B-135667, MAY 8, 1958

B-135667: May 8, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USAR: REFERENCE IS MADE TO YOUR LETTER OF MARCH 12. YOU WERE RELEASED FROM ASSIGNMENT WITH THE USA INSTRUCTOR GROUP (ROTC) OHIO. YOU WERE NOTIFIED THAT YOUR ORIGINAL ORDERS HAD BEEN AMENDED TO CHANGE YOUR REPORTING DATE TO SEPTEMBER 13. YOU WERE NOTIFIED THAT YOUR OVERSEAS ORDERS WERE CANCELLED. THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. PARAGRAPH 3003 -1B OF SUCH REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS. THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELEASE OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

B-135667, MAY 8, 1958

TO LIEUTENANT COLONEL JOHN B. CLARK, 0351998, USAR:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1958, REQUESTING REVIEW OF THE SETTLEMENT DATED FEBRUARY 28, 1958, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE, TRANSPORTATION OF DEPENDENTS, AND SPECIAL MONETARY ALLOWANCES, INCIDENT TO REVOCATION ORDERS DIRECTING YOUR OVERSEAS ASSIGNMENT.

BY PARAGRAPH 70, SPECIAL ORDERS NO. 15, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED JANUARY 22, 1957, YOU WERE RELEASED FROM ASSIGNMENT WITH THE USA INSTRUCTOR GROUP (ROTC) OHIO, FORT HAYES, COLUMBUS, OHIO, AND ASSIGNED TO THE OVERSEAS REPLACEMENT STATION, USA PERSONNEL CENTER, FORT DIX, NEW JERSEY, FOR FURTHER ASSIGNMENT TO THE UNITED STATES ARMY, EUROPE, WITH A REPORTING DATE OF AUGUST 14, 1957, 30 DAYS' LEAVE EN ROUTE BEING AUTHORIZED. YOU DEPARTED COLUMBUS, OHIO, ON JULY 11, 1957, AND ARRIVED AT YOUR LEAVE ADDRESS IN MICHIGAN ON JULY 13, 1957. BY SPECIAL ORDERS NO. 152, HEADQUARTERS, U.S. ARMY MILITARY DISTRICT, OHIO, FORT HAYES, OHIO, DATED AUGUST 6, 1957, YOU WERE NOTIFIED THAT YOUR ORIGINAL ORDERS HAD BEEN AMENDED TO CHANGE YOUR REPORTING DATE TO SEPTEMBER 13, 1957. THEN BY TELEGRAM DATED AUGUST 19, 1957, ADDRESSED TO YOU AT YOUR LEAVE ADDRESS, MUNISING, MICHIGAN, YOU WERE NOTIFIED THAT YOUR OVERSEAS ORDERS WERE CANCELLED, WHEREUPON YOU RETURNED TO DUTY AT FORT HAYES, OHIO, ON AUGUST 22, 1957.

YOU RELATE THAT WHEN YOU RETURNED TO DUTY ON AUGUST 22, 1957, YOU LEARNED THAT YOUR HOUSEHOLD GOODS HAD BEEN SHIPPED OVERSEAS TO FRANCE, AND THAT YOU FOUND IT NECESSARY TO PROVIDE SEPARATE LODGINGS AND WARM CLOTHING FOR YOUR FAMILY IN MICHIGAN, WHILE YOU STAYED AT FORT HAYES, OHIO. YOU AVER THAT THIS INCONVENIENCE ARISING OUT OF THE CANCELLATION OF YOUR OVERSEAS ORDERS LASTED FOR APPROXIMATELY TWO MONTHS, DURING WHICH TIME YOU INCURRED ADDED EXPENSES.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. PARAGRAPH 3003 -1B OF SUCH REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO THE NEW STATION IS AUTHORIZED IN THE BASIC ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF RELEASE OR DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS.

IT CONSISTENTLY HAS BEEN HELD THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER MUST DEPART FROM THE OLD STATION BY ORDINARY MEANS OF TRANSPORTATION TO REACH HIS DESTINATION ON THE DATE DESIGNATED BY THE TRAVEL ORDERS. WHERE AN OFFICER IS GRANTED LEAVE OR DELAY IN CONNECTION WITH TRAVEL, IT IS CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL EXPIRATION OF SUCH LEAVE OR DELAY. IF THE ORDERS ARE CANCELED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED IS REGARDED AS INCIDENT TO SUCH LEAVE OR DELAY AND THE EXPENSES MUST BE BORNE BY THE TRAVELER CONCERNED. 8 COMP. GEN. 524; 9 ID. 315, AND 33 ID. 289. WHILE THE RECORD INDICATES THAT THE ORDERS OF JANUARY 22, 1957, WERE EFFECTIVELY REVOKED PRIOR TO THEIR EFFECTIVE DATE, IT IS CLEAR THAT, WHETHER THEY WERE REVOKED BEFORE OR AFTER THEIR EFFECTIVE DATE, NO RIGHT TO REIMBURSEMENT ON ACCOUNT OF THE TRAVEL HERE INVOLVED ACCRUED TO YOU. TRAVEL AND TRANSPORTATION ALLOWANCES MAY BE PAID ONLY ON ACCOUNT OF OFFICIAL TRAVEL, THAT IS, TRAVEL BETWEEN PERMANENT STATIONS OR OTHER AUTHORIZED POINTS. THUS WHERE A RIGHT TO REIMBURSEMENT FOR TRAVEL ALREADY PERFORMED ACCRUES ON THE EFFECTIVE DATE OF ORDERS, SUCH RIGHT ACCRUES ONLY TO THE EXTENT THAT SUCH TRAVEL BROUGHT THE MEMBER NEARER TO HIS NEW STATION. MUNISING, MICHIGAN, THE PLACE AT WHICH YOU RECEIVED NOTICE OF THE CANCELLATION OF YOUR ORDERS TO OVERSEAS DUTY, IS FARTHER FROM NEW YORK, DESIGNATED PORT OF EMBARKATION, THAN COLUMBUS, OHIO, YOUR OLD STATION, IS FROM NEW YORK. HENCE, IN NO EVENT, ARE YOU ENTITLED TO MILEAGE AND TRANSPORTATION OF DEPENDENTS FOR TRAVEL BETWEEN COLUMBUS AND MUNISING.

WITH RESPECT TO THE SHIPMENT OF YOUR EFFECTS AT GOVERNMENT EXPENSE FROM COLUMBUS TO A PORT OVERSEAS, IT APPEARS THAT IN ANTICIPATION OF CONCURRENT TRAVEL WITH YOUR DEPENDENTS TO YOUR NEW STATION BY WAY OF YOUR LEAVE ADDRESS, YOU TURNED YOUR HOUSEHOLD EFFECTS OVER TO A TRANSPORTATION OFFICER FOR PROMPT SHIPMENT OVERSEAS. SUCH SHIPMENT IN ADVANCE OF COMMENCEMENT OF TRAVEL BY YOU TO YOUR NEW STATION WAS WITHOUT COST TO YOU, AND WAS FOR YOUR CONVENIENCE AND BENEFIT. BECAUSE OF THE NATURE OF THE SHIPMENT, AN APPRECIABLE PERIOD OF TIME NECESSARILY WAS REQUIRED IN EFFECTING THE RETURN OF YOUR HOUSEHOLD GOODS. WHILE, AS A RESULT, YOU NO DOUBT EXPERIENCED SOME INCONVENIENCE, AND IT MAY BE THAT YOU INCURRED SOME EXPENSE WHICH YOU WOULD NOT OTHERWISE HAVE INCURRED, NO PROVISION IS MADE IN THE LAW OR REGULATIONS FOR THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF A PER DIEM, COST OF LIVING ALLOWANCE, OR OTHER "STIPEND" UNDER SUCH CIRCUMSTANCES. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 28, 1958, IS SUSTAINED.

INSOFAR AS YOUR REQUEST FOR THE RETURN OF YOUR "ORIGINAL CLAIM WITH ALL ENCLOSURES" IS CONCERNED YOU ARE ADVISED THAT ALL PAPERS FILED IN CONNECTION WITH A CLAIM AGAINST THE UNITED STATES AND CONSIDERED IN CONNECTION THEREWITH BECOME A PART OF THE OFFICIAL FILES OF THIS OFFICE