B-131207, AUG. 6, 1957

B-131207: Aug 6, 1957

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GUSSOFF: REFERENCE IS MADE TO YOUR LETTERS OF JUNE 10 AND JUNE 26. WHILE YOU WERE AT NAPLES. WERE MODIFIED AT YOUR REQUEST BY FIRST ENDORSEMENT OF OCTOBER 7. FROM THE COMMANDING OFFICER OF THE VESSEL ON WHICH YOU THEN WERE SERVING AND AS SO MODIFIED THEY "AUTHORIZED" YOU TO PROCEED AND REPORT TO THE COMMANDER. UPON COMPLETION OF WHICH YOU WERE TO REGARD YOURSELF RELEASED FROM ACTIVE DUTY. IT WAS STATED THAT RELEASE FROM ACTIVE DUTY AT NAPLES WAS IN ACCORDANCE WITH YOUR REQUEST. THIRD ENDORSEMENT SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY AT THAT PLACE OCTOBER 16. UNDER SUCH REGULATIONS TRAVEL FROM LAST DUTY STATION TO A SEPARATION CENTER IS NOT CONTEMPLATED AND NO RIGHT TO PER DIEM COULD ACCRUE IN CONNECTION WITH SEPARATION OR RELEASE FROM ACTIVE DUTY SINCE THE PERSON CONCERNED WOULD NOT BE IN A TRAVEL STATUS AWAY FROM HIS STATION WHILE AWAITING COMPLETION OF SEPARATION PROCESSING.

B-131207, AUG. 6, 1957

TO MR. ARNOLD M. GUSSOFF:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 10 AND JUNE 26, 1957, REQUESTING REVIEW OF SETTLEMENT DATED MAY 20, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD OCTOBER 8 TO 15, 1956, WHILE YOU WERE AT NAPLES, ITALY, AWAITING COMPLETION OF SEPARATION PROCESSING INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY.

IT APPEARS THAT ORDERS OF JULY 24, 1956, DIRECTING YOU TO PROCEED TO THE UNITED STATES FOR SEPARATION PROCESSING IN CONNECTION WITH YOUR RELEASE FROM ACTIVE DUTY, WERE MODIFIED AT YOUR REQUEST BY FIRST ENDORSEMENT OF OCTOBER 7, 1956, FROM THE COMMANDING OFFICER OF THE VESSEL ON WHICH YOU THEN WERE SERVING AND AS SO MODIFIED THEY "AUTHORIZED" YOU TO PROCEED AND REPORT TO THE COMMANDER, SUBORDINATE COMMAND, NAVAL FORCES, EASTERN ATLANTIC AND MEDITERRANEAN OR COMMANDER, HEADQUARTERS, SUPPORT ACTIVITIES, NAPLES, ITALY, FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING, UPON COMPLETION OF WHICH YOU WERE TO REGARD YOURSELF RELEASED FROM ACTIVE DUTY. IT WAS STATED THAT RELEASE FROM ACTIVE DUTY AT NAPLES WAS IN ACCORDANCE WITH YOUR REQUEST. YOU STATE THAT YOU TRAVELED FROM GENOA, ITALY, TO NAPLES, ITALY, ON OCTOBER 7, 1956, AND THIRD ENDORSEMENT SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY AT THAT PLACE OCTOBER 16, 1956.

PARAGRAPH C-10201, BUREAU OF NAVAL PERSONNEL MANUAL, PROVIDES THAT PERSONNEL BECOMING ELIGIBLE FOR SEPARATION WHILE SERVING IN SHIPS OR AT SHORE ACTIVITIES OVERSEAS SHALL BE TRANSFERRED TO THE UNITED STATES FOR SEPARATION, UNLESS THEY REQUEST SEPARATION OVERSEAS, IN WHICH EVENT THEY MAY BE SEPARATED "AT THEIR DUTY STATIONS.' UNDER SUCH REGULATIONS TRAVEL FROM LAST DUTY STATION TO A SEPARATION CENTER IS NOT CONTEMPLATED AND NO RIGHT TO PER DIEM COULD ACCRUE IN CONNECTION WITH SEPARATION OR RELEASE FROM ACTIVE DUTY SINCE THE PERSON CONCERNED WOULD NOT BE IN A TRAVEL STATUS AWAY FROM HIS STATION WHILE AWAITING COMPLETION OF SEPARATION PROCESSING. IT APPEARS THAT YOU WERE AUTHORIZED TO PROCEED TO NAPLES BECAUSE YOU REQUESTED THAT YOU BE RELEASED FROM ACTIVE DUTY AT THAT PLACE AND IN THE ABSENCE OF EVIDENCE SHOWING THAT YOU COULD NOT HAVE BEEN RELEASED FROM ACTIVE DUTY AT YOUR DUTY STATION, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. THE FIRST ENDORSEMENT OF OCTOBER 7, 1956, AUTHORIZED RATHER THAN DIRECTED YOU TO PROCEED TO NAPLES FOR RELEASE FROM ACTIVE DUTY. PARAGRAPH 6453, JOINT TRAVEL REGULATIONS, BARS REIMBURSEMENT FOR PERMISSIVE TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF MAY 20, 1957, IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.