B-116511, OCT 22, 1953

B-116511, OCT 22, 1953

PRECIS-UNAVAILABLE

SECOND LIEUTENANT THOMAS A. MUNTSINGER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF JULY 13, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 1, 1952, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM COLUMBUS, OHIO, TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS.

BY SCOTT AIR FORCE BASE, ILLINOIS, TELEGRAM DATED JUNE 26, 1951, YOUR ENLISTMENT IN GRADE E-5 AND ASSIGNMENT TO 3700TH AIR FORCE INDOCTRINATION WING, OFFICER CANDIDATE SCHOOL, LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS, WAS AUTHORIZED, IT BEING STATED THAT IT WAS NECESSARY FOR YOU TO REPORT TO THE NEAREST RECRUITING STATION AND PRESENT SAID TELEGRAM AS AUTHORITY FOR YOUR ENLISTMENT. PARAGRAPH 5, SPECIAL ORDERS NO. 144, HEADQUARTERS, COLUMBUS RECRUITING MAIN STATION, COLUMBUS, OHIO, DATED JUNE 29, 1951, PROVIDES THAT, HAVING ENLISTED ON THAT DATE, YOU WOULD PROCEED TO LACKLAND AIR FORCE BASE, SAN ANTONIO, TEXAS. TRAVEL BY PRIVATELY OWNED AUTOMOBILE WAS MENTIONED, IT BEING STATED THAT UPON COMPLETION OF TRAVEL YOU WOULD BE PAID A MONETARY ALLOWANCE FOR SUBSISTENCE AND MILEAGE IN LIEU OF TRANSPORTATION FROM COLUMBUS, OHIO, TO SAN ANTONIO, TEXAS. YOU PERFORMED THE DIRECTED TRAVEL BY AIR BETWEEN THE DATES OF JULY 2 AND 3, 1951, AND UPON REFUSAL OF THE DISBURSING OFFICER AT YOUR STATION TO PAY YOUR CLAIM FOR MILEAGE, YOU SUBMITTED IT TO THIS OFFICE. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT PARAGRAPH 5052, JOINT TRAVEL REGULATIONS, PROVIDES THAT ENLISTED MEMBERS TRAVELING FROM PLACE OF ENLISTMENT TO FIRST DUTY STATION WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS. IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT VARIOUS PARAGRAPHS OF THE SAID REGULATIONS PROVIDE FOR PAYMENT OF MILEAGE UPON CHANGE OF STATION WITHIN THE UNITED STATES, AND REQUEST THAT YOU BE ADVISED REGARDING THE COURSE OF FURTHER ACTION AVAILABLE TO YOU IN THE EVENT THE DISALLOWANCE OF YOUR CLAIM IS SUSTAINED.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES, INTER ALIA, 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 UNDER COMPETENT ORDERS UPON ENLISTMENT FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION. JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT THERETO PROVIDE, GENERALLY, FOR SUCH ALLOWANCES UPON CHANGE OF STATION WITHIN THE UNITED STATES. HOWEVER, WITH SPECIFIC REFERENCE TO TRAVEL OF ENLISTED MEN FROM PLACE OF ENLISTMENT TO FIRST DUTY STATION, THE REGULATIONS (PARAGRAPH 5052) CLEARLY AND UNEQUIVOCALLY PROVIDE THAT ENLISTED MEMBERS "WILL BE ENTITLED TO TRANSPORTATION IN KIND AND MEAL TICKETS." HAD THE SECRETARIES INTENDED THAT TRAVEL IN THIS CATEGORY BE CONSIDERED ON THE SAME BASIS AS THE TRAVEL FOR WHICH MONETARY ALLOWANCES ARE PRESCRIBED, IT SEEMS CLEAR THAT THERE WOULD HAVE BEEN NO NEED FOR PARAGRAPH 5052. HOWEVER, SUCH REGULATIONS (PARAGRAPH 5052) ARE CONTROLLING AS TO THE RIGHTS OF THE PERSONNEL REFERRED TO THEREIN AND THERE IS NO LEGAL BASIS ON WHICH THIS OFFICE PROPERLY MAY AUTHORIZE REIMBURSEMENT FOR TRAVEL PERFORMED AT OWN EXPENSE. ACCORDINGLY, THE SETTLEMENT OF MAY 1, 1952, WAS CORRECT AND IS SUSTAINED.

THE ACTION OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES IS FINAL AND CONCLUSIVE UPON ALL EXECUTIVE OFFICES OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE ACTION OF THIS OFFICE, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE GOVERNMENT IF FILED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUES. 28 U.S.C. 262.