B-115193, JUL 21, 1953

B-115193: Jul 21, 1953

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WEATHER SQUADRON: FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION POSTMARKED APRIL 24. YOU - HAVING BEEN REENLISTED IN THE UNITED STATES AIR FORCE IN THE GRADE OF STAFF SERGEANT - WERE TRANSFERRED TO CHANUTE AIR FORCE BASE. CONTAINED A STATEMENT THAT THE FINANCE OFFICER AT DESTINATION WILL PAY ENLISTED MEN "MON TVL ALWS ILT A/R PRESCRIBED FOR PD RAIL TVL ONLY.". IN EFFECT DURING THE PERIOD THE SAID TRAVEL WAS PERFORMED. SPECIFICALLY PROVIDE (PARAGRAPH 5052) 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.". UNDER THE SAID ACT THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED ARE THOSE PRESCRIBED BY THE SECRETARIES OF THE DEPARTMENTS CONCERNED.

B-115193, JUL 21, 1953

PRECIS-UNAVAILABLE

STAFF SERGEANT CLIFFORD BLOOM, WEATHER SQUADRON:

FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION POSTMARKED APRIL 24, 1953, CONCERNING GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MARCH 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY YOU BY PRIVATELY OWNED AUTOMOBILE FROM MILWAUKEE, WISCONSIN, TO CHANUTE AIR FORCE BASE, RANTOUL, ILLINOIS, OCTOBER 13 TO 14, 1951.

THE RECORD SHOWS THAT BY LETTER ORDER NO. 1017, DATED OCTOBER 12, 1951, ARMED FORCES INDUCTION AND EXAMINING STATION, WISCONSIN RECRUITING SERVICE GROUP, MILWAUKEE, WISCONSIN, YOU - HAVING BEEN REENLISTED IN THE UNITED STATES AIR FORCE IN THE GRADE OF STAFF SERGEANT - WERE TRANSFERRED TO CHANUTE AIR FORCE BASE, RANTOUL, ILLINOIS, AND DIRECTED TO PROCEED THERETO ON OR ABOUT OCTOBER 13, 1951, AND TO REPORT THEREAT OCTOBER 14, 1951. THE ORDERS AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE, AND CONTAINED A STATEMENT THAT THE FINANCE OFFICER AT DESTINATION WILL PAY ENLISTED MEN "MON TVL ALWS ILT A/R PRESCRIBED FOR PD RAIL TVL ONLY."

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT "UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED," MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION, FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT, AND IN EFFECT DURING THE PERIOD THE SAID TRAVEL WAS PERFORMED, SPECIFICALLY PROVIDE (PARAGRAPH 5052) 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." UNDER THE SAID ACT THE TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED ARE THOSE PRESCRIBED BY THE SECRETARIES OF THE DEPARTMENTS CONCERNED, AND SINCE THE REGULATIONS SO PROMULGATED PROVIDE THAT ENLISTED MEN SHALL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS FOR TRAVEL TO FIRST STATION, AND MAKE NO PROVISION FOR REIMBURSEMENT WHERE TRAVEL IS PERFORMED BY PRIVATELY OWNED AUTOMOBILE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM NOTWITHSTANDING THE FACT THAT YOUR ORDERS AUTHORIZED YOU TO TRAVEL BY THAT MODE OF TRANSPORTATION, OR THE FACT THAT THE RECRUITING PERSONNEL AT THE INDUCTION STATION MAY HAVE INCORRECTLY ADVISED YOU IN THAT RESPECT.

ACCORDINGLY, THE SETTLEMENT OF MARCH 27, 1953, WAS CORRECT AND IS SUSTAINED.