B-132799, OCT. 24, 1957

B-132799: Oct 24, 1957

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USAF: REFERENCE IS MADE TO YOUR LETTERS OF JULY 22 AND SEPTEMBER 16. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19. YOUR HOME ADDRESS WAS SHOWN TO BE 3917 MATTISON. YOU WERE DIRECTED TO PROCEED FROM THAT POINT TO LACKLAND AIR FORCE BASE. WHERE YOU WERE TO REPORT NOT LATER THAT DECEMBER 7. WHERE YOU WERE THEN RESIDING. WHICH WAS RECEIVED ON NOVEMBER 16. ORDERS WERE ISSUED AMENDING YOUR ORDERS OF OCTOBER 23. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19. YOUR REQUEST FOR REVIEW IS BASED ON YOUR UNDERSTANDING THAT THE REGULATIONS "STIPULATE THAT PAYMENT CAN BE MADE IF THE "ORIGINAL INTENT" OF THE CLAIM IS HONORABLE. UNDER THE LAW AND REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED YOU WERE ENTITLED TO MILEAGE FOR TRAVEL FROM YOUR HOME OF RECORD TO PLACE OF REPORTING FOR DUTY AND RETURN.

B-132799, OCT. 24, 1957

TO SECOND LIEUTENANT RICHARD L. GRIFFIN, USAF:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 22 AND SEPTEMBER 16, 1957. YOU REQUEST REVIEW OF YOUR CLAIM FOR MILEAGE FROM BALBOA, CALIFORNIA, TO LACKLAND AIR FORCE BASE, TEXAS, LESS MILEAGE PREVIOUSLY RECEIVED, INCIDENT TO TRAVEL PERFORMED UPON REPORTING FOR ACTIVE DUTY UNDER ORDERS OF HEADQUARTERS CONTINENTAL AIR COMMAND, AIR RESERVE RECORDS CENTER, DATED OCTOBER 23, 1956, AS AMENDED BY ORDERS OF THE SAME COMMAND DATED DECEMBER 18, 1956. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19, 1957.

IN THE ORDERS OF OCTOBER 23, 1956, YOUR HOME ADDRESS WAS SHOWN TO BE 3917 MATTISON, FORT WORTH, TEXAS, AND YOU WERE DIRECTED TO PROCEED FROM THAT POINT TO LACKLAND AIR FORCE BASE, TEXAS, WHERE YOU WERE TO REPORT NOT LATER THAT DECEMBER 7, 1956. YOU RECEIVED THE ORDERS AT BALBOA, CALIFORNIA, WHERE YOU WERE THEN RESIDING, AND YOU REPORTED AT LACKLAND AIR FORCE BASE ON DECEMBER 6, 1956. YOU WROTE A LETTER TO THE AIR RESERVE RECORDS CENTER, WHICH WAS RECEIVED ON NOVEMBER 16, 1956, REQUESTING THAT YOUR RECORDS BE CHANGED TO SHOW YOUR CORRECT ADDRESS. ON DECEMBER 18, 1956, ORDERS WERE ISSUED AMENDING YOUR ORDERS OF OCTOBER 23, 1956, TO SHOW YOUR PERMANENT ADDRESS AS 120 EAST BALBOA BOULEVARD, BALBOA, CALIFORNIA. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 19, 1957, ON THE GROUND THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE OR DECREASE RIGHTS OF THE TRAVELER OR TO ALTER LIABILITY OF THE UNITED STATES THEREUNDER. YOUR REQUEST FOR REVIEW IS BASED ON YOUR UNDERSTANDING THAT THE REGULATIONS "STIPULATE THAT PAYMENT CAN BE MADE IF THE "ORIGINAL INTENT" OF THE CLAIM IS HONORABLE," AND YOU STATE ALSO THAT WE ALLOWED YOUR BROTHER'S CLAIM FOR ADDITIONAL MILEAGE UNDER THE SAME SITUATION.

UNDER THE LAW AND REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED YOU WERE ENTITLED TO MILEAGE FOR TRAVEL FROM YOUR HOME OF RECORD TO PLACE OF REPORTING FOR DUTY AND RETURN. PARAGRAPH 4156 OF THE JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"WHEN A MEMBER IS TRAVELING UNDER PERMANENT CHANGE OF STATION ORDERS IN THE CIRCUMSTANCES DESCRIBED BELOW, ALLOWANCES WILL BE AS INDICATED IN EACH CASE.

"CASE 1. WHEN ORDERS ARE RECEIVED AT PLACE OTHER THAN TO WHICH ADDRESSED

"TRAVEL FROM A PLACE OTHER THAN THAT TO WHICH ORDERS ARE ADDRESSED: ALLOWANCES FROM THE PLACE OF RECEIPT OF ORDERS NOT IN EXCESS OF THAT FROM THE OFFICIAL RESIDENCE, STATION, OR PLACE ADDRESSED.'

AIR FORCE REGULATION 45-12 DATED JANUARY 19, 1956, REQUIRES A MEMBER OF THE AIR FORCE RESERVE TO SUBMIT AF FORM 512 TO THE AIR RESERVE RECORDS CENTER WHENEVER HE CHANGES HIS PERMANENT ADDRESS OR ESTABLISHES A TEMPORARY ADDRESS FOR MORE THAN 90 DAYS.

THE RECORD SHOWS YOUR EARLIEST NOTICE OF RECORD IN YOUR CHANGE OF ADDRESS IS YOUR LETTER WHICH WAS RECEIVED AT THE AIR RESERVE RECORDS CENTER ON NOVEMBER 16, 1956. THEREFORE, IT IS CLEAR THAT WHEN YOUR ORDERS OF OCTOBER 23, 1956, WERE ISSUED THAT YOUR HOME OF RECORD WAS FORT WORTH, TEXAS. THAT FACT IS NOT CHANGED BY THE SUBSEQUENT MODIFICATION OF YOUR ORDERS. TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE OR DECREASE THE RIGHTS OF THE TRAVELER OR TO ALTER THE LIABILITY OF THE UNITED STATES EXCEPT WHERE THE ORDERS ARE AMBIGUOUS OR INCOMPLETE ON THEIR FACE OR WHERE A PROVISION WHICH WAS ORIGINALLY INTENDED TO BE INCLUDED IN AN ORDER WAS OMITTED THROUGH ERROR OR INADVERTENCE. IN SUCH CASES, THE ORDERS MAY BE CORRECTED OR COMPLETED TO SHOW THE ORIGINAL INTENT. COMP. GEN. 439. THIS APPEARS TO BE THE "ORIGINAL INTENT" IN YOUR CASE. THE FORT WORTH ADDRESS SHOWN IN YOUR ORDERS OF OCTOBER 23, 1956, WAS THE PLACE SHOWN AS YOUR HOME OF RECORD ON THE OFFICIAL RECORDS. THOSE ORDERS WERE CLEAR AND UNAMBIGUOUS AND MUST HAVE REFLECTED THE ADMINISTRATIVE INTENT SINCE THEY WERE WRITTEN IN ACCORDANCE WITH THE INFORMATION THEN AVAILABLE ON THE OFFICIAL RECORDS. THEREFORE, THE MODIFYING ORDERS OF DECEMBER 18, 1956, WERE NOT ISSUED FOR THE PURPOSE OF CORRECTING OR CLARIFYING YOUR ORDERS OF OCTOBER 23, 1956, AND MAY NOT BE USED AS A LEGAL BASIS TO ALLOW YOUR CLAIM FOR ADDITIONAL MILEAGE. HAD YOU PROMPTLY NOTIFIED THE AIR RESERVE CENTER THAT YOU HAD MOVED FROM FORT WORTH TO BALBOA AS YOU WERE REQUIRED TO DO BY AIR FORCE REGULATION 45 12, NO DOUBT YOU WOULD HAVE BEEN ORDERED TO ACTIVE DUTY FROM THE LATTER PLACE.

WE HAVE BEEN UNABLE TO FIND A RECORD OF AN ALLOWANCE OF A CLAIM SIMILAR TO YOURS FILED BY YOUR BROTHER. HOWEVER, IF WE ALLOWED SUCH A CLAIM, THE SETTLEMENT WAS ERRONEOUS AND DOES NOT PROVIDE A LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 19, 1957, WAS CORRECT AND IS SUSTAINED.