B-127832, JUL. 24, 1956

B-127832, JUL. 24, 1956

TO MR. LOUIS J. GESUALDO:

REFERENCE IS MADE TO YOUR LETTER, POSTMARKED MARCH 26, 1956, WRITTEN IN RESPONSE TO OUR REQUEST IN LETTER DATED, MARCH 6, 1956, FOR PAYMENT OF YOUR INDEBTEDNESS TO THE GOVERNMENT, IN THE AMOUNT OF $80, REPRESENTING AN OVERPAYMENT BY THE VETERANS ADMINISTRATION OF READJUSTMENT ALLOWANCE TO WHICH YOU WERE NOT ENTITLED DUE TO THE FACT THAT YOU WERE CONCURRENTLY PAID UNEMPLOYMENT COMPENSATION. YOU REQUEST THAT THE SUM OF SUCH INDEBTEDNESS BE DEDUCTED FROM AN AMOUNT BELIEVED TO BE DUE AS REIMBURSEMENT FOR FUNDS SPENT FOR YOUR PASSAGE FROM NAPLES, ITALY, TO THE UNITED STATES, INCIDENT TO YOUR DISCHARGE AS AN ENLISTED MEMBER OF THE ARMY OF THE UNITED STATES ON MARCH 29, 1946.

ORDERS OF HEADQUARTERS, 7TH REPLACEMENT DEPOT, UNITED STATES ARMY, APO 782, DATED MARCH 28, 1946, STATED THAT YOU WERE HONORABLY DISCHARGED FROM THE ARMY OF THE UNITED STATES, EFFECTIVE MARCH 29, 1946,"FOR THE PURPOSE OF ASSUMING FUNCTIONAL RESPONSIBILITY OF PERSONAL PROPERTY IN THIS THEATER.' IN LETTER POSTMARKED MAY 17, 1947, SUBMITTED HERE IN CONNECTION WITH YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL FROM NAPLES TO THE UNITED STATES, YOU STATED THAT YOU OBTAINED YOUR DISCHARGE AT NAPLES SO THAT YOU COULD RETURN TO THE UNITED STATES WITH YOUR WIFE AND CHILD, SUCH ACTION BEING NECESSARY BECAUSE "THE AMERICAN RED CROSS WORKED SO SLOW AT GETTING BRIDES ME.' IN SETTLEMENT DATED JULY 25, 1947, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU DID NOT UTILIZE THE GOVERNMENT WATER TRANSPORTATION THAT WOULD HAVE BEEN AVAILABLE TO YOU AT THE TIME OF YOUR DISCHARGE.

SECTION 126 OF THE NATIONAL DEFENSE ACT, 39 STAT. 217, AS AMENDED, IN EFFECT AT THE TIME OF YOUR DISCHARGE, PROVIDED THAT WHERE SEA TRAVEL IS INVOLVED BETWEEN THE PLACE OF DISCHARGE AND THE PLACE TO WHICH THE ENLISTED MAN IS ENTITLED TO TRANSPORTATION ON DISCHARGE,"ONLY TRANSPORTATION IN KIND AND SUBSISTENCE EN ROUTE SHALL BE ALLOWED.' PARAGRAPH 41, ARMY REGULATIONS 35-4810, MARCH 16,1946, PROVIDES THAT GOVERNMENT TRANSPORTATION FOR SEA TRAVEL IS FURNISHED IN ANY CASE OF SEPARATION FROM THE SERVICE WHERE SEA TRAVEL IS NECESSARY TO RETURN AN INDIVIDUAL TO THE PLACE OF HIS ACCEPTANCE INTO THE SERVICE, AND THAT WHERE AN ENLISTED MAN DOES NOT AVAIL HIMSELF OF GOVERNMENT WATER TRANSPORTATION AT THE TIME OF HIS SEPARATION "IT IS CONSIDERED THAT THE GOVERNMENT HAS DISCHARGED ITS OBLIGATION AND WILL NOT AT A LATER DATE FURNISH SUCH ANSPORTATION.'

IT APPEARS THAT YOU DID NOT AVAIL YOURSELF OF THE GOVERNMENT WATER TRANSPORTATION WHICH NORMALLY WOULD HAVE BEEN FURNISHED TO YOU ON YOUR DISCHARGE BECAUSE OF A DESIRE TO TRAVEL AT ANOTHER TIME TO ACCOMPANY YOUR FAMILY. UNDER SUCH CIRCUMSTANCES, THE GOVERNMENT'S OBLIGATION TO FURNISH TRANSPORTATION IN KIND WAS DISCHARGED, AND NO AUTHORITY EXISTS UNDER THE STATUTE TO REIMBURSE YOU FOR TRANSPORTATION OBTAINED IN ANY OTHER MANNER. THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND, ACCORDINGLY, THE SETTLEMENT OF JULY 25, 1947, IS SUSTAINED.

IT IS REQUESTED THAT PAYMENT OF YOUR INDEBTEDNESS OF $80, OR AN INITIAL INSTALLMENT PAYMENT THEREON TOGETHER WITH A PLAN FOR THE SETTLEMENT OF THE BALANCE, BE FORWARDED TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., WITHOUT FURTHER DELAY.