B-116998, JAN 4, 1954

B-116998: Jan 4, 1954

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BROWN: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28. THE RECORD SHOWS THAT YOU WERE DISCHARGED ON NOVEMBER 6. THAT YOU WERE PAID $31.32 REPRESENTING MILEAGE FROM WILMINGTON. THAT YOU WERE INFORMED THAT MILEAGE TO THE LATTER CITY WOULD BE COMPUTED FROM NEW ORLEANS. THAT YOU LATER WERE ADVISED THAT MILEAGE COULD HAVE BEEN PAID AS REQUESTED. IN EFFECT WHEN YOU WERE DISCHARGED. PROVIDES THAT WHEN MEMBERS ARE DISCHARGED OVERSEAS AND NO TRAVEL IS TO BE PERFORMED. MILEAGE WILL BE COMPUTED TO THE PLACE SELECTED OR AUTHORIZED FROM THE PORT OF DEBARKATION NEAREST TO THAT PLACE. SINCE YOU WERE PAID ON THAT BASIS THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. WHILE THE SAID PARAGRAPH 4154 WAS SUBSEQUENTLY CHANGED AND SUCH CHANGE WAS STATED TO BE EFFECTIVE AUGUST 1.

B-116998, JAN 4, 1954

PRECIS-UNAVAILABLE

MR. CLARENCE E. BROWN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 28, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 11, 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 6, 1951; THAT YOU REENLISTED THE NEXT DAY; AND THAT YOU WERE PAID $31.32 REPRESENTING MILEAGE FROM WILMINGTON, CALIFORNIA, TO TUCSON, ARIZONA (HOME OF RECORD). YOU STATE THAT YOU ORIGINALLY REQUESTED PAYMENT OF MILEAGE FROM WILMINGTON, CALIFORNIA, TO CORPUS CHRISTI, TEXAS (PLACE OF ENLISTMENT); THAT YOU WERE INFORMED THAT MILEAGE TO THE LATTER CITY WOULD BE COMPUTED FROM NEW ORLEANS, LOUISIANA (A SHORTER DISTANCE), AND THAT YOU LATER WERE ADVISED THAT MILEAGE COULD HAVE BEEN PAID AS REQUESTED.

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 TO BE PAID. PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, IN EFFECT WHEN YOU WERE DISCHARGED, PROVIDES THAT WHEN MEMBERS ARE DISCHARGED OVERSEAS AND NO TRAVEL IS TO BE PERFORMED, MILEAGE WILL BE COMPUTED TO THE PLACE SELECTED OR AUTHORIZED FROM THE PORT OF DEBARKATION NEAREST TO THAT PLACE. SINCE YOU WERE PAID ON THAT BASIS THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. WHILE THE SAID PARAGRAPH 4154 WAS SUBSEQUENTLY CHANGED AND SUCH CHANGE WAS STATED TO BE EFFECTIVE AUGUST 1, 1951, IT HAS BEEN HELD THAT SUCH CHANGE MAY NOT BE GIVEN EFFECT PRIOR TO DATE OF ISSUANCE.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 11, 1953, WAS CORRECT AND IS SUSTAINED.