B-132600, OCTOBER 9, 1957, 37 COMP. GEN. 230

B-132600, OCTOBER 9, 1957, 37 COMP. GEN. 230

MILITARY PERSONNEL - ALIENS DISCHARGED IN THE UNITED STATES - TRAVEL AND TRANSPORTATION REIMBURSEMENT - HOME SELECTED IN UNITED STATES TRAVEL AND TRANSPORTATION ALLOWANCES OF ALIEN MEMBERS OF THE UNIFORMED SERVICES, WHO AT TIME OF OVERSEAS ENLISTMENT HAVE HOMES OF RECORD OUTSIDE THE UNITED STATES, AND WHO ON SEPARATION FROM SERVICE SELECT A HOME IN THE UNITED STATES, ARE NOT GOVERNED BY THE ACT OF JUNE 30, 1950, 8 U.S.C. 1440 NOTE, WHICH QUALIFIES HONORABLY DISCHARGED ALIENS FOR PERMANENT RESIDENCE IN THE UNITED STATES, BUT ARE GOVERNED BY JOINT TRAVEL REGULATIONS WHICH LIMIT TRAVEL AND TRANSPORTATION ALLOWANCES TO AN AMOUNT NOT TO EXCEED THE COST FROM THE LAST DUTY STATION TO THE NEAREST PORT OF EMBARKATION, AND, THEREFORE, REIMBURSEMENT FOR TRAVEL AND TRANSPORTATION EXPENSES FOR A GREATER DISTANCE TO A HOME OF SELECTION IN THE UNITED STATES MAY NOT BE MADE.

TO N. P. HANNA, DEPARTMENT OF THE ARMY, OCTOBER 9, 1957:

THERE WAS TRANSMITTED TO US BY FIRST ENDORSEMENT DATED JULY 15, 1957, YOUR LETTER OF JULY 3, 1957, SUBMITTING A VOUCHER IN FAVOR OF VLADIMIR RODOVSKY, RA 10812230, IN THE SUM OF $45.42, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED.

THE CIRCUMSTANCES SHOWN ARE THAT SPECIALIST 2D CLASS RODOVSKY, AN ALIEN, ENLISTED IN THE UNITED STATES ARMY ON APRIL 4, 1952, FOR 5 YEARS UNDER THE PROVISIONS OF THE ACT OF JUNE 30, 1950, 64 STAT. 316, AS AMENDED BY THE ACT OF JUNE 19, 1951, 65 STAT. 89, 10 U.S.C. 621C. HIS HOME OF RECORD AT TIME OF ENLISTMENT WAS SOUTHOFEN, GERMANY. THE PLACE OF ENLISTMENT APPARENTLY WAS OVERSEAS. UPON SEPARATION FROM THE SERVICE ON APRIL 3, 1957, AT FORT BENNING, GEORGIA, HE AND HIS WIFE TRAVELED FROM THAT STATION TO NORTH RIVERSIDE, ILLINOIS, THE PLACE SELECTED BY HIM AS HIS HOME. PAYMENT FOR THE TRAVEL WAS LIMITED TO THE AMOUNT DUE FOR TRAVEL FROM FORT BENNING, GEORGIA, TO NEW ORLEANS, LOUISIANA, THE NEAREST PORT OF EMBARKATION FOR TRAVEL TO HOME OF RECORD. THE AMOUNT CLAIMED ON THE PRESENT VOUCHER IS FOR TRAVEL AS ACTUALLY PERFORMED BY THE ENLISTED MAN AND HIS WIFE LESS THE PRIOR PAYMENT. YOU STATE THAT REGULATIONS CURRENTLY DO NOT AUTHORIZE TRAVEL UPON DISCHARGE TO ANY POINT OTHER THAN HOME OF RECORD OR PLACE OF ENTRY ON ACTIVE DUTY, AND YOU EXPRESS THE OPINION THAT THIS IS INCONSISTENT WITH PARAGRAPH 8, SPECIAL REGULATIONS 615-120-15, WHICH DOES NOT CONTEMPLATE THE RETURN BY THE MEMBERS SUCH AS THE CLAIMANT TO HIS HOME OF RECORD OR PLACE OF ENTRY ON ACTIVE DUTY.

ORDINARILY, DOUBTFUL CLAIMS OF MEMBERS NO LONGER IN ACTIVE SERVICE SHOULD BE SUBMITTED TO OUR CLAIMS DIVISION FOR DIRECT SETTLEMENT. 34 COMP. GEN. 241. HOWEVER, IN TRANSMITTING YOUR LETTER HERE, THE CHIEF OF FINANCE REQUESTED THAT DECISION BE RENDERED IN ORDER THAT REMAINING MEMBERS IN THE SAME CATEGORY MAY BE ADVISED OF THEIR RIGHTS TO TRAVEL ALLOWANCES PRIOR TO SEPARATION FROM THE SERVICE.

PARAGRAPH 8, SPECIAL REGULATIONS SR-615-120-15, DATED DECEMBER 19, 1952, PARAPHRASES SECTION 4 OF THE ACT OF JUNE 30, 1950, 8 U.S.C. 1440 NOTE, MENTIONED ABOVE, BY PROVIDING THAT ANY ALIEN ENLISTED OR REENLISTED PURSUANT TO THAT ACT WHO SUBSEQUENTLY ENTERS THE UNITED STATES PURSUANT TO MILITARY ORDERS SHALL, IF OTHERWISE QUALIFIED FOR CITIZENSHIP, AND AFTER COMPLETION OF FIVE YEARS OR MORE OF MILITARY SERVICE, IF HONORABLY DISCHARGED THEREFROM, BE DEEMED TO HAVE BEEN LAWFULLY ADMITTED TO THE UNITED STATES FOR PERMANENT RESIDENCE WITHIN THE MEANING OF SECTION 324A OF THE NEUTRALITY ACT OF 1940, AS AMENDED, 8 U.S.C. 724.

SECTION 303A OF THE CAREER COMPENSATION ACT AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL UNDER COMPETENT ORDERS UPON CHANGE OF PERMANENT STATION INCLUDING, UPON RELEASE FROM ACTIVE DUTY, FROM LAST STATION TO HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. FURTHER PROVIDES THE SECRETARIES MAY AUTHORIZE ADVANCE PAYMENTS OF TRAVEL AND TRANSPORTATION ALLOWANCES. PARAGRAPH 4157-1B, JOINT TRAVEL REGULATIONS, PROVIDES THAT A MEMBER WHO UPON RELIEF FROM ACTIVE DUTY IS ENTITLED TO TRAVEL ALLOWANCES TO HOME OF RECORD OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY WHICH IS LOCATED OUTSIDE THE UNITED STATES WILL BE ENTITLED TO TRAVEL ALLOWANCES AS PROVIDED IN PARAGRAPH 4159. PARAGRAPH 4159-5 OF THE REGULATIONS PROVIDES THAT UPON RELIEF FROM ACTIVE DUTY A MEMBER WHO IS ENTITLED TO TRAVEL TO A POINT OUTSIDE THE UNITED STATES MAY BE PAID MILEAGE TO A PORT OF EMBARKATION WITHOUT REGARD TO ACTUAL PERFORMANCE OF TRAVEL. IT FURTHER PROVIDES THAT WHEN THE PLACE TO WHICH TRAVEL IS AUTHORIZED IS EAST OF 100 DEGREES WEST LONGITUDE BUT WEST OF 100 DEGREES EAST LONGITUDE, THE PORT OF NEW YORK, NEW ORLEANS, OR NORFOLK, VIRGINIA, WHICHEVER INVOLVES THE LESSER AMOUNT OF LAND TRAVEL IN THE UNITED STATES, WILL APPLY.

IN THE PRESENT CASE, PAYMENT OF MILEAGE WAS MADE ON THAT BASIS. REIMBURSEMENT FOR TRAVEL FOR THE MEMBER'S WIFE ALSO WAS MADE ON THE BASIS OF TRAVEL BETWEEN THE SAME POINTS AFTER TRAVEL HAD BEEN COMPLETED FOR A GREATER DISTANCE. BOTH PAYMENTS APPEAR CORRECT. WHILE THE ACT OF JUNE 30, 1950, CLEARLY CONTEMPLATES RESIDENCE IN THE UNITED STATES, SUCH ACT DOES NOT GOVERN TRAVEL AND TRANSPORTATION ALLOWANCE OF MEMBERS OF THE UNIFORMED SERVICES. SINCE, UNDER CONTROLLING LAW AND REGULATIONS, THE MEMBER WAS ENTITLED TO NO GREATER TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIMSELF AND HIS DEPENDENT THAN FROM HIS LAST STATION TO THE NEAREST PORT OF EMBARKATION, NO ENTITLEMENT EXISTS FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR A GREATER DISTANCE TO A HOME OF HIS SELECTION IN THE UNITED STATES. PAYMENT ON THE VOUCHER NOT BEING AUTHORIZED, IT WILL BE RETAINED HERE.