B-125378, DEC. 14, 1955

B-125378: Dec 14, 1955

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ALBERT BUCHANAN: REFERENCE IS MADE TO YOUR UNDATED COMMUNICATION RECEIVED HERE ON AUGUST 1. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 5. THAT YOU WERE INDUCTED INTO THE SERVICE ON FEBRUARY 17. YOU WERE DISCHARGED AT INDIANTOWN GAP MILITARY RESERVATION. THAT YOU WERE ENLISTED ON AUGUST 19. THAT YOU WERE DISCHARGED ON THAT DATE AT HOFF GENERAL HOSPITAL. APPARENTLY THE WAIVER EXECUTED BY YOU WAIVING ALL RIGHTS TO TRAVEL ALLOWANCE IN EXCESS OF 500 MILES WAS IN CONSIDERATION OF BEING PERMITTED TO ENLIST IN THE AIR CORPS AND TO BE ASSIGNED TO JEFFERSON BARRACKS. SUCH WAIVERS HAVE BEEN RECOGNIZED BY OUR OFFICE AS LIMITING AN ENLISTED MAN'S RIGHT TO TRAVEL ALLOWANCE. 3 COMP. SINCE YOU WERE PAID TRAVEL ALLOWANCE IN THE AMOUNT OF $25 (500 MILES AT FIVE CENTS PER MILE) NO FURTHER SUM IS DUE YOU FOR TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE ON DECEMBER 22.

B-125378, DEC. 14, 1955

TO MR. ALBERT BUCHANAN:

REFERENCE IS MADE TO YOUR UNDATED COMMUNICATION RECEIVED HERE ON AUGUST 1, 1955, CONCERNING YOUR CLAIM FOR TRAVEL ALLOWANCE BELIEVED TO BE DUE IN EXCESS OF THE $25 PAID TO YOU AT YOUR DISCHARGE ON DECEMBER 22, 1941, AS AN ENLISTED MAN, ARMY OF THE UNITED STATES.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 5, 1949, OF OUR CLAIMS DIVISION FOR THE REASON THAT YOU SIGNED A WAIVER WHICH WAIVED ALL RIGHTS TO TRAVEL PAY IN EXCESS OF 500 MILES, $25.

IT APPEARS FROM YOUR HONORABLE DISCHARGE CERTIFICATE DATED AUGUST 18, 1941, THAT YOU WERE INDUCTED INTO THE SERVICE ON FEBRUARY 17, 1941, AT WILKES-BARRE, PENNSYLVANIA; THAT ON AUGUST 18, 1941, YOU WERE DISCHARGED AT INDIANTOWN GAP MILITARY RESERVATION, PENNSYLVANIA, FOR THE CONVENIENCE OF THE GOVERNMENT TO REENLIST IN THE AIR CORPS, JEFFERSON BARRACKS, MISSOURI, FOR A PERIOD OF THREE YEARS, AND THAT YOU WERE ENLISTED ON AUGUST 19, 1941. IT FURTHER APPEARS FROM YOUR HONORABLE DISCHARGE CERTIFICATE DATED DECEMBER 22, 1941, THAT YOU WERE DISCHARGED ON THAT DATE AT HOFF GENERAL HOSPITAL, SANTA BARBARA, CALIFORNIA, ON A CERTIFICATE OF DISABILITY DISCHARGE. A NOTATION ON PAGE 13 OF YOUR SERVICE RECORD READS "8-19-41 TRAVEL PAY IN EXCESS OF 500 MILES, LAND DISTANCE WAIVED.' YOUR FINAL PAY STATEMENT BEARS A SIMILAR NOTATION.

APPARENTLY THE WAIVER EXECUTED BY YOU WAIVING ALL RIGHTS TO TRAVEL ALLOWANCE IN EXCESS OF 500 MILES WAS IN CONSIDERATION OF BEING PERMITTED TO ENLIST IN THE AIR CORPS AND TO BE ASSIGNED TO JEFFERSON BARRACKS, MISSOURI. SUCH WAIVERS HAVE BEEN RECOGNIZED BY OUR OFFICE AS LIMITING AN ENLISTED MAN'S RIGHT TO TRAVEL ALLOWANCE. 3 COMP. GEN. 207, ID. 534. SINCE YOU WERE PAID TRAVEL ALLOWANCE IN THE AMOUNT OF $25 (500 MILES AT FIVE CENTS PER MILE) NO FURTHER SUM IS DUE YOU FOR TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE ON DECEMBER 22, 1941.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 5, 1949, IS SUSTAINED.

YOUR DISCHARGE CERTIFICATES DATED AUGUST 18 AND DECEMBER 22, 1941, ARE RETURNED.