 15, 1951, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM TACOMA, WASHINGTON, TO ASHEVILLE, NORTH CAROLINA, INCIDENT TO YOUR RESIGNATION AS SECOND LIEUTENANT, AIR CORPS, ARMY OF THE UNITED STATES.

THE RECORD SHOWS THAT YOU WERE APPOINTED SECOND LIEUTENANT, AIR CORPS, ARMY OF THE UNITED STATES, ON AUGUST 25, 1944; THAT BY PARAGRAPH 16, SPECIAL ORDERS NO. 283, DATED NOVEMBER 28, 1945, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT MCCHORD FIELD, WASHINGTON, AND DIRECTED TO PROCEED TO SEPARATION CENTER, CAMP BEALE, CALIFORNIA, FOR SEPARATION PROCESSING BY REASON OF RESIGNATION; THAT BY PARAGRAPH 13, CAMP BEALE SPECIAL ORDERS NO. 315, DATED DECEMBER 4, 1945, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE THAT DATE, IT BEING STATED THEREIN THAT YOUR LAST PERMANENT DUTY STATION WAS HAMMER FIELD, CALIFORNIA, AND THAT YOUR HOME OF RECORD WAS ASHEVILLE, NORTH CAROLINA, AND THAT YOUR SEPARATION FROM THE SERVICE WAS UNDER CONDITIONS OTHER THAN HONORABLE. THE RECORD ALSO SHOWS THAT THE TYPE AND NATURE OF YOUR SEPARATION WERE REVIEWED BY THE AIR FORCE DISCHARGE REVIEW BOARD; THAT ON JULY 14, 1949, SAID BOARD CONCLUDED THAT YOU WERE ENTITLED TO A CERTIFICATE OF SERVICE AND TO BE CONSIDERED AS HAVING BEEN SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS; THAT ON SEPTEMBER 15, 1949, THE SECRETARY OF THE AIR FORCE ADVISED YOU THAT YOUR RESIGNATION WAS ACCEPTED ON DECEMBER 4, 1945, UNDER HONORABLE CONDITIONS, AND THAT YOUR WIFE TRAVELED FROM TACOMA, WASHINGTON, TO ASHEVILLE, NORTH CAROLINA, DECEMBER 1 TO 5, 1945, CLAIM FOR WHICH WAS DISALLOWED BY SETTLEMENT OF FEBRUARY 15, 1951. YOU TRAVELED FROM CAMP BEALE, CALIFORNIA, TO ASHEVILLE, NORTH CAROLINA, DECEMBER 6 TO 11, 1945, AT PERSONAL EXPENSE. THE RECORD ALSO SHOWS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING 252 POUNDS, WERE MOVED FROM TACOMA, WASHINGTON, TO ASHEVILLE, NORTH CAROLINA, AT A COST TO THE GOVERNMENT OF $14.97, AND THAT THEY WERE HAULED FROM THE FREIGHT STATION TO YOUR RESIDENCE IN ASHEVILLE AT A COST OF $12. SETTLEMENT DATED DECEMBER 4, 1950, YOU WERE ALLOWED $212 REPRESENTING MUSTERING OUT PAY ($200), AND REIMBURSEMENT FOR CARTAGE OF HOUSEHOLD EFFECTS ($12), THE LATTER SUM BEING APPLIED IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $17.50 AS SHOWN IN REPORT OF SURVEY DATED AUGUST 23, 1946. YOUR CLAIM FOR MILEAGE FROM CAMP BEALE, CALIFORNIA, TO ASHEVILLE, NORTH CAROLINA, WAS DISALLOWED BY SAID SETTLEMENT, IT BEING STATED THEREIN THAT THE ORDERS OF DECEMBER 4, 1945, DID NOT PROVIDE FOR TRAVEL. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT IN VIEW OF YOUR ULTIMATE HONORABLE DISCHARGE YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE, PARTICULARLY SINCE YOUR HOUSEHOLD EFFECTS WERE SHIPPED AT GOVERNMENT EXPENSE UNDER THE SAME ORDERS, AND MUSTERING-OUT PAY NOW HAS BEEN ALLOWED.

THE ACTION OF THE AIR FORCE DISCHARGE REVIEW BOARD PURSUANT TO SECTION 301 OF THE SERVICEMEN'S READJUSTMENT ACT OF 1944, 58 STAT. 286, ENTITLED YOU TO THE SAME BENEFITS YOU WOULD HAVE RECEIVED HAD YOUR RESIGNATION BEEN ACCEPTED UNDER HONORABLE CONDITIONS. THE MUSTERING OUT PAYMENT ACT OF 1944, 58 STAT. 5, IN EFFECT WHEN YOUR RESIGNATION WAS ACCEPTED, PROVIDES FOR THE ALLOWANCE OF MUSTERING OUT PAY TO MEMBERS OF THE ARMED FORCES WHO ARE DISCHARGED OR "RELIEVED FROM ACTIVE SERVICE UNDER HONORABLE CONDITIONS" ON OR AFTER DECEMBER 7, 1941. HENCE, UPON ACCEPTANCE OF YOUR RESIGNATION UNDER HONORABLE CONDITIONS YOU BECAME ENTITLED TO SUCH PAY REGARDLESS OF THE ORDERS WHICH WERE ISSUED WHEN YOUR RESIGNATION WAS ACCEPTED.

WITH RESPECT TO YOUR TRAVEL, THERE NOW HAS BEEN RECEIVED FROM THE DEPARTMENT OF THE ARMY A COPY OF A LETTER DATED JANUARY 24, 1948, ADDRESSED TO YOU AT ASHEVILLE, NORTH CAROLINA, WHEREIN THE ADJUTANT GENERAL ADVISED YOU THAT YOUR RESIGNATION HAD BEEN ACCEPTED ON DECEMBER 4, 1945, THE EFFECTIVE DATE OF YOUR RELIEF FROM ACTIVE DUTY. SINCE IT APPEARS THAT THIS WAS THE FIRST FORMAL NOTICE OF ACCEPTANCE OF YOUR RESIGNATION BY COMPETENT AUTHORITY, AND THAT IT WAS RECEIVED AT YOUR HOME AFTER TRAVEL THERETO HAD BEEN COMPLETED, YOU ARE ENTITLED TO MILEAGE FROM CAMP BEALE, CALIFORNIA, TO ASHEVILLE, NORTH CAROLINA.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, 365, 366, IN EFFECT AT THE TIME HERE INVOLVED PROVIDED FOR THE TRANSPORTATION OF DEPENDENTS OF OFFICERS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION INCLUDING FOR RETIRED AND RESERVE PERSONNEL THE CHANGE FROM LAST STATION TO HOME IN CONNECTION WITH "RELIEF FROM ACTIVE DUTY." SINCE IT HAS BEEN HELD (26 COMP. GEN. 533), THAT SEPARATION FROM THE SERVICE UPON RESIGNATION MAY BE CONSIDERED AS RELIEF FROM ACTIVE DUTY WITHIN THE MEANING OF SAID SECTION, YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM TACOMA, WASHINGTON, TO ASHEVILLE, NORTH CAROLINA, NOT TO EXCEED THE COST FROM HAMMER FIELD, CALIFORNIA (LAST PERMANENT STATION) TO ASHEVILLE, NORTH CAROLINA (HOME OF RECORD).

AT THE TIME YOUR RESIGNATION WAS ACCEPTED THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MILITARY PERSONNEL WAS GOVERNED BY REGULATIONS PROMULGATED BY THE DEPARTMENT OF THE ARMY WHICH HAD THE FORCE OF LAW AND CONSTITUTED THE SOLE AUTHORITY FOR MOVEMENT OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. PARAGRAPH 15D, ARMY REGULATIONS 55-160, DATED APRIL 26, 1943, SPECIFICALLY PROVIDED THAT TRANSPORTATION OF HOUSEHOLD EFFECTS IS NOT AUTHORIZED UPON RESIGNATION. A SIMILAR PROVISION IS CONTAINED IN PARAGRAPH 144, ARMY REGULATIONS 55-160 UNDER AUTHORITY OF PARAGRAPH 14(H), EXECUTIVE ORDER NO. 10053, APRIL 20, 1949. HENCE, EVEN THOUGH YOUR RESIGNATION NOW IS REGARDED AS HAVING BEEN ACCEPTED UNDER HONORABLE CONDITIONS, THERE WAS NO AUTHORITY FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM TACOMA FIELD, WASHINGTON, TO ASHEVILLE, NORTH CAROLINA, AT PUBLIC EXPENSE, NOR FOR THE ALLOWANCE OF $12 AS THE COST OF HAULING SAME TO YOUR RESIDENCE IN ASHEVILLE. THEREFORE, THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS AS WELL AS THE SUM OF $17.50 REFERRED TO IN THE REPORT OF SURVEY WILL BE DEDUCTED FROM THE AMOUNT DUE FOR YOUR TRAVEL AND AS REIMBURSEMENT FOR TRANSPORTATION OF YOUR DEPENDENT.

A SUPPLEMENTARY SETTLEMENT FOR THE AMOUNT FOUND DUE ON THE BASIS INDICATED ABOVE WILL ISSUE IN DUE COURSE.