B-118033, MAR 9, 1954

B-118033, MAR 9, 1954

PRECIS-UNAVAILABLE

TECHNICAL SERGEANT ARTHUR W. CASSADA:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1953, REQUESTING REVIEW OF SETTLEMENT DATED MAY 27, 1953, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AND REENLISTMENT WHILE IN THE PHILIPPINE ISLANDS.

THE RECORD SHOWS THAT YOU WERE DISCHARGED ON OCTOBER 13, 1951; THAT YOU REENLISTED THE NEXT DAY; AND THAT YOU WERE PAID $34.98 AS TRAVEL ALLOWANCE FROM NEW ORLEANS TO OAKDALE, TENNESSEE, IN ACCORDANCE WITH PARAGRAPH 4154 OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THAT TIME. YOUR CONTENTION THAT YOU ARE ENTITLED TO TRAVEL ALLOWANCE FROM A PORT DEBARKATION ON THE WEST COAST TO OAKDALE, TENNESSEE, 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. YOU STATE THAT YOU KNOW VARIOUS AIRMEN WHO WERE DISCHARGED AT CLARK AIR FORCE BASE AND RECEIVED TRAVEL PAY FROM THE WEST COAST TO THEIR PERMANENT ADDRESSES IN THE EASTERN PART OF THE UNITED STATES, INCLUDING MASTER SERGEANT THOMAS W. KILMER, WHO WAS DISCHARGED AND WHO REENLISTED AT THAT BASE IN AUGUST 1952.

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 CONDITIONS UNDER WHICH SUCH ALLOWANCES SHALL BE AUTHORIZED. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THE STATUTE AND IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT SPECIFICALLY PROVIDED IN PARAGRAPH 4154-2B THAT, WHEN A MEMBER WAS DISCHARGED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND NO TRAVEL WAS TO BE PERFORMED, THE TRAVEL ALLOWANCE WOULD BE COMPUTED ON THE BASIS OF THE DISTANCE TO THE PLACE SELECTED FROM THE PORT OF DEBARKATION "NEAREST" THE PLACE SELECTED. UNDER THOSE REGULATIONS, YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE AS THERE AUTHORIZED AND SUBSEQUENT REGULATIONS MAY NOT INCREASE OR DIMINISH THAT VESTED RIGHT. SINCE YOU WERE PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS IN EFFECT WHEN YOU WERE DISCHARGED, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.

ACCORDINGLY, THE SETTLEMENT OF MAY 27, 1953, WAS CORRECT AND IS SUSTAINED.

YOU DO NOT GIVE THE DATES WHEN THE OTHER MENTIONED AIRMEN WERE DISCHARGED, EXCEPT SERGEANT KILMER. IF, AS STATED BY YOU, HE WAS DISCHARGED DURING THE MONTH OF AUGUST 1952, HE WAS DISCHARGED AFTER PARAGRAPH 4154 OF THE REGULATIONS WAS AMENDED ON DECEMBER 1, 1951, AND HIS CASE WOULD COME UNDER THE AMENDMENT.