B-109282, OCT 30, 1952

B-109282: Oct 30, 1952

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GOULET: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 1. THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 6. YOU WERE GRANTED 30 DAYS REENLISTMENT LEAVE AS AUTHORIZED IN ARMY REGULATIONS 600-115. SUCH ORDERS STATED THAT "AIRMAN IS NOT ENTITLED TO 1V TRAVEL ALLOWANCE.". WHO IS GRANTED REENLISTMENT LEAVE FOLLOWING ENLISTMENT OR REENLISTMENT IN THE REGULAR MILITARY ESTABLISHMENT. " AND THENCE TO THE PLACE HE IS DIRECTED TO REPORT FOR DUTY AT THE TERMINATION OF THE FURLOUGH OR LEAVE. NO ALLOWANCE WAS PAYABLE THEREUNDER IF AN ALLOWANCE AT LEAST AS GREAT HAD BEEN PAID AT THE TIME OF DISCHARGE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT AND ANY TRAVEL ALLOWANCE SO RECEIVED ON DISCHARGE WAS REQUIRED TO BE DEDUCTED FROM ANY FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE ON REENLISTMENT.

B-109282, OCT 30, 1952

PRECIS-UNAVAILABLE

RAYMOND J. GOULET:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 1, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 12, 1951, WHICH DISALLOWED YOUR CLAIM FOR REENLISTMENT FURLOUGH TRAVEL ALLOWANCE FROM FORT SLOCUM, NEW YORK, TO THE HOME OF YOUR BROTHER AT BREMERTON, WASHINGTON, AND RETURN, FOLLOWING YOUR ENLISTMENT IN THE REGULAR AIR FORCE ON MAY 3, 1949.

THE RECORD SHOWS THAT YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 6, 1949, AND THAT YOU REENLISTED ON MAY 3, 1949. BY PARAGRAPH 2, ORDERS NO. 86, ISSUED AT FORT SLOCUM, UNDER DATE OF MAY 31, 1949, YOU WERE GRANTED 30 DAYS REENLISTMENT LEAVE AS AUTHORIZED IN ARMY REGULATIONS 600-115, BUT SUCH ORDERS STATED THAT "AIRMAN IS NOT ENTITLED TO 1V TRAVEL ALLOWANCE." YOU STATE THAT YOU SPENT THE PERIOD OF YOUR FURLOUGH AT THE HOME OF YOUR BROTHER AT BREMERTON, WASHINGTON.

SECTION 6 OF THE ACT OF OCTOBER 6, 1945, 59 STAT. 539, AUTHORIZED THE PAYMENT OF A TRAVEL ALLOWANCE TO EVERY PERSON WHO HAS BEEN DISCHARGED FROM THE MILITARY FORCES AFTER JUNE 1, 1945, AND WHO IS GRANTED REENLISTMENT LEAVE FOLLOWING ENLISTMENT OR REENLISTMENT IN THE REGULAR MILITARY ESTABLISHMENT, AT THE RATE OF 5[ PER MILE, FROM STATION TO HOME "OR SUCH OTHER PLACE AS, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARY OF THE DEPARTMENT CONCERNED, HE MAY SELECT," AND THENCE TO THE PLACE HE IS DIRECTED TO REPORT FOR DUTY AT THE TERMINATION OF THE FURLOUGH OR LEAVE. HOWEVER, NO ALLOWANCE WAS PAYABLE THEREUNDER IF AN ALLOWANCE AT LEAST AS GREAT HAD BEEN PAID AT THE TIME OF DISCHARGE UNDER SECTION 126 OF THE NATIONAL DEFENSE ACT AND ANY TRAVEL ALLOWANCE SO RECEIVED ON DISCHARGE WAS REQUIRED TO BE DEDUCTED FROM ANY FURLOUGH TRAVEL ALLOWANCE OTHERWISE PAYABLE ON REENLISTMENT. PARAGRAPH 57A (2), AIR FORCE REGULATION 173-5, PROVIDED FOR PAYMENT OF THE ALLOWANCE TO A PLACE OTHER THAN THE HOME, ONLY IN THE EVENT THAT SUCH PLACE WAS SELECTED BY THE ENLISTED MAN CONCERNED AND HE "FURNISHES TO HIS COMMANDING OFFICER SATISFACTORY EVIDENCE THAT ONE OR MORE OF THE PERSONS IN THE CATEGORIES LISTED ABOVE, DO IN FACT THEN RESIDE AT THE PLACE SELECTED." A BROTHER IS ONE OF THE PERSONS LISTED IN SUCH CATEGORIES.

UNDER THE FOREGOING PROVISIONS OF LAW AND REGULATIONS YOU WERE NOT ENTITLED TO REENLISTMENT FURLOUGH TRAVEL ALLOWANCE FROM FORT SLOCUM TO BREMERTON, AND RETURN, UNLESS YOU SELECTED THE LATTER CITY AS THE PLACE TO WHICH YOU DESIRED TO BE PAID TRAVEL ALLOWANCE AND ALSO, ESTABLISHED TO THE SATISFACTION OF YOUR COMMANDING OFFICER THAT YOUR BROTHER RESIDED IN BREMERTON AT THAT TIME. YOU STATE THAT YOU DID NOT DESIGNATE A PLACE OF LEAVE AT THE TIME OF YOUR ENLISTMENT AND IT SEEMS CLEAR THAT SUCH SELECTION WAS NOT MADE OR SUCH EVIDENCE FURNISHED AT A LATER DATE, SINCE THE ORDERS OF MAY 31, 1949, SPECIFICALLY STATED THAT YOU WERE NOT ENTITLED TO LEAVE TRAVEL ALLOWANCE. IN THE ABSENCE OF SUCH SELECTION, YOU WERE ENTITLED TO REENLISTMENT TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM FORT SLOCUM TO YOUR HOME AT TAUNTON, MASSACHUSETTS, AND RETURN, BUT SINCE THE TRAVEL ALLOWANCE OF $162.75 SHOWN TO HAVE BEEN PAID TO YOU AT THE TIME OF YOUR DISCHARGE ON FEBRUARY 6, 1949, IS IN EXCESS OF SUCH REENLISTMENT TRAVEL ALLOWANCE, NO FURTHER SUM IS DUE YOU ON THAT BASIS. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF SEPTEMBER 12, 1951, IS SUSTAINED.