B-129922, DEC. 31, 1956

B-129922: Dec 31, 1956

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USAF: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29. WHICH WAS DISALLOWED BY OUR SETTLEMENT OF JULY 26. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU FAILED TO ESTABLISH A CLASS Q ALLOTMENT PRIOR TO YOUR DISCHARGE FROM THE SERVICE ON JULY 30. WHICH WAS ISSUED AFTER THE TERMINATION OF YOUR ENLISTMENT. THE ABOVE CITED PARAGRAPH PROVIDES AS FOLLOWS: "/1) AN INDIVIDUAL WHO REENTERS ON ACTIVE DUTY AS AN ENLISTED MAN ON THE DAY FOLLOWING SEPARATION FROM ACTIVE SERVICE AS AN ENLISTED MEMBER IS. IT IS WELL SETTLED THAT WHEN A REGULATION IS ISSUED. SINCE THIS REGULATION WAS PROMULGATED ON SEPTEMBER 25.

B-129922, DEC. 31, 1956

TO SERGEANT LOUIS AUSTRIA, USAF:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29, 1956, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD JULY 7, 1952, TO JULY 30, 1954, WHICH WAS DISALLOWED BY OUR SETTLEMENT OF JULY 26, 1956. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU FAILED TO ESTABLISH A CLASS Q ALLOTMENT PRIOR TO YOUR DISCHARGE FROM THE SERVICE ON JULY 30, 1954. YOU NOW REQUEST THAT YOUR CLAIM BE CONSIDERED UNDER THE PROVISIONS OF PARAGRAPH 4K (1) AR 35-1465 (CHANGE 3), DATED SEPTEMBER 25, 1956, WHICH WAS ISSUED AFTER THE TERMINATION OF YOUR ENLISTMENT.

THE ABOVE CITED PARAGRAPH PROVIDES AS FOLLOWS:

"/1) AN INDIVIDUAL WHO REENTERS ON ACTIVE DUTY AS AN ENLISTED MAN ON THE DAY FOLLOWING SEPARATION FROM ACTIVE SERVICE AS AN ENLISTED MEMBER IS, IF OTHERWISE ENTITLED, AUTHORIZED PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD OF SERVICE FROM WHICH SEPARATED.'

IT IS WELL SETTLED THAT WHEN A REGULATION IS ISSUED, RIGHTS THEREUNDER BECOME FIXED, AND ALTHOUGH SUCH REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE OR DECREASE THE RIGHTS GIVEN THEREBY, THEY MAY NOT BE SO AMENDED RETROACTIVELY. CF. ARIZONA GROCERY V. ATCHISON RY., 284 US. 370. SEE ALSO 27 COMP. GEN. 339; 31 ID. 619; 32 ID. 315 AND 33 ID. 505.

SINCE THIS REGULATION WAS PROMULGATED ON SEPTEMBER 25, 1956, IT MAY NOT BE APPLIED RETROACTIVELY TO AUTHORIZE PAYMENT OF YOUR CLAIM FOR DEPENDENCY ALLOWANCES FOR YOUR WIFE AND CHILD DURING A PRIOR ENLISTMENT WHICH TERMINATED JULY 30, 1954. ACCORDINGLY, THERE IS NO LEGAL BASIS ..END :