B-130649, APR. 1, 1957

B-130649: Apr 1, 1957

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IT APPEARS THAT YOU WERE RELEASED FROM ACTIVE DUTY ON DECEMBER 16. THAT YOUR HOME OF RECORD WAS NORMAN. INCIDENT TO THAT RELEASE YOU WERE PAID THE SUM OF $198.72 AS TRAVEL ALLOWANCE AT $0.06 A MILE FOR 3. IT FURTHER APPEARS THAT YOU ENTERED UPON ACTIVE DUTY AT NEWPORT BECAUSE THAT WAS THE PLACE WHERE YOU WERE STATIONED WHEN DISCHARGED AS AN ENLISTED MAN THE PRECEDING DAY. THIS ACTION WAS TAKEN ON THE BASIS OF OUR DECISION OF SEPTEMBER 8. IT WAS THUS DETERMINED THAT YOU HAD BEEN OVERPAID THE SUM OF $88.74. IT IS CONTENDED THAT UNDER PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS YOU ARE ENTITLED TO MILEAGE FROM SAN FRANCISCO. THE PLACE WHERE YOU WERE DISCHARGED FROM THE SERVICE. PROVIDES THAT A MEMBER SEPARATED FROM THE SERVICE AT OTHER THAN EXPIRATION OF ENLISTMENT FOR THE PURPOSE OF CONTINUING IN THE SERVICE IN ANOTHER STATUS IS NOT ENTITLED TO MILEAGE ON SUCH DISCHARGE.

B-130649, APR. 1, 1957

TO MR. JOE A. BRADLEY:

A LETTER OF JANUARY 29, 1957, WRITTEN IN YOUR BEHALF BY CRAIG AND CRAIG, ATTORNEYS AT LAW, REQUESTS FURTHER CONSIDERATION OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $88.74 REPRESENTING AN OVERPAYMENT FOR MILEAGE INCIDENT TO YOUR SERVICE AS AN OFFICER OF THE UNITED STATES NAVAL RESERVE.

IT APPEARS THAT YOU WERE RELEASED FROM ACTIVE DUTY ON DECEMBER 16, 1954, AT TREASURE ISLAND, CALIFORNIA, AND THAT YOUR HOME OF RECORD WAS NORMAN, OKLAHOMA. INCIDENT TO THAT RELEASE YOU WERE PAID THE SUM OF $198.72 AS TRAVEL ALLOWANCE AT $0.06 A MILE FOR 3,312 MILES, ON THE BASIS OF THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO NEWPORT, RHODE ISLAND, THE PLACE WHERE YOU REPORTED FOR ACTIVE DUTY AS AN OFFICER IN THE U.S. NAVAL RESERVE ON JANUARY 24, 1952. IT FURTHER APPEARS THAT YOU ENTERED UPON ACTIVE DUTY AT NEWPORT BECAUSE THAT WAS THE PLACE WHERE YOU WERE STATIONED WHEN DISCHARGED AS AN ENLISTED MAN THE PRECEDING DAY, PRIOR TO THE EXPIRATION OF YOUR TERM OF SERVICE, FOR THE PURPOSE OF ENTERING ON ACTIVE DUTY AS AN OFFICER. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, WE TOOK EXCEPTION TO THE PAYMENT OF MILEAGE IN EXCESS OF THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO NORMAN, OKLAHOMA, YOUR HOME OF RECORD. THIS ACTION WAS TAKEN ON THE BASIS OF OUR DECISION OF SEPTEMBER 8, 1954, B- 120297. IT WAS THUS DETERMINED THAT YOU HAD BEEN OVERPAID THE SUM OF $88.74. IN THE LETTER OF JANUARY 29, 1957, IT IS CONTENDED THAT UNDER PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS YOU ARE ENTITLED TO MILEAGE FROM SAN FRANCISCO, THE PLACE WHERE YOU WERE DISCHARGED FROM THE SERVICE, TO NEWPORT, THE PLACE OF YOUR ENTRY INTO THE SERVICE AS AN OFFICER.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES PAYMENT OF TRAVEL ALLOWANCES "FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY.' CASE 19, PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THAT TIME, PROVIDES THAT A MEMBER SEPARATED FROM THE SERVICE AT OTHER THAN EXPIRATION OF ENLISTMENT FOR THE PURPOSE OF CONTINUING IN THE SERVICE IN ANOTHER STATUS IS NOT ENTITLED TO MILEAGE ON SUCH DISCHARGE, BUT THAT UPON ULTIMATE SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY HE IS ENTITLED TO MILEAGE FROM THE PLACE OF SEPARATION OR RELEASE TO THE PLACE OF ENTRY INTO THE SERVICE, THE PLACE FROM WHICH ORDERED TO DUTY, OR THE HOME OF RECORD, AS HE MAY ELECT.

IN THE DECISION OF SEPTEMBER 8, 1954, B-120297--- STATED TO BE THE AUTHORITY FOR THE ACTION TAKEN IN YOUR CASE--- IT WAS HELD THAT THE PROVISION FOR PAYMENT OF MILEAGE, AUTHORIZED FOR THE PURPOSE OF PROVIDING TRANSPORTATION TO THE HOME OR PLACE OF ENTRY INTO THE SERVICE FROM CIVILIAN LIFE, DOES NOT CONFER A RIGHT ON A MEMBER WHO WAS DISCHARGED PRIOR TO THE TERMINATION OF HIS ENLISTMENT TO REENTER THE SERVICE AS A COMMISSIONED OFFICER, TO MILEAGE TO THE PLACE OF SUCH REENTRY, THAT PLACE HAVING NO SIGNIFICANCE IN DETERMINING THE PLACE TO WHICH ENTITLED TO THE ALLOWANCE TO ACCOMPLISH THE PURPOSE OF THE STATUTE. SINCE THE UNITED STATES NAVY FACILITY AT NEWPORT, RHODE ISLAND, WHERE YOUR STATUS WAS CHANGED FROM THAT OF AN ENLISTED MAN TO COMMISSIONED RESERVIST, WAS NEITHER YOUR HOME NOR THE PLACE FROM WHICH YOU ENTERED THE MILITARY SERVICE, IT IS CLEAR THAT YOU ARE NOT ENTITLED TO MILEAGE THERETO.

ACCORDINGLY, YOU ARE LEGALLY INDEBTED TO THE UNITED STATES IN THE SUM OF $88.74, AND PAYMENT IN THE FORM OF A CHECK OR MONEY ORDER MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END