B-113399, APR 2, 1953

B-113399: Apr 2, 1953

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RA: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11. YOUR PAY RECORD SHOWS THAT YOU WERE PAID $23.64 AS TRAVEL ALLOWANCE BASED ON THE DISTANCE FROM NEW ORLEANS. THAT PAYMENT WAS IN CONFORMITY WITH PARAGRAPH 4154-2B. WHICH PROVIDED THAT WHEN A MEMBER IS DISCHARGED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND NO TRAVEL IS TO BE PERFORMED. THE TRAVEL ALLOWANCE WILL BE COMPUTED ON THE BASIS OF THE DISTANCE TO THE PLACE SELECTED OR AUTHORIZED FROM THE PORT OF DEBARKATION "NEAREST" THAT PLACE. YOUR REQUEST FOR REVIEW IS BASED ON THE FACT THAT BY INSTRUCTION MEMORANDUM 2-3 DATED DECEMBER 1. PARAGRAPH 4154 WAS REVISED TO PROVIDE (SO FAR AS IS HERE PERTINENT) FOR THE COMPUTATION OF MILEAGE BASED ON THE DISTANCE FROM A PORT OF DEBARKATION ON THE WEST COAST TO THE PLACE SELECTED OR AUTHORIZED.

B-113399, APR 2, 1953

PRECIS-UNAVAILABLE

CORPORAL DONALD H. ASHBURN, RA:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 11, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 14, 1952, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE INCIDENT TO YOUR DISCHARGE AT JUNEAU, ALASKA, ON SEPTEMBER 4, 1951, AND REENLISTMENT THE FOLLOWING DAY AT THE SAME PLACE.

YOUR PAY RECORD SHOWS THAT YOU WERE PAID $23.64 AS TRAVEL ALLOWANCE BASED ON THE DISTANCE FROM NEW ORLEANS, LOUISIANA, TO MEMPHIS, TENNESSEE. THAT PAYMENT WAS IN CONFORMITY WITH PARAGRAPH 4154-2B, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, WHICH PROVIDED THAT WHEN A MEMBER IS DISCHARGED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND NO TRAVEL IS TO BE PERFORMED, THE TRAVEL ALLOWANCE WILL BE COMPUTED ON THE BASIS OF THE DISTANCE TO THE PLACE SELECTED OR AUTHORIZED FROM THE PORT OF DEBARKATION "NEAREST" THAT PLACE. YOUR REQUEST FOR REVIEW IS BASED ON THE FACT THAT BY INSTRUCTION MEMORANDUM 2-3 DATED DECEMBER 1, 1951, AND STATED THEREIN TO BE EFFECTIVE AUGUST 1, 1951, PARAGRAPH 4154 WAS REVISED TO PROVIDE (SO FAR AS IS HERE PERTINENT) FOR THE COMPUTATION OF MILEAGE BASED ON THE DISTANCE FROM A PORT OF DEBARKATION ON THE WEST COAST TO THE PLACE SELECTED OR AUTHORIZED.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES UPON SEPARATION FROM THE SERVICE, AND THAT THE SECRETARIES MAY PRESCRIBE THE CONDITIONS UNDER WHICH TRAVEL AND TRANSPORTATION ALLOWANCES SHALL BE AUTHORIZED. THE REGULATIONS FIXING THE AMOUNT OF TRAVEL ALLOWANCE AUTHORIZED TO BE PAID WHICH WERE IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT WERE ISSUED PURSUANT TO THAT STATUTORY AUTHORITY. UNDER THOSE REGULATIONS YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE COMPUTED AS INDICATED THEREIN AND THIS OFFICE KNOWS OF NO AUTHORITY UNDER WHICH SUBSEQUENT REGULATIONS MAY BE MADE RETROACTIVELY EFFECTIVE SO AS TO CHANGE THAT VESTED RIGHT. SINCE YOU HAVE BEEN PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS IN EFFECT WHEN YOU WERE DISCHARGED THERE IS NO LEGAL BASIS FOR THE ALLOWANCES OF ANY ADDITIONAL AMOUNT. ACCORDINGLY, THE SETTLEMENT OF AUGUST 14, 1952, WAS CORRECT AND IS SUSTAINED.