B-108123, MARCH 24, 1952, 31 COMP. GEN. 475

B-108123, MARCH 24, 1952, 31 COMP. GEN. 475

TRAVEL ALLOWANCE - MILITARY, NAVAL, ETC., PERSONNEL DISCHARGED OVERSEAS THE TRAVEL ALLOWANCE PAYABLE UNDER JOINT TRAVEL REGULATIONS TO ENLISTED MEN DISCHARGED OVERSEAS, WHERE NO TRAVEL IS PERFORMED, IS COMPUTED ON THE BASIS OF THE DISTANCE TO THE PLACE SELECTED FOR SUCH ALLOWANCE FROM THE DEBARKATION PORT NEAREST THE PLACE SO SELECTED, AND THEREFORE, A NAVY ENLISTED MAN WHO IS DISCHARGED IN HAWAII AND WHO ELECTS TO RECEIVE TRAVEL ALLOWANCE INSTEAD OF RETURNING HOME IS ENTITLED TO TRAVEL ALLOWANCE TO HIS HOME ON THE BASIS OF THE DISTANCE FROM THE PORT OF DEBARKATION NEAREST HIS HOME, EVEN THOUGH ANOTHER DEBARKATION PORT MIGHT HAVE BEEN UTILIZED IF THE TRAVEL HAD BEEN PERFORMED.

ASSISTANT COMPTROLLER GENERAL YATES TO GEORGE W. MORTON, MARCH 24, 1952:

REFERENCE IS MADE TO YOUR RECENT CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE ON MAY 9, 1951, AT BARBER'S POINT, TERRITORY OF HAWAII. SINCE SAID CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 29, 1951, IT WILL BE TREATED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT ON MAY 10, 1948, YOU ENLISTED FOR THREE YEARS AT LOS ANGELES, CALIFORNIA; THAT YOUR HOME ADDRESS AT THAT TIME WAS LENEXA, KANSAS; THAT YOU WERE DISCHARGED ON MAY 9, 1951, AT BARBER'S POINT, TERRITORY OF HAWAII; THAT YOU DID NOT RETURN TO YOUR HOME BUT ELECTED TO RECEIVE TRAVEL ALLOWANCE FROM AUTHORIZED PORT OF DEBARKATION IN THE UNITED STATES TO YOUR HOME; THAT THE AUTHORIZED PORT OF DEBARKATION AS REPORTED BY THE CHIEF OF NAVAL PERSONNEL, WAS NEW ORLEANS, LOUISIANA, AND THAT YOU WERE PAID A TRAVEL ALLOWANCE IN THE SUM OF $51.90 BASED ON TRAVEL FROM SAID PORT TO YOUR HOME (865 MILES AT 6 CENTS PER MILE). YOUR CLAIM FOR AN ADDITIONAL AMOUNT BASED ON THE DISTANCE FROM WILMINGTON, CALIFORNIA, TO LENEXA, KANSAS, LESS THE SUM OF $51.90 WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE. IN YOUR PRESENT CLAIM YOU REITERATE THE BELIEF THAT THE TRAVEL ALLOWANCE INCIDENT TO YOUR DISCHARGE SHOULD BE COMPUTED ON THE GREATER DISTANCE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES, INTER ALIA, THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS INCLUDING, UPON SEPARATION FROM THE SERVICE, FROM LAST DUTY STATION TO HOME, PROVIDED THAT THE ALLOWANCE AUTHORIZED THEREIN MAY BE PAID ON SEPARATION FROM THE SERVICE, OR RELEASE FROM ACTIVE DUTY, REGARDLESS OF WHETHER OR NOT THE MEMBER PERFORMS THE TRAVEL INVOLVED. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO AND IN EFFECT AT THE TIME HERE INVOLVED SPECIFICALLY PROVIDED (PARAGRAPH 4154-2B) THAT WHEN A MEMBER IS DISCHARGED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, AND NO TRAVEL IS TO BE PERFORMED, THE TRAVEL ALLOWANCE WILL BE COMPUTED ON THE BASIS OF THE DISTANCE TO THE PLACE SELECTED FROM THE PORT OF DEBARKATION ,NEAREST" THE PLACE SO SELECTED. THUS, IT IS APPARENT THAT THE PAYMENT OF TRAVEL ALLOWANCE ON THE BASIS OF THE DISTANCE FROM THE PORT NEAREST YOUR HOME WAS IN CONFORMITY WITH CONTROLLING LAW AND REGULATIONS. SUCH BEING THE CASE, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF AN ADDITIONAL AMOUNT BASED ON TRAVEL FROM A MORE DISTANT PORT.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 29, 1951, IS CORRECT AND MUST BE SUSTAINED.