B-119274, MAY 18, 1954

B-119274: May 18, 1954

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WINSTON GLENN WALKER: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2. YOU WERE PAID TRAVEL ALLOWANCE FOR THE DISTANCE BETWEEN BREMERTON AND SEATTLE IN THE AMOUNT OF 85 CENTS. YOU STATE THAT DURING YOUR ENLISTMENT YOUR SERVICE RECORD WAS CHANGED AT YOUR REQUEST TO SHOW COMPTON. THAT PRIOR TO YOUR DISCHARGE IT WAS CHANGED AGAIN TO SEATTLE. YOU CONTEND THAT COMPTON SHOULD BE CONSIDERED AS YOUR HOME AT DATE OF ENLISTMENT FOR THE REASON THAT IT WAS THE HOME OF YOUR PARENTS AND THAT YOU WERE UNDER 21 YEARS OF AGE. IS THE HOME OF HIS PARENTS RATHER THAN THE PLACE WHICH HE HIMSELF GIVES AS HIS HOME AT TIME OF ENLISTMENT. WAS RECORDED AS YOUR HOME AT TIME OF ENLISTMENT IN THAT CITY. SINCE YOU WERE PAID MILEAGE THERETO FROM PLACE OF DISCHARGE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

B-119274, MAY 18, 1954

PRECIS-UNAVAILABLE

MR. WINSTON GLENN WALKER:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 2, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE BASED ON THE DISTANCE BETWEEN BREMERTON, WASHINGTON, AND COMPTON, CALIFORNIA, INCIDENT TO YOUR SERVICE IN THE UNITED STATES NAVY, SERVICE NO. 386 08 62.

YOUR SERVICE RECORD SHOWS THAT YOU ENLISTED AT SEATTLE, WASHINGTON, ON DECEMBER 18, 1941, AT WHICH TIME YOU GAVE SEATTLE AS YOUR HOME, AND THAT UPON DISCHARGE ON JUNE 2, 1948, AT BREMERTON, WASHINGTON, YOU ELECTED TO RECEIVE TRAVEL ALLOWANCE TO SEATTLE. YOU WERE PAID TRAVEL ALLOWANCE FOR THE DISTANCE BETWEEN BREMERTON AND SEATTLE IN THE AMOUNT OF 85 CENTS.

YOU STATE THAT DURING YOUR ENLISTMENT YOUR SERVICE RECORD WAS CHANGED AT YOUR REQUEST TO SHOW COMPTON, CALIFORNIA, AS YOUR HOME; THAT PRIOR TO YOUR DISCHARGE IT WAS CHANGED AGAIN TO SEATTLE, AND YOU CONTEND THAT COMPTON SHOULD BE CONSIDERED AS YOUR HOME AT DATE OF ENLISTMENT FOR THE REASON THAT IT WAS THE HOME OF YOUR PARENTS AND THAT YOU WERE UNDER 21 YEARS OF AGE.

SECTION 21 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 856, AMENDED PRIOR LEGISLATION BY PROVIDING THAT AN ENLISTED PERSON OF THE NAVY, UPON DISCHARGE EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, SHALL, UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT MAY PRESCRIBE, RECEIVE A MONEY ALLOWANCE OF 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE TO HIS HOME OR PLACE OF ACCEPTANCE FOR ACTIVE DUTY. NAVY TRAVEL INSTRUCTIONS, PROMULGATED THEREUNDER PROVIDE THAT THE TERM "HOME" MEANS THE HOME ADDRESS OR RESIDENCE AT THE TIME OF ENLISTMENT. NEITHER THE ACT NOR THE REGULATIONS PROVIDE THAT THE HOME OF AN ENLISTED MAN, UNDER 21 YEARS OF AGE AT TIME OF ENLISTMENT, IS THE HOME OF HIS PARENTS RATHER THAN THE PLACE WHICH HE HIMSELF GIVES AS HIS HOME AT TIME OF ENLISTMENT.

INASMUCH AS SEATTLE, WASHINGTON, WAS RECORDED AS YOUR HOME AT TIME OF ENLISTMENT IN THAT CITY, AND SINCE YOU WERE PAID MILEAGE THERETO FROM PLACE OF DISCHARGE THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 26, 1954, IS SUSTAINED.