B-119347, MAY 12, 1954

B-119347, MAY 12, 1954

PRECIS-UNAVAILABLE

MAJOR JIMMIE L. TETIRICK, USAF:

REFERENCE IS MADE TO YOUR CLAIMS FOR ADDITIONAL TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY YOU AND YOUR WIFE FROM LOS ALTOS, CALIFORNIA, TO WRIGHT FIELD, OHIO, IN AUGUST 1946. SINCE THESE CLAIMS ARE DUPLICATES OF THE CLAIMS WHICH WERE DISALLOWED BY SETTLEMENT DATED MARCH 9, 1950, THEY WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY PARAGRAPH 8, SPECIAL ORDERS NO. 142, DATED JULY 21, 1948, ISSUED BY ORDER OF THE SECRETARY OF THE AIR FORCE, ADDRESSED TO YOU AT YOUR HOME, ITHACA, NEW YORK, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE AUGUST 3, 1948, AND DIRECTED TO PROCEED FROM YOUR HOME TO WRIGHT PATTERSON AIR FORCE BASE, WRIGHT FIELD, OHIO.

BY LETTER DATED JULY 25, 1948, YOU ADVISED ROME ARMY AIR BASE, ROME, NEW YORK, THAT YOU HAD MOVED TO LOS ALTOS, CALIFORNIA, AND REQUESTED ADVICE AS TO WHOM YOU SHOULD NOTIFY OF CHANGE OF ADDRESS. BY TELEGRAM DATED JULY 30, 1948, TO THE AIR ADJUTANT GENERAL YOU STATED THAT YOU HAD RECEIVED SPECIAL ORDERS 142, AT PALO ALTO, CALIFORNIA, AND THAT THE RESERVE SECTION, ROME N.Y., AFB HAD BEEN NOTIFIED ON JULY 15, OF THE CHANGE OF ADDRESS.

BY LETTER DATED FEBRUARY 14, 1950, THE DEPARTMENT OF THE AIR FORCE ADVISED THIS OFFICE THAT YOUR HOME OF RECORD ON DATE OF ENTRY ON ACTIVE DUTY WAS ITHACA, NEW YORK. YOU RECEIVED MILEAGE FOR YOUR TRAVEL AND MONETARY ALLOWANCE FOR YOUR WIFE'S TRAVEL FROM LOS ALTOS (OR PALO ALTO), CALIFORNIA, TO WRIGHT FIELD, OHIO, NOT TO EXCEED FROM ITHACA, NEW YORK, TO DAYTON, OHIO, AND YOUR CLAIMS FOR AN ADDITIONAL AMOUNT WERE DISALLOWED BY THE SETTLEMENT OF MARCH 9, 1950, FOR THE REASON THAT ITHACA WAS YOUR HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY.

YOUR PRESENT CLAIMS ARE BASED ON PARAGRAPH 32, SPECIAL ORDERS NO. 42, DATED MARCH 4, 1953, PURPORTING TO AMEND SPECIAL ORDERS 142 RETROACTIVELY TO SHOW THAT YOUR HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY IN 1948 WAS LOS ALTOS, CALIFORNIA.

SECTION 12 OF THE PAY HEADJUSTMENT ACT OF 1942, 56 STAT. 364, 365, AS AMENDED BY THE ACT OF SEPTEMBER 7, 1944, 58 STAT. 729, 730, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED FOR THE PAYMENT OF MILEAGE FOR OFFICERS AND TRANSPORTATION (OR REIMBURSEMENT) FOR THEIR DEPENDENTS FROM HOME TO FIRST DUTY STATION WHEN ORDERED TO ACTIVE DUTY. IT LONG HAS BEEN HELD THAT THE HOME OF A RESERVIST IS THE PLACE SHOWN BY THE OFFICIAL RECORDS TO BE HIS HOME OR RESIDENCE AT THE TIME ORDERS TO ACTIVE DUTY WERE ISSUED. 22 COMP. GEN. 555, 560; 23 ID. 967, AND 24 ID. 291. SINCE THE RECORD CLEARLY ESTABLISHES THAT YOUR HOME OF RECORD WHEN ORDERED TO ACTIVE DUTY WAS ITHACA, NEW YORK, THE ORDERS OF MARCH 4, 1953, MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOUR HOME WAS LOS ALTOS, CALIFORNIA, AT THAT TIME.

ACCORDINGLY, THE SETTLEMENT OF MARCH 9, 1950, WAS CORRECT AND IS SUSTAINED.