B-116794, SEP 16, 1953

B-116794: Sep 16, 1953

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RA: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11. THE RECORD SHOWS THAT YOU WERE DISCHARGED ON NOVEMBER 17. THAT YOU WERE PAID $29.28 REPRESENTING MILEAGE FROM NEW YORK. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM A PORT OF DEBARKATION ON THE WEST COAST TO PERRY. 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 REIMBURSEMENT WERE ISSUED PURSUANT TO THAT STATUTORY AUTHORITY. SINCE YOU HAVE BEEN PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS WHEN YOU WERE DISCHARGED THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. WAS CORRECT AND IS SUSTAINED.

B-116794, SEP 16, 1953

PRECIS-UNAVAILABLE

SERGEANT RICHARD J. SOCABASIN, RA:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 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 NOVEMBER 17, 1951; THAT YOU REENLISTED THE NEXT DAY, AND THAT YOU WERE PAID $29.28 REPRESENTING MILEAGE FROM NEW YORK, NEW YORK (PORT OF DEBARKATION NEAREST HOME) TO PERRY, MAINE (HOME), IN ACCORDANCE WITH PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM A PORT OF DEBARKATION ON THE WEST COAST TO PERRY, MAINE, 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 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 REIMBURSEMENT WERE ISSUED PURSUANT TO THAT STATUTORY AUTHORITY. UNDER THOSE REGULATIONS YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE AS INDICATED THEREIN AND SUBSEQUENT REGULATIONS MAY NOT INCREASE OR DIMINISH THAT VESTED RIGHT. SINCE YOU HAVE BEEN PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS WHEN YOU WERE DISCHARGED THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.

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