B-115632, JAN 27, 1954

B-115632: Jan 27, 1954

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CALIFORNIA: REFERENCE IS MADE TO YOUR LETTERS OF MAY 18 AND OCTOBER 19. AT WHICH TIME YOUR HOME OF RECORD WAS STRANSTEAD. THAT YOU WERE HONORABLY DISCHARGED AT HEADQUARTERS. APPARENTLY IS BASED ON INSTRUCTION MEMORANDUM 2-3. 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. INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS YOU ARE ENTITLED UNDER PARAGRAPH 4154. A SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE YOU ON THAT BASIS WILL ISSUE IN DUE COURSE.

B-115632, JAN 27, 1954

PRECIS-UNAVAILABLE

LAURENT M. MONGEAU, T/SGT, 3275TH USAF HOSPITAL, PARKS AIR FORCE BASE, CALIFORNIA:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 18 AND OCTOBER 19, 1953, AND ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED MAY 13, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS.

THE RECORD NOW SHOWS THAT YOU ENLISTED IN THE UNITED STATES AIR FORCE ON SEPTEMBER 16, 1948, FOR 36 MONTHS, AT WHICH TIME YOUR HOME OF RECORD WAS STRANSTEAD, QUEBEC, CANADA; THAT YOU ENTERED ON ACTIVE DUTY THE SAME DAY AT MONTPELIER, VERMONT; THAT YOU WERE HONORABLY DISCHARGED AT HEADQUARTERS, 6163D, AIR BASE WING, APO 919 ON OCTOBER 24, 1951; AND THAT YOU REENLISTED AT THE SAME STATION ON OCTOBER 25, 1951. YOUR PRESENT CLAIM FOR TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA, TO THE PLACE OF YOUR ENLISTMENT, MONTPELIER, VERMONT, APPARENTLY IS BASED ON INSTRUCTION MEMORANDUM 2-3, DATED DECEMBER 1, 1951, PURPORTING TO AMEND PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, RETROACTIVELY TO AUGUST 1, 1951.

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 AS PROVIDED THEREIN AND SUBSEQUENT REGULATIONS MAY NOT INCREASE OR DIMINISH THAT VESTED RIGHT.

INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS YOU ARE ENTITLED UNDER PARAGRAPH 4154, CHANGE I, JOINT TRAVEL REGULATIONS, DATED AUGUST 1, 1951, IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT, TO MILEAGE COMPUTED ON THE DISTANCE FROM NEW YORK, NEW YORK (PORT OF DEBARKATION NEAREST PLACE OF ENLISTMENT) TO MONTPELIER, VERMONT (PLACE OF ENLISTMENT). A SETTLEMENT FOR THE AMOUNT FOUND TO BE DUE YOU ON THAT BASIS WILL ISSUE IN DUE COURSE.