B-128779, SEP. 4, 1956

B-128779: Sep 4, 1956

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WILL BE ASSIGNED TO THE STUDENT DETACHMENT AT THE SCHOOL ON TEMPORARY DUTY PENDING FURTHER ORDERS. IF THEY WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE UPON COMPLETION OF TRAINING. IT IS STATED THAT THE ENLISTED MAN FALLS WITHIN THAT CATEGORY. THERE IS NOTHING IN THE ORDERS OF SEPTEMBER 12. WHICH INDICATES IN ANY WAY THAT THE ENLISTED MAN WAS BEING ASSIGNED AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT SANDIA BASE AND SINCE THOSE ORDERS DIRECTED A PERMANENT CHANGE OF STATION. AS TO WHY THE ENLISTED MAN WAS NOT ORDERED TO TEMPORARY DUTY AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT SANDIA BASE. IF THAT WAS THE ORIGINAL INTENTION AT THAT TIME.

B-128779, SEP. 4, 1956

TO LIEUTENANT COLONEL E. C. ROGERS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY 4TH INDORSEMENT OF JULY 27, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF JULY 6, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER COVERING PAYMENT OF PER DIEM TO MASTER SERGEANT WILLIAM R. WILLIAMS, JR., AT THE RATE OF $1 PER DAY FOR THE PERIOD OCTOBER 15 TO DECEMBER 20, 1955.

PARAGRAPH 18, SPECIAL ORDERS NO. 210, ISSUED AT FORT BENNING, GEORGIA, UNDER DATE OF SEPTEMBER 12, 1955, EFFECTED THE ENLISTED MAN'S RELEASE FROM ASSIGNMENT AT THAT PLACE AND REASSIGNED HIM ON PERMANENT CHANGE OF STATION TO HEADQUARTERS COMPANY, SPECIAL WEAPONS COMMAND, 8425 DU, SANDIA BASE, ALBUQUERQUE, NEW MEXICO, AS A TRAINEE, WITH DIRECTION TO REPORT NOT LATER THAN OCTOBER 14, 1955. PARAGRAPH 5, SPECIAL ORDERS NO. 249, ISSUED AT SANDIA BASE ON DECEMBER 21, 1955, RELEASED HIM FROM ASSIGNMENT TO "SWTG, SWC 8452D DU" AS A STUDENT AND REASSIGNED HIM TO THE SAME UNIT FOR DUTY. PARAGRAPH 13, SPECIAL ORDERS NO. 53, FORT BENNING, GEORGIA, MARCH 6, 1956, AMENDED THE ORDERS OF SEPTEMBER 12, 1955, SO AS TO DELETE THE REFERENCE TO A PERMANENT CHANGE OF STATION AND REASSIGN HIM TO HEADQUARTERS COMPANY, SPECIAL WEAPONS COMMAND, 8452 DU AS A STUDENT ON TEMPORARY DUTY PENDING FURTHER ORDERS.

PARAGRAPH 13C4, ARMY REGULATIONS 611-215, AS ADDED BY CHANGE 1,MARCH 3, 1955, PROVIDES THAT PERMANENT PARTY PERSONNEL WHO VOLUNTEER FOR TRAINING OF LESS THAN 20 WEEKS' DURATION UNDER PROGRAMS WHICH CONTEMPLATE REASSIGNMENT UPON COMPLETION OF TRAINING, WILL BE ASSIGNED TO THE STUDENT DETACHMENT AT THE SCHOOL ON TEMPORARY DUTY PENDING FURTHER ORDERS, IF THEY WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS AT GOVERNMENT EXPENSE UPON COMPLETION OF TRAINING. IT IS STATED THAT THE ENLISTED MAN FALLS WITHIN THAT CATEGORY. HOWEVER, EXCEPT FOR THE ABBREVIATION "/TRNE)" INDICATING TRAINEE, THERE IS NOTHING IN THE ORDERS OF SEPTEMBER 12, 1955, WHICH INDICATES IN ANY WAY THAT THE ENLISTED MAN WAS BEING ASSIGNED AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT SANDIA BASE AND SINCE THOSE ORDERS DIRECTED A PERMANENT CHANGE OF STATION, THEY FURNISH NO BASIS FOR THE PAYMENT OF PER DIEM FOR THE DUTY PERFORMED AT THAT PLACE. THE REFERENCE TO HIM AS A STUDENT IN THE ORDERS OF DECEMBER 21, 1955, DID NOT ADD TO HIS RIGHTS.

WHILE IT HAS BEEN RECOGNIZED THAT IN CERTAIN EXCEPTIONAL CIRCUMSTANCES, TRAVEL ORDERS MAY BE AMENDED RETROACTIVELY WHERE ALL THE FACTS AND CIRCUMSTANCES CLEARLY SHOW THAT SOME PROVISION PREVIOUSLY DETERMINED AND OTHERWISE AUTHORIZED AND DEFINITELY INTENDED IN A PARTICULAR CASE, HAD BEEN OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING THE TRAVEL ORDER (24 COMP. GEN. 439), THE ORDER ISSUING AUTHORITY AT FORT BENNING, GEORGIA, HAS FURNISHED NO INFORMATION AS TO THE FACTS AND CIRCUMSTANCES RELATING TO THE ISSUANCE OF THE ORDERS OF SEPTEMBER 12, 1955, AND AS TO WHY THE ENLISTED MAN WAS NOT ORDERED TO TEMPORARY DUTY AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT SANDIA BASE, IF THAT WAS THE ORIGINAL INTENTION AT THAT TIME.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED ON THE PRESENT RECORD AND SUCH VOUCHER AND THE ATTACHED PAPERS WILL BE RETAINED HERE.