B-137052, NOV 21, 1958

B-137052, NOV 21, 1958

PRECIS-UNAVAILABLE

JOHN RADU:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 16, 1958, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR MILEAGE ALLOWANCE FOR THE TRAVEL OF YOU AND YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO STOCKTON, CALIFORNIA, LESS THE AMOUNT ALLOWED FOR SUCH TRAVEL FROM FORT HAMILTON TO CLEVELAND, OHIO, INCIDENT TO YOUR DISCHARGE ON OCTOBER 6, 1955, AS AN ENLISTED MAN, UNITED STATES ARMY.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 11, 1958, FOR THE REASON THAT THE RECORDS OF THE ADJUTANT GENERAL OF THE ARMY SHOWED YOUR HOME OF RECORD AS CLEVELAND RATHER THAN STOCKTON AT THE TIME OF YOUR ENLISTMENT IN 1949 AND YOUR REENLISTMENT IN 1952. BY DECISION OF SEPTEMBER 10, 1958, B-137052, WE ADVISED YOU AS TO THE REASONS WHY THE ACTION OF THE ADJUTANT GENERAL IN REFUSING TO CHANGE THE RECORDS TO SHOW YOUR HOME OF RECORD AS STOCKTON WAS NOT ERRONEOUS AS A MATTER OF LAW. THE LETTER OF OCTOBER 16, 1958, YOU STATED THAT YOU WERE PAID DEPENDENT'S TRAVEL PAY TO STOCKTON WHEN YOU WENT OVERSEAS TO EUROPE FROM FORT EUSTIS, VIRGINIA, IN FEBRUARY 1953; THAT YOU WERE PAID TRAVEL PAY FOR YOUR DEPENDENTS' TRAVEL WHEN THEY JOINED YOU OVERSEAS TRAVELING FROM STOCKTON TO THE PORT OF EMBARKATION (NEW YORK, NEW YORK) IN JULY 1953; THAT WHEN YOU RETURNED TO CALIFORNIA IN NOVEMBER 1955 YOU WERE PAID FOR THEIR TRAVEL FROM STOCKTON TO FORT ORD, CALIFORNIA, YOUR FIRST DUTY STATION AFTER YOUR REENLISTMENT ON NOVEMBER 30, 1955; AND THAT YOU WERE PAID FOR THEIR MOVEMENT TO STOCKTON IN APRIL 1958 WHEN YOU WENT TO KOREA. IT APPEARS TO BE YOUR BELIEF THAT SUCH PAYMENTS ESTABLISH THAT YOUR HOME OF RECORD WAS STOCKTON RATHER THAN CLEVELAND AT THE TIME OF YOUR DISCHARGE ON OCTOBER 6, 1955.

OUR RECORDS CONTAIN NO INFORMATION RESPECTING THE TRAVEL OF YOUR DEPENDENTS EXCEPT FOR THE TRAVEL HERE INVOLVED AND THAT PERFORMED BY THEM FROM STOCKTON TO NEW YORK IN JUNE AND JULY 1953. PAYMENT FOR ALL THE TRAVEL MENTIONED BY YOU WAS MADE BY THE DEPARTMENT OF THE ARMY. THE TRAVEL FROM FORT EUSTIS TO STOCKTON APPARENTLY WAS TO A PLACE DESIGNATED BY YOU UPON YOUR BEING ASSIGNED TO A STATION OVERSEAS (SEE PARAGRAPHS 7005 AND 7008-3 OF THE JOINT TRAVEL REGULATIONS) IN EFFECT AT THAT TIME AND THE TRAVEL FROM STOCKTON TO NEW YORK APPARENTLY WAS ACCOMPLISHED AFTER THE REMOVAL OF THE RESTRICTIONS FOR TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION AS AUTHORIZED IN SUCH REGULATIONS. YOUR HOME OF RECORD AT THAT TIME HAD NO BEARING ON YOUR RIGHTS IN EITHER OF THOSE TWO INSTANCES, SINCE THE CITED REGULATIONS AUTHORIZED TRAVEL "TO ANY PLACE IN THE UNITED STATES" THE MEMBER MIGHT DESIGNATE AND LATER FROM THAT PLACE TO THE OVERSEAS STATION. PAYMENT FOR THE TRAVEL FROM STOCKTON TO FORT ORD SUBSEQUENT TO YOUR REENLISTMENT ON NOVEMBER 30, 1955, IS WITHOUT SIGNIFICANCE IN DETERMINING YOUR HOME OF RECORD DURING YOUR PREVIOUS ENLISTMENT, AND YOUR RIGHTS IN THIS CASE WERE FIXED BY YOUR HOME OF RECORD AT THAT TIME. UNDER THE REGULATIONS THE HOME OF RECORD IS THE PLACE RECORDED AS THE HOME AT THE TIME OF ENLISTMENT OR REENLISTMENT AND A MEMBER MAY CHANGE HIS HOME OF RECORD AT THE TIME OF REENLISTMENT.

ACCORDINGLY, YOUR LETTER OF OCTOBER 16, 1958, CONTAINS NO INFORMATION WHICH AFFORDS A BASIS FOR ANY FURTHER OR DIFFERENT ACTION THAN THAT HERETOFORE TAKEN.