B-126450, FEB. 13, 1956

B-126450, FEB. 13, 1956

TO MR. CHARLES F. TIRRELL, JR.:

YOUR LETTER OF DECEMBER 6, 1955, REQUESTS REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, TERRITORY OF HAWAII, INCIDENT TO YOUR DISCHARGE FROM THE ARMY ON APRIL 2, 1946, AS AN ENLISTED MAN.

THE RECORD SHOWS YOU WERE INDUCTED INTO THE ARMY OF THE UNITED STATES ON AUGUST 17, 1944, AT THE 13TH REPLACEMENT DEPOT, WAHIAWA, OAHU, AND THAT YOUR HOME ADDRESS WAS IN HILO, HAWAII. YOU WERE DISCHARGED FROM THE SERVICE AT FORT BLISS, TEXAS, ON APRIL 2, 1946, AND YOU WERE PAID MILEAGE FROM FORT BLISS, TEXAS TO SAN FRANCISCO, CALIFORNIA, AND FROM HONOLULU TO HILO, HAWAII.

IN YOUR LETTER OF DECEMBER 6, 1955, YOU SAY THAT YOU DID NOT WISH TO BE DISCHARGED ON THE WEST COAST AND THAT YOU WERE FORCED TO TRAVEL VIA CIVILIAN TRANSPORTATION AT YOUR OWN EXPENSE BECAUSE THERE WAS NO MILITARY TRANSPORTATION AVAILABLE.

AS STATED IN THE SETTLEMENT, TRAVEL ALLOWANCE WAS AUTHORIZED BY SECTION 126, ACT OF JUNE 3, 1916, AS AMENDED, 34 U.S.C., 1946 ED., 895, WHICH PROVIDES AS FOLLOWS:

"AN ENLISTED PERSON OF THE NAVY OR MARINE CORPS, INCLUDING RESERVE COMPONENTS THEREOF, UPON DISCHARGE EXCEPT BY WAY OF PUNISHMENT FOR AN OFFENSE, RETIREMENT, OR RELIEF FROM ACTIVE DUTY, SHALL, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY DEPARTMENT MAY PRESCRIBE FOR PERSONNEL UNDER HIS JURISDICTION, RECEIVE A MONEY ALLOWANCE OF 5 CENTS PER MILE FOR THE DISTANCE FROM THE PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY 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 TO BE MOST APPROPRIATE BY THE SECRETARY. FOR SEA TRAVEL INVOLVED IN TRAVEL BETWEEN PLACE OF DISCHARGE OR RELEASE FROM ACTIVE DUTY AND PLACE TO WHICH TRAVEL IS AUTHORIZED ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED.'

PARAGRAPH 41 (B) 2 OF ARMY REGULATIONS 35-4810, OCTOBER 8, 1945, PROVIDES:

"IN THE CASE OF A PERSON ENLISTED IN AN OVERSEA STATION AND DISCHARGED IN THE UNITED STATES, TRAVEL PAY WILL BE COMPUTED FROM THE PLACE OF DISCHARGE TO THE NEAREST REGULAR PORT OF CALL IN THE UNITED STATES FOR ARMY TRANSPORT AND FROM THE PORT OF DEBARKATION IN THE FOREIGN COUNTRY TO THE PLACE OF ACCEPTANCE.'

UNDER THE PROVISIONS OF THE ACT, AS AMENDED, AND THE QUOTED ARMY REGULATIONS, AN ENLISTED MAN IS ENTITLED TO FIVE CENTS A MILE FOR THE DISTANCE BETWEEN THE PLACE OF DISCHARGE AND THE PLACE OF ENLISTMENT, WITH THE EXCEPTION OF THAT PORTION OF THE DISTANCE WHERE SEA TRAVEL IS INVOLVED. FOR THE SEA TRAVEL INVOLVED HE IS ENTITLED ONLY TO TRANSPORTATION IN KIND AND SUBSISTENCE FROM THE PLACE OF HIS DISCHARGE TO THE NEAREST PORT WHERE TRANSPORT SERVICE IS AVAILABLE AND FROM THE PORT OF EMBARKATION TO THE PLACE OF HIS ENLISTMENT.

SINCE YOU HAVE RECEIVED THE FIVE CENTS A MILE TRAVEL ALLOWANCE FOR THE DISTANCE BETWEEN FORT BLISS AND SAN FRANCISCO AND BETWEEN HONOLULU AND HILO, AND SINCE THERE IS NO AUTHORITY OF LAW TO PAY SUCH A TRAVEL ALLOWANCE FOR THE SEA TRAVEL INVOLVED, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.