B-131223, MAY 3, 1957

B-131223: May 3, 1957

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YOU WERE INSTRUCTED THAT WHEN DIRECTED BY YOUR COMMANDING OFFICER ON THE U.S.S. YOU WERE FURTHER ORDERED TO PROCEED TO A PORT IN THE UNITED STATES AND. YOU WERE ISSUED SEPARATION ORDERS (FOURTH ENDORSEMENT. STATED: "YOU ARE GRANTED (02) DAYS' TRAVEL TIME COMPUTED ON THE BASIS OF THE TIME REQUIRED TO TRAVEL BY (PUBLIC) CONVEYANCE WHICH IS HEREBY AUTHORIZED IN ACCORDANCE WITH BUPERS ORDS 24384 (PERS-B1122-DG-3) OF 12 APR 1956 IN RETURNING TO YOUR HOME OF RECORD * * *.'. IT APPEARS THAT YOUR REQUEST FOR REVIEW IS BASED ON THE PROPOSITION THAT THE BUREAU OF NAVAL PERSONNEL. STATED THAT AUTHORITY FOR TRAVEL VIA PRIVATELY OWNED CONVEYANCE WAS ERRONEOUSLY OMITTED FROM YOUR ORDERS OF APRIL 12.

B-131223, MAY 3, 1957

TO MR. WILLIAM F. D. MERRIFIELD:

YOUR LETTER OF MARCH 12, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 26, 1957, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES FOR ADDITIONAL TRAVEL TIME INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A LIEUTENANT JUNIOR GRADE, UNITED STATES NAVAL RESERVE, SERVICE NO. 537 432.

BY BUREAU OF NAVAL PERSONNEL ORDERS (PERS-B1122-DG-3) DATED APRIL 12, 1956, YOU WERE INSTRUCTED THAT WHEN DIRECTED BY YOUR COMMANDING OFFICER ON THE U.S.S. POLLUX (AKS-4), ON OR ABOUT MAY 25, 1956, AND IN SUFFICIENT TIME TO COMPLETE SEPARATION PROCESSING BY JULY 4, 1956, TO REGARD YOURSELF AS DETACHED FROM DUTY. YOU WERE FURTHER ORDERED TO PROCEED TO A PORT IN THE UNITED STATES AND, UPON ARRIVAL, FURTHER TO PROCEED IMMEDIATELY TO THE APPROPRIATE STATION NEAREST TO YOUR PORT OF DEBARKATION FOR TEMPORARY DUTY INCIDENT TO YOUR SEPARATION PROCESSING AND, UPON COMPLETION OF SEPARATION PROCESSING AND WHEN DIRECTED BY THE COMMANDING OFFICER OF THE INSTALLATION WHERE SEPARATED, TO REGARD YOURSELF DETACHED AND PROCEED TO YOUR HOME OF RECORD FOR RELEASE FROM ACTIVE DUTY IN ACCORDANCE WITH HIS INSTRUCTIONS.

SUBSEQUENTLY, AT THE SEPARATION PROCESSING ACTIVITY, U.S. NAVAL RECEIVING STATION, TREASURE ISLAND, SAN FRANCISCO, CALIFORNIA, PURSUANT TO THE ABOVE CITED SET OF ORDERS DIRECTING TRAVEL TO YOUR HOME OF RECORD FOR RELEASE FROM ACTIVE DUTY, YOU WERE ISSUED SEPARATION ORDERS (FOURTH ENDORSEMENT, DATED JUNE 22, 1956) WHICH SHOW YOU TO BE DETACHED AT 3 P.M. ON JUNE 22, 1956; RELEASED JUNE 24, 1956; AND GRANTED 2 DAYS' TRAVEL TIME. IN THAT CONNECTION, THE ENDORSEMENT OF JUNE 22, 1956, STATED:

"YOU ARE GRANTED (02) DAYS' TRAVEL TIME COMPUTED ON THE BASIS OF THE TIME REQUIRED TO TRAVEL BY (PUBLIC) CONVEYANCE WHICH IS HEREBY AUTHORIZED IN ACCORDANCE WITH BUPERS ORDS 24384 (PERS-B1122-DG-3) OF 12 APR 1956 IN RETURNING TO YOUR HOME OF RECORD * * *.'

IT APPEARS THAT YOUR REQUEST FOR REVIEW IS BASED ON THE PROPOSITION THAT THE BUREAU OF NAVAL PERSONNEL, BY LETTER OF AUGUST 20, 1956, STATED THAT AUTHORITY FOR TRAVEL VIA PRIVATELY OWNED CONVEYANCE WAS ERRONEOUSLY OMITTED FROM YOUR ORDERS OF APRIL 12, 1956. HOWEVER, IT IS WELL ESTABLISHED THAT LEGAL RIGHTS AND LIABILITIES IN REGARD TO TRAVEL ALLOWANCES VEST AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS, AND THAT SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUTES OR REGULATIONS UNLESS ERROR IS APPARENT ON THE FACE OF THE ORDERS, OR ALL THE FACTS AND CIRCUMSTANCES CLEARLY DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED HAD BEEN OMITTED THROUGH ERROR AND INADVERTENCE IN PREPARING THE ORDERS. KATZER V. UNITED STATES, 52 C.CLS. 32; 23 COMP. GEN. 713; 24 ID. 439; 34 ID. 427. SUCH ELEMENTS DO NOT APPEAR TO BE PRESENT IN YOUR CASE. YOUR ORDERS OF JUNE 22, 1956, ISSUED IN ACCORDANCE WITH THE ORDERS OF APRIL 12, 1956, WERE CLEAR AND UNAMBIGUOUS AND EXPRESSED THE INTENT OF THE ISSUING AUTHORITY; THAT IS, TO GRANT 2 DAYS' TRAVEL TIME BY PUBLIC CONVEYANCE FOR YOU TO RETURN TO YOUR HOME FOR RELEASE FROM ACTIVE DUTY.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED. YOUR ORIGINAL TRAVEL ORDERS ARE RETURNED TOGETHER WITH THE BUREAU OF NAVAL PERSONNEL LETTERS OF AUGUST 20, 1956, WHICH ..END :