B-129046, SEP. 26, 1956

B-129046: Sep 26, 1956

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KNEELAND: REFERENCE IS MADE TO YOUR LETTER DATED JULY (AUGUST) 3. YOU STATE THAT YOUR HOME HAS BEEN IN MEXICO SINCE YOU WERE ONE MONTH OLD AND THAT YOU REGISTERED FOR THE SELECTIVE SERVICE IN NEW ORLEANS DURING A SHORT STAY IN THAT CITY. YOU WERE ORDERED TO REPORT TO AN INDUCTION STATION IN NEW ORLEANS ON MARCH 5. THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED WERE INCURRED IN COMPLYING WITH THOSE ORDERS. WHICH PRESUMABLY IS THE SECTION UPON WHICH YOU BASE YOUR CLAIM. SUCH PROVISIONS ARE AUTHORITY FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ONLY. SINCE YOU WERE NOT INDUCTED INTO THE ARMY UNTIL AFTER YOU REPORTED TO THE INDUCTION STATION AT NEW ORLEANS.

B-129046, SEP. 26, 1956

TO MR. RUSSELL J. KNEELAND:

REFERENCE IS MADE TO YOUR LETTER DATED JULY (AUGUST) 3, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 24, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRAVEL EXPENSES INCURRED IN PROCEEDING FROM YOUR HOME AT MEXICO CITY, MEXICO, TO NEW ORLEANS, LOUISIANA, FOR THE PURPOSE OF REPORTING FOR INDUCTION INTO THE ARMED FORCES OF THE UNITED STATES.

YOU STATE THAT YOUR HOME HAS BEEN IN MEXICO SINCE YOU WERE ONE MONTH OLD AND THAT YOU REGISTERED FOR THE SELECTIVE SERVICE IN NEW ORLEANS DURING A SHORT STAY IN THAT CITY. IN LETTER ORDERS FROM YOUR LOCAL BOARD IN NEW ORLEANS DATED FEBRUARY 20, 1952, ADDRESSED TO YOU AT MEXICO CITY, YOU WERE ORDERED TO REPORT TO AN INDUCTION STATION IN NEW ORLEANS ON MARCH 5, 1952, FOR EXAMINATION AND INDUCTION INTO A BRANCH OF THE ARMED FORCES. THE EXPENSES FOR WHICH REIMBURSEMENT IS CLAIMED WERE INCURRED IN COMPLYING WITH THOSE ORDERS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH PRESUMABLY IS THE SECTION UPON WHICH YOU BASE YOUR CLAIM, PROVIDES:

"UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS * * * (2) UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION, FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION * * *.'

SUCH PROVISIONS ARE AUTHORITY FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES ONLY. CONSEQUENTLY, SINCE YOU WERE NOT INDUCTED INTO THE ARMY UNTIL AFTER YOU REPORTED TO THE INDUCTION STATION AT NEW ORLEANS, THEY CANNOT BE CONSIDERED AS AUTHORITY FOR PAYMENT OF THE EXPENSES OF THE TRAVEL IN QUESTION, SUCH TRAVEL HAVING BEEN PERFORMED BY YOU WHILE YOU WERE IN A CIVILIAN STATUS. IT WILL BE NOTED IN THAT CONNECTION THAT THE JOINT TRAVEL REGULATIONS, CONTAINING REGULATIONS PROMULGATED UNDER THE QUOTED STATUTORY PROVISIONS, PROVIDE (PARAGRAPH 5052) FOR TRAVEL AT GOVERNMENT EXPENSE IN CONNECTION WITH INDUCTION INTO THE SERVICE ONLY FROM THE PLACE OF INDUCTION, WHERE THE INDUCTEE FIRST BECOMES A MEMBER OF THE ARMED FORCES, TO THE FIRST DUTY STATION.

THE DUTY OF REPORTING TO A LOCAL DRAFT BOARD OR INDUCTION STATION FOR INDUCTION INTO THE MILITARY SERVICE HAS BEEN CONSIDERED A PERSONAL OBLIGATION OF ALL CITIZENS OF DRAFT AGE, AND CONSEQUENTLY IT HAS BEEN HELD THAT PUBLIC FUNDS ARE NOT AVAILABLE FOR EXPENSES OF PROCEEDING TO THE POINT OF INDUCTION. 24 COMP. GEN. 472. IT IS CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 24, 1956, IS SUSTAINED.