B-103023, MAY 23, 1951, 30 COMP. GEN. 480

B-103023, MAY 23, 1951, 30 COMP. GEN. 480

TRAVEL ALLOWANCE - WAIVER A WAIVER OF TRAVEL ALLOWANCE IF SUPPORTED BY PROPER CONSIDERATION CONSTITUTES A VALID CONTRACT BETWEEN AN ENLISTED MAN AND THE GOVERNMENT AND IS BINDING UPON THE PARTIES CONCERNED, AND THEREFORE AN ENLISTED MAN OF THE NAVAL RESERVE WHO REQUESTED TO BE DISCHARGED AT A PARTICULAR PLACE INSTEAD OF BEING TRANSFERRED TO A DESIGNATED SEPARATION CENTER WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES FOR PROCESSING AND DISCHARGE, AS PROVIDED FOR BY APPLICABLE NAVY REGULATIONS, AND IN CONSIDERATION THEREOF WAIVED HIS RIGHT TO TRAVEL ALLOWANCE, MAY NOT THEREAFTER BE PAID SUCH ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO HENRY M. JASTREMSKI, MAY 23, 1951:

REFERENCE IS MADE TO YOUR LETTER RECEIVED IN THIS OFFICE ON MARCH 30, 1951, RELATIVE TO YOUR CLAIM FOR TRAVEL ALLOWANCE FROM NEWPORT, RHODE ISLAND, TO BAY CITY, MICHIGAN, INCIDENT TO YOUR DISCHARGE FROM THE NAVAL SERVICE. INASMUCH AS THIS SAME CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 8, 1947, YOUR LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT YOU WERE ACCEPTED FOR ENLISTMENT AND ENLISTED IN THE U.S. NAVAL RESERVE AT SAGINAW, MICHIGAN, ON JANUARY 5, 1942, AND IMMEDIATELY PLACED ON ACTIVE DUTY; THAT YOU WERE DISCHARGED AT NEWPORT, RHODE ISLAND, ON AUGUST 28, 1945, FOR THE CONVENIENCE OF THE GOVERNMENT, AND THAT YOU PROCEEDED THENCE TO YOUR HOME AT BAY CITY, MICHIGAN, AT PERSONAL EXPENSE. THE RECORD SHOWS THAT ON THE DATE OF YOUR DISCHARGE YOU SIGNED A WAIVER OF TRAVEL ALLOWANCE, AS FOLLOWS:

IT IS REQUESTED THAT I BE DISCHARGED AT MY PRESENT STATION IN LIEU OF BEING TRANSFERRED TO A DESIGNATED SEPARATION CENTER WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES. IF THIS REQUEST IS GRANTED, 1 HEREBY VOLUNTARILY WAIVE ALL CLAIM TO TRANSPORTATION IN KIND AND TO TRAVEL ALLOWANCE INVOLVED FROM PLACE OF DISCHARGE TO PLACE OF ACCEPTANCE FOR LAST ENLISTMENT, HOME OF RECORD, LOCAL DRAFT BOARD, OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY, AS THE CASE MAY BE.

A WAIVER OF TRAVEL ALLOWANCE IF SUPPORTED BY PROPER CONSIDERATION CONSTITUTES A CONTRACT BETWEEN THE ENLISTED MAN AND THE GOVERNMENT AND IS BINDING UPON THE PARTIES CONCERNED, 3 COMP. GEN. 207; ID. 534. UNDER THE PROVISIONS OF NAVY SUBSIDIARY DEMOBILIZATION PLAN FOR NAVAL PERSONNEL, AND BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 250, DATED AUGUST 28, 1945, YOU WERE REQUIRED TO BE SENT TO THE U.S. NAVAL PERSONNEL SEPARATION CENTER AT GREAT LAKES, ILLINOIS, FOR PROCESSING AND DISCHARGE, AT WHICH TIME YOU WOULD BE PAID TRAVEL ALLOWANCE FROM THAT PLACE TO SAGINAW. IN SIGNING THE FOREGOING WAIVER, YOU WERE RELIEVED OF THE REQUIREMENT OF TRAVEL TO GREAT LAKES FOR PROCESSING AND SEPARATION, AND YOU SECURED YOUR DISCHARGE FROM THE NAVAL SERVICE AT A DATE EARLIER THAN WOULD HAVE BEEN POSSIBLE IF YOU HAD BEEN DISCHARGED IN THE MANNER PROVIDED IN THE REGULATIONS. THUS THE WAIVER WAS SUPPORTED BY PROPER CONSIDERATION, AND UNDER SUCH CIRCUMSTANCES NO RIGHT TO TRAVEL ALLOWANCE ACCRUED TO YOU.