B-141572, JUN. 13, 1960

B-141572, JUN. 13, 1960

TO MR. RONALD J. WELLS-HENDERSON:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 14, 1960, AND EARLIER CORRESPONDENCE, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $239.14, INCIDENT TO YOUR SERVICE AS A COMMISSIONED OFFICER, UNITED STATES ARMY RESERVE.

YOU REQUEST INFORMATION, OR THE SOURCE WHERE SUCH INFORMATION MAY BE SECURED, WHY LETTER ORDER NO. R-AD 672 DATED DECEMBER 20, 1955, WHICH ORDERED YOU TO ACTIVE DUTY FOR TRAINING, DIRECTED YOU TO COMMENCE TRAVEL TO FORT LEE, VIRGINIA, JANUARY 15, 1956, AND WHY YOU WERE NOT ADVISED IN THOSE ORDERS OF THE ALLOWABLE TRAVEL TIME. WE ADVISED YOU IN OUR LETTER OF MARCH 18, 1960, B-141572, THAT WE DID NOT HAVE SUCH INFORMATION, THE ISSUANCE OF TRAVEL ORDERS BEING AN ADMINISTRATIVE MATTER. IT MAY BE THAT HEADQUARTERS, SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, WHICH ISSUED THE ORDERS, CAN FURNISH YOU SUCH INFORMATION. HOWEVER, THE FACT THAT THE ALLOWABLE TRAVEL TIME FOR PAY PURPOSES WAS NOT STATED IN YOUR ORDERS AND THAT YOU WERE DIRECTED TO PROCEED ON JANUARY 15 AND REPORT AT FORT LEE, VIRGINIA,"NOT LATER THAN" JANUARY 25, 1956, AFFORDS NO PROPER BASIS FOR PAYMENT OF PAY AND ALLOWANCES FOR TIME IN EXCESS OF THE NUMBER OF DAYS THAT WOULD HAVE BEEN REQUIRED TO PERFORM THE TRAVEL BY RAIL FROM SEATTLE TO FORT LEE.

IN CONNECTION WITH YOUR INQUIRY WHETHER THE FOLLOWING REGULATIONS ARE PERTINENT IN YOUR CASE YOU ARE ADVISED:

(A) AR 37-104, 20-21 (D) WAS NOT IN EFFECT DURING THE PERIOD COVERED BY YOUR CLAIM AND, HENCE, IS NOT APPLICABLE. HOWEVER, ARMY REGULATIONS 35- 1705, DATED JUNE 4, 1951, AS AMENDED, WAS IN EFFECT AT THE TIME AND PROVIDED IN PARAGRAPH 2B (1) THAT "PAY STATUS BEGINS ON THE DATE THAT A MEMBER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY EITHER FOR TRAINING OR MOBILIZATION TO AND INCLUDING THE DATE HE IS RELIEVED FROM ACTIVE DUTY.' THIS IS THE SAME PROVISION AS QUOTED IN YOUR LETTER AND APPLIES IN YOUR CASE. IF YOU HAD REPORTED FOR DUTY AT FORT LEE WITHIN THE NUMBER OF DAYS REQUIRED TO PERFORM THE TRAVEL BY RAIL, AFTER DEPARTING FROM SEATTLE ON JANUARY 15, YOUR PAY STATUS WOULD HAVE COMMENCED ON THAT DATE. HOWEVER, SINCE YOU DID NOT REPORT TO YOUR DUTY STATION UNTIL JANUARY 25, YOU WERE ENTITLED TO BE PAID ONLY FOR THE TIME NECESSARILY REQUIRED TO REPORT ON SUCH DATE.

(B) JOINT TRAVEL REGULATIONS 3003 (CH. 1), 1B, INVOLVES THE EFFECTIVE DATE OF ORDERS DIRECTING A CHANGE OF STATION. WHEN NO LEAVE IS INVOLVED, THE EFFECTIVE DATE IS THE DATE OF DETACHMENT FROM THE OLD STATION. WHEN LEAVE OR DELAY EN ROUTE IS GRANTED BETWEEN THE DATE OF THE MEMBER'S RELIEF FROM HIS OLD STATION AND THE DATE OF REPORTING TO HIS NEW STATION, THE AMOUNT OF LEAVE IS ADDED TO THE DATE OF RELIEF FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE. FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME IS CONSIDERED A PERMANENT CHANGE OF STATION AS CONTEMPLATED BY THIS REGULATION. THE REGULATION, HOWEVER, DOES NOT AUTHORIZE PAY AND ALLOWANCES IN A CASE SUCH AS YOURS FOR TIME IN EXCESS OF THE AMOUNT NECESSARILY REQUIRED TO REPORT TO YOUR DUTY STATION.

WE ADVISED YOU IN OUR LETTER OF MARCH 18, 1960, THAT PER DIEM ALLOWANCES ARE NOT PAYABLE TO A MEMBER OF A RESERVE COMPONENT CALLED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR ANY PERIOD WHILE AT HIS TRAINING STATION. SUCH STATION IS THE ONLY DUTY STATION FOR THE MEMBER AND HE MAY NOT BE CONSIDERED AS A IN A TRAVEL STATUS AWAY FROM HIS DESIGNATED POST OF DUTY. YOU WERE ASSIGNED TO FORT LEE, VIRGINIA, FOR THE PURPOSE OF ATTENDING A BASIC COURSE OF TRAINING.

(C) AR 37-106, 1-3 (A) 3 RELATIVE TO TRAVEL ALLOWANCES WAS NOT IN EFFECT DURING THE PERIOD COVERED BY YOUR CLAIM AND DOES NOT CONTAIN ANY REQUIREMENT THAT PERSONNEL BE INFORMED OF ALLOWABLE TRAVEL TIME. THIS REGULATION PROVIDES THAT TRAVEL ORDERS ISSUED AND COMPLIED WITH VEST IN THE MEMBER THE RIGHT TO THE AUTHORIZED ALLOWANCES, AND THAT NO ACTION MAY BE TAKEN ADMINISTRATIVELY TO INCREASE OR DECREASE THE LEGAL LIABILITY OF THE UNITED STATES SUBSEQUENT TO PERFORMANCE OF ALL OR ANY PART OF THE DIRECTED TRAVEL. THE REGULATION FURTHER PROVIDES THAT THE TERMS OF THE ORDER DO NOT ALWAYS DETERMINE THE NATURE OF THE TRAVEL OR SERVICES PERFORMED THEREUNDER, THAT EACH CASE MUST BE CONSIDERED INDIVIDUALLY WITH THE ACTUAL CIRCUMSTANCES DETERMINING ENTITLEMENT TO THE ALLOWANCES. SINCE YOU WERE NOT ENTITLED TO THE PAYMENTS IN QUESTION WHEN MADE, THE RECOVERY OF SUCH PAYMENTS WILL NOT DIVEST YOU OF ANY AMOUNT TO WHICH YOU ARE ENTITLED OR DECREASE YOUR LEGAL ENTITLEMENT UNDER YOUR TRAVEL ORDERS.

YOUR CLAIM IN THE AMOUNT OF $184 FOR PER DIEM DURING THE PERIOD MARCH 8, 1956, THROUGH APRIL 2, 1956, MAY NOT BE ALLOWED FOR THE SAME REASON THAT PER DIEM WAS ERRONEOUSLY PAID YOU FOR THE PERIOD JANUARY 26, 1956, THROUGH MARCH 7, 1956. DURING BOTH PERIODS YOU WERE AT YOUR TRAINING DUTY STATION WHICH WAS YOUR ONLY STATION AND THUS YOU WERE NOT AWAY FROM YOUR DESIGNATED POST OF DUTY FOR PER DIEM PURPOSES. IF YOU BELIEVE YOU ARE ENTITLED TO PAYMENT OF ANY OTHER AMOUNT FOR THE PERIOD YOU WERE NOT ENTITLED TO PER DIEM, YOU MAY SUBMIT AN ITEMIZED CLAIM TO THE CLAIMS DIVISION OF OUR OFFICE FOR CONSIDERATION. THE BASIS FOR ANY SUCH CLAIM SHOULD BE SET FORTH IN DETAIL.

AS YOU WERE ADVISED IN OUR LETTER OF NOVEMBER 9, 1959, NO ATTEMPT HAS BEEN MADE TO DIVEST YOU OF ANY ALLOWANCES TO WHICH YOU WERE ENTITLED AT THE TIME OF PERFORMANCE OF THE DUTY BUT ONLY TO SECURE REFUND OF AMOUNTS ERRONEOUSLY PAID YOU.

IN CONNECTION WITH YOUR INQUIRY AS TO WHETHER WE ARE AUTHORIZED TO DROP SUCH CLAIMS AS YOURS, YOU ARE ADVISED THAT WE HAVE NO AUTHORITY TO CANCEL CLAIMS IN FAVOR OF THE UNITED STATES OR TO SETTLE SUCH CLAIMS FOR ANY SUM LESS THAN THE FULL AMOUNT DUE. THEREFORE, YOU ARE AGAIN REQUESTED TO REMIT THE SUM OF $239.14 BY CHECK, DRAFT OR MONEY ORDER, PAYABLE TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, ADDRESSED AS FOLLOWS:

U.S. GENERAL ACCOUNTING OFFICE

BOX 2610 ..END :