B-128946, SEP. 26, 1956

B-128946: Sep 26, 1956

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CAREY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 25. YOU WERE RELEASED AND ORDERED TO YOUR HOME. YOU WERE TO PROCEED FROM YOUR HOME AND REPORT TO THE NAVAL RESERVE MIDSHIPMAN'S SCHOOL. THAT TRAVEL FROM YOUR HOME TO THE NEXT DESIGNATED PLACE OF DUTY WAS AUTHORIZED BY PRIVATELY OWNED VEHICLE SUBJECT TO REIMBURSEMENT AT THREE CENTS PER MILE PLUS SUBSISTENCE. 1940) YOU EXECUTED A STATEMENT IN WHICH YOU AVERRED THAT THE HOME ADDRESS SHOWN IN YOUR SERVICE RECORD IS ERRONEOUS IN THAT YOUR CORRECT HOME ADDRESS IS GLENDALE. YOU FURTHER STATED YOU UNDERSTOOD YOU WERE ENTITLED TO REIMBURSEMENT TO YOUR HOME ADDRESS ONLY. THAT IF YOUR SERVICE RECORD WAS NOT CHANGED YOU WOULD HAVE NO CLAIM UPON THE GOVERNMENT FOR TRANSPORTATION OR SUBSISTENCE IN EXCESS OF THAT FROM NEW YORK.

B-128946, SEP. 26, 1956

TO MR. SYLVESTER P. CAREY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1956, RETURNING TREASURY CHECK (NO. 414,736, DATED FEBRUARY 13, 1956) IN THE SUM OF $48.24, AND REQUESTING REVIEW OF THE SETTLEMENTS OF FEBRUARY 6, 1956, WHICH ALLOWED YOU $40.74 AND $7.50 AS REIMBURSEMENT FOR CERTAIN TRAVEL PERFORMED BY YOU AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED NOVEMBER 23, 1940, U.S.S. WICHITA, NEW YORK, NEW YORK, HAVING COMPLETED 30 DAYS' TRAINING WITHOUT PAY, YOU WERE RELEASED AND ORDERED TO YOUR HOME, NEW LONDON, WISCONSIN. THE ORDERS FURTHER PROVIDED THAT, HAVING BEEN RECOMMENDED FOR AN ADDITIONAL TRAINING PERIOD, YOU WERE TO PROCEED FROM YOUR HOME AND REPORT TO THE NAVAL RESERVE MIDSHIPMAN'S SCHOOL, CHICAGO, ILLINOIS, ON MARCH 17, 1941. THE ORDERS PROVIDED THAT TRANSPORTATION AND SUBSISTENCE WOULD BE FURNISHED FOR TRAVEL TO YOUR HOME, AND THAT TRAVEL FROM YOUR HOME TO THE NEXT DESIGNATED PLACE OF DUTY WAS AUTHORIZED BY PRIVATELY OWNED VEHICLE SUBJECT TO REIMBURSEMENT AT THREE CENTS PER MILE PLUS SUBSISTENCE.

THE RECORD SHOWS, HOWEVER, THAT YOU DECLINED TRANSPORTATION TO NEW LONDON, AND THAT (APPARENTLY ON NOVEMBER 23, 1940) YOU EXECUTED A STATEMENT IN WHICH YOU AVERRED THAT THE HOME ADDRESS SHOWN IN YOUR SERVICE RECORD IS ERRONEOUS IN THAT YOUR CORRECT HOME ADDRESS IS GLENDALE, CALIFORNIA. YOU REQUESTED THAT YOUR SERVICE RECORD BE CORRECTED ACCORDINGLY, AND ASKED PERMISSION TO PROCEED TO GLENDALE SUBJECT TO CLAIM FOR REIMBURSEMENT. YOU FURTHER STATED YOU UNDERSTOOD YOU WERE ENTITLED TO REIMBURSEMENT TO YOUR HOME ADDRESS ONLY, AND THAT IF YOUR SERVICE RECORD WAS NOT CHANGED YOU WOULD HAVE NO CLAIM UPON THE GOVERNMENT FOR TRANSPORTATION OR SUBSISTENCE IN EXCESS OF THAT FROM NEW YORK, NEW YORK, TO NEW LONDON, WISCONSIN, AND FROM THE LATTER POINT TO CHICAGO, ILLINOIS, AND RETURN.

YOUR REQUEST FOR PERMISSION TO TRAVEL TO GLENDALE, CALIFORNIA, WAS APPROVED, AND YOU TRAVELED TO THAT POINT FROM NEW YORK, NEW YORK, DURING THE PERIOD NOVEMBER 24 TO DECEMBER 1, 1940. YOU TRAVELED FROM GLENDALE TO CHICAGO DURING THE PERIOD JANUARY 13 TO 17, 1941, AND RETURNED TO GLENDALE BETWEEN THE DATES OF APRIL 5 AND MAY 8, 1941. YOUR CLAIM, ORIGINALLY FILED HERE IN 1941, WAS NOT SETTLED UNTIL AFTER YOU REITERATED IT IN 1955 (WITH NEW ADDRESS) FOR THE REASON THAT AN ACKNOWLEDGMENT MAILED TO YOU AT GLENDALE ON MAY 17, 1941, WAS RETURNED BY POSTAL AUTHORITIES ,UNCLAIMED.'

THE AMOUNT ALLOWED BY THE SETTLEMENTS MENTIONED ABOVE CONSTITUTED REIMBURSEMENT ON A MILEAGE AND SUBSISTENCE BASIS COMPUTED ON THE DISTANCE FROM NEW YORK TO NEW LONDON, AND FROM THE LATTER POINT TO CHICAGO AND RETURN. YOUR REQUEST FOR REVIEW IS BASED ON THE ALLEGATION THAT YOUR HOME IS IN FACT GLENDALE, CALIFORNIA, AND, THEREFORE, THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR TRAVEL TO AND FROM THAT POINT.

AT THE TIME HERE INVOLVED THERE WAS IN EFFECT SECTION 315 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1184, WHICH PROVIDED THAT WHEN AUTHORIZED TRAINING WITHOUT PAY IS PERFORMED BY MEMBERS OF THE NAVAL RESERVE THEY MAY, IN THE DISCRETION OF THE SECRETARY, BE FURNISHED WITH TRANSPORTATION TO AND FROM SUCH DUTY, AND TO SUBSISTENCE EN ROUTE. IN YOUR CASE IT SEEMS CLEAR THAT YOU WERE TO BE FURNISHED TRANSPORTATION AND SUBSISTENCE TO YOUR HOME, AND THAT TRAVEL TO THE PLACE OF FURTHER DUTY WAS TO BE FROM YOUR HOME. ACCORDING TO THE RECORDS OF THE DEPARTMENT OF THE NAVY, YOUR HOME WHEN YOU WERE ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY, WAS NEW LONDON, WISCONSIN. ALTHOUGH YOU FREQUENTLY ALLEGED YOUR HOME WAS GLENDALE, CALIFORNIA (WHERE IT APPEARS YOU HAD BEEN RESIDING IN THE Y.M.C.A. SINCE MAY 1940), THE OFFICIAL RECORD WAS NOT CHANGED. IT LONG HAS BEEN THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT THE HOME OF A MEMBER OF THE NAVAL RESERVE IS THE PLACE RECORDED AS SUCH BY THE DEPARTMENT OF THE NAVY WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. SINCE YOUR HOME OF RECORD WHEN ORDERED TO THE TOUR OF ACTIVE DUTY HERE INVOLVED WAS NEW LONDON, WISCONSIN, THE SETTLEMENTS OF FEBRUARY 6, 1956, WERE CORRECT AND ARE SUSTAINED.

THE CHECK IN THE SUM OF $48.24, AND YOUR COPIES OF THE PAID VOUCHERS ARE RETURNED HEREWITH.