B-138778, MAY 3, 1960

B-138778, MAY 3, 1960

TO MR. ROBERT A. OWEN:

YOUR LETTER OF JANUARY 5, 1960, REQUESTS US TO RECONSIDER YOUR CLAIM FOR ADJUSTMENT OF PER DIEM AND SALARY DURING THE PERIOD SEPTEMBER 8 THROUGH OCTOBER 2, 1956, INCIDENT TO YOUR TRAVEL AND TRANSFER FROM FT. RICHARDSON, ALASKA, TO CAMP ZAMA, JAPAN. OUR SETTLEMENT OF SEPTEMBER 5, 1958, DISALLOWED YOUR CLAIM ON THE BASIS THAT YOU DEPARTED YOUR POST OF DUTY IN ALASKA PRIOR TO RECEIPT OF PROPER INSTRUCTIONS COORDINATING YOUR MOVEMENT TO YOUR NEW DUTY LOCATION. THEREFORE, THE EXCESS TRAVEL TIME WAS CONSIDERED TO BE FOR PERSONAL REASONS RATHER THAN IN THE PERFORMANCE OF OFFICIAL DUTY.

WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY, IN REPLY TO OUR REQUEST FOR ADDITIONAL INFORMATION, THAT THE TRANSPORTATION OFFICER, HQ. USARAL INFORMED YOU THAT YOU WERE BOOKED FOR TRAVEL FROM THE ALASKAN POST OF DUTY. NEVERTHELESS, THE DEPARTMENT OF THE ARMY CONSIDERS THAT YOU DEPARTED YOUR POST OF DUTY IN ALASKA PREMATURELY FOR PERSONAL REASONS. THIS DETERMINATION IS BASED UPON THE STATEMENT, CONTAINED IN OUR FILE, SUBMITTED BY MR. ROY P. WILKE, CHIEF, EMPLOYEE UTILIZATION BRANCH, HQ. USARAL, TO THE EFFECT THAT YOU WERE NOT INSTRUCTED TO HONOR THE PORT CALL. MR. WILKE STATES THAT HE ADVISED YOU OF THE LETTER INSTRUCTIONS FROM DCSPER, OVERSEAS AFFAIRS BRANCH, THAT YOU WERE TO REMAIN AT YOUR ASSIGNED DUTY LOCATION UNTIL FURTHER INSTRUCTIONS WERE FORWARDED COORDINATING YOUR MOVEMENT FROM THE ALASKAN COMMAND TO THE APPROPRIATE PORT OF EMBARKATION FOR FURTHER MOVEMENT TO YOUR NEW STATION. IN THAT REGARD, THE RULE IS WELL-ESTABLISHED AND LONG FOLLOWED BY GOVERNMENT ACCOUNTING OFFICERS THAT IN THE EVENT OF A DISAGREEMENT BETWEEN THE FACTS AS STATED BY A CLAIMANT AND THOSE AS REPORTED BY THE ADMINISTRATIVE OFFICE CONCERNED, THE ADMINISTRATIVE REPORT MUST BE ACCEPTED AS CONTROLLING IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF OFFICIAL RECORDS.

THE OFFICIAL TRANSCRIPT OF YOUR PAY RECORD FOR THE PERIOD INVOLVED, INDICATES THAT YOU WERE PAID BY USARAL THROUGH THE PAY PERIOD ENDING SEPTEMBER 8, 1956. YOU WERE ALSO PAID FROM SEPTEMBER 27, 1956, THROUGH THE PAY PERIOD ENDING OCTOBER 6, 1956, BY AFFE, JAPAN. THE RECORD INDICATES, THEREFORE, THAT YOU DID NOT RECEIVE A SALARY PAYMENT FOR THE PERIOD SEPTEMBER 9 THROUGH SEPTEMBER 26, 1956. IT IS ALSO SHOWN THAT DURING THE PERIOD INVOLVED YOU WERE PAID PER DIEM FOR 5 3/4 DAYS IN THE AMOUNT OF $25.95 FOR TRAVEL FROM FORT RICHARDSON, ALASKA, TO FORT MASON, CALIFORNIA. INASMUCH AS YOU WERE ALLOWED PER DIEM WHILE TRAVELING YOU SHOULD HAVE BEEN PAID SALARY FOR THE WORK DAYS INVOLVED. WE ARE ADVISED THAT YOU COMMENCED TRAVEL AT 8:00 A.M., SATURDAY, SEPTEMBER 8, 1956. BASED ON THE 5 3/4 DAYS TRAVEL STATUS ALLOWED, YOU SHOULD HAVE BEEN PAID SALARY FOR THE 10TH, 11TH, 12TH, AND 13TH OF SEPTEMBER 1956. ADDITIONALLY, SINCE YOU WERE INSTRUCTED TO REPORT TO FORT MASON, CALIFORNIA AT 8:00 A.M., ON SEPTEMBER 26, 1956, FOR AIR TRAVEL PROCESSING, YOU SHOULD BE CONSIDERED IN A TRAVEL STATUS FOR THAT DATE AND ENTITLED TO SALARY AND PER DIEM.

THEREFORE, SETTLEMENT WILL ISSUE FROM OUR OFFICE IN DUE COURSE TO YOU FOR SALARY PAYMENT FOR THE 10TH, 11TH, 12TH, 13TH, AND 26TH OF SEPTEMBER 1956 AND FOR PER DIEM FOR SEPTEMBER 26, 1956.

THE DEPARTMENT OF THE ARMY, OFFICE OF THE DEPUTY CHIEF OF STAFF FOR PERSONNEL, RECOMMENDS THAT THE BALANCE OF THE PERIOD INVOLVED (SEPTEMBER 14 THROUGH 25, 1956) BE CHARGED TO ANNUAL LEAVE IN THE AMOUNT OF 64 HOURS AS EXCESS TRAVEL TIME. SINCE THE GRANTING OR CHARGING OF ANNUAL LEAVE IS PRIMARILY AN ADMINISTRATIVE MATTER, NOT ORDINARILY SUBJECT TO OUR REVIEW, ANY ADJUSTMENTS IN YOUR LEAVE RECORDS WHICH MAY BE NECESSARY, AND OTHERWISE PROPER, IN THIS INSTANCE SHOULD BE SETTLED BETWEEN YOU AND THE ADMINISTRATIVE OFFICE.