B-112319, FEB 16, 1953

B-112319: Feb 16, 1953

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IT IS STATED IN THE SAID ORDERS OF JULY 1. THAT YOU REENLISTED AT FORT DOUGLAS ON THAT DATE AND YOU WERE DIRECTED TO PROCEED ON JULY 2. TRAVEL BY PRIVATELY OWNED CAR WAS AUTHORIZED. CERTIFICATE OF THE ADJUTANT AT FORT DOUGLAS IT IS STATED THAT GOVERNMENT TRANSPORTATION AND MEAL TICKETS WERE NOT FURNISHED FOR SUCH TRAVEL AND THAT A MONETARY ALLOWANCE IN LIEU THEREOF WAS NOT PAID TO YOU IN ADVANCE. PROVIDES THAT "ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO THEIR FIRST DUTY STATIONS WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS.". IS SUSTAINED.

B-112319, FEB 16, 1953

PRECIS-UNAVAILABLE

MASTER SERGEANT LAVON G. MESSERVY:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 23, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 3, 1952, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY PRIVATELY OWNED CONVEYANCE FROM FORT DOUGLAS, UTAH, TO FORT ORD, CALIFORNIA, PURSUANT TO ORDERS JULY 1, 1952, ISSUED AT THE ARMED FORCES INDUCTION STATION AND ARMED FORCES EXAMINING STATION, FORT DOUGLAS, UTAH.

IT IS STATED IN THE SAID ORDERS OF JULY 1, 1952, THAT YOU REENLISTED AT FORT DOUGLAS ON THAT DATE AND YOU WERE DIRECTED TO PROCEED ON JULY 2, 1952, AND REPORT AT THE RECEPTION CENTER AT FORT ORD, CALIFORNIA, NOT LATER THAN JULY 5, 1952, FOR ASSIGNMENT AND DUTY. TRAVEL BY PRIVATELY OWNED CAR WAS AUTHORIZED. IT APPEARS THAT YOU LEFT FORT DOUGLAS ON JULY 2 BY PRIVATELY OWNED CAR AND ARRIVED AT FORT ORD ON JULY 4, 1952. CERTIFICATE OF THE ADJUTANT AT FORT DOUGLAS IT IS STATED THAT GOVERNMENT TRANSPORTATION AND MEAL TICKETS WERE NOT FURNISHED FOR SUCH TRAVEL AND THAT A MONETARY ALLOWANCE IN LIEU THEREOF WAS NOT PAID TO YOU IN ADVANCE.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES, INTER ALIA, THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON ENLISTMENT FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION. PARAGRAPH 5052 OF THE JOINT TRAVEL REGULATIONS DATED AUGUST 1, 1951, PROMULGATED PURSUANT TO SUCH STATUTORY AUTHORITY AND IN EFFECT AT THE TIME OF YOUR REENLISTMENT OF JULY 1, 1952, PROVIDES THAT "ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT OR INDUCTION TO THEIR FIRST DUTY STATIONS WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS." SUCH PROVISION, RESTRICTS TRAVEL AT GOVERNMENT EXPENSE TO THE BASIS EXPRESSLY STATED THEREIN IN ALL CASES OF TRAVEL OF ENLISTEES AND INDUCTEES TO FIRST DUTY STATIONS UPON ENTERING THE UNIFORMED SERVICES FROM CIVILIAN LIFE, IRRESPECTIVE OF WHETHER, AS IN YOUR CASE, PRIOR MILITARY SERVICE HAD BEEN PERFORMED, AND WHETHER THE ORDERS DIRECTING TRAVEL TO THE FIRST DUTY STATIONS AUTHORIZE TRAVEL BY PRIVATELY OWNED CONVEYANCE. YOUR REENLISTMENT AT A STATION OTHER THAN THAT AT WHICH SEPARATED, WHILE EFFECTED WITHIN 90 DAYS AFTER PRIOR SEPARATION, MAKING YOUR SERVICE OF A CONTINUOUS NATURE FOR SOME PURPOSES, IN NO WAY ALTERS YOUR RIGHTS TO TRANPORTATION INCIDENT TO YOUR REENLISTMENT ON JULY 1, 1952. IN VIEW OF THE CITED REGULATIONS NO AUTHORITY EXISTS FOR REIMBURSING YOU FOR TRAVEL BY PRIVATE CONVEYANCE AS CLAIMED. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 3, 1952, IS SUSTAINED.