B-109572, MAY 22, 1952

B-109572: May 22, 1952

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ANDREW WALLACE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 10. WHICH CLAIM WAS ALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 22. YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD. THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. THE RECORD SHOWS THAT NEW BRUNSWICK WAS YOUR HOME OF RECORD AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY. OFFICERS ARE ENTITLED TO MILEAGE UPON RELEASE FROM ACTIVE DUTY "FROM LAST STATION TO HOME.". IT IS WELL ESTABLISHED THAT THE "HOME" TO WHICH REFERENCE IS MADE IN THE FOREGOING AND OTHER SIMILAR PROVISIONS OF LAW. IS THE HOME OF RECORD AT THE TIME THE OFFICER IS ORDERED TO ACTIVE DUTY. 19 COMP. THAT NO PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UNTIL SUCH REGULATIONS HAVE BEEN ISSUED: PROVIDED FURTHER.

B-109572, MAY 22, 1952

PRECIS-UNAVAILABLE

MR. ANDREW WALLACE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 10, 1952, CONCERNING YOUR CLAIM FOR MILEAGE FROM FORT DIX, NEW JERSEY, TO CARMEL, CALIFORNIA, IN CONNECTION WITH YOUR SEPARATION FROM THE SERVICE AS A FIRST LIEUTENANT, ARMY OF THE UNITED STATES, ON AUGUST 15, 1950, WHICH CLAIM WAS ALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 22, 1951, IN THE AMOUNT OF $3.68.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 110, AUGUST 15, 1950, HEADQUARTERS, UNITED STATES ARMY HOSPITAL, FORT DIX, NEW JERSEY, YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, NEW BRUNSWICK, NEW JERSEY, IT BEING INDICATED THEREIN THAT YOUR AUS APPOINTMENT WOULD TERMINATE ON THE SAME DATE AS YOU REVERTED TO INACTIVE DUTY, AND THAT YOUR MAILING ADDRESS THEREAFTER WOULD BE CARMEL, CALIFORNIA, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. THE RECORD SHOWS THAT NEW BRUNSWICK WAS YOUR HOME OF RECORD AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY.

UNDER THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 730, OFFICERS ARE ENTITLED TO MILEAGE UPON RELEASE FROM ACTIVE DUTY "FROM LAST STATION TO HOME." IT IS WELL ESTABLISHED THAT THE "HOME" TO WHICH REFERENCE IS MADE IN THE FOREGOING AND OTHER SIMILAR PROVISIONS OF LAW, IS THE HOME OF RECORD AT THE TIME THE OFFICER IS ORDERED TO ACTIVE DUTY. 19 COMP. GEN. 731. WHILE SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES UPON RELEASE FROM ACTIVE DUTY "FROM LAST STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY," UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARIES OF THE DEPARTMENTS CONCERNED, SECTION 303(H) PROVIDES:

"(H) REGULATIONS SHALL BE PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES, AS PROVIDED HEREIN, AND SUCH REGULATIONS SHALL BE UNIFORM FOR ALL SERVICES INSOFAR AS PRACTICABLE: PROVIDED, THAT NO PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UNTIL SUCH REGULATIONS HAVE BEEN ISSUED: PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS ACT SHALL PRECLUDE THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES UNDER PROVISIONS OF LAW IN EFFECT ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, UNTIL SUCH REGULATIONS ARE ISSUED PURSUANT TO THIS SUBSECTION."

THE ABOVE-QUOTED PROVISIONS OF LAW HAD THE EFFECT OF POSTPONING THE EFFECTIVE DATE OF SAID SECTION 303(A) UNTIL THE PROMULGATION OF THE REGULATIONS REFERRED TO THEREIN. SINCE SUCH REGULATIONS WERE NOT PROMULGATED UNTIL APRIL 1, 1951, OFFICERS SUCH AS YOURSELF, WHO WERE RELEASED FROM ACTIVE DUTY PRIOR TO THAT DATE, WERE ENTITLED TO MILEAGE ONLY FROM THEIR LAST STATIONS TO THEIR HOMES OF RECORD AT THE TIME THEY WERE ORDERED TO ACTIVE DUTY.

IT APPEARING THAT THE AMOUNT ALLOWED BY THE SETTLEMENT OF MARCH 22, 1951, WAS COMPUTED ON THE DISTANCE FROM FORT DIX, YOUR LAST STATION, TO NEW BRUNSWICK, YOUR HOME OF RECORD, SUCH SETTLEMENT WAS CORRECT AND UPON REVIEW, IS SUSTAINED. CHECK #618,776, DATED APRIL 6, 1952, IN THE AMOUNT OF $3.68, ISSUED PURSUANT TO SUCH SETTLEMENT AND WHICH YOU ENCLOSED WITH YOUR LETTER, IS RETURNED HEREWITH.