B-116291, AUG 10, 1953

B-116291: Aug 10, 1953

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USAF: REFERENCE IS MADE TO YOUR LETTER OF JULY 7. THE RECORD SHOWS THAT YOU WERE DISCHARGED ON AUGUST 2. THAT YOU WERE PAID $15.96 REPRESENTING MILEAGE FROM NEW YORK. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM SAN FRANCISCO. 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. SINCE YOU WERE PAID THE FULL AMOUNT AUTHORIZED BY REGULATIONS IN EFFECT WHEN YOU WERE DISCHARGED. THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. WAS CORRECT AND IS SUSTAINED.

B-116291, AUG 10, 1953

PRECIS-UNAVAILABLE

TECHNICAL SERGEANT ALFRED K. VIALL, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 28, 1953, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS.

THE RECORD SHOWS THAT YOU WERE DISCHARGED ON AUGUST 2, 1951; THAT YOU REENLISTED THE NEXT DAY, AND THAT YOU WERE PAID $15.96 REPRESENTING MILEAGE FROM NEW YORK, NEW YORK, TO ARLINGTON, MASSACHUSETTS, IN ACCORDANCE WITH PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM SAN FRANCISCO, CALIFORNIA, TO ARLINGTON, MASSACHUSETTS, LESS THE PRIOR PAYMENT, 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 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 SUBSEQUENT REGULATIONS MAY NOT INCREASE OR DIMINISH THAT VESTED RIGHT. SINCE YOU WERE PAID THE FULL AMOUNT AUTHORIZED BY REGULATIONS IN EFFECT WHEN YOU WERE DISCHARGED, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.

ACCORDINGLY, THE SETTLEMENT OF MAY 28, 1953, WAS CORRECT AND IS SUSTAINED.