B-131394, JUL. 16, 1957

B-131394, JUL. 16, 1957

TO CHARLES C. SERVICE, M/SGT., RA 17176690:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 13, 1957, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR MILEAGE ALLOWANCE IN CONNECTION WITH TRAVEL PERFORMED BY YOU AND YOUR DEPENDENT WIFE INCIDENT TO YOUR CHANGE OF STATION FROM FORT LEWIS, WASHINGTON, TO FORT EUSTIS, VIRGINIA.

PARAGRAPH 4, SPECIAL ORDERS NO. 222, HEADQUARTERS, KOREA CIVIL ASSISTANCE COMMAND, APO 301, DATED SEPTEMBER 24, 1955, RELIEVED YOU FROM DUTY IN KOREA AND DIRECTED YOUR TRAVEL TO THE UNITED STATES FOR SEPARATION, INDICATING THAT NOVEMBER 6, 1955, WOULD BE THE DATE OF EXPIRATION OF YOUR TERM OF SERVICE. SPECIAL ORDERS NO. 206, HEADQUARTERS, TRANSFER STATION, 6021ST SU, FORT LEWIS, WASHINGTON, DATED OCTOBER 21, 1955, AS AMENDED, ANNOUNCED YOUR DISCHARGE EFFECTIVE OCTOBER 1, 1955, AND REENLISTMENT THE FOLLOWING DAY, AND STATE "HOME ADDRESS OF RECORD: 1618 S 10TH ST., KANSAS CITY, KANS. AND PLACE OF ENLISTMENT: FORT EUSTIS, VA.' THE ORDERS ALSO STATE THAT YOU WERE TO REMAIN ASSIGNED TO THAT ORGANIZATION AND STATION PENDING ASSIGNMENT INSTRUCTIONS. PARAGRAPH 17, SPECIAL ORDERS NO. 212, HEADQUARTERS, TRANSFER STATION, 6021ST SU, FORT LEWIS, WASHINGTON, DATED OCTOBER 31, 1955, RELIEVED YOU FROM ASSIGNMENT AT FORT LEWIS AND ASSIGNED YOU TO "9224TH TU-COFT," FORT EUSTIS, VIRGINIA, AND DIRECTED YOU TO REPORT THERE UPON COMPLETION OF LEAVE, STATING THAT YOU WERE THEN ON 60 DAYS' REENLISTMENT LEAVE EXPIRING DECEMBER 20, 1955, AT LEE HALL, VIRGINIA, WHERE YOU STATE YOU RECEIVED THE ORDERS ON NOVEMBER 11, 1955.

IT APPEARS THAT YOU DEPARTED FORT LEWIS, WASHINGTON, ON LEAVE ON OCTOBER 22, 1955, BY COMMERCIAL RAIL AND ARRIVED AT KANSAS CITY ON OCTOBER 24, 1955; THAT YOUR WIFE WAS THEN AT KANSAS CITY AND THAT YOU BOTH DEPARTED KANSAS CITY BY PRIVATELY OWNED AUTOMOBILE ON NOVEMBER 4, 1955, AND ARRIVED AT LEE HALL, VIRGINIA, ON NOVEMBER 9, 1955; AND THAT YOU DEPARTED LEE HALL, VIRGINIA, AT 0645 HOURS ON DECEMBER 21, 1955, ARRIVING AT FORT EUSTIS, VIRGINIA, AT 0700 HOURS THAT DATE.

BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813 814, PROVISION IS MADE FOR PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS UPON THE MEMBER'S SEPARATION FROM THE SERVICE UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. WHEN THE SEPARATION FROM THE SERVICE IS UNDER HONORABLE CONDITIONS, PARAGRAPH 4156, CASE 9. (A), CHANGE 38, JOINT TRAVEL REGULATIONS, PROVIDED:

"A MEMBER OF THE REGULAR SERVICE WHO IS SEPARATED FROM THE SERVICE UNDER HONORABLE CONDITIONS IS ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR TO THE PLACE OF ACCEPTANCE FOR ENLISTMENT, COMMISSION, OR APPOINTMENT, AS HE MAY ELECT.'

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, MAKES PROVISION FOR TRANSPORTATION OF DEPENDENTS AND BY PARAGRAPH 7003-2 THEREOF THE RATE IS FIXED AT 6 CENTS A MILE.

OUR RECORDS SHOW THAT YOU WERE PAID $129.66 FOR YOUR OWN TRAVEL FROM FORT LEWIS TO KANSAS CITY AND THAT THE PAYMENT OF $76.68 MADE TO YOU FOR YOUR WIFE'S TRAVEL FROM KANSAS CITY TO LEE HALL, VIRGINIA, WAS COLLECTED BACK FROM YOU. PURSUANT TO OUR SETTLEMENT OF JANUARY 22, 1957, PAYMENT WAS MADE TO YOU ON VOUCHER NO. 83598, IN THE JANUARY 1957 ACCOUNTS OF LIEUTENANT COLONEL M. L. JOHNSON, F.C., IN THE SUM OF $136.92, REPRESENTING MILEAGE FOR YOURSELF FOR TRAVEL ON DISCHARGE, FROM FORT LEWIS, WASHINGTON, TO FORT EUSTIS, VIRGINIA, PLACE OF ENLISTMENT, AMOUNTING TO $189.90 FOR 3,165 MILES AT 6 CENTS A MILE, LESS THE SUM OF $129.66 ALREADY PAID YOU FOR TRAVEL TO KANSAS CITY, OR A NET AMOUNT OF $60.24. IN ADDITION, THAT SETTLEMENT REFUNDED TO YOU THE SUM OF $76.68 WHICH YOU HAD REPAID INCIDENT TO YOUR WIFE'S TRAVEL FROM KANSAS CITY TO LEE HALL. THE TOTAL OF THESE TWO ITEMS--- $60.24 PLUS $76.68--- IS $136.62 WHICH WAS PAID YOU ON THE VOUCHER MENTIONED ABOVE. THESE ITEMS WERE ALLOWED YOU AS TRAVEL ALLOWANCE FOR YOURSELF AND YOUR WIFE INCIDENT TO YOUR HONORABLE DISCHARGE OF OCTOBER 21, 1955 -- NOT INCIDENT TO YOUR TRAVEL ON CHANGE OF STATION FROM FORT LEWIS TO FORT EUSTIS, NOTWITHSTANDING WHAT MAY HAVE BEEN STATED ON THE VOUCHER.

NO AMOUNT WAS DUE AS TRAVEL ALLOWANCE UNDER YOUR CHANGE OF STATION ORDERS OF OCTOBER 31, 1955, FOR THE REASON THAT THOSE ORDERS WERE RECEIVED BY YOU AFTER YOU HAD ARRIVED AT LEE HALL, VIRGINIA, WHICH IS WHERE FORT EUSTIS IS LOCATED. INASMUCH AS NO TRAVEL WAS REQUIRED UNDER SUCH ORDERS, THERE IS NO AUTHORITY FOR ANY PAYMENT ON THE BASIS OF SUCH CHANGE OF STATION. APPEARS THAT IN CLAIMING SUCH ALLOWANCES YOU RELY ON PARAGRAPH 4156, CASE 7, CHANGE 43 OF THE JOINT TRAVEL REGULATIONS. AT THE TIME INVOLVED SIMILAR PROVISIONS WERE CONTAINED IN PARAGRAPH 4156, CASE 14, CHANGE 26, DATED SEPTEMBER 1, 1954, OF SUCH REGULATIONS. SUBPARAGRAPH (A) PROVIDES THAT WHEN THE STATION OF A MEMBER, AS DISTINGUISHED FROM THE STATION OF HIS ORGANIZATION, IS CHANGED WHILE HE IS ON LEAVE OF ABSENCE, HE WILL, ON JOINING THE NEW STATION, BE ENTITLED TO ALLOWANCES FROM THE PLACE WHERE HE RECEIVED THE ORDERS DIRECTING THE CHANGE, NOT TO EXCEED THE DISTANCE FROM THE OLD TO THE NEW STATION. SUBPARAGRAPH (B) PROVIDES THAT A MEMBER WHO IS TRANSFERRED UNDER PERMANENT CHANGE OF STATION ORDERS FROM A STATION OUTSIDE THE UNITED STATES TO AN INTERMEDIATE STATION IN THE UNITED STATES FOR PROCESSING AND REASSIGNMENT AND WHO IS GRANTED A LEAVE OF ABSENCE FROM SUCH INTERMEDIATE STATION PENDING DETERMINATION OF HIS NEXT DUTY STATION, DURING WHICH TIME HE RECEIVES ORDERS DIRECTING TRAVEL TO ANOTHER STATION WITHOUT RETURNING TO SUCH AN INTERMEDIATE STATION, SHALL BE ENTITLED, UPON REPORTING TO THE NEW STATION, TO PERMANENT CHANGE OF STATION ALLOWANCES FROM THE STATION HE LEFT TO GO ON LEAVE TO THE STATION TO WHICH ASSIGNED. SINCE YOUR ORDERS OF SEPTEMBER 24, 1955, DIRECTED YOUR RETURN TO THE UNITED STATES FOR SEPARATION BECAUSE OF THE EXPIRATION OF YOUR ENLISTMENT RATHER THAN FOR REASSIGNMENT, SUBPARAGRAPH (B) IS NOT FOR APPLICATION IN YOUR CASE. RATHER, IT APPEARS THAT SUBPARAGRAPH (A) IS APPLICABLE AND SINCE YOU RECEIVED THE CHANGE OF STATION ORDERS AT LEE HALL, THE LOCATION OF FORT EUSTIS, WHERE YOU HAD TRAVELED ON A LEAVE STATUS, NO ALLOWANCES ARE AUTHORIZED INCIDENT TO SUCH ORDERS THE TRAVEL NOT HAVING BEEN PERFORMED ON PUBLIC BUSINESS. PERRIMOND V. UNITED STATES, 19 C.CLS. 509.

YOU ASK WHAT ACTION WAS TAKEN ON YOUR REQUEST FOR TRAVEL TIME. APPEARS THAT YOU DESIRE CREDIT FOR THE TIME NECESSARY TO PERFORM TRAVEL FROM FORT LEWIS TO FORT EUSTIS SO AS TO REDUCE THE 60-DAY REENLISTMENT LEAVE BY THE NUMBER OF DAYS OF TRAVEL TIME. INASMUCH AS YOUR TRAVEL BETWEEN THOSE TWO STATIONS WAS IN A LEAVE STATUS RATHER THAN INCIDENT TO YOUR PERMANENT CHANGE OF STATION, THERE IS NO AUTHORITY FOR ADJUSTMENT OF YOUR LEAVE BY CREDIT OF TRAVEL TIME.

IN VIEW OF THE FOREGOING, THERE IS NO BASIS FOR ANY ADDITIONAL ALLOWANCE TO YOU AND THE SETTLEMENT OF JANUARY 22, 1957, IS SUSTAINED.