B-120122, JUL 19, 1954

B-120122: Jul 19, 1954

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USAF: REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 22. THE RECORD SHOWS THAT YOU WERE DISCHARGED ON AUGUST 10. THAT YOU WERE PAID $13.74 AS TRAVEL ALLOWANCE BASED ON THE DISTANCE FROM NEW YORK. THAT PAYMENT WAS IN CONFORMITY WITH PARAGRAPH 4154-2B. WHEN A MEMBER WAS DISCHARGED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND NO TRAVEL WAS TO BE PERFORMED. YOUR REQUEST FOR REVIEW IS BASED ON THE FACT THAT. ARE SIMILAR TO YOUR CLAIM. THE REGULATIONS FIXING THE AMOUNT OF TRAVEL ALLOWANCE AUTHORIZED TO BE PAID WHICH WERE IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT WERE ISSUED PURSUANT TO THAT STATUTORY AUTHORITY. THE CLAIM OF SERGEANT NAGLE TO WHICH YOU REFER IS TO BE DISTINGUISHED FROM YOUR CLAIM IN THAT HE WAS DISCHARGED ON DECEMBER 10.

B-120122, JUL 19, 1954

PRECIS-UNAVAILABLE

RONALD L. ARSENAULT, A/2C, USAF:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED APRIL 22, 1954, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT OF FEBRUARY 2, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS.

THE RECORD SHOWS THAT YOU WERE DISCHARGED ON AUGUST 10, 1951; THAT YOU REENLISTED THE NEXT DAY; AND THAT YOU WERE PAID $13.74 AS TRAVEL ALLOWANCE BASED ON THE DISTANCE FROM NEW YORK, NEW YORK (PORT OF DEBARKATION NEAREST HOME), TO BOSTON, MASSACHUSETTS (HOME). THAT PAYMENT WAS IN CONFORMITY WITH PARAGRAPH 4154-2B, JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, WHICH PROVIDED 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 OR AUTHORIZED FROM THE PORT OF DEBARKATION "NEAREST" THAT PLACE. YOUR REQUEST FOR REVIEW IS BASED ON THE FACT THAT, IN CONFORMITY WITH INSTRUCTION MEMORANDUM 2-3, DATED DECEMBER 1, 1951, STATED TO BE EFFECTIVE AUGUST 1, 1951, WHICH REVISED PARAGRAPH 4154 OF THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR THE COMPUTATION OF MILEAGE BASED ON THE DISTANCE FROM CERTAIN SPECIFIED PORTS OF DEBARKATION TO THE PLACE SELECTED OR AUTHORIZED, THIS OFFICE HAS ALLOWED SERGEANT CHARLES J. NAGLE, JR., USAF, MILEAGE FROM A PORT OF DEBARKATION ON THE WEST COAST TO BRIDGEPORT, CONNECTICUT (HOME), LESS A PRIOR PAYMENT, UNDER CIRCUMSTANCES WHICH, YOU ALLEGE, ARE SIMILAR TO YOUR CLAIM.

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. THE REGULATIONS FIXING THE AMOUNT OF TRAVEL ALLOWANCE AUTHORIZED TO BE PAID WHICH WERE IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT WERE ISSUED PURSUANT TO THAT STATUTORY AUTHORITY. UNDER THOSE REGULATIONS, UPON YOUR DISCHARGE ON AUGUST 10, 1951, YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE COMPUTED AS PROVIDED THEREIN AND THIS OFFICE KNOWS OF NO AUTHORITY UNDER WHICH SUBSEQUENT REGULATIONS MAY BE MADE RETROACTIVELY EFFECTIVE SO AS TO CHANGE SUCH A VESTED RIGHT. THE CLAIM OF SERGEANT NAGLE TO WHICH YOU REFER IS TO BE DISTINGUISHED FROM YOUR CLAIM IN THAT HE WAS DISCHARGED ON DECEMBER 10, 1951, AFTER THE ISSUANCE OF INSTRUCTION MEMORANDUM 2-3, ON DECEMBER 1, 1951. SINCE YOU HAVE BEEN 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 FEBRUARY 2, 1954, WAS CORRECT AND IS SUSTAINED.