B-124850, OCT. 7, 1955

B-124850: Oct 7, 1955

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SHITABATA: REFERENCE IS MADE TO YOUR LETTER OF JUNE 28. THE RECORD SHOWS THAT YOU WERE DISCHARGED OUTSIDE THE UNITED STATES (APPARENTLY IN THE PACIFIC AREA) ON NOVEMBER 26. THAT YOU WERE PAID $1.80 REPRESENTING MILEAGE FROM NEW YORK. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM SEATTLE. IS BASED ON INSTRUCTION MEMORANDUM 2-3. 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. SINCE YOU WERE PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS WHEN YOU WERE DISCHARGED. THERE IS NO LEGAL BASIS OF THE ALLOWANCE OF ANY ADDITIONAL AMOUNT. WAS CORRECT AND IS SUSTAINED.

B-124850, OCT. 7, 1955

TO TECHNICAL SERGEANT WALTER T. SHITABATA:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 28, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 13, 1955, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE AND REENLISTMENT OVERSEAS.

THE RECORD SHOWS THAT YOU WERE DISCHARGED OUTSIDE THE UNITED STATES (APPARENTLY IN THE PACIFIC AREA) ON NOVEMBER 26, 1951; THAT YOU REENLISTED THE NEXT DAY, AND THAT YOU WERE PAID $1.80 REPRESENTING MILEAGE FROM NEW YORK, NEW YORK (PORT OF DEBARKATION NEAREST PLACE OF ENLISTMENT), TO CAMP KILMER (PLACE OF ENLISTMENT), IN ACCORDANCE WITH PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME. YOUR CONTENTION THAT YOU ARE ENTITLED TO MILEAGE FROM SEATTLE, WASHINGTON (A PORT OF DEBRAKATION ON THE WEST COAST), TO CAMP KILMER, NEW JERSEY, LESS THE PRIOR PAYMENT, IS BASED ON INSTRUCTION MEMORANDUM 2-3, DATED DECEMBER 1, 1951, PURPORTING TO AMEND PARAGRAPH 4154, JOINT TRAVEL REGULATIONS, RETROACTIVELY TO AUGUST 1, 1951.

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 YOU ACQUIRED A VESTED RIGHT TO TRAVEL ALLOWANCE AS THERE PRESCRIBED, AND SUBSEQUENT REGULATIONS MAY NOT INCREASE OR DIMINISH THAT VESTED RIGHT. SINCE YOU WERE PAID THE FULL AMOUNT AUTHORIZED BY THE REGULATIONS WHEN YOU WERE DISCHARGED, THERE IS NO LEGAL BASIS OF THE ALLOWANCE OF ANY ADDITIONAL AMOUNT.

ACCORDINGLY, THE SETTLEMENT OF JUNE 13, 1955, WAS CORRECT AND IS SUSTAINED.