B-153952, JUN. 8, 1964

B-153952, JUN. 8, 1964

TO SENIOR MASTER SERGEANT CLARK S. JARRETT, JR., USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 26, 1964, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 21, 1950, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF COST OF TRAVEL OF DEPENDENTS FROM SAN RAFAEL, CALIFORNIA, TO PHILADELPHIA, PENNSYLVANIA, DURING THE PERIOD MAY 24 TO 28, 1945, INCIDENT TO ORDERS DATED MAY 21, 1945, DIRECTING YOUR TRAVEL TO FORT DIX SEPARATION CENTER, FORT DIX, NEW JERSEY, TO BE DISCHARGED FROM THE MILITARY SERVICE.

THE RECORD DISCLOSES THAT YOU ENLISTED IN THE REGULAR ARMY AT PHILADELPHIA, PENNSYLVANIA, ON SEPTEMBER 11, 1939. BY SPECIAL ORDERS NO. 141, HAMILTON FIELD, CALIFORNIA, DATED MAY 21, 1945, YOU WERE DIRECTED, UNDER THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 422, 1944, MAY 22, 1945, TO THE SEPARATION CENTER, FORT DIX, NEW JERSEY, TO BE DISCHARGED FROM THE MILITARY SERVICE UNDER THE PROVISIONS OF ARMY REGULATIONS 615-365 (CONVENIENCE OF THE GOVERNMENT). YOU WERE DISCHARGED AT FORT DIX ON JUNE 4, 1945. YOUR DEPENDENTS TRAVELED FROM SAN RAFAEL, CALIFORNIA, TO PHILADELPHIA, PENNSYLVANIA, DURING THE PERIOD FROM MAY 24 TO 28, 1945. YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF DEPENDENT TRAVEL WAS ADMINISTRATIVELY DENIED BY LETTER OF JUNE 23, 1945, FROM THE FINANCE OFFICE, UNITED STATES ARMY, WASHINGTON, D.C., FOR THE REASON THAT TRANSPORTATION AT GOVERNMENT EXPENSE FROM LAST DUTY STATION TO HOME FOR DEPENDENTS OF ENLISTED MEN OF THE REGULAR ARMY WAS NOT AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366. JUNE 12, 1950, YOU SUBMITTED A CLAIM FOR SETTLEMENT BY OUR OFFICE, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT OF AUGUST 21, 1950, FOR THE SAME REASON AS STATED PREVIOUSLY BY THE ADMINISTRATIVE OFFICE.

IN YOUR LETTER YOU STATE THAT YOU HAD ACCEPTED THE DECISION OF OUR OFFICE IN THE MATTER BUT WERE FORWARDING A COPY OF YOUR DISCHARGE CERTIFICATE DATE JUNE 4, 1945, WHICH INDICATES THAT YOU WERE DISCHARGED FROM SERVICE IN THE ARMY OF THE UNITED STATES. SINCE IT WAS STATED IN THE SETTLEMENT OF AUGUST 21, 1950, THAT TRANSPORTATION OF DEPENDENTS OF MEMBERS OF THE ARMY OF THE UNITED STATES WAS AUTHORIZED FROM LAST PERMANENT DUTY STATION TO HOME, YOU EXPRESS THE BELIEF THAT YOU WERE ENTITLED TO TRAVEL OF YOUR DEPENDENTS AT GOVERNMENT EXPENSE TO YOUR HOME OF RECORD.

SECTION 1 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, 10 U.S.C. 2 (1946 ED.), IN EFFECT AT THE TIME INVOLVED, PROVIDED THAT THE ARMY OF THE UNITED STATES SHALL CONSIST OF THE REGULAR ARMY, THE NATIONAL GUARD OF THE UNITED STATES, THE NATIONAL GUARD WHILE IN THE SERVICE OF THE UNITED STATES, THE OFFICERS' RESERVE CORPS, THE ORGANIZED RESERVES, THE ENLISTED RESERVE CORPS, AND SHALL INCLUDE PERSONS INDUCTED INTO THE LAND FORCES OF THE UNITED STATES UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 885. SECTION 2 OF JOINT RESOLUTION DATED DECEMBER 13, 1941, 55 STAT. 800, EXTENDED THE PERIODS OF SERVICE, TRAINING AND SERVICE, AND ENLISTMENTS OF ALL MEMBERS OF THE ARMY OF THE UNITED STATES FOR THE DURATION OF THE WAR AND DURING THE 6 MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR, PROVIDED, HOWEVER, THAT THE PRESIDENT COULD TERMINATE SUCH PERIODS OF SERVICE, TRAINING AND SERVICE, OR ENLISTMENT AT AN EARLIER DATE IN ANY CASE.

YOUR ENLISTMENT IN THE REGULAR ARMY, ENTERED INTO SEPTEMBER 11, 1939, MADE YOU A MEMBER OF THE ARMY OF THE UNITED STATES, AND UNDER THE PROVISIONS OF THE ACT OF DECEMBER 13, 1941, YOUR ENLISTMENT PERIOD WAS EXTENDED FOR THE DURATION OF THE WAR AND 6 MONTHS THEREAFTER UNLESS TERMINATED SOONER BY THE PRESIDENT OR HIS DESIGNATED REPRESENTATIVE. THE ORDERS OF MAY 21, 1945, PROVIDED THAT UNDER THE PROVISIONS OF WAR DEPARTMENT CIRCULAR NO. 422, 1944, AS AMENDED, YOUR DISCHARGE FROM THE SERVICE WAS AUTHORIZED AND, UPON YOUR ARRIVAL AT THE SEPARATION CENTER, FORT DIX, NEW JERSEY, IT WOULD BE PROCESSED IN ACCORDANCE WITH THE PROVISIONS OF ARMY REGULATIONS 615-365) CONVENIENCE OF THE GOVERNMENT) PARAGRAPH 6 OF THE REGULATION PROVIDED THAT A DISCHARGE UNDER THAT REGULATION WILL BE "* * * AN HONORABLE DISCHARGE FROM THE ARMY OF THE UNITED STATES (WD AGO FORM 55) * * *.' THEREFORE THE DISCHARGE CERTIFICATE DISCHARGED YOU AS A MEMBER OF THE REGULAR ARMY COMPONENT OF THE ARMY OF THE UNITED STATES.

IN DECISION OF JUNE 22, 1945, B-45487 (24 COMP. GEN. 915), WE HELD THAT MEMBERS OF THE ENLISTED RESERVE CORPS AND MEMBERS WHO WERE INDUCTED INTO THE ARMY OF THE UNITED STATES WERE ENTITLED IN PROPER CASES TO THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS FROM LOST DUTY STATION TO HOME, AUTHORIZED BY SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 365, 366. HOWEVER, IN DECISION OF JUNE 19, 1946, B-56031 (25 COMP. GEN. 887), WE CONCLUDED THAT THE PROVISIONS OF SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942 DID NOT APPLY TO ENLISTED MEMBERS OF THE REGULAR ARMY UPON DISCHARGE FROM THE SERVICE. THEREFORE, AN ENLISTED MEMBER OF THE REGULAR ARMY WAS NOT ENTITLED TO THE TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS UPON DISCHARGE, EVEN THOUGH HE WAS RETAINED IN SERVICE DURING THE WAR BEYOND THE EXPIRATION OF HIS ENLISTMENT CONTRACT. COPIES OF THE ABOVE DECISIONS ARE ENLCOSED FOR YOUR INFORMATION. THE STATEMENT IN THE SETTLEMENT OF AUGUST 21, 1950, THAT OFFICERS AND ENLISTED MEN OF THE ARMY OF THE UNITED STATES WERE ENTITLED TO TRANSPORTATION OF DEPENDENTS FROM LAST PERMANENT DUTY STATION TO HOME HAD REFERENCE TO OFFICERS APPOINTED IN THE ARMY OF THE UNITED STATES WITHOUT COMPONENT AND ENLISTED MEMBERS INDUCTED INTO THE ARMY OF THE UNITED STATES. WHILE YOUR DISCHARGE CERTIFICATE PROVIDED FOR YOUR DISCHARGE FROM THE ARMY OF THE UNITED STATES, YOU WERE IN FACT DISCHARGED AS A MEMBER OF THE REGULAR ARMY COMPONENT OF SUCH ARMY.