B-124219, AUG. 30, 1955

B-124219: Aug 30, 1955

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FIORENZA: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. THE RECORD SHOWS THAT YOU WERE DISCHARGED ON APRIL 22. WERE PAID $11.25. WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IT BEING STATED THEREIN THAT RECORDS FURNISHED US BY THE DEPARTMENT OF THE NAVY SHOW YOU WERE ACCEPTED FOR ENLISTMENT AT PETERSON. THAT YOUR HOME ADDRESS AT TIME OF ENLISTMENT WAS FAIRLAWN. IN YOUR PRESENT LETTER YOU STATE THAT YOUR HOME WAS. STILL IS. IS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. IS NOT APPLICABLE TO YOUR CLAIM FOR THE REASON THAT THE SAID SECTION 126 WAS FURTHER AMENDED BY SECTION 21 OF THE ACT OF AUGUST 2. IN EFFECT WHEN YOU WERE DISCHARGED. AS YOU WERE ADVISED IN THE SETTLEMENT OF JANUARY 31.

B-124219, AUG. 30, 1955

TO MR. MICHAEL A. FIORENZA:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1955, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 31, 1949, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FROM WASHINGTON, D.C., TO LOS ANGELES, CALIFORNIA, INCIDENT TO YOUR DISCHARGE AS SEAMAN, UNITED STATES NAVY.

THE RECORD SHOWS THAT YOU WERE DISCHARGED ON APRIL 22, 1948, AT WASHINGTON, D.C., AND WERE PAID $11.25, REPRESENTING MILEAGE AT 5 CENTS PER MILE FOR TRAVEL FROM THE CITY TO PLACE OF ENLISTMENT. YOUR CLAIM FOR ADDITIONAL MILEAGE BASED ON TRAVEL TO LOS ANGELES, CALIFORNIA, WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE, IT BEING STATED THEREIN THAT RECORDS FURNISHED US BY THE DEPARTMENT OF THE NAVY SHOW YOU WERE ACCEPTED FOR ENLISTMENT AT PETERSON, NEW JERSEY, AND THAT YOUR HOME ADDRESS AT TIME OF ENLISTMENT WAS FAIRLAWN, NEW JERSEY. IN YOUR PRESENT LETTER YOU STATE THAT YOUR HOME WAS, AND STILL IS, LOS ANGELES, CALIFORNIA, AND SUGGEST THAT SECTION 126 OF PUBLIC LAW 300, 65TH CONGRESS (ACT OF FEBRUARY 28, 1919, 40 STAT. 1203), IS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

THE ACT OF FEBRUARY 28, 1919, AMENDING SECTION 126 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 217, IS NOT APPLICABLE TO YOUR CLAIM FOR THE REASON THAT THE SAID SECTION 126 WAS FURTHER AMENDED BY SECTION 21 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 856. THE LATTER ACT, IN EFFECT WHEN YOU WERE DISCHARGED, PROVIDES THAT AN ENLISTED PERSON OF THE NAVY UPON DISCHARGE UNDER HONORABLE CONDITIONS SHALL, UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT MAY PRESCRIBE, RECEIVE 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE TO HIS HOME, OR PLACE OF ACCEPTANCE FOR ACTIVE DUTY, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, OR SUCH OTHER PLACE AS MAY BE DETERMINED BY THE HEAD OF THE DEPARTMENT. NAVY TRAVEL INSTRUCTIONS PROMULGATED PURSUANT TO SUCH AUTHORITY PROVIDE (PARAGRAPH 7500, CHANGE 4, DECEMBER 1947) THAT THE TERM "HOME" MEANS THE HOME ADDRESS AT THE TIME OF ENLISTMENT, INDUCTION, OR ASSIGNMENT TO ACTIVE DUTY.

THE CHIEF OF NAVAL PERSONNEL HAS REPORTED, AS YOU WERE ADVISED IN THE SETTLEMENT OF JANUARY 31, 1949, THAT YOU WERE ACCEPTED FOR ENLISTMENT AT PATERSON, NEW JERSEY, AND THAT YOUR HOME ADDRESS AT TIME OF ENLISTMENT WAS FAIRLAWN, NEW JERSEY (A SUBURB OF PATERSON). PRESUMABLY SUCH RECORD AS TO YOUR HOME WAS BASED ON INFORMATION FURNISHED BY YOU AT TIME OF ENLISTMENT. IN ANY EVENT, SINCE THE CHIEF OF NAVAL PERSONNEL IS THE OFFICIAL CUSTODIAN OF THE RECORDS OF NAVAL PERSONNEL, WE NECESSARILY MUST ACCEPT SUCH RECORDS, AS OFFICIALLY REPORTED, IN THE SETTLEMENT OF CLAIMS OF THIS NATURE.

SINCE YOU WERE PAID MILEAGE, ON THE BASIS OF THE OFFICIAL RECORDS, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 31, 1949, IS SUSTAINED.