B-130774, APR. 12, 1957

B-130774, APR. 12, 1957

TO MR. B. D. BRACE:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1957, CONCERNING YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $165.36 REPRESENTING AN OVERPAYMENT OF TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY YOU FROM SALT LAKE CITY, UTAH, TO BROOKS AIR FORCE BASE, TEXAS, INCIDENT TO YOUR RECALL TO ACTIVE DUTY PURSUANT TO ORDERS DATED MAY 4, 1951. YOU REFER TO OUR LETTERS DATED DECEMBER 14 AND 19, 1956, TO HONORABLE THOMAS H. KUCHEL AND HONORABLE WILLIAM F. KNOWLAND, UNITED STATES SENATE, RESPECTIVELY, WHEREIN THE BASIS FOR YOUR INDEBTEDNESS WAS EXPLAINED.

BY PARAGRAPH 113, AIR FORCE RESERVE ORDERS NO. 102, HEADQUARTERS 14TH AIR FORCE, ROBINS AIR FORCE BASE, GEORGIA, DATED MAY 4, 1951, ADDRESSED TO YOU AT YOUR HOME ADDRESS, 2047 MILFORD STREET, HOUSTON, TEXAS, YOU WERE DIRECTED TO REPORT NOT LATER THAN MAY 16, 1951, TO THE COMMANDING OFFICER, BROOKS AIR FORCE BASE, SAN ANTONIO, TEXAS, FOR A PHYSICAL EXAMINATION AND OTHER PURPOSES, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME AND REVERT TO AN INACTIVE STATUS UNTIL DEFINITE ORDERS AGAIN WERE ISSUED ORDERING YOU TO ACTIVE DUTY. THOSE ORDERS WERE AMENDED BY ORDERS DATED MAY 17, 1951, ISSUED BY THE SAME HEADQUARTERS, TO SHOW YOUR HOME ADDRESS AS POST OFFICE BOX 2605, SALT LAKE CITY, UTAH. THEREAFTER, HEADQUARTERS, BROOKS AIR FORCE BASE, TEXAS, BY ORDERS DATED MARCH 12, 1953, PURPORTED TO CONFIRM VERBAL ORDERS OF THE COMMANDING OFFICER OF THAT HEADQUARTERS, BROOKS AIR FORCE BASE, TEXAS, BY ORDERS DATED MARCH 12, 1953, STATING THAT EXIGENCIES OF THE SERVICE PRECLUDED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE TO SHOW YOUR HOME ADDRESS AS SALT LAKE CITY, UTAH. THE RECORD SHOWS THAT YOU DEPARTED SALT LAKE CITY, UTAH, ON MAY 15, 1951, AND ARRIVED AT BROOKS AIR FORCE BASE, TEXAS, THE SAME DAY. YOU WERE PAID MILEAGE FROM SALT LAKE CITY TO BROOKS AIR FORCE BASE AND RETURN. SINCE THE OFFICIAL RECORDS SHOWED THAT ON THE DATE YOU WERE ORDERED TO ACTIVE DUTY YOUR HOME ADDRESS WAS HOUSTON, TEXAS, AN EXCEPTION WAS TAKEN TO THE MILEAGE PAYMENT ON THE BASIS THAT YOU WERE ENTITLED ONLY TO MILEAGE COMPUTED ON THE DISTANCE BETWEEN YOUR HOME OF RECORD, HOUSTON, TEXAS, AND BROOKS AIR FORCE BASE, TEXAS. AT THAT TIME OUR OFFICE ATTEMPTED TO VERIFY YOUR HOME OF RECORD AT THE TIME YOU WERE CALLED TO ACTIVE DUTY. HOWEVER, THE AIR ADJUTANT GENERAL, DEPARTMENT OF THE AIR FORCE, FURNISHED US ONLY THE ADDRESS SHOWN IN YOUR ORIGINAL ORDERS OF MAY 14, 1951.

IN PRIOR CORRESPONDENCE YOU DISCLOSED THAT DURING THE PERIOD JUNE 1949 AND MAY 1951, WHILE EMPLOYED WITH THE STANDARD OIL COMPANY OF CALIFORNIA, YOUR EMPLOYMENT NECESSITATED THAT YOU PERFORM DUTIES IN SEVERAL STATES AND THAT YOU FURNISHED THE AIR FORCE WITH YOUR PARENT'S HOME ADDRESS IN HOUSTON, TEXAS. YOU SUBMITTED TO OUR OFFICE A CERTIFICATE SIGNED BY A MRS. GENEVE L. YOUNG CERTIFYING THAT YOU MAINTAINED A RESIDENCE AT 216 DOUGLAS STREET, SALT LAKE CITY, UTAH, FROM MAY 1950 TO JUNE 1951. YOU ALSO FURNISHED US WITH A LETTER DATED SEPTEMBER 26, 1956, FROM THE STANDARD OIL COMPANY OF CALIFORNIA, STATING THAT THEIR RECORDS SHOW THAT ON APRIL 16, 1950, YOU WERE TRANSFERRED TO THE "SALT LAKE OFFICE" WHERE YOU WERE EMPLOYED UNTIL JUNE 13, 1951, AT WHICH TIME YOU WERE TRANSFERRED TO BAKERSFIELD, CALIFORNIA. IN YOUR LETTER OF FEBRUARY 11, 1957, YOU SAY,"EVIDENTLY, I DID MAKE A GREAT MISTAKE IN NOT CHANGING MY PERMANENT ADDRESS EVERY TIME I MOVED.'

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS SHALL BE ENTITLED TO RECEIVE TRAVEL ALLOWANCES FOR TRAVEL PERFORMED UPON CALL TO ACTIVE DUTY FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY AND IN EFFECT DURING THE PERIOD HERE INVOLVED PROVIDED (PARAGRAPH 4153, CASE 1) THAT WHEN ORDERS ARE RECEIVED AT PLACE OTHER THAN TO WHICH ADDRESSED, TRAVEL ALLOWANCES ARE PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS NOT IN EXCESS OF THAT FROM THE OFFICIAL RESIDENCE, STATION, OR PLACE ADDRESSED. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 1150-3), THAT THE TERM HOME MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY; THAT TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE BASED ON THE OFFICIALLY CORRECTED RECORDING IN THOSE INSTANCES WHEN, THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT THE TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME, AND THAT ANY SUCH CORRECTION MUST BE FULLY JUSTIFIED AND THE HOME, AS CORRECTED, MUST BE THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.

THE AMENDATORY ORDERS OF MAY 17, 1951, AND MARCH 2, 1953, WERE INEFFECTIVE TO INCREASE YOUR RIGHTS UNDER THE ORIGINAL ORDERS OF MAY 4, 1951. IT LONG HAS BEEN THE RULE THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE OR DECREASE THE RIGHTS OF A TRAVELER OR TO ALTER THE LIABILITY OF THE UNITED STATES THEREUNDER. SINCE AT THE TIME YOU WERE CALLED TO ACTIVE DUTY YOUR HOME OF RECORD WAS HOUSTON, TEXAS, AND SINCE YOU KNOWINGLY PERMITTED THE AIR FORCE TO MAINTAIN THAT ADDRESS, THUS PRECLUDING THE POSSIBILITY OF A BONA FIDE ERROR, YOU WERE ENTITLED, UNDER THE LAW AND REGULATIONS, TO TRAVEL ALLOWANCE FOR TRAVEL PERFORMED, BETWEEN SALT LAKE CITY AND BROOKS AIR FORCE BASE, TEXAS, NOT TO EXCEED THE DISTANCE BETWEEN HOUSTON, TEXAS, YOUR HOME OF RECORD, AND BROOKS AIR FORCE BASE, YOUR FIRST DUTY STATION. WHILE IT IS UNFORTUNATE THAT YOU DID NOT THINK IT NECESSARY TO APPRISE THE AIR FORCE OF YOUR CHANGES OF ADDRESS, YOU APPARENTLY ARE AWARE THAT AIR FORCE RESERVE MEMBERS NOT ON EXTENDED ACTIVE DUTY ARE REQUIRED TO REPORT CHANGES OF ADDRESS TO THEIR RESERVE UNITS. SEE, GENERALLY, AIR FORCE REGULATIONS NOS. 35-51 AND 45-12.

ACCORDINGLY, THE ACTION PREVIOUSLY TAKEN ON YOUR INDEBTEDNESS WAS CORRECT AND IS SUSTAINED.