B-116107, OCT. 27, 1955

B-116107: Oct 27, 1955

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HAWKES: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28. DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISION DATED JUNE 23. YOU WERE PAID MILEAGE FROM THE PLACE OF DISCHARGE AT QUONSET POINT. THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY AND WHICH. WAS YOUR HOME OF RECORD AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY. THAT BEFORE YOU WERE ORDERED TO ACTIVE DUTY IN OCTOBER 1950. THERE IS NO EVIDENCE THAT IT WAS THEREAFTER CHANGED BACK TO PHILADELPHIA. YOU WERE ENTITLED TO MILEAGE TO YOUR HOME OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. THE TERM "HOME" IS DEFINED IN PARAGRAPH 1150-3. AN ENLISTED NAVAL RESERVIST'S HOME IS THAT GIVEN BY HIM AT THE TIME OF HIS ENLISTMENT. OR IS ORDERED TO ACTIVE DUTY BEFORE CHANGING HIS HOME OF RECORD.

B-116107, OCT. 27, 1955

TO MR. WILLIAM E. HAWKES:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1955, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ADDITIONAL MILEAGE IN CONNECTION WITH YOUR DISCHARGE FROM THE SERVICE ON FEBRUARY 28, 1952, AND DISALLOWANCE OF WHICH WAS SUSTAINED IN DECISION DATED JUNE 23, 1954, B-116107.

YOU WERE PAID MILEAGE FROM THE PLACE OF DISCHARGE AT QUONSET POINT, RHODE ISLAND, TO NEW YORK, NEW YORK, THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY AND WHICH, YOU STATED IN YOUR CLAIM, WAS YOUR HOME OF RECORD AT THE TIME YOU WERE ORDERED TO ACTIVE DUTY. THE RECORD SHOWS THAT WHEN YOU ENLISTED IN THE NAVAL RESERVE, YOU LISTED PHILADELPHIA, PENNSYLVANIA, AS YOUR HOME, BUT THAT BEFORE YOU WERE ORDERED TO ACTIVE DUTY IN OCTOBER 1950, YOU CHANGED YOUR HOME OF RECORD TO NEW HAVEN, CONNECTICUT. THERE IS NO EVIDENCE THAT IT WAS THEREAFTER CHANGED BACK TO PHILADELPHIA.

YOU WERE ENTITLED TO MILEAGE TO YOUR HOME OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, AT YOUR ELECTION. THE TERM "HOME" IS DEFINED IN PARAGRAPH 1150-3, JOINT TRAVEL REGULATIONS, AS "THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN * * * ENLISTED * * * OR ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.' UNDER SUCH REGULATIONS, AN ENLISTED NAVAL RESERVIST'S HOME IS THAT GIVEN BY HIM AT THE TIME OF HIS ENLISTMENT, IF HE ENLISTS FOR IMMEDIATE ACTIVE SERVICE, OR IS ORDERED TO ACTIVE DUTY BEFORE CHANGING HIS HOME OF RECORD. HOWEVER, IF HIS HOME OF RECORD IS CHANGED BEFORE HE IS ORDERED TO ACTIVE DUTY--- IN YOUR CASE FROM PHILADELPHIA TO NEW HAVEN-- THE HOME TO WHICH HE IS ENTITLED TO MILEAGE, AT HIS ELECTION" IS THAT RECORDED IN THE NAVY RECORDS AT THE TIME HE IS ORDERED TO ACTIVE DUTY. SINCE YOU HAVE BEEN PAID MILEAGE INCIDENT TO YOUR DISCHARGE AT QUONSET POINT FROM THAT PLACE TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, NEW YORK, NEW YORK, THE POINTS INVOLVING THE GREATER DISTANCE, NO FURTHER SUM IS DUE YOU.