B-137700, DEC 31, 1958

B-137700, DEC 31, 1958

PRECIS-UNAVAILABLE

SECOND LIEUTENANT ALBERT K. WAINWRIGHT:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6, 1958, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT DATED JULY 25, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM MONROE, WISCONSIN, TO FORT SAM HOUSTON, TEXAS, AND RETURN TO MONROE, WISCONSIN, DURING THE PERIOD MAY 15 TO MAY 25, 1957, INCIDENT TO ORDERS DATED NOVEMBER 28, 1956, AND MAY 16, 1957.

BY LETTER ORDER NO. 5641, HEADQUARTERS FIFTH ARMY, CHICAGO, ILLINOIS, DATED NOVEMBER 28, 1956, YOU WERE ORDERED TO ACTIVE DUTY EFFECTIVE MAY 20, 1957, AND DIRECTED TO PROCEED ON SUCH DATE TO YOUR ASSIGNED STATION, FORT SAM HOUSTON, TEXAS, WITH A REPORTING DATE OF MAY 23, 1957. YOUR ORDERS CONTAINED A STATEMENT TO THE EFFECT THAT THE ORDER COULD BE AMENDED TO CONFORM TO CHANGES IN COURSE DATES. THESE ORDERS WERE SUBSEQUENTLY REVOKED BY LETTER ORDER NO. 4020 DATED MAY 16, 1957, ISSUED BY THE SAME HEADQUARTERS, WHICH CHANGED THE REPORTING DATE AT FORT SAM HOUSTON TO JUNE 11, 1958, WITH A "WILL PROCEED" DATE OF JUNE 8, 1958. YOUR ITINERARY SHOWS THAT YOU DEPARTED MONROE, WISCONSIN, AT 9:15 A.M., ON MAY 15, 1957, AND ARRIVED AT FORT SAM HOUSTON AT 11 A.M., ON MAY 18, 1957. YOUR CLAIM FOR REIMBURSEMENT FOR THIS TRAVEL WAS DISALLOWED SINCE THE RECORD SHOWED THAT YOU STARTED TRAVEL PRIOR TO THE DATE THAT IT WAS NECESSARY FOR YOU TO LEAVE YOUR HOME IN ORDER TO REPORT FOR DUTY AT FORT SAM HOUSTON AT THE TIME STIPULATED IN YOUR ORDERS, AND NO EVIDENCE HAD BEEN FURNISHED TO SHOW THAT THE ORDERS OF MAY 16 COULD NOT HAVE BEEN DELIVERED PRIOR TO THE TIME YOU WERE REQUIRED TO DEPART.

IN YOUR REQUEST FOR REVIEW YOU ADMITTED THAT YOU DEPARTED FROM MONROE ON MAY 15, 1957, PRIOR TO THE DATE REQUIRED BY YOUR ORDERS, BUT YOU APPEAR TO CONTEND THAT EVEN IF YOU HAD WAITED UNTIL MAY 20, 1957, THE EFFECTIVE DATE OF YOUR ORDERS, YOU STILL WOULD NOT HAVE RECEIVED THE REVOKING ORDERS OF MAY 16, 1957, BEFORE YOUR DEPARTURE. TO THIS END, YOU SUBMITTED NOTARIZED STATEMENTS DATED SEPTEMBER 30, 1958, FROM YOUR FATHER AND AN EMPLOYEE OF HIS TO THE GENERAL EFFECT THAT YOUR FATHER RECEIVED THE REVOKING ORDERS IN MONROE ON MAY 21, 1957. YOU ALSO EXPRESS THE OPINION THAT UNDER THE PROVISIONS OF PARAGRAPH 4156, CASE 4, JOINT TRAVEL REGULATIONS, YOUR CLAIM SHOULD BE ALLOWED.

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 HIS OLD STATION OR HOME BY ORDINARY MEANS OF TRANSPORTATION (UNLESS THE USE OF OTHER MEANS OF TRANSPORTATION IS DIRECTED) TO REACH HIS DESTINATION ON THE DATE REQUIRED BY THE TRAVEL ORDERS. UNDER CIRCUMSTANCES WHERE AN OFFICER DEPARTS FOR HIS NEW STATION PRIOR TO THE TIME HE IS REQUIRED TO DEPART AND HIS ORDERS ARE CANCELLED AFTER HIS DEPARTURE, BUT PRIOR TO THE TIME HE WAS REQUIRED TO DEPART, HE IS NOT ENTITLED TO PAYMENT OF ANY TRAVEL ALLOWANCE INCIDENT TO THE TRAVEL PERFORMED. SEE GENERALLY, 33 COMP. GEN. 289, AND THE DECISIONS CITED IN THAT CASE.

UNDER THE ORDERS OF NOVEMBER 28, 1956, YOU WERE NOT REQUIRED TO DEPART FROM MONROE, WISCONSIN, UNTIL MAY 20, 1957, SO AS TO GIVE YOU AMPLE TIME TO REPORT TO FORT SAM HOUSTON ON MAY 23, 1957. IT APPEARS THAT YOUR DEPARTURE FROM MONROE ON MAY 15, 1957, WAS FOR PERSONAL RASONS AND FOR YOUR OWN CONVENIENCE. NOTHING IN THE RECORD BEFORE US INDICATES THAT THE ORDERS OF MAY 16, 1957, WERE NOT MAILED ON THE DATE ISSUED, IN TIME TO HAVE BEEN DELIVERED TO YOU IN DUE COURSE ON MAY 17 OR 18. WHILE IT IS STATED IN THE AFFIDAVITS SUBMITTED IN SUPPORT OF YOUR CLAIM THAT THE ORDERS WERE RECEIVED BY YOUR FATHER ON MAY 21, 1957, NO OFFICIAL EVIDENCE HAS BEEN SUBMITTED WHICH INDICATES A DELAY IN DELIVERY OF THE CHANGED ORDERS AND THE AFFIDAVITS, EXECUTED LONG AFTER THE DATE INVOLVED, MAY NOT BE ACCEPTED AS ESTABLISHING THAT THE ORDERS OF MAY 16, 1957, WOULD NOT HAVE BEEN DELIVERED TO YOU AT MONROE PRIOR TO THE TIME IT WAS NECESSARY FOR YOU TO LEAVE THAT PLACE ON MAY 20, 1957.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF JULY 25, 1958, IS SUSTAINED.