B-117534, AUG. 17, 1955

B-117534, AUG. 17, 1955

TO STAFF SERGEANT MELVIN CELVI, AF13148548:

REFERENCE IS MADE TO YOUR LETTER, POSTMARKED APRIL 5, 1955, RELATIVE TO YOUR CLAIM FOR MILEAGE FROM MOUNTAIN HOME AIR FORCE BASE, IDAHO, TO ATLAS, PENNSYLVANIA, INCIDENT TO YOUR DISCHARGE FROM THE AIR FORCE RESERVE ON OCTOBER 29, 1951.

BY PARAGRAPH 81, SPECIAL ORDERS NO. 208, DATED OCTOBER 6, 1950, HEADQUARTERS, FIRST AIR FORCE, MITCHEL AIR FORCE BASE, NEW YORK, YOU WERE ORDERED TO ACTIVE DUTY AS SERGEANT, AIR FORCE BASE, RESERVE, FOR ONE YEAR BEGINNING OCTOBER 30, 1950, IT BEING STATED IN THE ORDERS THAT YOU HAD ENLISTED IN THE RESERVE FOR THREE YEARS ON AUGUST 28, 1950. BY PARAGRAPH 2, SPECIAL ORDERS NO. 196, DATED OCTOBER 26, 1951, MOUNTAIN HOME AIR FORCE BASE, IDAHO, YOU WERE "DISCHD FR THE USAFR" EFFECTIVE OCTOBER 29, 1951. THAT ORDER PROVIDED THAT YOU WOULD REENLIST IMMEDIATELY. THE AUTHORITY FOR YOUR DISCHARGE, CITED IN THE ORDER, WAS PARAGRAPH 3F, AIR FORCE REGULATIONS 39-14 (MAY 2, 1951), WHICH PROVIDES FOR THE DISCHARGE OF RESERVE MEMBERS FOR THE PURPOSE OF IMMEDIATE REENLISTMENT IN THE REGULAR AIR FORCE FOR THREE YEARS OR MORE. ON OCTOBER 30, 1951, YOU REENLISTED IN THE REGULAR AIR FORCE FOR SIX YEARS. YOUR CLAIM FOR MILEAGE WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 30, 1952, FOR THE REASON THAT YOUR DISCHARGE WAS FOR THE EXPRESS PURPOSE OF REENLISTMENT. UPON REVIEW, SUCH ACTION WAS SUSTAINED BY OUR DECISION DATED MARCH 1, 1954, B-117534 TO YOU. IN YOUR PRESENT LETTER YOU SUGGEST THAT PARAGRAPH 4156, CASE 9 (B), JOINT TRAVEL REGULATIONS, IS AUTHORITY FOR THE ALLOWANCE OF YOUR CLAIM.

THE SUGGESTED PARAGRAPH WAS NOT IN EFFECT AT THE TIME OF YOUR DISCHARGE AND, HENCE, IS NOT APPLICABLE TO YOUR CLAIM. A SIMILAR PROVISION WAS CONTAINED IN PARAGRAPH 4153, CASE 9, JOINT TRAVEL REGULATIONS, CHANGE 1, AUGUST 1, 1951, WHICH PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY UNDER HONORABLE CONDITIONS IS ENTITLED TO MILEAGE FROM HIS LAST STATION TO HIS HOME OF RECORD, TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY, TO THE PLACE OF INDUCTION OR TO THE PLACE OF ENTRY INTO THE SERVICE, AS HE MAY ELECT. HOWEVER, THAT PROVISION DOES NOT AFFORD A BASIS FOR THE ALLOWANCE OF YOUR CLAIM. CASE 19, UNDER THE SAME PARAGRAPH, SPECIFICALLY PROVIDES THAT A MEMBER WHO IS SEPARATED FROM THE SERVICE OR RELIEVED FROM ACTIVE DUTY FOR THE EXPRESS PURPOSE OF CONTINUING IN THE SERVICE (OTHER THAN EXPIRATION OF ENLISTMENT) IN THE SAME OR IN ANOTHER STATUS IS NOT ENTITLED TO MILEAGE ON SUCH DISCHARGE.

SINCE THE RECORD SHOWS THAT, AFTER SERVING LITTLE MORE THAN ONE YEAR OF YOUR THREE-YEAR RESERVE ENLISTMENT, YOU WERE DISCHARGED FOR THE EXPRESS PURPOSE OF CONTINUING IN THE SERVICE IN ANOTHER STATUS, THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THEREFORE, THE DECISION OF MARCH 1, 1954, IS AFFIRMED.