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B-152931, APR. 8, 1964

B-152931 Apr 08, 1964
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CARLSTEN: REFERENCE IS MADE TO YOUR LETTER DATED MARCH 6. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR TRANSFER UNDER THE ORDERS OF JULY 6. WAS PERMISSIVE IN CHARACTER. THE FACTS OF THE MATTER HAVE BEEN STATED IN OUR DECISION OF JANUARY 24. TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED BY STATUTE INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION CAN NOT ACCRUE UNLESS THE MEMBER'S STATION CHANGE IS DIRECTED AS A MATTER OF PUBLIC BUSINESS BECAUSE OF A MILITARY NEED FOR HIS SERVICES AT THE NEW DUTY STATION. THIS IS TRUE REGARDLESS OF THE EXISTENCE OF ORAL OR WRITTEN UNDERSTANDINGS OR REPRESENTATIONS BY EITHER THE MEMBER OR HIS SUPERIOR OFFICERS TO THE CONTRARY. REGARDLESS OF WHETHER OR NOT WAIVERS TO THE ALLOWANCES ARE EXECUTED.

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B-152931, APR. 8, 1964

TO MR. RAYMOND S. CARLSTEN:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 6, 1964, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED JANUARY 24, 1964, B 152931. IN THAT DECISION WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR DISLOCATION ALLOWANCE, INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS DATED JULY 6, 1961. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR TRANSFER UNDER THE ORDERS OF JULY 6, 1961, WAS PERMISSIVE IN CHARACTER.

THE FACTS OF THE MATTER HAVE BEEN STATED IN OUR DECISION OF JANUARY 24, 1964, TO YOU AND NEED NOT BE RESTATED HERE. AS POINTED OUT TO YOU IN THAT DECISION, TRAVEL AND TRANSPORTATION ALLOWANCES AUTHORIZED BY STATUTE INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION CAN NOT ACCRUE UNLESS THE MEMBER'S STATION CHANGE IS DIRECTED AS A MATTER OF PUBLIC BUSINESS BECAUSE OF A MILITARY NEED FOR HIS SERVICES AT THE NEW DUTY STATION. THIS IS TRUE REGARDLESS OF THE EXISTENCE OF ORAL OR WRITTEN UNDERSTANDINGS OR REPRESENTATIONS BY EITHER THE MEMBER OR HIS SUPERIOR OFFICERS TO THE CONTRARY, AND REGARDLESS OF WHETHER OR NOT WAIVERS TO THE ALLOWANCES ARE EXECUTED.

THE OFFICIAL RECORD AS REPORTED TO US SHOWS THAT YOUR ASSIGNMENT AT MINNEAPOLIS WAS AUTHORIZED AS A TRANSFER TO AN AREA OF YOUR CHOICE FOR TRANSFER TO THE FLEET RESERVE UNDER CIRCUMSTANCES NOT INVOLVING THE ELEMENT OF PUBLIC BUSINESS, AND THAT SUCH TRANSFER WOULD NOT HAVE BEEN ACCOMPLISHED IF YOU HAD NOT CLEARLY MADE IT UNDERSTOOD TO THE ORDER ISSUING AUTHORITY THAT YOU WISHED TO RETURN TO MINNEAPOLIS. IN THE ABSENCE OF CLEAR PROOF OF ERROR WE MAY NOT DISREGARD THE OFFICIAL GOVERNMENT RECORDS IN THE SETTLEMENT OF CLAIMS AND YOUR PRESENTATION DOES NOT CLEARLY ESTABLISH THAT THE OFFICIAL RECORDS ARE IN ERROR. WHILE IT IS UNFORTUNATE THAT YOU DID NOT UNDERSTAND THAT YOUR TRANSFER COULD BE AUTHORIZED UNDER THE OFFICIALLY REPORTED CONDITIONS ONLY ON A NO-COST BASIS, SUCH CIRCUMSTANCE DOES NOT PROVIDE THIS OFFICE WITH A LEGAL BASIS TO ALLOW YOUR CLAIM.

ACCORDINGLY, THE CONCLUSION REACHED IN OUR DECISION OF JANUARY 24, 1964, IS SUSTAINED.

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