B-120477, JUL 23, 1954

B-120477: Jul 23, 1954

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PARADIS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 15. YOU WERE PAID $7.44 AS TRAVEL ALLOWANCE FROM NEW YORK. SUCH PAYMENT WAS IN ACCORDANCE WITH PARAGRAPH 4154. PROVIDING THAT WHEN AN ENLISTED MAN WAS DISCHARGED AT AN OVERSEAS STATION AND NO TRAVEL WAS TO BE PERFORMED. SINCE YOU WERE 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. WAS CORRECT AND IS SUSTAINED.

B-120477, JUL 23, 1954

PRECIS-UNAVAILABLE

WALLACE V. PARADIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 25, 1953, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE, INCIDENT TO YOUR DISCHARGE FROM THE AIR FORCE AT AN OVERSEAS STATION ON OCTOBER 31, 1951, AND YOUR REENLISTMENT ON THE FOLLOWING DAY.

IT APPEARS THAT, INCIDENT TO THE ABOVE DISCHARGE, YOU WERE PAID $7.44 AS TRAVEL ALLOWANCE FROM NEW YORK, NEW YORK, TO GROTON, CONNECTICUT, YOUR HOME WHEN YOU ENTERED THE SERVICE. SUCH PAYMENT WAS IN ACCORDANCE WITH PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF YOUR DISCHARGE, PROVIDING THAT WHEN AN ENLISTED MAN WAS DISCHARGED AT AN OVERSEAS STATION AND NO TRAVEL WAS TO BE PERFORMED, HE WOULD BE PAID TRAVEL ALLOWANCE COMPUTED ON THE DISTANCE FROM THE PORT OF DEBARKATION NEAREST THE PLACE SELECTED OR AUTHORIZED AS HIS HOME.

YOU REFER TO CHANGE NO. 2, AUGUST 1, 1952, TO THE JOINT TRAVEL REGULATIONS AS ENTITLING YOU TO TRAVEL ALLOWANCE FROM A PORT OF DEBARKATION ON THE WEST COAST TO GROTON, CONNECTICUT. THE SAID CHANGE APPEARS TO BE BASED UPON INSTRUCTION MEMORANDUM 2-3, DATED DECEMBER 1, 1951, PURPORTING TO AMEND PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, RETROACTIVELY TO AUGUST 1, 1951.

UNDER THE REGULATIONS IN EFFECT ON THE DATE OF YOUR DISCHARGE, ISSUED UNDER STATUTORY AUTHORITY CONTAINED IN SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE AS PROVIDED THEREIN, AND SUBSEQUENT REGULATIONS MAY NOT BE MADE RETROACTIVELY EFFECTIVE SO AS TO INCREASE OR DIMINISH THAT VESTED RIGHT. SINCE YOU WERE 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 MAY 25, 1953, WAS CORRECT AND IS SUSTAINED.