B-119564, FEB 1, 1955

B-119564: Feb 1, 1955

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VRADENBURG: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14. WAS RELEASED TO INACTIVE DUTY LIMITED PAYMENT OF TRAVEL ALLOWANCE TO THE DISTANCE FROM THE PLACE OF RELEASE TO THE PLACE OF ACCEPTANCE FOR LAST ENLISTMENT. YOU STATE THAT YOUR SON WAS "RETIRED" AND NOT MERELY "RELEASED TO INACTIVE DUTY. " AND HENCE TRAVEL ALLOWANCE IS PAYABLE FROM NORFOLK. YOU WILL TRAVEL TO YOUR HOME AND UPON ARRIVAL YOU WILL CONSIDER YOURSELF RELEASED FROM ALL ACTIVE DUTY. "2. YOUR PERMANENT HOME ADDRESS AS GIVEN BY YOU IS AS FOLLOWS: SAUK RAPIDS. STATED THAT CHIEF QUARTERMASTER VRADENBURG WAS ACCEPTED AND ENLISTED IN THE UNITED STATES NAVY AT BOSTON. THAT HIS HOME ADDRESS AT THAT TIME WAS ST. THAT HE WAS TRANSFERRED TO THE FLEET RESERVE ON JUNE 26.

B-119564, FEB 1, 1955

PRECIS-UNAVAILABLE

MR. AND MRS. WILBUR C. VRADENBURG:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 14, 1954, REQUESTING REVIEW OF THAT PART OF SETTLEMENTS DATED JANUARY 18 AND APRIL 3, 1950, CERTIFICATE NOS. 1811600 AND 1833846, WHICH STATED THAT REGULATIONS IN EFFECT AT THE TIME YOUR DECEASED SON, CHIEF QUARTERMASTER, UNITED STATES FLEET RESERVE, WAS RELEASED TO INACTIVE DUTY LIMITED PAYMENT OF TRAVEL ALLOWANCE TO THE DISTANCE FROM THE PLACE OF RELEASE TO THE PLACE OF ACCEPTANCE FOR LAST ENLISTMENT. THE AMOUNT ALLOWED IN THE SAID SETTLEMENTS REPRESENTED TRAVEL ALLOWANCE FROM NORFOLK, VIRGINIA, PLACE OF RELEASE, TO BOSTON, MASSACHUSETTS, PLACE OF ACCEPTANCE FOR LAST ENLISTMENT.

YOU STATE THAT YOUR SON WAS "RETIRED" AND NOT MERELY "RELEASED TO INACTIVE DUTY," AND HENCE TRAVEL ALLOWANCE IS PAYABLE FROM NORFOLK, VIRGINIA, TO SAUK RAPIDS, MINNESOTA, HOME OF RECORD, LESS THE AMOUNT ALLOWED IN THE SETTLEMENTS.

PARAGRAPHS 1 AND 2 OF ORDERS ADDRESSED TO YOUR SON DATED SEPTEMBER 3, 1945, RECEIVING STATION, NAVAL OPERATING BASE, NORFOLK, VIRGINIA, PROVIDE:

"1. IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN REFERENCE (A) AND WHEN ORDERED BY THE PROPER AUTHORITY THIS DATE, YOU WILL TRAVEL TO YOUR HOME AND UPON ARRIVAL YOU WILL CONSIDER YOURSELF RELEASED FROM ALL ACTIVE DUTY.

"2. YOUR PERMANENT HOME ADDRESS AS GIVEN BY YOU IS AS FOLLOWS:

SAUK RAPIDS, MINNESOTA,

C/O P.O." IN A REPORT DATED SEPTEMBER 14, 1949, THE BUREAU OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, WASHINGTON, D.C., STATED THAT CHIEF QUARTERMASTER VRADENBURG WAS ACCEPTED AND ENLISTED IN THE UNITED STATES NAVY AT BOSTON, MASSACHUSETTS, ON JANUARY 17, 1942; THAT HIS HOME ADDRESS AT THAT TIME WAS ST. CLOUD, MINNESOTA; THAT HE WAS TRANSFERRED TO THE FLEET RESERVE ON JUNE 26, 1945, AND RETAINED ON ACTIVE DUTY; AND THAT HE WAS RELEASED FROM ACTIVE DUTY ON SEPTEMBER 3, 1945, AT NORFOLK, VIRGINIA. THE REPORT CONCLUDED THAT "PAYMENT OF TRAVEL ALLOWANCE ON THE BASIS OF 5[ PER MILE IS APPROVED FROM NORFOLK, VIRGINIA, PLACE OF RELEASE FROM ACTIVE DUTY TO BOSTON, MASSACHUSETTS, PLACE OF ACCEPTANCE FOR LAST ENLISTMENT."

SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED BY THE ACT OF DECEMBER 14, 1942, 56 STAT. 1049, AUTHORIZED PAYMENT OF MILEAGE AT THE RATE OF FIVE CENTS PER MILE FOR THE DISTANCE INVOLVED, COMPUTED FROM THE PLACE OF RELIEF OR RELEASE "TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY," IN THE CASE OF ENLISTED MEN OF THE NAVAL RESERVE, WHICH INCLUDED MEMBERS OF THE FLEET RESERVE. PARAGRAPH 2 SEC-NAV LETTER 45 1028, DATED AUGUST 15, 1945, PUBLISHED IN NAVY DEPARTMENT BULLETIN DATED AUGUST 31, 1945, IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDES THAT A MAN TRANSFERRED TO THE FLEET RESERVE AT OTHER THAN NORMAL DATE OF EXPIRATION OF ENLISTMENT IN THE REGULAR NAVAL SERVICE AND RETAINED ON ACTIVE DUTY, IS ENTITLED UPON RELEASE FROM ACTIVE DUTY TO TRAVEL ALLOWANCE FROM PLACE OF RELEASE TO PLACE OF ACCEPTANCE FOR LAST ENLISTMENT. IT HAS BEEN HELD THAT THE PHRASE "THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY" AS USED IN THE ABOVE ACT OF DECEMBER 14, 1942, IS THE PLACE AT WHICH THE MAN WAS ACCEPTED FOR HIS LAST ENLISTMENT. 23 COMP. GEN. 117.

SINCE YOUR SON, AS A MEMBER OF THE FLEET RESERVE, WAS "RELEASED FROM ALL ACTIVE DUTY" BY ORDERS DATED SEPTEMBER 3, 1945, AT NORFOLK, VIRGINIA, AND SINCE THE PLACE OF ACCEPTANCE FOR HIS LAST ENLISTMENT WAS BOSTON, MASSACHUSETTS, HE WAS ENTITLED, UNDER THE CITED LAW AND REGULATIONS, IN EFFECT AT THAT TIME, TO TRAVEL ALLOWANCE AT THE RATE OF FIVE CENTS PER MILE ONLY FROM NORFOLK, VIRGINIA, TO BOSTON, MASSACHUSETTS. MOREOVER, GENERALLY, AN ENLISTED MAN OF THE REGULAR NAVY UPON TRANSFER TO THE FLEET RESERVE TO AN INACTIVE DUTY STATUS IS NOT "RETIRED" AS SUCH, BUT HE IS MERELY RELEASED FROM ACTIVE DUTY SUBJECT TO THE LAWS AND REGULATIONS GOVERNING THE NAVY.

ACCORDINGLY, THE SETTLEMENTS OF JANUARY 18 AND APRIL 3, 1950, WERE CORRECT AND MUST BE SUSTAINED.