B-142311, APR. 19, 1960

B-142311: Apr 19, 1960

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RA 33437133: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29. YOU WERE PAID MILEAGE FROM A WEST COAST PORT TO FORT SILL. YOU WERE PAID MILEAGE FROM THAT CITY TO WICHITA FALLS. IT IS YOUR CONTENTION THAT THE RECORDING OF FORT SILL. AS YOUR HOME DURING THOSE ENLISTMENTS WAS ERRONEOUS. THAT SUCH ADDRESSES WERE FURNISHED BY YOU FOR EMERGENCY NOTIFICATION OF NEXT OF KIN ONLY. THAT YOUR PERMANENT HOME ADDRESS IS FRANKLIN. THAT YOU ARE ENTITLED TO ADDITIONAL MILEAGE IN EACH CASE BASED ON THE DISTANCE TO FRANKLIN. IN SUPPORT OF YOUR CONTENTION YOU HAVE FURNISHED AN HONORABLE DISCHARGE CERTIFICATE DATED JANUARY 30. TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949.

B-142311, APR. 19, 1960

TO MASTER SERGEANT BRYAN G. NICKLIN, RA 33437133:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 29, 1960, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 29, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE ON MARCH 22, 1959. YOU REQUEST ALSO THAT CONSIDERATION BE GIVEN TO YOUR CLAIM FOR SIMILAR ALLOWANCES INCIDENT TO YOUR DISCHARGE ON JULY 11, 1952.

ON JANUARY 31, 1949, UPON ENLISTMENT AT FORT SILL, OKLAHOMA, YOU DESIGNATED FORT SILL, OKLAHOMA, AS YOUR HOME. UPON DISCHARGE FROM THAT ENLISTMENT ON JULY 11, 1952, AT ETA JIMA, JAPAN, YOU WERE PAID MILEAGE FROM A WEST COAST PORT TO FORT SILL. ON APRIL 13, 1955, WHEN YOU ENLISTED AT FORT RILEY, KANSAS, YOU DESIGNATED WICHITA FALLS,TEXAS, AS YOUR HOME. UPON DISCHARGE FROM THAT ENLISTMENT ON MARCH 22, 1959, AT OAKLAND, CALIFORNIA, YOU WERE PAID MILEAGE FROM THAT CITY TO WICHITA FALLS. IT IS YOUR CONTENTION THAT THE RECORDING OF FORT SILL, OKLAHOMA, AND WICHITA FALLS, TEXAS, AS YOUR HOME DURING THOSE ENLISTMENTS WAS ERRONEOUS; THAT SUCH ADDRESSES WERE FURNISHED BY YOU FOR EMERGENCY NOTIFICATION OF NEXT OF KIN ONLY; THAT YOUR PERMANENT HOME ADDRESS IS FRANKLIN, PENNSYLVANIA, AND THAT YOU ARE ENTITLED TO ADDITIONAL MILEAGE IN EACH CASE BASED ON THE DISTANCE TO FRANKLIN. IN SUPPORT OF YOUR CONTENTION YOU HAVE FURNISHED AN HONORABLE DISCHARGE CERTIFICATE DATED JANUARY 30, 1946, SHOWING THAT UPON DISCHARGE ON THAT DATE AT CAMP BUTNER, NORTH CAROLINA, YOU DESIGNATED 1206 MYRTLE STREET, FRANKLIN, PENNSYLVANIA, AS YOUR PERMANENT MAILING ADDRESS. THAT CERTIFICATE ALSO SHOWS THAT ON APRIL 30, 1943, WHEN YOU ENTERED UPON THAT ENLISTMENT YOU GAVE YOUR HOME ADDRESS AS 44 BANK STREET, BRADFORD, PENNSYLVANIA.

TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). PARAGRAPH 1150-3 OF THOSE REGULATIONS PROVIDES THAT THE TERM ,HOME OF RECORD" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN "ENLISTED, REENLISTED, INDUCTED, OR ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.' IT FURTHER PROVIDES THAT TRAVEL AND TRANSPORTATION ALLOWANCES WILL BE BASED ON THE "OFFICIALLY CORRECTED" RECORDING IN THOSE INSTANCES WHEN THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED "AT TIME OF CURRENT ENTRY" INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME. ANY SUCH CORRECTION MUST BE FULLY JUSTIFIED AND THE HOME, AS CORRECTED, MUST BE THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.

A REPORT FURNISHED BY THE DEPARTMENT OF THE ARMY SHOWS THAT WHEN YOU ENTERED UPON THE ENLISTMENT FROM WHICH YOU WERE DISCHARGED ON MARCH 22, 1959, YOUR HOME WAS RECORDED AS WICHITA FALLS, TEXAS, AND THAT WHEN YOU ENTERED UPON THE ENLISTMENT FROM WHICH YOU WERE DISCHARGED ON JANUARY 11, 1952, YOUR HOME WAS RECORDED AS FORT SILL, OKLAHOMA. THERE IS NO SHOWING THAT THE ORIGINAL RECORDING HAS BEEN OFFICIALLY CORRECTED BY THE DEPARTMENT OF THE ARMY TO SHOW THAT YOUR ACTUAL HOME WAS FRANKLIN, PENNSYLVANIA, WHEN YOU ENTERED UPON THOSE ENLISTMENTS. IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT SUCH CORRECTION HAS BEEN MADE BY THE ADJUTANT GENERAL THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIMS.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 29, 1960, IS SUSTAINED, AND YOUR CLAIM INCIDENT TO THE DISCHARGE OF JANUARY 11, 1952, IS HEREBY DISALLOWED.

YOUR ORIGINAL ENLISTMENT AND DISCHARGE RECORDS ARE RETURNED HEREWITH AS REQUESTED.