B-118578, JUL 28, 1954

B-118578, JUL 28, 1954

PRECIS-UNAVAILABLE

MR. WINDOL I. WYLIE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 14, 1953, AND ENCLOSURE, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JULY 29, 1953, BY WHICH YOU WERE ALLOWED THE SUM OF $27 ON YOUR CLAIM FOR TRAVEL ALLOWANCE FROM DALLAS, TEXAS, TO PORTLAND, OREGON, AND RETURN, INCIDENT TO TRAVEL PERFORMED PURSUANT TO PARAGRAPH 80, SPECIAL ORDERS NO. 267, DATED NOVEMBER 28, 1950, AND PARAGRAPH 3, SPECIAL ORDERS NO. 11, DATED JANUARY 16, 1951, AMENDED, RESPECTIVELY, BY PARAGRAPH 31, SPECIAL ORDERS NO. 145, DATED JULY 26, 1951, AND PARAGRAPH 3, SPECIAL ORDERS NO. 179, DATED AUGUST 29, 1951.

THE AMOUNT ALLOWED BY THE SETTLEMENT WAS COMPUTED ON THE BASIS OF THE DISTANCE FROM PROSSER, WASHINGTON, TO PORTLAND, OREGON, AND RETURN, AS A REPORT DATED JULY 2, 1953, FROM HEADQUARTERS, TENTH AIR FORCE, SELFRIDGE AIR FORCE BASE, MICHIGAN, SHOWS THAT YOUR PERMANENT HOME ADDRESS OF RECORD ON NOVEMBER 28, 1950 - DATE OF YOUR ORDERS TO EXTENDED ACTIVE DUTY - WAS ROUTE NO. 2, PROSSER, WASHINGTON.

YOU STATE IN YOUR LETTER OF DECEMBER 14, 1953, THAT YOU SENT A CHANGE OF ADDRESS NOTICE "ON OR ABOUT NOV. 11, 1950," "TO THE RESERVE SQDN. YAKIMA, WASH.," AND THAT YOU REQUESTED THAT YOUR ORDERS BE AMENDED ON THE BASIS OF YOUR AFFIDAVIT AND A STATEMENT BY THE POSTMASTER AT DALLAS, TEXAS, TO THE EFFECT THAT YOU HAD CHANGED YOUR RESIDENCE PRIOR TO THE ISSUANCE OF YOUR ORDERS. YOU ENCLOSED A COPY OF A LETTER DATED JULY 31, 1951, FROM HEADQUARTERS FOURTH AIR FORCE, HAMILTON AIR FORCE BASE, HAMILTON, CALIFORNIA IN WHICH, AFTER MAKING REFERENCE TO YOUR LETTER OF JULY 20, 1951, IT IS STATED THAT YOUR ORDERS WERE AMENDED TO SHOW YOUR PERMANENT RESIDENCE AS 4411 CRANFILL DRIVE, DALLAS 16, TEXAS, AND YOUR TEMPORARY ADDRESS AS ROUTE 5, WICHITA, KANSAS.

SECTION V (PARAGRAPHS 18 AND 19), ARMY REGULATION 150-5, IN EFFECT AT THE TIME YOU TRAVELED, SETS FORTH THE REQUIREMENTS WITH RESPECT TO REPORTING A CHANGE OF ADDRESS. AMONG OTHER PROVISIONS, SUCH REGULATIONS REQUIRE THAT, IMMEDIATELY UPON CHANGING RESIDENCE, THE COMMANDING GENERAL OF THE SERVICE COMMAND WILL BE NOTIFIED. IT WILL BE NOTED THAT THE LETTER FROM HAMILTON AIR FORCE BASE DOES NOT ESTABLISH THAT YOUR ADDRESS WAS IN FACT CHANGED IN THE OFFICIAL RECORDS PRIOR TO THE DATE OF YOUR ORIGINAL ORDERS. PROBABLY, THE FACT THAT YOUR CHANGE OF ADDRESS NOTICE WAS FORWARDED TO YAKIMA, WASHINGTON, RATHER THAN TO THE COMMANDING GENERAL OF THE SERVICE COMMAND TO WHICH YOU WERE ASSIGNED, AS REQUIRED BY THE REGULATIONS, ACCOUNTS FOR ITS NONRECEIPT OFFICIALLY PRIOR TO THE DATE OF ISSUANCE OF YOUR ORIGINAL ORDERS. AT ANY RATE, THIS OFFICE IS REQUIRED TO ACCEPT THE OFFICIAL REPORT THAT YOUR HOME OF RECORD ON THE DATE SUCH ORIGINAL ORDERS WERE ISSUED WAS ROUTE NO. 2, PROSSER, WASHINGTON, AND MAY NOT ACCEPT THE RETROACTIVE MODIFICATION OF SUCH ORDERS TO AUTHORIZE ANY INCREASE IN THE AMOUNT OF TRAVEL ALLOWANCE DUE YOU.

AS THE SETTLEMENT DATED JULY 29, 1953, CORRECTLY ALLOWED YOU TRAVEL ALLOWANCE ON THE BASIS AUTHORIZED BY THE LAW AND REGULATIONS IN FORCE AT THE TIME OF YOUR TRAVEL AND AS THERE IS NOTHING IN YOUR MODIFIED ORDERS OR IN YOUR LETTER OF DECEMBER 14, 1953, OR THE ENCLOSURE, TO INDICATE THAT THERE WAS ANY OFFICIAL RECORD THAT YOUR HOME HAD BEEN CHANGED TO DALLAS PRIOR TO NOVEMBER 28, 1950, SUCH SETTLEMENT MUST BE SUSTAINED.