B-125527, JAN. 24, 1956

B-125527: Jan 24, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOUR CLAIM IS BASED ON A SERIES OF ORDERS COMMENCING WITH THOSE ISSUED BY HEADQUARTERS SIXTH ARMY. BY WHICH YOU WERE DIRECTED TO PROCEED FROM YOUR DUTY STATION AT FORT LEWIS TO HEADQUARTERS. YOU WERE TO RETURN TO YOUR DUTY STATION. IT WAS STATED THAT UPON YOUR ARRIVAL AT THE PRESIDIO OF SAN FRANCISCO FURTHER ORDERS WOULD BE ISSUED. PROVIDED THAT YOU WERE RELIEVED FROM DUTY AT FORT LEWIS AND ASSIGNED TO HEADQUARTERS SIXTH ARMY. ISSUED WHILE YOU APPARENTLY WERE STILL PERFORMING DETACHED SERVICE UNDER THE ORDERS OF AUGUST 10. YOU WERE DIRECTED TO PROCEED TO THE PRESIDIO OF SAN FRANCISCO WHERE YOU WERE TO TURN IN A VEHICLE AND EQUIPMENT AND REPORT TO THE COMMANDING GENERAL. STATED THAT YOU WERE GRANTED 20 DAYS' DELAY EFFECTIVE ON OR ABOUT JULY 1.

B-125527, JAN. 24, 1956

TO COLONEL CHARLES M. MYRICK, U.S. ARMY:

YOUR LETTER OF SEPTEMBER 2, 1955, REQUESTS THE REVIEW OF OUR SETTLEMENT OF OCTOBER 6, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $119.13 COLLECTED FROM YOU AS MILEAGE AND PER DIEM ALLOWANCES ERRONEOUSLY RECEIVED INCIDENT TO YOUR TRAVEL FROM THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, TO FORT LEWIS, WASHINGTON, DURING THE PERIOD JUNE 28 TO JULY 2, 1950, AND RETURN, DURING THE PERIOD JULY 3 TO 17, 1950.

YOUR CLAIM IS BASED ON A SERIES OF ORDERS COMMENCING WITH THOSE ISSUED BY HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, DATED AUGUST 10, 1949, BY WHICH YOU WERE DIRECTED TO PROCEED FROM YOUR DUTY STATION AT FORT LEWIS TO HEADQUARTERS, CENTRAL MILITARY DISTRICT, PRESIDIO OF SAN FRANCISCO, FOR DETACHED SERVICE IN CONNECTION WITH AN ORC AUGMENTATION INSTRUCTION PROGRAM. UPON THE COMPLETION OF THAT DUTY, ON OR ABOUT JUNE 30, 1950, YOU WERE TO RETURN TO YOUR DUTY STATION. IT WAS STATED THAT UPON YOUR ARRIVAL AT THE PRESIDIO OF SAN FRANCISCO FURTHER ORDERS WOULD BE ISSUED. WAR DEPARTMENT ORDERS DATED APRIL 13, 1950, PROVIDED THAT YOU WERE RELIEVED FROM DUTY AT FORT LEWIS AND ASSIGNED TO HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, A PERMANENT CHANGE OF STATION. BY ORDERS OF THE 6500 ASU NORTHERN SUB-AREA HEADQUARTERS, SIXTH ARMY, VANCOUVER BARRACKS, WASHINGTON, DATED JUNE 14, 1950, ISSUED WHILE YOU APPARENTLY WERE STILL PERFORMING DETACHED SERVICE UNDER THE ORDERS OF AUGUST 10, 1949, AT KLAMATH FALLS, OREGON, YOU WERE DIRECTED TO PROCEED TO THE PRESIDIO OF SAN FRANCISCO WHERE YOU WERE TO TURN IN A VEHICLE AND EQUIPMENT AND REPORT TO THE COMMANDING GENERAL, SIXTH ARMY, FOR DUTY. ORDERS OF THE SAME COMMAND DATED JUNE 19, 1950, PURPORTED TO AMEND THAT PART OF THE ORDERS OF JUNE 14 DIRECTING THAT YOU REPORT TO THE COMMANDING GENERAL, SIXTH ARMY, FOR DUTY, TO DIRECT INSTEAD THAT YOU PROCEED TO YOUR OLD ORGANIZATION AND STATION AT FORT LEWIS, REPORTING TO THE COMMANDING GENERAL THERE FOR DUTY. ORDERS OF HEADQUARTERS SIXTH ARMY, DATED JUNE 27, 1950, STATED THAT YOU WERE GRANTED 20 DAYS' DELAY EFFECTIVE ON OR ABOUT JULY 1, 1950, UPON THE COMPLETION OF WHICH YOU WERE TO COMPLY WITH THE DEPARTMENT OF THE ARMY ORDERS OF APRIL 13, 1950, WHICH ASSIGNED YOU TO DUTY AT THE PRESIDIO OF SAN FRANCISCO. APPEARS THAT YOU TRAVELED FROM KLAMATH FALLS TO THE PRESIDIO OF SAN FRANCISCO UNDER THE ORDERS OF JUNE 14, 1950, ON JUNE 24 AND 25. YOU PERFORMED TRAVEL FROM THE PRESIDIO OF SAN FRANCISCO TO FORT LEWIS, PRESUMABLY UNDER THE AUTHORITY OF THE ORDERS OF JUNE 19, 1950, DURING THE PERIOD JUNE 28 TO JULY 2, AND FROM FORT LEWIS BACK TO THE PRESIDIO OF SAN FRANCISCO DURING THE PERIOD JULY 3 TO 17.

THE PAYMENT OF TRAVEL ALLOWANCES IS AUTHORIZED BY LAW ONLY FOR TRAVEL PERFORMED ON PUBLIC BUSINESS UNDER COMPETENT ORDERS. YOUR ORDERS OF APRIL 13, 1950, DIRECTED A PERMANENT CHANGE OF STATION TO THE PRESIDIO OF SAN FRANCISCO. WHERE, AS IN YOUR CASE, CHANGE OF STATION ORDERS ARE RECEIVED AT A TEMPORARY STATION, THE MEMBER IS ENTITLED TO TRAVEL ALLOWANCES ONLY FROM THE TEMPORARY STATION TO THE NEW STATION UNLESS HE IS DIRECTED BY COMPETENT ORDERS TO RETURN TO THE OLD STATION FOR THE PERFORMANCE OF A DUTY REQUIRED ON PUBLIC BUSINESS. THE ORDERS OF JUNE 19, 1950, CONTAIN NO INDICATION THAT TRAVEL TO FORT LEWIS WAS DIRECTED IN CONNECTION WITH THE NEED TO PERFORM PUBLIC BUSINESS. NOTHING APPEARING IN THE RECORD WARRANTS A CONCLUSION OTHER THAN THAT THE TRAVEL TO FORT LEWIS WAS DIRECTED ONLY FOR YOUR PERSONAL CONVENIENCE BECAUSE OF THE FACT THAT IT WAS YOUR OLD DUTY STATION.

IN SUPPORT OF YOUR CLAIM YOU REFER TO PROVISIONS OF CASE 3, PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS DATED SEPTEMBER 1, 1955, WHICH PURPORT TO AUTHORIZE TRAVEL ALLOWANCES FOR TRAVEL SUCH AS THAT HERE INVOLVED UNLESS THE MEMBER IS EXPRESSLY PROHIBITED BY THE CHANGE OF STATION ORDERS FROM RETURNING TO THE OLD DUTY STATION. EVEN IF THOSE REGULATIONS COULD BE CONSIDERED TO ESTABLISH THE RIGHT OF A MEMBER UNDER CIRCUMSTANCES SUCH AS THOSE INVOLVED IN YOUR CASE TO TRAVEL ALLOWANCES, THEIR APPLICATION COULD NOT BE EFFECTIVE RETROACTIVELY SO AS TO AFFECT YOUR RIGHTS INCIDENT TO YOUR TRAVEL PERFORMED IN 1950. YOU ARE ADVISED IN THAT CONNECTION, HOWEVER, THAT IN LETTER DATED JANUARY 5, 1956, B-120680-B -122508, TO THE SECRETARY OF DEFENSE, WE EXPRESSED THE VIEW THAT SUCH REGULATIONS COULD NOT BE CONSIDERED AS AUTHORITY FOR THE PAYMENT OF TRAVEL ALLOWANCES FOR ANY TRAVEL NOT PERFORMED ON PUBLIC BUSINESS. A COPY OF THAT LETTER IS ENCLOSED FOR YOUR INFORMATION.

THE DISALLOWANCE OF YOUR CLAIM APPEARS TO HAVE BEEN REQUIRED UNDER THE CIRCUMSTANCES INVOLVED. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 6, 1954, IS SUSTAINED.