B-119636, FEB 4, 1955

B-119636, FEB 4, 1955

PRECIS-UNAVAILABLE

STAFF SERGEANT DONOVAN E. WALLICK, AF-19,329,125:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 3, 1954, WITH ENCLOSURES, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 15, 1953, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE BELIEVED TO BE DUE AT DATE OF DISCHARGE, JUNE 24, 1951, AS SERGEANT, UNITED STATES AIR FORCE, SERVICE NO. AF-19,329,125.

THE RECORD SHOWS THAT ON JUNE 25, 1948, YOU ENLISTED FOR THREE YEARS AT LOS ANGELES, CALIFORNIA; THAT YOUR HOME ADDRESS AT THAT TIME WAS 5858 AGRA STREET, BELL, CALIFORNIA; THAT YOU WERE HONORABLY DISCHARGED AT HEADQUARTERS, BERMUDA BASE COMMAND, APO 856, ON JUNE 24, 1951; THAT YOU REENLISTED AT THAT STATION ON JUNE 25, 1951; THAT REENLISTMENT LEAVE WAS DEFERRED UNTIL COMPLETION OF YOUR OVERSEAS TOUR OF DUTY; AND THAT YOU WERE CREDITED CURRENTLY WITH TRAVEL ALLOWANCE FROM WILMINGTON, CALIFORNIA, TO BELL, CALIFORNIA (20 MILES AT 6 CENTS A MILE, $1.20). IT FURTHER APPEARS THAT ON JULY 15, 1951, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION FROM BERMUDA TO THE 1600TH MAINTENANCE AND SUPPLY GROUP, WESTOVER AIR FORCE BASE, MASSACHUSETTS. BY SPECIAL ORDER NO. 137, ISSUED AT THAT STATION ON JULY 24, 1951, YOU WERE GRANTED 30 DAYS' REENLISTMENT LEAVE, EFFECTIVE JULY 25, 1951, TO TERMINATE ON AUGUST 24, 1951. YOUR ADDRESS WHILE ON LEAVE WAS SHOWN IN THESE ORDERS AS 5858 AGRA STREET, BELL, CALIFORNIA.

IN THE SETTLEMENT OF JANUARY 15, 1953, YOU WERE ADVISED THAT SINCE YOU WERE DISCHARGED OVERSEAS AND NO TRAVEL WAS TO BE PERFORMED YOU WERE ENTITLED TO TRAVEL ALLOWANCE ONLY FROM THE PORT OF DEBARKATION NEAREST YOUR HOME OF RECORD, AS PROVIDED BY THE REGULATIONS IN EFFECT AT THAT TIME. IN YOUR LETTER YOU STATE THAT "IMMEDIATELY UPON RETURNING TO THE ZI I REQUESTED A RE-ENLISTMENT LEAVE TO MY HOME IN CALIFORNIA. MY LEAVE BECAME EFFECTIVE ON 25 JULY 1951, ONE MONTH AFTER MY DISCHARGE DATE, THUS, TRAVEL WAS PERFORMED," AND THAT THE REGULATIONS REFERRED TO IN THE SETTLEMENT OF YOUR CLAIM "ALSO STATED (TO THE BEST OF MY MEMORY) 'THE DISTANCE WILL BE COMPUTED FROM THE NEAREST PORT OF DEBARKATION TO THE PLACE SELECTED TO WHICH AIR OR SEA TRAVEL IS FURNISHED.' I WAS FURNISHED AIR TRAVEL TO WESTOVER AIR FORCE BASE, MASSACHUSETTS."

SECTION 302(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. $13, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES UPON SEPARATION FROM THE SERVICE REGARDLESS OF WHETHER OR NOT TRAVEL IS PERFORMED. WITH RESPECT TO THE COMPUTATION OF DISTANCES FOR WHICH MILEAGE WILL BE PAID TO POINTS IN THE UNITED STATES IN CASES OF MEMBERS SEPARATED OVERSEAS, PARAGRAPH 4156, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT, WHICH CONTEMPLATES THAT IN SUCH CASES TRANSPORTATION TO CONTINENTAL UNITED STATES WILL BE FURNISHED IN KIND, PROVIDES (A) THAT WHEN MEMBERS ARE DISCHARGED OVERSEAS AND TRAVEL IS TO BE PERFORMED, "DISTANCE WILL BE COMPUTED FROM THE PORT OF DEBARKATION IN THE UNITED STATES TO WHICH WATER OR AIR TRANSPORTATION IS FURNISHED IN KIND TO THE PLACE SELECTED OR AUTHORIZED IN ACCORDANCE WITH THESE REGULATIONS" AND (B) WHEN TRAVEL IS NOT TO BE PERFORMED THE "DISTANCE WILL BE COMPUTED TO THE PLACE SELECTED OR AUTHORIZED IN ACCORDANCE WITH THESE REGULATIONS FROM THE PORT OF DEBARKATION NEAREST THE PLACE SO SELECTED OR AUTHORIZED. (SEE SUBPAR. 5B)." THE IMPORT OF THIS REGULATION IS, AS TO A MEMBER WHO ELECTS TO RETURN TO THE UNITED STATES UPON BEING SEPARATED FROM THE SERVICES AT AN OVERSEAS STATION, THAT THE GOVERNMENT WILL DISCHARGE ITS OBLIGATION TO RETURN HIM TO HIS HOME, OR OTHER AUTHORIZED PLACE, BY FURNISHING TRANSPORTATION IN KIND TO CONTINENTAL UNITED STATES, SUPPLEMENTED FOR LAND TRAVEL BY PAYMENT OF MILEAGE FOR THE DISTANCE FROM THE POINT TO WHICH SUCH TRANSPORTATION IN KIND IN FACT IS FURNISHED TO THE PLACE TO WHICH ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE. AS TO A MEMBER WHO REENLISTS AT THE OVERSEAS STATION, OR FOR OTHER REASONS ELECTS NOT TO RETURN TO CONTINENTAL UNITED STATES, WHICH RESULTS IN NO TRANSPORTATION IN KIND BEING FURNISHED INCIDENT TO HIS DISCHARGE, THE REGULATION IS PREMISED UPON THE ASSUMPTION THAT HAD TRANSPORTATION IN KIND BEEN FURNISHED IT WOULD HAVE BEEN BY GOVERNMENT VESSEL TO THE PORT NEAREST THE MEMBER'S HOME, AND HENCE PAYMENT OF MILEAGE IS AUTHORIZED ONLY FROM SUCH POINT TO THE MEMBER'S HOME. THE STATUTORY AUTHORITY FOR PAYMENT OF TRANSPORTATION ALLOWANCE TO MEMBERS UPON SEPARATION FROM THE SERVICE IS LIMITED TO TRAVEL, EITHER ACTUAL OR CONSTRUCTIVE, INCIDENT TO SUCH SEPARATION AND DOES NOT EXTEND TO TRAVEL WHILE ON FURLOUGH, NOTWITHSTANDING THAT SUCH FURLOUGH MAY BE DESIGNATED A REENLISTMENT FURLOUGH.

SINCE YOU HAVE BEEN PAID THE TRAVEL ALLOWANCE AUTHORIZED BY REGULATIONS IN EFFECT AT THE TIME OF YOUR DISCHARGE AND REENLISTMENT, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 15, 1953, IS SUSTAINED.