B-110034, JAN. 15, 1958
Highlights
SETTING OUT IN DETAIL WHY YOU ARE NOT ENTITLED TO ANY ADDITIONAL AMOUNT IT WOULD BE NEEDLESS REPETITION TO RESTATE THE CASE IN DETAIL HERE. WE FIND NO INDICATION IN THE AMENDMENT THAT IT IS A CLARIFICATION OF YOUR ORIGINAL ORDERS. AMENDED TRAVEL ORDERS "AN AMENDMENT WILL BE EFFECTED BY THE ISSUANCE OF A "LETTER" TRAVEL ORDER STATING THE PERTINENT CHANGES. AN AMENDMENT WILL NOT BE ISSUED WITH RETROACTIVE EFFECT TO CHANGE ALLOWANCES PRESCRIBED IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED.'. UNDER THE ABOVE-QUOTED SECTION OF THE AIR FORCE MANUAL ADMINISTRATIVE OFFICIALS OF THE DEPARTMENT OF THE AIR FORCE ARE WITHOUT AUTHORITY TO AMEND TRAVEL ORDERS RETROACTIVELY TO EITHER INCREASE OR DECREASE ALLOWANCES IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED.
B-110034, JAN. 15, 1958
TO MR. PHILIP R. MILES:
YOUR LETTER OF SEPTEMBER 24, 1957, WITH ENCLOSURE, AND YOUR LETTER OF NOVEMBER 23, 1957, IN EFFECT REQUEST RECONSIDERATION OF THAT PART OF OUR OFFICE SETTLEMENT DATED FEBRUARY 21, 1957, RELATING TO YOUR TRAVEL IN THE ZONE OF THE INTERIOR IN CONNECTION WITH REEMPLOYMENT LEAVE GRANTED YOU AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, 18TH FIGHTER BOMBER WING (FEAF), APO 239, SAN FRANCISCO, CALIFORNIA.
INASMUCH AS OUR OFFICE FULLY CONSIDERED YOUR CASE IN OUR DECISION OF MAY 29, 1957, AND OUR LETTER OF JULY 30, 1957, TO YOU, SETTING OUT IN DETAIL WHY YOU ARE NOT ENTITLED TO ANY ADDITIONAL AMOUNT IT WOULD BE NEEDLESS REPETITION TO RESTATE THE CASE IN DETAIL HERE.
YOU FORWARDED TO OUR OFFICE LETTER ORDER 401, DATED SEPTEMBER 19, 1957, WHICH PURPORTS TO AMEND PARAGRAPH 2 OF LETTER ORDER 257, DATED MAY 10, 1955. PARAGRAPH 2 OF LETTER ORDER 287, SO FAR AS HERE MATERIAL, AUTHORIZED "LAND TRAVEL" FROM THE PORT OF EMBARKATION IN THE ZONE OF THE INTERIOR TO SANFORD, FLORIDA, AND RETURN TO THE PORT OF DEBARKATION AT SAN FRANCISCO BY THE MOST ECONOMICAL ROUTE. LETTER ORDER 401 PURPORTS TO AMEND PARAGRAPH 2 OF LETTER ORDER 287 TO READ "RAIL AND BUS" INSTEAD OF "LAND TRAVEL.' WE FIND NO INDICATION IN THE AMENDMENT THAT IT IS A CLARIFICATION OF YOUR ORIGINAL ORDERS, BUT RATHER THE USE OF THE WORD "AMENDED" CONNOTES CHANGE OR ALTERATION OF THE RIGHTS UNDER YOUR ORIGINAL ORDERS.
AIR FORCE MANUAL 40-10 WHICH PRESCRIBES POLICIES AND REGULATIONS WITH REGARD TO TRAVEL OF AIR FORCE CIVILIAN EMPLOYEES TRAVELING ON OFFICIAL BUSINESS PROVIDES IN PARAGRAPH 6, CHAPTER 2, IN PART, AS FOLLOWS:
"6. AMENDED TRAVEL ORDERS
"AN AMENDMENT WILL BE EFFECTED BY THE ISSUANCE OF A "LETTER" TRAVEL ORDER STATING THE PERTINENT CHANGES, ADDITIONS, OR DELETIONS AND CITING REFERENCE TO THE ORIGINAL TRAVEL ORDER. A TRAVEL ORDER MAY BE AMENDED SUBJECT TO THE FOLLOWING:
"C. * * *. AN AMENDMENT WILL NOT BE ISSUED WITH RETROACTIVE EFFECT TO CHANGE ALLOWANCES PRESCRIBED IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED.'
UNDER THE ABOVE-QUOTED SECTION OF THE AIR FORCE MANUAL ADMINISTRATIVE OFFICIALS OF THE DEPARTMENT OF THE AIR FORCE ARE WITHOUT AUTHORITY TO AMEND TRAVEL ORDERS RETROACTIVELY TO EITHER INCREASE OR DECREASE ALLOWANCES IN AN ORDER UNDER WHICH TRAVEL HAS BEEN PERFORMED.
THEREFORE, UPON REVIEW THE SETTLEMENT OF FEBRUARY 21 MUST BE AND IS SUSTAINED.