B-119119, JUL 20, 1954

B-119119: Jul 20, 1954

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EDWARDS: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. YOUR TEMPORARY APPOINTMENT AS AN OFFICER WAS TERMINATED AND YOU WERE TRANSFERRED TO THE FLEET RESERVE AND RELIEVED OF ALL ACTIVE DUTY. THE ORDERS STATED THAT YOU WERE ACCEPTED FOR LAST ENLISTMENT AT PEARL HARBOR. THAT YOUR HOME OF RECORD AT THAT TIME WAS AMSTERDAM. THE RECORD SHOWS THAT YOUR LAST DUTY STATION WAS CHICKASAW. THAT YOU WERE PAID $107.80. THE ALLOWANCE TO WHICH YOU WERE ENTITLED AS AN ENLISTED MAN. YOU CONTEND THAT YOUR HOME OF RECORD WAS LONG BEACH. IN THIS CONNECTION YOU HAVE FURNISHED A COPY OF LETTER DATED JULY 1. WERE IN ERROR IN SHOWING THAT YOUR HOME OF RECORD AT LAST ENLISTMENT WAS AMSTERDAM. THAT IT WAS TERRE HAUTE.

B-119119, JUL 20, 1954

PRECIS-UNAVAILABLE

MR. WILLIAM H. EDWARDS:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1954, RETURNING TREASURY CHECK IN THE SUM OF $1.14 AND REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 27, 1953, WHICH ALLOWED SAID SUM AS ADDITIONAL MILEAGE INCIDENT TO YOUR SERVICE AS CHIEF MACHINIST, U.S. NAVY.

BY ORDERS DATED JUNE 8, 1946, YOUR TEMPORARY APPOINTMENT AS AN OFFICER WAS TERMINATED AND YOU WERE TRANSFERRED TO THE FLEET RESERVE AND RELIEVED OF ALL ACTIVE DUTY. THE ORDERS STATED THAT YOU WERE ACCEPTED FOR LAST ENLISTMENT AT PEARL HARBOR, TERRITORY OF HAWAII, AND THAT YOUR HOME OF RECORD AT THAT TIME WAS AMSTERDAM, NEW YORK. THE RECORD SHOWS THAT YOUR LAST DUTY STATION WAS CHICKASAW, ALABAMA; THAT YOU TRAVELED FROM MOBILE, ALABAMA, TO LONG BEACH, CALIFORNIA, JULY 1 TO 5, 1946, AND THAT YOU WERE PAID $107.80, REPRESENTING MILEAGE AT 5 CENTS PER MILE FOR 2,156 MILES FROM LAST STATION TO WILMINGTON, CALIFORNIA, PORT OF EMBARKATION FOR PLACE OF ENLISTMENT, THE ALLOWANCE TO WHICH YOU WERE ENTITLED AS AN ENLISTED MAN. YOU CLAIMED ADDITIONAL MILEAGE FOR TRAVEL AS AN OFFICER, AND THE AMOUNT ALLOWED BY THE SETTLEMENT REPRESENTED MILEAGE AT 8 CENTS PER MILE FOR 1,406 MILES LESS 3 CENTS PER MILE FOR 118 LAND-GRANT MILES FROM CHICKASAW, ALABAMA, TO AMSTERDAM, NEW YORK. YOU CONTEND THAT YOUR HOME OF RECORD WAS LONG BEACH, CALIFORNIA, AND IN THIS CONNECTION YOU HAVE FURNISHED A COPY OF LETTER DATED JULY 1, 1946, TO THE CHIEF OF NAVAL PERSONNEL, IN WHICH YOU STATED THAT THE ORDERS OF JUNE 8, 1946, WERE IN ERROR IN SHOWING THAT YOUR HOME OF RECORD AT LAST ENLISTMENT WAS AMSTERDAM, NEW YORK; THAT IT WAS TERRE HAUTE, INDIANA, AND THAT IT LATER WAS CHANGED TO LONG BEACH.

IN VIEW OF YOUR ALLEGATION, THE CHIEF OF NAVAL PERSONNEL WAS REQUESTED TO FURNISH A REPORT AS TO YOUR HOME OF RECORD AT TIME OF LAST ENLISTMENT PRIOR TO THE ORDERS OF JUNE 8, 1946, ATTENTION BEING INVITED TO THOSE ORDERS AND TO YOUR LETTERS OF JULY 1, 1946 AND JANUARY 12, 1954. LETTER OF MAY 11, 1954, THE CHIEF OF NAVAL PERSONNEL ADVISED THIS OFFICE THAT YOUR HOME OF RECORD ON JUNE 20, 1943, DATE OF LAST ENLISTMENT, WAS TERRE HAUTE, INDIANA.

UPON TRANSFER TO THE FLEET RESERVE AND RELEASE FROM ACTIVE DUTY YOU BECAME ENTITLED TO MILEAGE FOR TRAVEL AS AN OFFICER FROM YOUR LAST STATION TO YOUR HOME OF RECORD. RAY V. UNITED STATES, 123 C. CLS. 10. SINCE IT NOW IS CLEARLY ESTABLISHED THAT YOUR HOME OF RECORD WHEN THE RELEVANT TOUR OF ACTIVE DUTY BEGAN WAS TERRE HAUTE, INDIANA, AND SINCE ANY SUBSEQUENT CHANGE WOULD NOT AFFECT YOUR RIGHTS, THE AMOUNT TO WHICH YOU WERE ENTITLED FOR TRAVEL AS AN OFFICER WAS $54.02 (733 MILES AT 8 CENTS PER MILE LESS 154 LAND-GRANT MILES AT 3 CENTS PER MILE). SINCE THIS IS LESS THAN YOU WERE PAID FOR TRAVEL AS AN ENLISTED MAN, NO ADDITIONAL AMOUNT IS DUE YOU AND THERE WAS NO AUTHORITY FOR PAYMENT OF THE AMOUNT ALLOWED BY THE SETTLEMENT.

ACCORDINGLY, TREASURY CHECK NO. 22,299,883, DATED NOVEMBER 3, 1953, IN THE AMOUNT OF $1.14 WILL BE CANCELLED.