B-131626, JUN. 20, 1957

B-131626, JUN. 20, 1957

TO MR. WILLIAM W. KESSINGER:

YOUR LETTER OF APRIL 9, 1957, REQUESTS REVIEW OF YOUR APPARENT INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $565.92 ARISING FROM PAYMENTS MADE TO YOU AS REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS WHILE YOU WERE SERVING AS AN ENLISTED MAN, UNITED STATES AIR FORCE.

THE PAYMENTS WERE MADE AS THE RESULT OF CLAIMS FILED BY YOU INCIDENT TO PERMANENT CHANGES OF STATION AS FOLLOWS:

BY PARAGRAPH 11, SPECIAL ORDERS NO. 61, DATED OCTOBER 1, 1951, YOU WERE RELIEVED FROM TEMPORARY DUTY AT FAIRCHILD AIR FORCE BASE, WASHINGTON, AND WERE REASSIGNED THERE ON PERMANENT CHANGE OF STATION FROM RAPID CITY AIR FORCE BASE, SOUTH DAKOTA. YOU CLAIMED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM RAPID CITY, SOUTH DAKOTA, TO FAIRCHILD, WASHINGTON, DURING THE PERIOD OCTOBER 2 TO 4, 1951, AND WERE PAID $131.76. BY PARAGRAPH 29, SPECIAL ORDERS NO. 180, DATED AUGUST 3, 1953, YOU WERE TRANSFERRED FROM FAIRCHILD AIR FORCE BASE, WASHINGTON, TO CARSWELL AIR FORCE BASE, TEXAS. YOU CLAIMED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM SPOKANE, WASHINGTON, TO FORT WORTH, TEXAS, BETWEEN THE DATES AUGUST 17 AND 21, 1953, AND WERE PAID $250.20. BY PARAGRAPH 26, SPECIAL ORDERS NO. 208, DATED SEPTEMBER 8, 1953, YOU WERE TRANSFERRED FROM CARSWELL AIR FORCE BASE, TEXAS, TO CHANUTE AIR FORCE BASE, ILLINOIS. YOU CLAIMED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT WORTH, TEXAS, TO CHANUTE AIR FORCE BASE, ILLINOIS, BETWEEN THE DATES SEPTEMBER 12 TO 16, 1953, AND WERE PAID $103.80. BY PARAGRAPH 36, SPECIAL ORDERS NO. 215, DATED SEPTEMBER 17, 1953, CHANUTE AIR FORCE BASE, ILLINOIS, YOU WERE DISCHARGED ON SEPTEMBER 22, 1953, IT BEING SHOWN THAT YOUR HOME OF RECORD WHEN YOU ENTERED ON ACTIVE DUTY WAS WICHITA, KANSAS. YOU CLAIMED REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO SPOKANE, WASHINGTON, DURING THE PERIOD SEPTEMBER 22 TO 25, 1953. YOU WERE PAID $80.16, BASED ON THE DISTANCE FROM CHANUTE AIR FORCE BASE, ILLINOIS, TO WICHITA, KANSAS.

IN EACH INSTANCE YOU CERTIFIED THAT YOUR CLAIM WAS CORRECT AND JUST, THAT IS, THAT YOUR DEPENDENTS TRAVELED BETWEEN THE POINTS AND DATES SHOWN ON YOUR CLAIM, AND IN EACH INSTANCE YOU WERE PAID ON THE BASIS OF YOUR CERTIFICATION. UPON AUDIT OF THE ACCOUNTS OF THE DISBURSING OFFICERS CONCERNED, HOWEVER, WE LEARNED CERTAIN FACTS FROM WHICH IT APPEARED QUESTIONABLE WHETHER ANY OF THE TRAVEL WAS PERFORMED AS CLAIMED. FOR EXAMPLE, ALLOTMENT CHECKS DATED SEPTEMBER 1, 1951, AND OCTOBER 1, 1951, WERE NEGOTIATED BY YOUR WIFE IN SPOKANE, WASHINGTON, ON SEPTEMBER 11 AND OCTOBER 15, 1951, RESPECTIVELY. ACCORDING TO YOUR STATEMENTS IN YOUR CLAIM FOR REIMBURSEMENT YOUR DEPENDENTS WERE LIVING IN RAPID CITY, SOUTH DAKOTA, WHEN THE ORDERS OF OCTOBER 1, 1951, WERE ISSUED. AS A FURTHER EXAMPLE, ALLOTMENT CHECKS DATED AUGUST 31 AND SEPTEMBER 30, 1953, WERE NEGOTIATED BY YOUR WIFE IN SPOKANE ON SEPTEMBER 17 AND OCTOBER 13, 1953, RESPECTIVELY. ACCORDING TO YOUR ORIGINAL STATEMENTS YOUR DEPENDENTS WERE LOCATED IN SPOKANE, WASHINGTON, WHEN THE ORDERS OF AUGUST 3, 1953, WERE RECEIVED; WERE RESIDING IN FORT WORTH, TEXAS, WHEN THE ORDERS OF SEPTEMBER 3, 1953, WERE RECEIVED, AND WERE LIVING AT CHANUTE AIR FORCE BASE, ILLINOIS, WHEN THE ORDERS OF SEPTEMBER 17, 1953, WERE RECEIVED. THEREFORE, WE TOOK EXCEPTION TO THE VARIOUS PAYMENTS.

WITH RESPECT TO YOUR CLAIM UNDER THE ORDERS OF OCTOBER 1, 1951, YOU ADMITTED BY LETTER OF MARCH 21, 1956, THAT YOUR WIFE CASHED AN ALLOTMENT CHECK IN SPOKANE BEFORE OCTOBER 1951. YOU STATE, HOWEVER, THAT YOU WERE TRANSFERRED TO FAIRCHILD AIR FORCE BASE FOR TEMPORARY DUTY IN MAY 1951 (PARAGRAPH 36, SPECIAL ORDERS NO. 118, DATED MAY 24, 1951); THAT THE ORDERS WERE CHANGED TO PERMANENT DUTY ON OCTOBER 1, 1951; THAT A LETTER FROM CHANUTE AIR FORCE BASE ADVISED ALL MEMBERS OF YOUR DETACHMENT THAT REIMBURSEMENT WAS AUTHORIZED FOR TRAVEL OF DEPENDENTS FOR THE MOVE FROM RAPID CITY TO FAIRCHILD AIR FORCE BASE IN MAY 1951; AND THAT 30 MEN WERE PAID FOR TRAVEL OF THEIR DEPENDENTS UNDER THOSE CIRCUMSTANCES. SINCE THE ORDERS OF MAY 24, 1951, DIRECTED TEMPORARY DUTY WITH RETURN TO YOUR PERMANENT STATION UPON COMPLETION THEREOF, TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED INCIDENT TO THOSE ORDERS. THE SUBSEQUENT ORDERS OF OCTOBER 1, 1951, ARE NOT RETROACTIVE BY THEIR TERMS NOR MAY THEY BE RECOGNIZED AS RETROACTIVELY AUTHORIZING PAYMENT FOR TRAVEL OF DEPENDENTS UNDER THE PRIOR TEMPORARY DUTY ORDERS. REGARDLESS OF ANY INFORMATION TO THE CONTRARY THAT MAY HAVE BEEN FURNISHED YOUR DETACHMENT BY CHANUTE AIR FORCE BASE, A RIGHT TO THE TRANSPORTATION FOR DEPENDENTS MUST BE BASED UPON ORDERS. THEREFORE, YOU ARE NOT ENTITLED TO THE AMOUNT PAID ($131.76) FOR TRAVEL OF YOUR DEPENDENTS FROM RAPID CITY, SOUTH DAKOTA, TO FAIRCHILD, WASHINGTON. THE PAYMENTS MADE TO OTHER MEMBERS OF YOUR DETACHMENT UNDER THE SAME CIRCUMSTANCES HAVE BEEN OR WILL BE CONSIDERED IN THE AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS.

AS TO YOUR OTHER CLAIMS, IN YOUR PRESENT LETTER YOU STATE YOUR DEPENDENTS TRAVELED FROM SPOKANE TO FORTH WORTH WITH THE INTENTION OF ESTABLISHING A BONA FIDE RESIDENCE; THAT YOU WERE UNABLE TO FIND SUITABLE LIVING ACCOMMODATIONS; THAT YOU REQUESTED DISCHARGE WHEREUPON YOU WERE TRANSFERRED TO CHANUTE AIR FORCE BASE, AND THAT YOUR WIFE AND CHILDREN RETURNED DIRECTLY TO SPOKANE. YOU FURTHER STATE THAT UPON ARRIVAL AT CHANUTE AIR FORCE BASE YOU WERE ADVISED TO CLAIM REIMBURSEMENT FOR TRAVEL OF DEPENDENTS FROM FORT WORTH TO CHANUTE AIR FORCE BASE AND FROM THE LATTER POINT TO SPOKANE INCIDENT TO YOUR TRANSFER TO, AND SEPARATION AT, THAT STATION; ALSO, YOU STATE YOU ARE WILLING TO REFUND THE AMOUNTS RECEIVED FOR SUCH TRAVEL ($103.80 AND $80.16), AND ASK TO BE ADVISED WHETHER IT IS TOO LATE TO APPLY FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT WORTH DIRECTLY TO SPOKANE. IN THIS CONNECTION, YOU APPARENTLY ARE UNDER THE IMPRESSION THAT HAD YOU ORIGINALLY CLAIMED REIMBURSEMENT FOR TRAVEL OF DEPENDENTS BETWEEN THOSE POINTS YOU WOULD HAVE BEEN PAID $250.20 OR $66.24 MORE THAN ACTUALLY PAID ($183.96) TO YOU.

SINCE THE RECORD NOW INDICATES YOUR DEPENDENTS TRAVELED FROM SPOKANE TO FORT WORTH AS CLAIMED, AND THAT SUCH TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE, THE EXCEPTION TO THAT PAYMENT ($250.20) WILL BE REMOVED.

ON THE BASIS OF THE ORDERS OF SEPTEMBER 8, 1953, TRANSFERRING YOU FROM CARSWELL AIR FORCE BASE TO CHANUTE AIR FORCE BASE, YOU ARE ENTITLED TO BE PAID FOR TRAVEL OF YOUR DEPENDENTS FROM THE OLD STATION TO THE NEW OR BETWEEN OTHER POINTS AT NO GREATER COST. THUS, REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FORT WORTH TO SPOKANE, WHETHER CLAIMED THEN OR NOW, COULD NOT EXCEED THE AMOUNT DUE FOR TRAVEL FROM FORT WORTH TO CHANUTE AIR FORCE BASE. SINCE YOUR DEPENDENTS ACTUALLY TRAVELED A GREATER DISTANCE, THAT IS, FROM FORTH WORTH TO SPOKANE, YOU ARE ENTITLED TO RETAIN THE AMOUNT PAID ($103.80). THEREFORE, THE EXCEPTION TO THAT PAYMENT LIKEWISE WILL BE REMOVED.

UNDER THE ORDERS OF SEPTEMBER 17, 1953, DISCHARGING YOU AT CHANUTE AIR FORCE BASE, ILLINOIS, YOU ARE ENTITLED TO TRAVEL OF YOUR DEPENDENTS FROM THAT POINT TO YOUR HOME OF RECORD, WICHITA, KANSAS, OR BETWEEN OTHER POINTS AT NO GREATER COST IF THEY ACTUALLY TRAVELED INCIDENT TO THOSE ORDERS. HOWEVER, SINCE THE RECORD NOW SHOWS YOUR DEPENDENTS WERE THEN LOCATED IN SPOKANE, WASHINGTON, AND THAT NO TRAVEL WAS PERFORMED INCIDENT TO THOSE ORDERS, YOU ARE NOT ENTITLED TO THE AMOUNT PAID ($80.16) FOR TRAVEL OF YOUR DEPENDENTS INCIDENT TO THOSE ORDERS.

ACCORDINGLY, YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $211.92. YOUR CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE FORWARDED TO:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610 ..END :