B-157614, JUN 18, 1973

B-157614: Jun 18, 1973

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YOU WERE DISCHARGED FROM THE UNITED STATES ARMY EFFECTIVE FEBRUARY 1. THE ORDERS STATE THAT GOVERNMENT TRAVEL WAS NOT FURNISHED FROM SEOUL. TO YOUR PLACE OF ENLISTMENT OR PLACE OF RESIDENCE AND THAT YOU WERE COMPENSATED FOR 60 DAYS' ACCRUED LEAVE. THE DISCHARGE CERTIFICATE SHOWS THAT YOU WERE NOT PAID A TRAVEL ALLOWANCE. PROVIDES THAT REGULAR ARMY MEMBERS WHO ARE DISCHARGED FROM THE ARMY FOR THE CONVENIENCE OF THE GOVERNMENT UNDER AR 615-365 BASED ON THE INDIVIDUAL'S IMPORTANCE TO NATIONAL HEALTH. ARE NOT ENTITLED TO TRAVEL ALLOWANCES. IT WAS HELD THAT TRAVEL ALLOWANCE WAS NOT PAYABLE TO AN ENLISTED MAN ON HIS EARLY DISCHARGE OBTAINED AT HIS OWN REQUEST AND FOR HIS OWN CONVENIENCE TO ACCEPT CIVILIAN EMPLOYMENT WITH THE GOVERNMENT UNDER REGULATIONS AUTHORIZING SUCH DISCHARGES "FOR THE CONVENIENCE OF THE GOVERNMENT.".

B-157614, JUN 18, 1973

SUSTAINING DISALLOWANCE OF OUR TCD OF CLAIMANT'S REQUEST FOR TRAVEL ALLOWANCE AND LEAVE PAY INCIDENT TO HIS SERVICE IN THE U.S. ARMY.

TO MR. L. T. MOORE:

WE REFER TO YOUR LETTER OF FEBRUARY 27, 1973, ADDRESSED TO THE COMMANDER, UNITED STATES FINANCE SUPPORT AGENCY, INDIANAPOLIS, INDIANA, WHICH IN EFFECT REQUESTS RECONSIDERATION OF THE SETTLEMENT OF OUR TRANSPORTATION AND CLAIMS DIVISION DATED AUGUST 23, 1965, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE AND LEAVE PAY INCIDENT TO YOUR SERVICE IN THE UNITED STATES ARMY.

ACCORDING TO THE RECORD, ON SEPTEMBER 3, 1946, YOU ENLISTED IN THE UNITED STATES ARMY FOR A TERM OF 3 YEARS. BY SPECIAL ORDERS NO. 27, DATED FEBRUARY 1, 1949, HEADQUARTERS, U.S. ARMY FORCES IN KOREA, UNDER AUTHORITY OF ARMY REGULATIONS (AR) 615-365, YOU WERE DISCHARGED FROM THE UNITED STATES ARMY EFFECTIVE FEBRUARY 1, 1949, PRIOR TO EXPIRATION OF YOUR ENLISTMENT TERM, TO ACCEPT EMPLOYMENT WITH THE AMERICAN MISSION IN KOREA. THE ORDERS STATE THAT GOVERNMENT TRAVEL WAS NOT FURNISHED FROM SEOUL, KOREA, TO YOUR PLACE OF ENLISTMENT OR PLACE OF RESIDENCE AND THAT YOU WERE COMPENSATED FOR 60 DAYS' ACCRUED LEAVE. IN ADDITION, THE DISCHARGE CERTIFICATE SHOWS THAT YOU WERE NOT PAID A TRAVEL ALLOWANCE.

PARAGRAPH 55(9)(B) OF AR 35-4810 DATED JUNE 1, 1948, IMPLEMENTING SECTION 126 OF THE NATIONAL DEFENSE ACT, AS AMENDED, 10 U.S.C. 752 (1946 ED.), PROVIDES THAT REGULAR ARMY MEMBERS WHO ARE DISCHARGED FROM THE ARMY FOR THE CONVENIENCE OF THE GOVERNMENT UNDER AR 615-365 BASED ON THE INDIVIDUAL'S IMPORTANCE TO NATIONAL HEALTH, SAFETY, OR INTEREST, ARE NOT ENTITLED TO TRAVEL ALLOWANCES. MORE SPECIFICALLY, IN OUR DECISION 20 COMP. GEN. 562 (1941), COPY ENCLOSED, IT WAS HELD THAT TRAVEL ALLOWANCE WAS NOT PAYABLE TO AN ENLISTED MAN ON HIS EARLY DISCHARGE OBTAINED AT HIS OWN REQUEST AND FOR HIS OWN CONVENIENCE TO ACCEPT CIVILIAN EMPLOYMENT WITH THE GOVERNMENT UNDER REGULATIONS AUTHORIZING SUCH DISCHARGES "FOR THE CONVENIENCE OF THE GOVERNMENT." SINCE YOU HAD OBTAINED AN EARLY DISCHARGE AT YOUR OWN REQUEST, THE CITED DECISION AND REGULATIONS PRECLUDE PAYMENT OF A TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE.

WITH RESPECT TO YOUR CLAIM FOR LEAVE PAY, SPECIAL ORDERS NO. 27, REFERRED TO ABOVE, STATES THAT YOU WERE PAID FOR 60 DAYS OF ACCRUED LEAVE AT THE TIME OF YOUR DISCHARGE. UNDER THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 963, AS AMENDED AND IN EFFECT WHEN YOU WERE DISCHARGED, 60 DAYS OF UNUSED LEAVE WAS THE MAXIMUM AMOUNT FOR WHICH A MEMBER COULD BE COMPENSATED AT THE TIME OF HIS DISCHARGE. ACCORDINGLY, SINCE THE RECORD SHOWS THAT YOU WERE PAID FOR 60 DAYS OF UNUSED LEAVE AT THE TIME OF YOUR DISCHARGE, NO ADDITIONAL PAYMENT FOR UNUSED LEAVE MAY BE AUTHORIZED.

YOUR LETTER OF FEBRUARY 27, 1973, CONTAINS NO ADDITIONAL FACTS REGARDING YOUR CLAIM. IN VIEW OF THE FOREGOING, THE SETTLEMENT OF AUGUST 23, 1965 (COPY ENCLOSED), WHICH ALSO WAS THE SUBJECT OF A REPORT TO THE HONORABLE LEONOR K. SULLIVAN, HOUSE OF REPRESENTATIVES, ON SEPTEMBER 30, 1965, IS SUSTAINED.