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YOU ALLEGE THAT SOME OF THE FIGURES SHOWN THERE REPRESENT AMOUNTS WHICH SHOULD HAVE BEEN PAID AND NOT THE AMOUNTS YOU WERE ACTUALLY PAID. OUR RECORDS SHOW THAT THE OFFICIAL DISTANCE FOR DIRECT TRAVEL FROM CAMP KILMER TO FORT BLISS IS 2. WAS PERFORMED AT PERSONAL EXPENSE. YOU WERE FURNISHED TRANSPORTATION IN KIND FROM CHARLESTON. IN THE SETTLEMENT YOU WERE PAID THE ADDITIONAL SUM OF $28.12. OF WHICH $13.56 WAS A MONEY ALLOWANCE COMPUTED AT THE RATE OF 3 CENTS PER MILE ON 452 MILES (2. $5 WAS FOR FOUR ADDITIONAL MEALS AT $1.25 A MEAL. SINCE PART OF THE JOURNEY BETWEEN DUTY STATIONS WAS PERFORMED AT PERSONAL EXPENSE AND YOU WERE FURNISHED COMMERCIAL TRANSPORTATION IN KIND FOR THE REMAINING PORTION.

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B-129319, JUL. 30, 1958

TO MR. ROBERT EANS:

YOUR LETTER OF JUNE 20, 1958, REQUESTS FURTHER CONSIDERATION OF THE SETTLEMENT DATED JULY 11, 1958, MADE IN COMPLIANCE WITH OUR DECISION TO YOU DATED JUNE 16, 1958, B-129319, OF YOUR CLAIM FOR ADDITIONAL PAY AND ALLOWANCES FOR YOUR SERVICE IN THE ARMY DURING THE PERIOD FROM JULY 8,1948, TO APRIL 20, 1950.

IT APPEARS TO BE YOUR VIEW THAT THE SUM RECEIVED DOES NOT EFFECT A SATISFACTORY ADJUSTMENT OF YOUR PAY ACCOUNT. YOU STATE THAT THE PAYMENT RECEIVED FOR TRAVEL FROM CAMP KILMER, NEW JERSEY, TO FORT BLISS, TEXAS, DOES NOT FULLY REIMBURSE YOU FOR THE TRAVEL EXPENSES INCURRED. YOU ALSO STATE THAT THE PERIOD COVERED BY THE DETAILED STATEMENT OF YOUR PAY ACCOUNT AS FURNISHED IN OUR LETTER OF JUNE 14, 1957, DOES NOT FULLY COVER PAY AND ALLOWANCES DUE YOU FROM JULY 8, 1948, THE DATE YOU ENTERED ON ACTIVE DUTY IN THE ARMY, AND YOU ALLEGE THAT SOME OF THE FIGURES SHOWN THERE REPRESENT AMOUNTS WHICH SHOULD HAVE BEEN PAID AND NOT THE AMOUNTS YOU WERE ACTUALLY PAID.

AS INDICATED IN PARAGRAPH 3 OF OUR LETTER OF JUNE 16, 1958, SPECIAL ORDERS NO. 158, WHICH EFFECTED YOUR TRANSFER FROM CAMP KILMER TO FORT BLISS, SPECIFICALLY PROVIDED THAT UPON COMPLETION OF AUTHORIZED TRAVEL, YOU WOULD BE REIMBURSED FOR 10 MEALS AT $1.25 PER MEAL, PLUS A MONETARY ALLOWANCE (IN LIEU OF TRANSPORTATION) AT THE RATE OF 3 CENTS A MILE FOR THE JOURNEY AUTHORIZED.

OUR RECORDS SHOW THAT THE OFFICIAL DISTANCE FOR DIRECT TRAVEL FROM CAMP KILMER TO FORT BLISS IS 2,249 MILES, AND THAT ALTHOUGH YOUR TRAVEL FROM CAMP KILMER TO PLACE OF LEAVE AT HUNTINGTON, WEST VIRGINIA, WAS PERFORMED AT PERSONAL EXPENSE, YOU WERE FURNISHED TRANSPORTATION IN KIND FROM CHARLESTON, WEST VIRGINIA, TO FORT BLISS, A DISTANCE OF 1,797 MILES, PLUS SIX MEAL TICKETS. IN THE SETTLEMENT YOU WERE PAID THE ADDITIONAL SUM OF $28.12, OF WHICH $13.56 WAS A MONEY ALLOWANCE COMPUTED AT THE RATE OF 3 CENTS PER MILE ON 452 MILES (2,249 LESS 1,797--- THE DIFFERENCE IN THE MILEAGE DISTANCES ABOVE INDICATED); $5 WAS FOR FOUR ADDITIONAL MEALS AT $1.25 A MEAL; AND $9.56 REPRESENTS THE BALANCE SHOWN TO BE DUE AS A RESULT OF THE CORRECTION IN STATEMENT OF ACCOUNT MORE FULLY EXPLAINED IN THE LAST PARAGRAPH OF OUR DECISION DATED JUNE 16, 1958.

PARAGRAPH 33 OF ARMY REGULATIONS NO. 35-4810, DATED JUNE 1, 1948, PROVIDES THAT ENLISTED PERSONNEL WHO PERFORM OFFICIAL TRAVEL UNDER COMPETENT ORDERS SHALL RECEIVE REIMBURSEMENT AT THE RATE OF 3 CENTS A MILE EXCEPT WHERE TRANSPORTATION IN KIND HAS BEEN FURNISHED. SINCE PART OF THE JOURNEY BETWEEN DUTY STATIONS WAS PERFORMED AT PERSONAL EXPENSE AND YOU WERE FURNISHED COMMERCIAL TRANSPORTATION IN KIND FOR THE REMAINING PORTION, THE MONEY ALLOWANCE IN LIEU OF TRANSPORTATION IN KIND IS PAYABLE ONLY FOR THE OFFICIAL DISTANCE OVER THE DIRECT ROUTE, LESS THE DISTANCE FOR WHICH TRANSPORTATION IN KIND WAS ACTUALLY FURNISHED. IN THIS CONNECTION, SEE THE ATTACHED COPY OF OUR DECISION OF THE SECRETARY OF THE NAVY, DATED JULY 8, 1944, B-40663 (24 COMP. GEN. 18).

CONCERNING THAT PORTION OF YOUR LETTER RELATIVE TO THE NONRECEIPT OF PAY AND ALLOWANCES FOR PART OF THE MONTH OF JULY, AND ALSO YOUR ALLEGATION THAT THE FIGURES SHOWN ON THE STATEMENT OF ACCOUNT ARE AT VARIANCE WITH THE AMOUNTS YOU ACTUALLY RECEIVED, IN OUR LETTER TO YOU OF SEPTEMBER 19, 1957, YOU WERE ADVISED THAT THE STATEMENT OF YOUR PAY ACCOUNT WHICH COVERED THE PERIOD AUGUST 1, 1948, TO APRIL 20, 1950, DID NOT INCLUDE THE PERIOD JULY 8 TO 31, 1948, FOR THE REASON THAT IN YOUR ORIGINAL CLAIM YOU WERE CONCERNED PRIMARILY WITH PAYMENTS WHICH AROSE AFTER JULY 31, 1948, AND WHICH REQUIRED AN ADJUSTMENT IN YOUR PAY ACCOUNT. PARAGRAPH 4 OF THE LETTER READS, IN PERTINENT PART, AS FOLLOWS:

"* * * A TRANSCRIPT OF YOUR PAY ACCOUNT FOR THE PERIOD JULY 8 TO 31, 1948, SHOWS THAT YOU WERE PAID IN CASH AS A PRIVATE FIRST CLASS (AT THE RATE OF $80 PER MONTH) IN THE SUM OF $35.31, AND THAT THERE WAS DEDUCTED FROM YOUR PAY $15.92, REPRESENTING A CLASS N ALLOTMENT FOR THE MONTH OF JULY AT $7.96 PER MONTH, PLUS PAYMENT OF THE ALLOTMENT FOR ONE MONTH IN ADVANCE AS REQUIRED BY REGULATIONS, PARTIAL PAYMENT OF $10, AND $0.10 FOR SOLDIERS' HOME DEDUCTIONS. YOUR PAY DURING THE PERIOD OF YOUR SERVICE WAS COMPUTED IN ACCORDANCE WITH THE RATES OF PAY AUTHORIZED BY THE LAWS IN EFFECT DURING THAT TIME.'

THE CONSOLIDATED STATEMENT OF YOUR PAY ACCOUNT SHOWED ALL AMOUNTS ACCRUING TO YOU FOR THE PERIOD AUGUST 1, 1948, TO APRIL 20, 1950. SUCH STATEMENT WAS CAREFULLY PREPARED AND ALL OF THE FIGURES THEREIN CONTAINED WERE BASED UPON OFFICIAL PAY RECORDS AND SUPPORTING DOCUMENTS AS FURNISHED US BY THE DEPARTMENT OF THE ARMY. NOTHING HAS BEEN FOUND IN YOUR LETTER WHICH WARRANTS ANY MODIFICATION OF OUR EARLIER DECISION OR OF THE SETTLEMENT ISSUED IN COMPLIANCE THEREWITH.

ACCORDINGLY, IT MUST BE CONCLUDED THAT THE SETTLEMENT OF JULY 11, 1958, WAS CORRECT AND IT IS SUSTAINED.

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