B-122391, JUN. 8, 1955

B-122391: Jun 8, 1955

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SLAYMAN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 20. WAS NOT CONFIRMED IN WRITING WITHIN REASONABLE TIME. THAT YOU TRAVELED PURSUANT TO WHAT YOU CONSIDERED WERE WRITTEN ORDERS DATED AUGUST 2. WAS ADDRESSED TO YOU BY THE PUBLIC INFORMATION OFFICER. APPEARS TO HAVE BEEN WRITTEN TO YOU IN RESPONSE TO AN INQUIRY REGARDING YOUR INTEREST IN THE NAVAL AVIATION CADET PROGRAM AND ENLISTMENT IN THE U.S. IN THAT LETTER YOU WERE ADVISED. - "WE REGRET THAT DUE TO THE CIRCUMSTANCES NOW PRESENT THAT WE ARE UNABLE TO FURNISH TRANSPORTATION OR PROVIDE RAILROAD TICKETS FOR YOU TO NAS LINCOLN FROM DES MOINES. HOWEVER THE DAYS YOU HAVE INDICATED FOR REPORTING HERE ARE QUITE CONVENIENT AND DESIRABLE.

B-122391, JUN. 8, 1955

TO MR. ROBERT A. SLAYMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1954, CONCERNING YOUR CLAIM FOR AN ALLOWANCE OF THREE CENTS PER MILE INCIDENT TO TRAVEL PERFORMED FROM DES MOINES, IOWA, TO NAVAL AIR STATION, LINCOLN, NEBRASKA, ON AUGUST 5, 1950.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 20, 1954, FOR THE REASON THAT YOUR ,VERBAL" ORDER OF AUGUST 5, 1950, WAS NOT CONFIRMED IN WRITING WITHIN REASONABLE TIME. YOU CONTEND THAT YOU HAD NO "VERBAL" ORDER, BUT THAT YOU TRAVELED PURSUANT TO WHAT YOU CONSIDERED WERE WRITTEN ORDERS DATED AUGUST 2, 1950.

THE LETTER OF AUGUST 2, 1950, TO WHICH YOU REFER, WAS ADDRESSED TO YOU BY THE PUBLIC INFORMATION OFFICER, U.S. NAVAL AIR STATION, LINCOLN, NEBRASKA, AND APPEARS TO HAVE BEEN WRITTEN TO YOU IN RESPONSE TO AN INQUIRY REGARDING YOUR INTEREST IN THE NAVAL AVIATION CADET PROGRAM AND ENLISTMENT IN THE U.S. NAVAL RESERVE. IN THAT LETTER YOU WERE ADVISED---

"WE REGRET THAT DUE TO THE CIRCUMSTANCES NOW PRESENT THAT WE ARE UNABLE TO FURNISH TRANSPORTATION OR PROVIDE RAILROAD TICKETS FOR YOU TO NAS LINCOLN FROM DES MOINES. HOWEVER THE DAYS YOU HAVE INDICATED FOR REPORTING HERE ARE QUITE CONVENIENT AND DESIRABLE.

"IF YOU ARE ABLE TO COME HERE AT YOUR OWN EXPENSE WE WILL BE ABLE TO REIMBURSE YOU FOR YOUR TRAVEL EXPENSE AT THE RATE OF THREE CENTS PER MILE.'

AT THE TIME YOUR TRAVEL WAS PERFORMED SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. 112, 1946 EDITION, PROVIDED THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE DEPARTMENT CONCERNED, APPLICANTS FOR ENLISTMENT COULD BE FURNISHED OR REIMBURSED FOR TRANSPORTATION AND SUBSISTENCE. THERE WAS NO AUTHORITY FOR PAYMENT OF THREE CENTS PER MILE INCIDENT TO TRAVEL PERFORMED BY SUCH APPLICANT.

ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR THREE CENTS PER MILE AND THE DISALLOWANCE OF OCTOBER 20, 1954, IS SUSTAINED.

YOU ARE ADVISED, HOWEVER, THAT CONSIDERATION WILL BE GIVEN TO A CLAIM BY YOU FOR REIMBURSEMENT OF THE ACTUAL TRAVEL EXPENSES INCURRED INCIDENT TO YOUR TRAVEL, IF SUCH CLAIM IS SUPPORTED BY EVIDENCE SHOWING THE EXPENSES ACTUALLY INCURRED.