B-158279, FEB 18, 1966

B-158279: Feb 18, 1966

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UNCK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15. WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 10. THE RECORD SHOWS THAT PURSUANT TO YOUR REQUEST FOR OVERSEAS SEPARATION YOU WERE DISCHARGED OVERSEAS UNDER AUTHORITY OF ORDERS DATED DECEMBER 22. YOU WERE INFORMED THAT NO TRANSPORTATION WAS AVAILABLE TO NEW ORLEANS. REFERS TO NEW ORLEANS AS THE APPROPRIATE PORT OF DEBARKATION FROM WHICH YOU WERE PAID TRAVEL ALLOWANCE TO YOUR RESIDENCE BUT THAT SINCE YOU WERE TOLD THAT TRANSPORTATION WAS NOT AVAILABLE FROM NEW YORK TO NEW ORLEANS. IT WOULD SEEM THAT NEW ORLEANS IS NOT THE APPROPRIATE PORT OF DEBARKATION FROM WHICH YOUR TRAVEL ALLOWANCE SHOULD BE COMPUTED. YOU WERE ADVISED IN THE SETTLEMENT OF DECEMBER 10.

B-158279, FEB 18, 1966

PRECIS-UNAVAILABLE

MR. WARREN T. UNCK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15, 1965, CONCERNING YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE FROM THE UNITED STATES ARMY ON JANUARY 29, 1965, WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED DECEMBER 10, 1965.

THE RECORD SHOWS THAT PURSUANT TO YOUR REQUEST FOR OVERSEAS SEPARATION YOU WERE DISCHARGED OVERSEAS UNDER AUTHORITY OF ORDERS DATED DECEMBER 22, 1964, AND PAID TRAVEL ALLOWANCE ON YOUR FINAL PAY VOUCHER BASED ON THE DISTANCE FROM BAD AIBLING, GERMANY, TO MUNICH, GERMANY, AND FROM NEW ORLEANS, LOUISIANA, TO LOS ANGELES, CALIFORNIA. IN YOUR LETTER OF AUGUST 16, 1965, TO THE U. S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, YOU SAID THAT YOU RETURNED TO THE UNITED STATES ON THE MSTS WILLIAM O. DARBY WHICH SAILED FROM BROMERHAVEN, GERMANY, ON JULY 18, 1965, AND LANDED IN NEW YORK ON JULY 26, 1965, AND THAT YOU THEN PROCEEDED TO FORT HAMILTON TO REQUEST TRANSPORTATION TO NEW ORLEANS, THE POINT OF ENTRY FROM WHICH YOU HAD BEEN PAID TRAVEL ALLOWANCE TO YOUR HOME, BUT YOU WERE INFORMED THAT NO TRANSPORTATION WAS AVAILABLE TO NEW ORLEANS. IN YOUR LETTER OF DECEMBER 15, 1965, TO OUR OFFICE, YOU SAY IN EFFECT THAT THE SETTLEMENT OF DECEMBER 10, 1965, REFERS TO NEW ORLEANS AS THE APPROPRIATE PORT OF DEBARKATION FROM WHICH YOU WERE PAID TRAVEL ALLOWANCE TO YOUR RESIDENCE BUT THAT SINCE YOU WERE TOLD THAT TRANSPORTATION WAS NOT AVAILABLE FROM NEW YORK TO NEW ORLEANS, IT WOULD SEEM THAT NEW ORLEANS IS NOT THE APPROPRIATE PORT OF DEBARKATION FROM WHICH YOUR TRAVEL ALLOWANCE SHOULD BE COMPUTED.

YOU WERE ADVISED IN THE SETTLEMENT OF DECEMBER 10, 1965, THAT PARAGRAPH M4159-5 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN 37 U.S.C. 404, PROVIDES AUTHORITY FOR THE PAYMENT OF MILEAGE WHEN NO TRAVEL IS TO BE PERFORMED INCIDENT TO SEPARATION FROM THE SERVICE OR RELIEF FROM ACTIVE DUTY. THIS PARAGRAPH PROVIDES, WITH AN EXCEPTION NOT HERE MATERIAL, THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES IS LOCATED WITHIN THE UNITED STATES, MILEAGE IS PAYABLE FOR THE OFFICIAL DISTANCE BETWEEN THE MEMBER'S LAST DUTY STATION AND THE NEAREST PORT OF EMBARKATION FROM WHICH TRANSPORTATION COULD HAVE BEEN FURNISHED TO THE UNITED STATES AND BETWEEN THE APPROPRIATE PORT OF DEBARKATION IN THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES. THAT REGULATION EXPRESSLY PRESCRIBES THE METHOD FOR DETERMINATION OF THE APPROPRIATE UNITED STATES PORT OF DEBARKATION FOR THAT PURPOSE, PROVIDING THAT WHEN THE MEMBER'S DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES EAST OF 100 DEGREE WEST LONGITUDE, BUT WEST OF 100 DEGREE EAST LONGITUDE, THE APPROPRIATE UNITED STATES PORT OF DEBARKATION WILL BE DETERMINED TO BE EITHER THE PORT OF NEW YORK, NEW YORK; NEW ORLEANS, LOUISIANA; OR NORFOLK, VIRGINIA, WHICHEVER INVOLVES THE LESSER DISTANCE IN THE UNITED STATES. YOU WERE ALSO ADVISED IN THE SETTLEMENT OF DECEMBER 10, 1965, THAT SINCE GERMANY IS BISECTED, APPROXIMATELY, BY THE MERIDIAN AT 10 DEGREE EAST LONGITUDE AND THE DISTANCE BETWEEN NEW ORLEANS, LOUISIANA, AND LOS ANGELES, CALIFORNIA, IS LESS THAN THE DISTANCE BETWEEN NEW YORK, NEW YORK (ALSO NORFOLK, VIRGINIA), AND LOS ANGELES, CALIFORNIA, YOU WERE PROPERLY PAID TRAVEL ALLOWANCE INCIDENT TO YOUR RELIEF FROM ACTIVE SERVICE.

YOU BECAME ENTITLED TO THE TRAVEL ALLOWANCE FROM YOUR OVERSEAS STATION TO THE PLACE YOU ELECTED IN THE UNITED STATES AT THE TIME OF YOUR SEPARATION FROM THE ARMY ON JANUARY 29, 1965, UNDER THE CITED REGULATIONS BECAUSE YOU REQUESTED OVERSEAS SEPARATION. YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE IS BASED ON CONDITIONS EXISTING UPON YOUR TRAVEL TO THE UNITED STATES DURING THE PERIOD JULY 18 TO 26, 1965, ON THE MSTS WILLIAM O. DARBY WHICH LANDED AT THE PORT OF NEW YORK. IF YOU HAD RETURNED TO THE UNITED STATES FOR SEPARATION FROM THE ARMY THE GOVERNMENT WOULD HAVE FURNISHED YOU TRANSPORTATION, OR REIMBURSEMENT THEREFOR, FROM YOUR OVERSEAS STATION TO YOUR RESIDENCE IN THIS COUNTRY, BUT THERE APPEARS TO BE NO AUTHORITY FOR THE REIMBURSEMENT OF ADDITIONAL EXPENSES WHICH YOU INCURRED FOR SUCH TRAVEL SEVERAL MONTHS AFTER YOUR OVERSEAS DISCHARGE. UNDER THE ABOVE- CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS, THE APPROPRIATE PORT OF DEBARKATION FOR COMPUTING YOUR TRAVEL ALLOWANCE WHEN YOU WERE DISCHARGED OVERSEAS ON JANUARY 29, 1965, WAS NEW ORLEANS, LOUISIANA.

ACCORDINGLY, THIS SETTLEMENT OF DECEMBER 10, 1965, IS SUSTAINED.