B-111748, DEC 19, 1952

B-111748: Dec 19, 1952

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S. NAVY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22. YOU WERE DIRECTED TO PROCEED TO THE UNITED STATES NAVAL RECEIVING STATION. UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. AUTHORIZED 10 DAYS' TRAVEL TO YOUR HOME AND UPON ARRIVAL YOU WERE TO CONSIDER YOURSELF RELEASED FROM ACTIVE DUTY AS OF MIDNIGHT OCTOBER 21. IT APPEARS THAT YOU WERE ORDERED TO ACTIVE DUTY FROM KEW GARDENS. THAT YOUR HOME OF RECORD AT THAT TIME WAS AT CORDOVA. PROVIDES THAT WHEN A MEMBER OF THE UNIFORMED SERVICES IS RELEASED FROM EXTENDED ACTIVE DUTY UNDER HONORABLE CONDITIONS. HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.

B-111748, DEC 19, 1952

PRECIS-UNAVAILABLE

JOHN N. BOWERS, U. S. NAVY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 11, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES OF TRAVEL PERFORMED FROM NORFOLK, VIRGINIA, TO MAUI, TERRITORY OF HAWAII, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A LIEUTENANT, UNITED STATES NAVAL RESERVE, ON OCTOBER 21, 1951.

BY ORDERS FROM THE COMMANDING OFFICER, U. S. S. ROTETOURT (APA 136), IN CARE OF FLEET POST OFFICE, NEW YORK, NEW YORK, DATED OCTOBER 10, 1951, YOU WERE DIRECTED TO PROCEED TO THE UNITED STATES NAVAL RECEIVING STATION, NAVAL BASE, NORFOLK, VIRGINIA, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOU WERE TO PROCEED TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY. FIRST ENDORSEMENT OF OCTOBER 10, 1951, AUTHORIZED 10 DAYS' TRAVEL TO YOUR HOME AND UPON ARRIVAL YOU WERE TO CONSIDER YOURSELF RELEASED FROM ACTIVE DUTY AS OF MIDNIGHT OCTOBER 21, 1951. IT APPEARS THAT YOU WERE ORDERED TO ACTIVE DUTY FROM KEW GARDENS, LONG ISLAND, NEW YORK, AND THAT YOUR HOME OF RECORD AT THAT TIME WAS AT CORDOVA, ALASKA. THE RECORD SHOWS PAYMENT OF ADVANCE MILEAGE TO YOU IN THE SUM OF $21.30 COMPUTED ON THE DISTANCE FROM NORFOLK TO KEW GARDENS.

CASE 9, PARAGRPAH 4153, CHANGE 1, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER OF THE UNIFORMED SERVICES IS RELEASED FROM EXTENDED ACTIVE DUTY UNDER HONORABLE CONDITIONS, HE IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, AS HE MAY ELECT. CASE 7, SAME PARAGRAPH, PROVIDES THAT MILEAGE IS PAYABLE UPON RELIEF FROM ACTIVE DUTY UNDER CONDITIONS PERMITTING SUCH PAYMENT, WHETHER OR NOT SUCH TRAVEL IS ACTUALLY IS PERFORMED. PARAGRAPH 1150-3 OF SAID REGULATIONS STATES THAT THE TERM "HOME" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. 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 RELEASE FROM ACTIVE DUTY 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." UNDER SUCH REGULATIONS YOU COULD ELECT EITHER KEW GARDENS, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, OR CORDOVA, YOUR HOME OF RECORD, FOR PURPOSES OF PAYMENT OF MILEAGE UPON YOUR RELEASE FROM ACTIVE DUTY. WHILE YOU ACCEPTED PAYMENT OF MILEAGE COMPUTED ON THE DISTANCE FROM NORFOLK TO KEW GARDENS, NEW YORK, YOU DENY THAT YOU ACTUALLY ELECTED THAT PLACE, IT BEING STATED THAT PAYMENT THERETO WAS ACCEPTED ON THE ADVICE OF THE DISBURSING OFFICER THAT PAYMENT OF MILEAGE BASED ON YOUR HOME OF RECORD COULD BE MADE ONLY IF TRAVEL THERETO HAD BEEN PERFORMED. UNDER SUCH CIRCUMSTANCES, IT WILL BE CONSIDERED THAT YOU ELECTED YOUR HOME OF RECORD CORDOVA, ALASKA, AND THAT YOU ARE ENTITLED TO MILEAGE AT THE RATE OF 6 CENTS PER MILE FOR THE DISTANCE FROM NORFOLK TO SEATTLE, WASHINGTON, THE AUTHORIZED PORT OF EMBARKATION NEAREST CORDOVA, LESS THE MILEAGE ALREADY RECEIVED BY YOU INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. SETTLEMENT FOR THAT AMOUNT WILL ISSUE IN DUE COURSE.

WITH RESPECT TO TRAVEL BEYOND THE LIMITS OF THE UNITED STATES, THE FOREGOING REGULATIONS PROVIDE FOR THE FURNISHING OF TRANSPORTATION IN KIND AND SUCH TRANSPORTATION APPEARS AUTHORIZED ONLY IN THE EVENT THAT THE PERSON CONCERNED RETURNS TO THE PLACE AUTHORIZED THEREIN.

THE ORIGINAL OF THE SETTLEMENT OF JULY 11, 1952, YOUR ORIGINAL ORDERS AND YOUR COPY OF THE VOUCHER ON WHICH YOU WERE PAID MILEAGE TO KEW GARDENS ARE RETURNED HEREWITH.