B-143665, OCT. 4, 1960

B-143665, OCT. 4, 1960

TO MR. JOAQUIN B. PANGELINAN, SB1, USNFR-F6:

REFERENCE IS MADE TO YOUR LETTER OF JULY 20, 1960, REQUESTING REVIEW OF THE SETTLEMENT DATED JULY 1, 1960, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO PHILADELPHIA, PENNSYLVANIA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AND TRANSFER TO THE FLEET RESERVE.

THE RECORD SHOWS THAT ON JULY 22, 1959, WHILE STATIONED AT PHILADELPHIA, YOU VOLUNTARILY EXECUTED AN AGREEMENT TO EXTEND YOUR ENLISTMENT FOR A PERIOD OF ONE YEAR TO BECOME EFFECTIVE ON THE EXPIRATION OF YOUR THEN CURRENT ENLISTMENT IN ORDER TO HAVE SUFFICIENT OBLIGATED SERVICE FOR TRANSFER TO THE FLEET RESERVE. ON THAT SAME DATE YOU SUBMITTED AN APPLICATION FOR TRANSFER TO THE FLEET RESERVE TO BE EFFECTIVE ON OR ABOUT JANUARY 2, 1960. THE RECORD FURTHER SHOWS THAT ON OCTOBER 1, 1959, YOU SUBMITTED THE FOLLOWING SIGNED REQUEST:

"IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE C-10201, BUPERS MANUAL, I HAVE SELECTED PLACE OF SEPARATION OUTSIDE CONUS AND HEREBY REQUEST TO BE TRANSFERRED TO SEPARATION ACTIVITY FOR THE PURPOSE OF RELEASE TO FLEET RESERVE, CLASS F-6 AND RETURN TO HOME OF RECORD AT YONA VILLAGE, GUAM, M.I.'

ON NOVEMBER 2, 1959, PURSUANT TO SUCH REQUEST, YOU WERE TRANSFERRED FROM PHILADELPHIA TO GUAM FOR TRANSFER TO THE FLEET RESERVE, CLASS F 6, AND BY ORDERS OF JANUARY 4, 1960, YOU WERE RELEASED FROM ACTIVE DUTY AND TRANSFERRED TO THE UNITED STATES NAVAL FLEET RESERVE. PARAGRAPH 4 OF THESE ORDERS SHOWS THAT YOU STATED UPON YOUR RELEASE FROM ACTIVE DUTY THAT YOUR MAILING ADDRESS, THE PLACE AT WHICH YOU COULD BE REACHED AT ANY TIME BY ORDERS OR OTHER OFFICIAL COMMUNICATIONS, WOULD BE YONA VILLAGE, GUAM, MARIANNA ISLANDS. HOWEVER, ON APRIL 25, 1960, YOU SUBMITTED A CERTIFICATE STATING THAT YOU HAD SELECTED PHILADELPHIA, PENNSYLVANIA, AS YOUR PERMANENT RESIDENCE UPON TRANSFER TO THE FLEET RESERVE AND RELEASE FROM ACTIVE DUTY.

IN YOUR REQUEST FOR REVIEW, YOU STATE THAT THE NAVY FURNISHED YOU TRANSPORTATION FROM GUAM TO SAN FRANCISCO AND THAT YOU ARE CLAIMING MILEAGE ALLOWANCE FOR YOUR TRAVEL FROM SAN FRANCISCO TO PHILADELPHIA. YOUR ITINERARY SHOWS THAT YOU TRAVELED FROM SAN FRANCISCO TO PHILADELPHIA BY COMMERCIAL AIR ON APRIL 23, 1960. IT APPEARS TO BE YOUR VIEW THAT YOUR TRAVEL TO GUAM FROM PHILADELPHIA WAS A CHANGE OF STATION GRANTED UPON YOUR REQUEST AND THAT YOU WERE MERELY MAKING SUCH REQUEST LIKE ANY OTHER MEMBER OF THE NAVY BUT THAT THE DECISION WAS UP TO THE NAVY, AND THEREFORE, YOU ARE ENTITLED TO RETURN TRANSPORTATION TO PHILADELPHIA AS THE PLACE SELECTED AS YOUR HOME.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES GENERALLY THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES RELEASED FROM ACTIVE DUTY IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES TO HOME OR PLACE TO WHICH ORDERED TO ACTIVE DUTY. THE SECTION FURTHER PROVIDES THAT A MEMBER RETIRED WITH PAY FOR ANY REASON MAY SELECT SUCH HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THAT SECTION. THUS, THE TRAVEL AND TRANSPORTATION RIGHTS OF MEMBERS RETIRED WITH PAY FOR ANY REASON ARE TO HOME OF SELECTION. TRANSFER TO THE FLEET RESERVE HAS BEEN REGARDED AS A RETIREMENT WITH PAY FOR THE PURPOSE OF SUCH SELECTION AND THE UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED ARE PROMULGATED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 1150-3 (B) OF THOSE REGULATIONS PROVIDES THAT THE HOME OF SELECTION, AS USED IN THE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE), DISCHARGE WITH SEVERANCE PAY OR PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST UNDER THE CONDITIONS AUTHORIZED IN PARAGRAPH 4158-1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER, UPON RETIREMENT, IN THE CIRCUMSTANCES SPECIFIED, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT SUCH TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT ONCE A HOME IS SELECTED AND TRAVEL THERETO IS PERFORMED, SUCH SELECTION IS IRREVOCABLE. SINCE THERE IS NO AUTHORITY IN THE LAW OR REGULATIONS FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO BOTH A HOME OF RECORD, IF ANY, SHOWN ON THE NAVAL RECORDS AND HOME OF SELECTION, MEMBERS WHO ELECT TO TRAVEL TO A HOME OF RECORD UPON TRANSFER TO THE FLEET RESERVE AND ARE PAID TRAVEL AND TRANSPORTATION ALLOWANCES ON THAT BASIS MUST BE CONSIDERED AS HAVING SELECTED THAT HOME FOR PURPOSES OF THE LAW AND REGULATIONS.

YOUR SIGNED STATEMENT OF OCTOBER 1, 1959, PURPORTING TO HAVE BEEN SUBMITTED IN ACCORDANCE WITH ARTICLE C-10201 OF THE BUREAU OF NAVAL PERSONNEL MANUAL STATED THAT YOU HAD SELECTED A PLACE OF SEPARATION OUTSIDE THE CONTINENTAL UNITED STATES AND YOU REQUESTED THAT YOU BE TRANSFERRED TO A SEPARATION ACTIVITY FOR THE PURPOSE OF RELEASE TO THE FLEET RESERVE AND RETURN TO YOUR HOME OF RECORD, YONA VILLAGE, GUAM. SINCE ARTICLE C-10201 APPLIES ONLY IN THE CASE OF MEMBERS ENTITLED TO BE RETURNED TO THEIR HOMES OF RECORD UPON SEPARATION FROM SERVICE, AND MEMBERS BEING SEPARATED BY TRANSFER TO THE FLEET RESERVE HAVE NO ENTITLEMENT TO SUCH RETURN UNLESS THAT PLACE IS SELECTED BY THEM AS THEIR HOME UPON TRANSFER, IT SEEMS APPARENT THAT IN COMPLYING WITH YOUR REQUEST, THE NAVY CONSIDERED YOUR STATEMENT AS THE SELECTION OF A HOME INCIDENT TO SUCH TRANSFER. HOWEVER THAT MAYBE, IT IS NOT APPARENT HOW THE ACTION OF THE NAVY IN SENDING YOU TO A PARTICULAR SEPARATION CENTER FOR THE PURPOSE OF EFFECTING YOUR TRANSFER TO THE FLEET RESERVE MAY BE VIEWED AS HAVING ANY BEARING ON YOUR ENTITLEMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES TO HOME OF SELECTION INCIDENT TO SUCH TRANSFER.

SINCE YOU ELECTED TO AND DID RETURN TO YOUR HOME OF RECORD UPON TRANSFER TO THE FLEET RESERVE, YOUR RIGHT TO SELECT A HOME INCIDENT TO SUCH TRANSFER HAS BEEN EXHAUSTED AND YOU CANNOT NOW SELECT PHILADELPHIA FOR SUCH PURPOSES.

ACCORDINGLY, THE SETTLEMENT OF JULY 1, 1960, IS SUSTAINED. YOUR ORIGINAL TRANSFER ORDERS OF OCTOBER 22, 1959, AND JANUARY 4, 1960, ARE ENCLOSED PURSUANT TO YOUR REQUEST.