B-112202, FEB 25, 1953

B-112202: Feb 25, 1953

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BY WHICH YOU WERE ALLOWED THE SUM OF $149.65 AS MILEAGE ALLOWANCE DUE FOR TRAVEL PERFORMED FROM TACOMA. THE SUM FOUND DUE YOU WAS COMPUTED ON THE BASIS OF FIVE CENTS PER MILE FOR AN OFFICIAL DISTANCE FROM TACOMA TO SCRANTON OF 2. INDICATES THAT YOU WERE ENTITLED TO SIX CENTS PER MILE FOR SUCH TRAVEL. WITHIN CERTAIN LIMITATIONS THE SECRETARIES CONCERNED WERE AUTHORIZED BY THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949. THAT THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES ARISING ON AND AFTER THE EFFECTIVE DATE OF THAT ACT AND UNTIL THE REGULATIONS WERE ISSUED SHOULD BE MADE UNDER AUTHORITY OF THE LAW IN EFFECT ON THE DAY PRIOR TO SUCH EFFECTIVE DATE. WERE ISSUED TO BE EFFECTIVE ON AND AFTER APRIL 1.

B-112202, FEB 25, 1953

PRECIS-UNAVAILABLE

MASTER SERGEANT JACK ZEOUR, U. S. ARMY, RETIRED:

THERE HAS BEEN CONSIDERED IN YOUR LETTER OF SEPTEMBER 20, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 15, 1952, BY WHICH YOU WERE ALLOWED THE SUM OF $149.65 AS MILEAGE ALLOWANCE DUE FOR TRAVEL PERFORMED FROM TACOMA, WASHINGTON, TO SCRANTON, PENNSYLVANIA, INCIDENT TO YOUR RETIREMENT ON FEBRUARY 28, 1951, AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 16, 1953.

THE SUM FOUND DUE YOU WAS COMPUTED ON THE BASIS OF FIVE CENTS PER MILE FOR AN OFFICIAL DISTANCE FROM TACOMA TO SCRANTON OF 2,993 MILES. YOU STATE, HOWEVER, THAT A FORM DATED APRIL 1, 1951, GIVEN YOU BY THE TRANSPORTATION OFFICE AT FORT LEWIS, WASHINGTON, INDICATES THAT YOU WERE ENTITLED TO SIX CENTS PER MILE FOR SUCH TRAVEL.

WITHIN CERTAIN LIMITATIONS THE SECRETARIES CONCERNED WERE AUTHORIZED BY THE PROVISIONS OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, TO PRESCRIBE THE TYPES OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR PAYMENT, AND THE CONDITIONS UNDER WHICH PAYABLE, TO MEMBERS OF THE UNIFORMED SERVICES FOR VARIOUS TRAVEL REQUIREMENTS OF THE SERVICE INCLUDING THAT FROM LAST DUTY STATION TO HOME UPON RETIREMENT. SECTION 303(H) OF THE ACT, 63. STAT. 815, REQUIRED THE PROMULGATION OF REGULATIONS BY THE SECRETARIES OF THE VARIOUS SERVICES AS REQUIRED IN THE PRIOR SUBPARAGRAPHS OF THAT SECTION, AND PROVIDED THAT NONE OF THE PROVISIONS THEREOF SHOULD BECOME EFFECTIVE UNTIL THE ISSUANCE OF REGULATIONS, AND THAT THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES ARISING ON AND AFTER THE EFFECTIVE DATE OF THAT ACT AND UNTIL THE REGULATIONS WERE ISSUED SHOULD BE MADE UNDER AUTHORITY OF THE LAW IN EFFECT ON THE DAY PRIOR TO SUCH EFFECTIVE DATE. THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER SUCH STATUTORY AUTHORITY, WERE ISSUED TO BE EFFECTIVE ON AND AFTER APRIL 1, 1951. PARAGRAPH 3003 THEREOF DEFINES THE TERM PERMANENT CHANGE OF STATION TO INCLUDE THE CHANGE FROM LAST DUTY STATION TO HOME ON RETIREMENT, AND PARAGRAPH 4150 PRESCRIBES AN ALLOWANCE OF SIX CENTS PER MILE FOR THAT TRAVEL. UNDOUBTEDLY, THOSE REGULATIONS WERE THE BASIS FOR THE INFORMATION FURNISHED BY THE TRANSPORTATION OFFICE AT FORT LEWIS. PRIOR TO APRIL 1, 1951, THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS, HOWEVER, AN ALLOWANCE OF FIVE CENTS PER MILE WAS AUTHORIZED FOR TRAVEL OF ENLISTED PERSONNEL TO HOME UPON RETIREMENT UNDER THE PROVISIONS OF SECTION 126 OF THE ACT OF JUNE 3, 1916, 39 STAT. 217, AS AMENDED BY SECTION 21 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 856.

PARAGRAPH 25 OF SPECIAL ORDERS NO. 50, MADIGAN ARMY HOSPITAL, TACOMA, WASHINGTON, DATED FEBRUARY 27, 1951, STATED THAT YOU WERE RETIRED ON FEBRUARY 28, 1951, AND YOU WERE DIRECTED TO PROCEED TO YOUR SELECTED HOME SO AS TO ARRIVE THEREAT WITHIN ONE YEAR AFTER THE TERMINATION OF THE PRESENT WAR. SUCH ORDER WAS EFFECTIVE, FOR TRAVEL PURPOSES, ON THE DATE OF YOUR RETIREMENT EVEN THOUGH THE TRAVEL MIGHT BE COMPLETED AT ANY TIME WITHIN THE ONE YEAR PERIOD. REGULATIONS GOVERNING THE PAYMENT OF ALLOWANCES INCIDENT TO TRAVEL PERFORMED UNDER ORDERS IN EFFECT ON THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS ARE SET FORTH ON PAGE V OF THOSE REGULATIONS. PARAGRAPH 1B THEREOF PROVIDES THAT FOR MEMBERS ACTUALLY OR CONSTRUCTIVELY IN TRANSIT IN A TRAVEL STATUS AT 2400 ON MARCH 31, 1951, INCLUDING MEMBERS DELAYED AWAITING FURTHER TRANSPORTATION AT PLACES OTHER THAN PORTS OF EMBARKATION OR DEBARKATION, THE REGULATIONS IN EFFECT ON MARCH 31, 1951, APPLY FOR TRAVEL TO THE NEXT TEMPORARY DUTY STATION, PORT OF EMBARKATION OR DEBARKATION, OR PERMANENT STATION, AND THE JOINT TRAVEL REGULATIONS APPLY THEREAFTER. SINCE YOUR ORDERS WERE EFFECTIVE ON FEBRUARY 28, 1951, FOR TRAVEL PURPOSES, YOU ENTERED INTO A CONSTRUCTIVE TRAVEL STATUS AT THAT TIME WITHIN THE CONTEMPLATION OF SUCH REGULATIONS EVEN THOUGH TRAVEL ACTUALLY WAS NOT COMMENCED UNTIL NOVEMBER 7, 1951, AND THEREFORE THE REGULATIONS IN EFFECT ON MARCH 31, 1951, APPLY FOR THE TRAVEL PERFORMED TO YOUR NEXT STATION (YOUR HOME). SEE INTERPRETATION 18-51 (CORRECTED) OF THE ADVISORY PANEL OF THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE OF THE DEPARTMENTS OF THE ARMY, NAVY, AND AIR FORCE, DATED FEBRUARY 11, 1952. CONSEQUENTLY YOU WERE PROPERLY ENTITLED TO AN ALLOWANCE OF FIVE CENTS PER MILE FOR THAT TRAVEL RATHER THAN THE SIX CENT RATE CLAIMED. ACCORDINGLY THE SETTLEMENT OF SEPTEMBER 15, 1952, IS SUSTAINED.

YOUR CLAIM FOR REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS UPON RETIREMENT WAS FORWARDED BY THE TRANSPORTATION DIVISION, FINANCE OFFICE, UNITED STATES ARMY, WASHINGTON, D. C., TO THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT. CONSIDERATION WILL BE GIVEN THE CLAIM IN DUE COURSE AND YOU WILL BE ADVISED WITH RESPECT THERETO AT A LATER DATE.