B-129477, NOV. 14, 1956

B-129477: Nov 14, 1956

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WILL BE CONSIDERED AS REQUESTING THE REVIEW OF OUR SETTLEMENT OF JANUARY 31. BY WHICH SUCH CLAIM WAS DISALLOWED. YOU WERE DIRECTED TO PROCEED TO YOUR HOME OF RECORD AT NEW LONG. IT WAS STATED THAT YOU WOULD BE FURNISHED NECESSARY TRANSPORTATION BY THE TRANSPORTATION OFFICER TO ACCOMPLISH THAT TRAVEL. IT APPEARS THAT YOU WERE FURNISHED TRANSPORTATION REQUESTS FOR TRAVEL FROM YOUR LAST DUTY STATION TO NEW LONDON. DUE TO A STRIKE ON THE NEW YORK CENTRAL RAILROAD WHICH WAS IN EFFECT AT THE TIME YOU WERE DISCHARGED. PROVIDES IN PERTINENT PART AS FOLLOWS: " * * * THAT ANY MEMBER OF THE MILITARY OR NAVAL FORCES WHO IS HEREAFTER SEPARATED FROM ACTIVE SERVICE UNDER CONDITIONS OTHER THAN HONORABLE MAY BE FURNISHED TRANSPORTATION IN KIND AT GOVERNMENT EXPENSE FROM THE PLACE OF SEPARATION FROM ACTIVE SERVICE TO THE PLACE AT WHICH HE ENTERED UPON ACTIVE SERVICE OR HOME OF RECORD: * * *.'.

B-129477, NOV. 14, 1956

TO MR. DARWIN D. MITCHELL:

YOUR LETTERS OF AUGUST 29, 1956, FORWARDED HERE BY THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, WITH LETTER DATED SEPTEMBER 20, 1956, AND OF MARCH 9, 1954, FORWARDED BY THE SAME OFFICE WITH LETTER DATED SEPTEMBER 6, 1956, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCURRED IN YOUR TRAVEL FROM SPRINGFIELD, MASSACHUSETTS, TO YOUR HOME AT NEW LONDON, WISCONSIN, UPON DISCHARGE FROM THE UNITED STATES AIR FORCE, WILL BE CONSIDERED AS REQUESTING THE REVIEW OF OUR SETTLEMENT OF JANUARY 31, 1952, BY WHICH SUCH CLAIM WAS DISALLOWED.

ORDERS DATED FEBRUARY 1, 1951, WESTOVER AIR FORCE BASE, MASSACHUSETTS, PROVIDED THAT YOU WOULD BE DISCHARGED FROM THE AIR FORCE EFFECTIVE FEBRUARY 3, 1951, AND THAT YOU WOULD BE ISSUED AN UNDESIRABLE DISCHARGE. YOU WERE DIRECTED TO PROCEED TO YOUR HOME OF RECORD AT NEW LONG, WISCONSIN, AND IT WAS STATED THAT YOU WOULD BE FURNISHED NECESSARY TRANSPORTATION BY THE TRANSPORTATION OFFICER TO ACCOMPLISH THAT TRAVEL. IT APPEARS THAT YOU WERE FURNISHED TRANSPORTATION REQUESTS FOR TRAVEL FROM YOUR LAST DUTY STATION TO NEW LONDON. YOU CONTEND THAT, DUE TO A STRIKE ON THE NEW YORK CENTRAL RAILROAD WHICH WAS IN EFFECT AT THE TIME YOU WERE DISCHARGED, THE TRANSPORTATION REQUESTS ISSUED TO YOU COULD NOT BE USED AND THAT YOU HAD NO CHOICE BUT TO PURCHASE A TICKET ON A BUS WITH PERSONAL FUNDS.

SECTION 1 OF THE ACT OF APRIL 27, 1946, 60 STAT. 126, PROVIDES IN PERTINENT PART AS FOLLOWS:

" * * * THAT ANY MEMBER OF THE MILITARY OR NAVAL FORCES WHO IS HEREAFTER SEPARATED FROM ACTIVE SERVICE UNDER CONDITIONS OTHER THAN HONORABLE MAY BE FURNISHED TRANSPORTATION IN KIND AT GOVERNMENT EXPENSE FROM THE PLACE OF SEPARATION FROM ACTIVE SERVICE TO THE PLACE AT WHICH HE ENTERED UPON ACTIVE SERVICE OR HOME OF RECORD: * * *.'

AN UNDESIRABLE DISCHARGE HAS BEEN CLASSIFIED AS BEING UNDER CONDITIONS OTHER THAN HONORABLE. SEE PARAGRAPH 55, AIR FORCE REGULATIONS 173-5. THE QUOTED PROVISIONS OF LAW AUTHORIZE BUT DO NOT REQUIRE THE FURNISHING OF TRANSPORTATION IN KIND AT GOVERNMENT EXPENSE TO ENLISTED PERSONNEL SEPARATED FROM THE SERVICE UNDER OTHER THAN HONORABLE CONDITIONS. NOTHING IN THOSE PROVISIONS AUTHORIZES THE PAYMENT OF THE VALUE OF SUCH SERVICE WHERE THE PERSON CONCERNED IS NOT FURNISHED OR DOES NOT SECURE TRANSPORTATION TO HIS HOME. IF, AS YOU HAVE STATED, THE TRANSPORTATION REQUESTS FURNISHED TO YOU WERE NOT USABLE DUE TO THE EXISTENCE OF A RAILROAD STRIKE THE TRANSPORTATION OFFICER AT YOUR LAST DUTY STATION, UPON APPLICATION BY YOU AND SURRENDER OF THE REQUESTS ORIGINALLY ISSUED, WOULD HAVE ISSUED TRANSPORTATION REQUESTS FOR BUS OR OTHER AVAILABLE TRANSPORTATION FOR YOUR TRAVEL. THERE IS NO INDICATION IN THE RECORD THAT ANY EFFORT WAS MADE BY YOU TO SECURE FURTHER MEANS OF TRANSPORTATION AT YOUR DUTY STATION UPON DISCOVERY THAT THE REQUESTS FURNISHED COULD NOT BE USED. UNDER SUCH CIRCUMSTANCES, AND IN VIEW OF THE CLEAR LIMITATION APPEARING IN THE PROVISIONS OF THE ACT OF APRIL 27, 1946, QUOTED ABOVE, IT MUST BE CONCLUDED THAT NO AUTHORITY EXISTS FOR REIMBURSING YOU FOR YOUR EXPENSES FOR THE TRAVEL INVOLVED.