B-116660, MAR 17, 1954

B-116660, MAR 17, 1954

PRECIS-UNAVAILABLE

MR. CYPRIAN J. MITCHELL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JULY 1, 1953, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE INCIDENT TO YOUR RETIREMENT ON JUNE 30, 1952, AS MASTER SERGEANT, REGULAR ARMY.

THE RECORDS FURNISHED THIS OFFICE BY THE DEPARTMENT OF THE ARMY SHOW THAT YOU ENLISTED ON NOVEMBER 2, 1950, FOR 36 MONTHS; THAT YOU WERE RETIRED AS MASTER SERGEANT, REGULAR ARMY, AT LAKE CHARLES, LOUISIANA, ON JUNE 30, 1952; THAT YOU WERE RECALLED TO ACTIVE DUTY IN THE ENLISTED RESERVE CORPS AT LAKE CHARLES, ON JULY 1, 1952; THAT YOUR HOME OF RECORD WAS BALTIMORE, MARYLAND; AND THAT YOU WERE PAID TRAVEL ALLOWANCE UPON RETIREMENT ($13.14) COMPUTED ON THE DISTANCE FROM LAKE CHARLES, LOUISIANA, TO NEW ORLEANS, LOUISIANA. YOUR CLAIM FOR TRAVEL ALLOWANCE FROM LAKE CHARLES TO BALTIMORE, LESS THE AMOUNT PREVIOUSLY PAID TO YOU, WAS DISALLOWED BY THE SETTLEMENT OF JULY 1, 1953, CITING PARAGRAPH 4153, CASE 12, JOINT TRAVEL REGULATIONS.

SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES 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 FROM THE LAST STATION TO HOME UNDER COMPETENT ORDERS UPON RETIREMENT. PARAGRAPH 1150-3 OF THE JOINT TRAVEL REGULATIONS, EFFECTIVE APRIL 1, 1951, PROVIDES THAT IN CONNECTION WITH RETIREMENT OF MEMBERS OF THE REGULAR SERVICES THE TERM "HOME" MEANS THE PLACE WHICH THE INDIVIDUAL SELECTS AND PERFORMS TRAVEL TO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT. PARAGRAPH 4153, CASE 12, OF THESE REGULATIONS IS, IN MATERIAL PART AS FOLLOWS:

"CASE 12. RETIREMENT - MILEAGE PAYABLE CONTINGENT UPON PERFORMANCE OF TRAVEL

"(A) A MEMBER IS ENTITLED TO MILEAGE TO HIS HOME UPON PERMANENT RETIREMENT, TRANSFER TO FLEET RESERVE OR FLEET MARINE CORPS RESERVE, PROVIDED THAT HE SELECTS HIS HOME AND COMPLETES TRAVEL THERETO WITHIN THE PRESCRIBED TIME LIMIT. ADVANCE PAYMENT OF SUCH MILEAGE WILL NOT BE MADE. (SEE PAR. 1150-3.)"

THE ABOVE-QUOTED PROVISIONS WERE PUBLISHED IN THE JOINT TRAVEL REGULATIONS WHEN ORIGINALLY ISSUED EFFECTIVE APRIL 1, 1951, AS PARAGRAPH 4155, CASE 12, WERE RENUMBERED PARAGRAPH 4153, CASE 12, BY INSTRUCTION MEMORANDUM 1-1, WITHOUT OTHER CHANGE, EFFECTIVE THE SAME DATE, AND WERE AGAIN RENUMBERED PARAGRAPH 4156, CASE 12, WITHOUT FURTHER CHANGE, EFFECTIVE JULY 1, 1953. THUS IT IS APPARENT THAT, CONTRARY TO YOUR APPARENT BELIEF IN THE MATTER, PARAGRAPH 4153, CASE 12, JOINT TRAVEL REGULATIONS, WAS IN EFFECT AND AVAILABLE AT YOUR STATION ON JUNE 30, 1952, THE DATE OF YOUR RETIREMENT. SINCE NO PROVISION IS MADE FOR THE PAYMENT OF TRAVEL ALLOWANCE AT TIME OF RETIREMENT TO A MEMBER WHO CONTINUES ON ACTIVE DUTY IN A RETIRED STATUS IMMEDIATELY FOLLOWING RETIREMENT, AND DOES NOT TRAVEL TO HIS HOME AT THAT TIME, AS IN YOUR CASE, THERE IS NO LEGAL BASIS UPON WHICH YOUR CLAIM MAY BE ALLOWED. FURTHER, IN VIEW OF THE ABOVE, THE PAYMENT OF $13.14 MADE TO YOU AT TIME OF RETIREMENT AS MILEAGE FOR THE DISTANCE FROM YOUR DUTY STATION TO NEW ORLEANS, LOUISIANA, WAS ERRONEOUS AND SUCH SUM SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.