B-127005, FEB. 24, 1956

B-127005: Feb 24, 1956

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WILL BE CONSIDERED AS REQUESTING A REVIEW OF OUR SETTLEMENT OF OCTOBER 11. YOUR DISCHARGE WAS EFFECTED UNDER THE PROVISIONS OF PARAGRAPH 51. STATED THAT YOU WERE ENTITLED TO A LUMP-SUM CASH SETTLEMENT OF ACCRUED LEAVE PAY AND ALLOWANCES. THE RECORDS SHOW THAT AT THE TIME OF YOUR DISCHARGE YOU WERE PAID A TRAVEL ALLOWANCE FOR THE DISTANCE FROM THE PARKS AIR FORCE BASE TO SAN BERNARDINO. IT IS YOUR CONTENTION THAT AN ERROR WAS MADE IN YOUR RECORDS IN SHOWING SAN BERNARDINO AS YOUR HOME SINCE YOU WERE BORN IN PANAMA CITY. SINCE YOU WERE GIVEN TRAVEL PAY TO PANAMA CITY WHEN DISCHARGED FROM THE SERVICE IN 1950. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

B-127005, FEB. 24, 1956

TO MR. BILLY E. CANINGTON:

YOUR LETTER OF JANUARY 7, 1955 (1956), CONCERNING YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE UPON YOUR DISCHARGE AS AN ENLISTED MEMBER OF THE U.S. AIR FORCE ON SEPTEMBER 24, 1953, FORWARDED HERE BY THE HONORABLE ROBERT L. F. SIKES, HOUSE OF REPRESENTATIVES, WILL BE CONSIDERED AS REQUESTING A REVIEW OF OUR SETTLEMENT OF OCTOBER 11, 1954, WHICH DISALLOWED YOUR CLAIM.

YOUR DISCHARGE WAS EFFECTED UNDER THE PROVISIONS OF PARAGRAPH 51, SPECIAL ORDERS NO. 73, 2354TH PERSONNEL PROCESSING SQUADRON (RETURNEE), 2349TH PERSONNEL PROCESSING GROUP (AF) (CONAC), PARKS AIR FORCE BASE, CALIFORNIA, DATED SEPTEMBER 22, 1953, WHICH ANNOUNCED YOUR DISCHARGE EFFECTIVE SEPTEMBER 24, 1953, AND STATED THAT YOU WERE ENTITLED TO A LUMP-SUM CASH SETTLEMENT OF ACCRUED LEAVE PAY AND ALLOWANCES, INCLUDING TRAVEL PAY TO YOUR HOME OF RECORD, 4184 MOUNTAIN DRIVE, SAN BERNARDINO, CALIFORNIA. THE RECORDS SHOW THAT AT THE TIME OF YOUR DISCHARGE YOU WERE PAID A TRAVEL ALLOWANCE FOR THE DISTANCE FROM THE PARKS AIR FORCE BASE TO SAN BERNARDINO, 477 MILES, IN THE SUM OF $28.62. IT IS YOUR CONTENTION THAT AN ERROR WAS MADE IN YOUR RECORDS IN SHOWING SAN BERNARDINO AS YOUR HOME SINCE YOU WERE BORN IN PANAMA CITY, FLORIDA, AND LIVED IN FLORIDA ALL OF YOUR LIFE, AND SINCE YOU WERE GIVEN TRAVEL PAY TO PANAMA CITY WHEN DISCHARGED FROM THE SERVICE IN 1950.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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 CONDITIONS UNDER WHICH SUCH ALLOWANCES SHALL BE AUTHORIZED. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4156 OF THOSE REGULATIONS, CASE 9, DATED JULY 1, 1953, IN EFFECT ON THE DATE OF YOUR DISCHARGE, AUTHORIZES THE PAYMENT TO AN ENLISTED MEMBER OF THE REGULAR SERVICES SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS OF MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, AS HE MAY ELECT. FOR SUCH PURPOSE, IN CASES INVOLVING REENLISTMENTS, PARAGRAPH 1150-3 DEFINES THE TERM "HOME" AS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN REENLISTED. SINCE FOR OBVIOUS REASONS THE CHOICE AND SELECTION OF A HOME SITE IS A PERSONAL MATTER, HOME LOCATIONS ARE RECORDED BY THE MILITARY SERVICES UPON ENLISTMENT OR OTHER ENTRY OR REENTRY INTO THE SERVICE ON THE BASIS OF PERSONAL REPRESENTATIONS OF THE MEMBERS. PRESUMABLY THE RECORDING OF YOUR HOME AS AT SAN BERNARDINO WAS ON THE BASIS OF YOUR REPRESENTATIONS IN THE MATTER. IT IS FURTHER PROVIDED IN PARAGRAPH 1150-3, HOWEVER, THAT "TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE BASED ON THE OFFICIALLY CORRECTED RECORDING IN THOSE INSTANCES WHEN, THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME.'

IN VIEW OF YOUR CONTENTIONS OF ERROR IN THE AIR FORCE RECORDS, COPIES OF YOUR LETTERS OF OCTOBER 2, 1953, AND JANUARY 7, 1956, WERE FORWARDED TO THE AIR ADJUTANT GENERAL, DEPARTMENT OF THE AIR FORCE, WITH A REQUEST FOR INFORMATION WHETHER A BONA FIDE ERROR HAD BEEN MADE IN RECORDING YOUR HOME ADDRESS AND, IF SO, WHETHER CORRECTION OF THE RECORDS WOULD BE MADE IN ACCORDANCE WITH PARAGRAPH 1150-3 OF THE REGULATIONS. IN REPLY DATED FEBRUARY 9, 1956, THE DEPARTMENT OF THE AIR FORCE ADVISED OF THEIR DETERMINATION THAT "A BONA FIDE ERROR DID NOT EXIST REGARDING HOME ADDRESS AT TIME OF REENLISTMENT ON 10 DECEMBER 1950," AND, THEREFORE, THAT THERE WAS NO BASIS FOR THE CORRECTION OF THE RECORDS. ALSO, THERE WAS ENCLOSED A COPY OF A LETTER OF FEBRUARY 9, 1956, TO YOU OF SIMILAR IMPORT.

SINCE AT THE TIME OF YOUR DISCHARGE OF SEPTEMBER 24, 1953, YOUR HOME OF RECORD AND PLACE OF REENLISTMENT WERE AT SAN BERNARDINO, YOU WERE ENTITLED TO TRAVEL PAY ONLY FOR THE DISTANCE FROM YOUR LAST DUTY STATION TO THAT POINT, WHICH YOU HAVE RECEIVED. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 11, 1954, IS SUSTAINED.

REGARDING YOUR REQUEST FOR THE RETURN OF YOUR DISCHARGE CERTIFICATE YOU ARE ADVISED THAT SUCH CERTIFICATE HAS NOT BEEN RECEIVED IN THIS OFFICE. SINCE IT APPEARS THAT IT WAS SENT TO THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, AS AN ENCLOSURE WITH YOUR LETTER OF OCTOBER 2, 1953, REQUEST FOR ITS RETURN SHOULD BE MADE TO THAT OFFICE.