B-118258, MAR 22, 1954

B-118258: Mar 22, 1954

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HARRINGTON: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10. THE RECORD SHOWS THAT YOU EXTENDED YOUR ENLISTMENT WHILE OVERSEAS AND WERE PAID $146.76. WHICH SUM LATER WAS COLLECTED FROM YOU. IN EFFECT WHEN YOUR REENLISTMENT WAS EXTENDED PROVIDED THAT. WHEN MEMBERS ARE SEPARATED OVERSEAS AND TRAVEL IS NOT TO BE PERFORMED. MILEAGE WILL BE COMPUTED ON THE DISTANCE FROM THE PORT OF DEBARKATION IN THE UNITED STATES NEAREST THE PLACE SELECTED OR AUTHORIZED FOR TRAVEL. AS THE PLACE TO WHICH TRAVEL WAS DESIRED. IT IS APPARENT THAT NO MILEAGE IS PAYABLE UNDER THE REGULATIONS IN EFFECT AT THE TIME YOUR ENLISTMENT WAS EXTENDED. THE REGULATIONS CITED BY YOU IN SUPPORT OF YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM NEW ORLEANS.

B-118258, MAR 22, 1954

PRECIS-UNAVAILABLE

TIMOTHY J. HARRINGTON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1953, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 24, 1953, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE BELIEVED TO BE DUE UPON EXTENSION OF ENLISTMENT ON APRIL 29, 1951. THE RECORD SHOWS THAT YOU EXTENDED YOUR ENLISTMENT WHILE OVERSEAS AND WERE PAID $146.76, REPRESENTING MILEAGE FROM NEW ORLEANS, LOUISIANA, TO SAN FRANCISCO, CALIFORNIA, WHICH SUM LATER WAS COLLECTED FROM YOU.

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. PARAGRAPH 4154-28, JOINT TRAVEL REGULATIONS, IN EFFECT WHEN YOUR REENLISTMENT WAS EXTENDED PROVIDED THAT, WHEN MEMBERS ARE SEPARATED OVERSEAS AND TRAVEL IS NOT TO BE PERFORMED, MILEAGE WILL BE COMPUTED ON THE DISTANCE FROM THE PORT OF DEBARKATION IN THE UNITED STATES NEAREST THE PLACE SELECTED OR AUTHORIZED FOR TRAVEL. PARAGRAPH 4154-5 OF THE REGULATIONS LISTS SAN FRANCISCO, CALIFORNIA, AS A PORT OF DEBARKATION. SINCE YOU SELECTED SAN FRANCISCO, CALIFORNIA (HOME OF RECORD AND PLACE OF ENLISTMENT), AS THE PLACE TO WHICH TRAVEL WAS DESIRED, IT IS APPARENT THAT NO MILEAGE IS PAYABLE UNDER THE REGULATIONS IN EFFECT AT THE TIME YOUR ENLISTMENT WAS EXTENDED.

THE REGULATIONS CITED BY YOU IN SUPPORT OF YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM NEW ORLEANS, LOUISIANA, TO SAN FRANCISCO, CALIFORNIA, WERE NOT ISSUED UNTIL DECEMBER 1, 1951, AND HENCE WERE NOT IN EFFECT AT THE TIME HERE INVOLVED. SINCE YOU EXTENDED YOUR ENLISTMENT PRIOR TO THE DATE SUCH REGULATIONS BECOME EFFECTIVE, YOU DID NOT ACQUIRE ANY RIGHT TO THE TRAVEL ALLOWANCE AUTHORIZED THEREIN.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 24, 1953, WAS CORRECT AND IS SUSTAINED.