B-145198, MAY 29, 1961

B-145198: May 29, 1961

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JR.: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 10. YOUR HOME OF RECORD WAS HOLBROOK. WHEN YOU ADVISED THE SERVICE THAT YOUR HOME OF RECORD AT THE TIME YOU WERE COMMISSIONED ON MAY 28. WAS JUNEAU. IT IS YOUR CONTENTION THAT THE RELEVANT TOUR OF DUTY FROM WHICH YOU RESIGNED COMMENCED MAY 28. WHEN YOU WERE COMMISSIONED. YOU ARE ENTITLED TO A TRAVEL ALLOWANCE FROM NEW YORK. AS YOU WERE PAID. 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 WAS EXPLAINED TO YOU IN OUR SETTLEMENT OF FEBRUARY 1. 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.

B-145198, MAY 29, 1961

TO MR. GEORGE W. DICK, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 10, 1961, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED FEBRUARY 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE ALLOWANCE INCIDENT TO YOUR RESIGNATION ON JANUARY 31, 1960, FROM THE UNITED STATES COAST GUARD.

THE RECORD SHOWS THAT AT THE TIME YOU ENTERED THE UNITED STATES COAST GUARD ACADEMY ON JULY 5, 1950, YOUR HOME OF RECORD WAS HOLBROOK, MASSACHUSETTS, AND THAT YOU DID NOT ATTEMPT TO CHANGE IT UNTIL JANUARY 26, 1960, WHEN YOU ADVISED THE SERVICE THAT YOUR HOME OF RECORD AT THE TIME YOU WERE COMMISSIONED ON MAY 28, 1954, WAS JUNEAU, ALASKA. YOU ALSO ADVISED THAT IN 1952 YOUR PARENTS PURCHASED A HOME IN JUNEAU, WHICH THEY STILL OWNED, AND ESTABLISHED RESIDENCE THERE WHICH WOULD MAKE IT YOUR HOME OF RECORD. IT IS YOUR CONTENTION THAT THE RELEVANT TOUR OF DUTY FROM WHICH YOU RESIGNED COMMENCED MAY 28, 1954, WHEN YOU WERE COMMISSIONED, AND THAT SINCE YOUR PARENTS ESTABLISHED A HOME IN JUNEAU WHICH BECAME YOUR HOME PRIOR TO YOUR ENTRY INTO THE SERVICE, NOT AFTER ENTRY, YOU ARE ENTITLED TO A TRAVEL ALLOWANCE FROM NEW YORK, NEW YORK, TO JUNEAU, ALASKA, RATHER THAN FROM NEW YORK, NEW YORK, TO HOLBROOK, MASSACHUSETTS, AS YOU WERE PAID.

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). AS WAS EXPLAINED TO YOU IN OUR SETTLEMENT OF FEBRUARY 1, 1961, PARAGRAPH 1150-3 (A) OF THESE REGULATIONS PROVIDES THAT THE TERM "HOME OF RECORD" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN "COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, 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 ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.

A REVIEW OF THE RECORDS BY THE COAST GUARD INDICATES THAT YOUR HOME WAS NEVER RECORDED AS JUNEAU, ALASKA. IN THAT CONNECTION, WE HAVE BEEN INFORMALLY ADVISED BY THE COAST GUARD THAT WHEN YOU TOOK A FLIGHT EXAMINATION IN JUNE 1955 YOU GAVE YOUR HOME OF RECORD AS LINCOLN, MASSACHUSETTS. THEREFORE, IN THE ABSENCE OF AN OFFICIAL CORRECTION OF THE RECORDS BY THE COAST GUARD TO SHOW YOUR HOME AS JUNEAU, ALASKA, RATHER THAN HOLBROOK, MASSACHUSETTS, IN ACCORDANCE WITH THE GOVERNING REGULATIONS, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT DATED FEBRUARY 1, 1961, IS SUSTAINED.