B-171956, APR 1, 1971

B-171956: Apr 1, 1971

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SINCE THERE WAS NO RECORD TO SHOW THAT FORMER MEMBER WAS NOT FURNISHED TRANSPORTATION IN FORM OF TRANSPORTATION REQUEST AND MEAL TICKET IN ORDER FOR MEMBERS TO HAVE BEEN PAID 3 CENTS PER MILE FOR TRAVEL PERFORMED. CLAIM FOR TRAVEL ALLOWANCES IS DISALLOWED. THE CLAIM FOR MUSTERING-OUT PAY WAS NOT PRESENTED TO GAO WITHIN THE 10-YEAR PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9. IS WITHOUT AUTHORITY TO CONSIDER IT ON ITS MERITS. LOUIS HERNANDEZ: FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER TO THE FINANCE CENTER. YOU SAY YOU WERE IN THE 50TH AIR FORCE BANK. THAT YOU WERE DISCHARGED IN FEBRUARY 1946 AT FORT MCPHERSON. YOU WERE DIRECTED TO PROCEED TO THE SEPARATION CENTER. YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 19.

B-171956, APR 1, 1971

MILITARY - TRAVEL PAY AND MUSTERING OUT PAY - WORLD WAR II SUSTAINING SETTLEMENT DISALLOWING CLAIM OF FORMER AIR FORCE MEMBER FOR TRAVEL ALLOWANCE AND MONETARY ALLOWANCE IN LIEU OF SUBSISTENCE INCIDENT TO SEPARATION FROM SERVICE IN 1946. SINCE THERE WAS NO RECORD TO SHOW THAT FORMER MEMBER WAS NOT FURNISHED TRANSPORTATION IN FORM OF TRANSPORTATION REQUEST AND MEAL TICKET IN ORDER FOR MEMBERS TO HAVE BEEN PAID 3 CENTS PER MILE FOR TRAVEL PERFORMED, CLAIM FOR TRAVEL ALLOWANCES IS DISALLOWED. THE CLAIM FOR MUSTERING-OUT PAY WAS NOT PRESENTED TO GAO WITHIN THE 10-YEAR PERIOD PRESCRIBED BY THE ACT OF OCTOBER 9, 1940, AND THE COMP. GEN. IS WITHOUT AUTHORITY TO CONSIDER IT ON ITS MERITS.

TO MR. LOUIS HERNANDEZ:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, CONCERNING TRAVEL PAY AND MUSTERING-OUT PAY BELIEVED DUE INCIDENT TO YOUR MILITARY SERVICE IN WORLD WAR II.

IN THE LETTER, YOU SAY YOU WERE IN THE 50TH AIR FORCE BANK, ALASKAN DIVISION, IN WORLD WAR II, STATIONED AT GREAT FALLS, MONTANA, AND EDMONDTON, ALBERTA, CANADA, AND THAT YOU WERE DISCHARGED IN FEBRUARY 1946 AT FORT MCPHERSON, GEORGIA. YOU SAY FURTHER THAT YOU NEVER RECEIVED YOUR TRAVEL PAY FROM CANADA OR YOUR MUSTERING-OUT PAY AND ASK IF YOU CAN NOW BE PAID.

OUR RECORDS SHOW THAT BY PARAGRAPH 2, SPECIAL ORDER NO. 26, HEADQUARTERS, ALASKAN DIVISION, AIR TRANSPORT COMMAND, APO 462, MINNEAPOLIS, MINNESOTA, DATED FEBRUARY 4, 1946, YOU WERE DIRECTED TO PROCEED TO THE SEPARATION CENTER, FORT MCPHERSON, GEORGIA, ON OR ABOUT FEBRUARY 4, 1946, FOR THE PURPOSE OF BEING SEPARATED FROM THE SERVICE. THOSE ORDERS PROVIDED THAT TRAVEL WOULD BE PERFORMED BY RAIL AND THAT THE TRANSPORTATION OFFICER WOULD DETERMINE AND ISSUE THE NUMBER OF MEAL TICKETS NECESSARY FOR THE JOURNEY.

BY LETTER DATED FEBRUARY 18, 1946, YOU PRESENTED A CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND MONETARY ALLOWANCE IN LIEU OF RATIONS AT THE RATE OF $1.00 PER MEAL, FOR TRAVEL PERFORMED FROM FEBRUARY 5 TO 16, 1946, FROM EDMONDTON, CANADA, TO FORT MCPHERSON, GEORGIA. YOU WERE DISCHARGED FROM THE SERVICE ON FEBRUARY 19, 1946.

BY TRANSMITTAL LETTER DATED SEPTEMBER 14, 1948, YOUR CLAIM WAS FORWARDED TO OUR CLAIMS DIVISION FOR SETTLEMENT. BY SETTLEMENT DATED MAY 3, 1949, COPY ENCLOSED, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SINCE THE ORDERS DIRECTED TRAVEL BY RAIL AND THE ISSUANCE OF MEAL TICKETS AND THE OFFICIAL RECORDS FAILED TO SHOW THE DISPOSITION OF THE TRANSPORTATION REQUEST OR MEAL TICKETS, THERE WAS NO AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.

SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, JUNE 16, 1942, 56 STAT. 363, 37 U.S.C. 110 (1946 ED.) PROVIDED IN PERTINENT PART THAT TO EVERY ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE. IT PROVIDED FURTHER THAT RATIONS FOR ENLISTED MEN MAY BE COMMUTED AS AUTHORIZED BY LAW.

THE FOURTH PARAGRAPH OF SECTION 12 OF THAT ACT, 56 STAT. 365, 37 U.S.C. 112 (1946 ED.) PROVIDED IN PERTINENT PART THAT INDIVIDUALS BELONGING TO THE ARMY AMONG OTHERS, TRAVELING UNDER COMPETENT ORDERS WHICH ENTITLE THEM TO TRANSPORTATION OR TRANSPORTATION AND SUBSISTENCE AS DISTINGUISHED FROM MILEAGE, WHO, UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, TRAVEL BY PRIVATELY OWNED CONVEYANCE SHALL BE ENTITLED, IN LIEU OF TRANSPORTATION BY THE SHORTEST USUALLY TRAVELED ROUTE NOW AUTHORIZED BY LAW TO BE FURNISHED IN KIND, TO A MONEY ALLOWANCE AT THE RATE OF 3 CENTS PER MILE FOR THE SAME DISTANCE.

SECTION 212, PUBLIC LAW 49, MAY 3, 1945, 59 STAT. 134, PROVIDED IN PERTINENT PART THAT THE FUNDS APPROPRIATED IN THE APPROPRIATION ACTS FOR THE FISCAL YEAR 1946 TO THE WAR DEPARTMENT, AMONG OTHERS, SHALL BE AVAILABLE FOR, AND THE HEAD OF THE DEPARTMENT IS AUTHORIZED TO PRESCRIBE, THE PAYMENT IN ADVANCE, OR OTHERWISE, OF MONEY ALLOWANCE IN LIEU OF TRANSPORTATION, AT THE RATE OF 3 CENTS PER MILE TO ENLISTED MEN, REGARDLESS OF THE MODE OF TRAVEL.

IMPLEMENTING REGULATIONS APPLICABLE IN YOUR CASE WERE CONTAINED IN ARMY REGULATION 35-4810, DATED OCTOBER 8, 1945. PARAGRAPH 15B OF THE REGULATION PROVIDED IN PERTINENT PART THAT ALLOWANCE FOR SUBSISTENCE WHILE TRAVELING WAS NOT PAYABLE WHEN MEAL TICKETS WERE FURNISHED. PARAGRAPH 21B PROVIDED THAT IF UNDER THE PROVISIONS OF ARMY REGULATION 30-2215, THE OFFICER ISSUING THE ORDERS CONSIDERED IT APPROPRIATE, HE MAY ISSUE MEAL TICKETS INSTEAD OF PRESCRIBING ALLOWANCES FOR SUBSISTENCE. PARAGRAPH 31 PROVIDED THAT PAYMENT OF 3 CENTS PER MILE MAY BE MADE TO ENLISTED PERSONS FOR TRAVEL PERFORMED WHENEVER THE ORDERS INDICATED THAT THE TRAVEL WAS CHARGEABLE TO THE GOVERNMENT AND TRANSPORTATION HAD NOT BEEN FURNISHED, REGARDLESS OF THE MODE OF TRAVEL AUTHORIZED IN THE ORDERS. PARAGRAPH 36 PROVIDED IN PERTINENT PART THAT WHERE A TRANSPORTATION REQUEST WAS NOT USED THE UNUSED REQUEST WILL BE RETURNED TO THE ISSUING OFFICER, WHO WOULD ISSUE AN APPROPRIATE RECEIPT FOR THE TRANSPORTATION REQUEST, WHICH RECEIPT WILL BE ATTACHED TO THE VOUCHER IN WHICH CLAIM FOR REIMBURSEMENT IS MADE AT THE RATE OF 3 CENTS PER MILE.

PARAGRAPH 2, ARMY REGULATION 30-2215, CHANGE NO. 2, DATED JULY 23, 1945, PROVIDED THAT IN THE MOVEMENTS OF ENLISTED PERSONS, THE DETERMINATION OF WHETHER MEAL TICKETS, MONETARY ALLOWANCE IN LIEU OF RATIONS, OR RATIONS IN KIND WILL BE PRESCRIBED WILL BE MADE BY THE OFFICER ISSUING THE ORDERS DIRECTING THEIR TRAVEL. IT PROVIDED FURTHER THAT IT WAS NOT INTENDED THAT MEAL TICKETS WILL BE USED WHEN TRAVEL BY PRIVATELY OWNED AUTOMOBILE IS AUTHORIZED.

THE STATUTES GOVERNING THE PAYMENTS OF TRAVEL AND SUBSISTENCE ALLOWANCES DURING THE PERIOD INVOLVED DID NOT GIVE AN ENLISTED MAN AN ELECTION AS TO THE MODE OF TRAVEL HE WAS TO UTILIZE OR THE TYPE OF SUBSISTENCE TO WHICH HE WOULD BE ENTITLED WHILE TRAVELING. THE IMPLEMENTING REGULATIONS BY THE ARMY PROVIDED THAT PAYMENT OF 3 CENTS PER MILE MAY BE MADE TO ENLISTED PERSONS REGARDLESS OF THE MODE OF TRAVEL AUTHORIZED, WHEN TRANSPORTATION HAD NOT BEEN FURNISHED. THEY ALSO DELEGATED TO THE ORDER-ISSUING AUTHORITY THE RIGHT TO DETERMINE THE TYPE OF SUBSISTENCE TO PRESCRIBE IN ORDERS DIRECTING TRAVEL OF ENLISTED PERSONS, WITH THE UNDERSTANDING THAT IF HE AUTHORIZED TRAVEL BY PRIVATELY OWNED CONVEYANCE, HE SHOULD NOT AUTHORIZE THE ISSUANCE OF MEAL TICKETS.

THE ORDERS OF FEBRUARY 4, 1946, DID NOT AUTHORIZE TRAVEL AT YOUR OWN EXPENSE BY PRIVATELY OWNED CONVEYANCE. TRAVEL BY RAIL AND ISSUANCE OF MEAL TICKETS WERE DIRECTED AND THERE WAS NO RECORD TO SHOW THAT TRANSPORTATION WAS NOT FURNISHED YOU IN THE FORM OF A TRANSPORTATION REQUEST, OR THAT MEAL TICKETS WERE NOT ISSUED AS REQUIRED BY THE REGULATION IN ORDER FOR YOU TO BE PAID 3 CENTS PER MILE FOR TRAVEL ACTUALLY PERFORMED AND SUBSISTENCE ALLOWANCE INCIDENT TO SUCH TRAVEL. ACCORDINGLY, IN SO FAR AS YOUR CLAIM FOR TRAVEL ALLOWANCE AND MONETARY ALLOWANCE IN LIEU OF SUBSISTENCE IS CONCERNED, THE SETTLEMENT DATED MAY 3, 1949, IS SUSTAINED.

WITH RESPECT TO YOUR CLAIM FOR MUSTERING-OUT PAY UPON DISCHARGE FROM THE SERVICE ON FEBRUARY 19, 1946, WE REFER YOU TO THE PROVISIONS OF PUBLIC LAW 820, 76TH CONGRESS, APPROVED OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, COPY ENCLOSED. THIS ACT PRECLUDES THE GENERAL ACCOUNTING OFFICE FROM CONSIDERING CLAIMS NOT RECEIVED HERE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED. THE FILING OF A CLAIM WITH ANY OTHER ADMINISTRATIVE OFFICE DOES NOT FULFILL THE REQUIREMENTS OF THAT ACT.

YOUR CLAIM FOR MUSTERING-OUT PAY ACCRUED AT THE TIME OF YOUR DISCHARGE AND OUR RECORDS DO NOT DISCLOSE THAT YOU FILED A CLAIM FOR MUSTERING-OUT PAY UPON DISCHARGE WITH OUR OFFICE WITHIN 10 FULL YEARS FROM FEBRUARY 19, 1946, THE DATE IT FIRST ACCRUED. ACCORDINGLY WE ARE WITHOUT AUTHORITY TO CONSIDER IT ON ITS MERITS.