B-141084, DEC. 7, 1959

B-141084: Dec 7, 1959

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WESTON: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9. YOUR HOME ADDRESS WAS SHOWN TO BE "HR NUMBER 7. " AND YOU WERE ORDERED TO PROCEED FROM SUCH HOME TO FORT BENNING. THESE ORDERS WERE AMENDED TO CHANGE THE EFFECTIVE DATE OF YOUR ACTIVE DUTY TO APRIL 9. WERE AMENDED TO ADD: . IT FURTHER APPEARS THAT YOU HAVE BEEN PAID MILEAGE FOR TRAVEL FROM DAYTON. THAT YOU ARE CLAIMING ADDITIONAL MILEAGE FROM PULLMAN. YOUR CLAIM WAS DISALLOWED 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 ON THE BASIS THAT YOU WERE GIVEN IMPROPER INFORMATION BEFORE YOUR ENTRANCE ON ACTIVE DUTY AS TO THE MEANING OF THE WORD "HOME" UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT.

B-141084, DEC. 7, 1959

TO MR. PETER W. WESTON:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9, 1959, IN WHICH YOU REQUEST RECONSIDERATION OF OUR SETTLEMENT DATED SEPTEMBER 10, 1959, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FROM PULLMAN, WASHINGTON, TO DAYTON, OHIO, INCIDENT TO TRAVEL PERFORMED IN REPORTING FOR ACTIVE DUTY UNDER ORDERS OF NOVEMBER 8, 1954, HEADQUARTERS SIXTH ARMY, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AS AMENDED DECEMBER 6, 1954.

IN THE ORDERS OF NOVEMBER 8, 1954, YOUR HOME ADDRESS WAS SHOWN TO BE "HR NUMBER 7, RAHN ROAD, DAYTON, OHIO," AND YOU WERE ORDERED TO PROCEED FROM SUCH HOME TO FORT BENNING, GEORGIA, WITH A REPORTING DATE OF APRIL 4, 1955. BY ORDERS OF DECEMBER 6, 1954, THESE ORDERS WERE AMENDED TO CHANGE THE EFFECTIVE DATE OF YOUR ACTIVE DUTY TO APRIL 9, 1955. IT APPEARS THAT YOU DEPARTED PULLMAN, WASHINGTON, ON APRIL 2, 1955, AND ARRIVED AT DAYTON, OHIO, ON APRIL 4, 1955. YOU DEPARTED DAYTON, OHIO, ON APRIL 9, 1955, AND REPORTED FOR DUTY AT FORT BENNING, GEORGIA, ON OR ABOUT APRIL 10, 1955. BY LETTER ORDER DATED MAY 20, 1959, ISSUED AT PRESIDIO OF SAN FRANCISCO, CALIFORNIA, YOUR ORIGINAL ORDERS OF NOVEMBER 8, 1954, AS AWARDED, WERE AMENDED TO ADD: ,TEMPORARY ADDRESS-NOW AT: 402 OAK STREET, PULLMAN, WASHINGTON.' IT FURTHER APPEARS THAT YOU HAVE BEEN PAID MILEAGE FOR TRAVEL FROM DAYTON, OHIO, TO FORT BENNING, GEORGIA, AND THAT YOU ARE CLAIMING ADDITIONAL MILEAGE FROM PULLMAN, WASHINGTON, TO DAYTON, OHIO, BY REASON OF THE MODIFYING ORDERS OF MAY 20, 1959. YOUR CLAIM WAS DISALLOWED 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 ON THE BASIS THAT YOU WERE GIVEN IMPROPER INFORMATION BEFORE YOUR ENTRANCE ON ACTIVE DUTY AS TO THE MEANING OF THE WORD "HOME" UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON CALL TO ACTIVE DUTY FROM HOME OR FROM PLACE WHICH ORDERED TO ACTIVE DUTY TO THE FIRST STATION. THE TERM "HOME" FOR SUCH PURPOSES IS DEFINED IN PARAGRAPH 1150-3 OF THE JOINT TRAVEL REGULATIONS TO MEAN "THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, ENLISTED, REENLISTED, INDUCTED, OR ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.'

ON THE DATE OF ISSUANCE OF YOUR ORDERS OF NOVEMBER 8, 1954, AS AMENDED BY ORDERS OF DECEMBER 6, 1954, YOUR HOME OF RECORD WAS DAYTON, OHIO, AND YOUR ORDERS DIRECTED TRAVEL FROM THAT POINT TO FORT BENNING. TRAVEL WAS NOT REQUIRED UNDER SUCH ORDERS UNTIL APRIL 1955, AND CONSEQUENTLY SUCH ORDERS, IF BASED UPON CURRENTLY INCORRECT INFORMATION, COULD HAVE BEEN EFFECTIVELY AMENDED AT ANY TIME PRIOR TO THAT DATE TO REFLECT A CHANGE OF HOME ADDRESS AND TO DIRECT TRAVEL FROM THAT POINT ON ENTERING ACTIVE DUTY. IN RESPONSE TO OUR REQUEST, A REPORT FROM THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, SHOWS THAT THERE IS NO RECORD OF YOU CHANGING YOUR ADDRESS FROM RR NO. 7, RAHN ROAD, DAYTON, OHIO, TO 402 OAK STREET, PULLMAN, WASHINGTON, PRIOR TO YOUR ENTRANCE ON ACTIVE DUTY. THEREFORE, INASMUCH AS YOUR ORIGINAL ORDERS WERE NOT AMENDED PRIOR TO THEIR EFFECTIVE DATE--- APRIL 9, 1955, YOUR HOME FOR THE PURPOSE OF DETERMINING YOUR RIGHT TO TRAVEL ALLOWANCE WHEN "ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY," WAS DAYTON, OHIO, AND SUCH FACT IS NOT CHANGED BY AN AMENDMENT TO YOUR ORDERS, ISSUED OVER FOUR YEARS LATER, MAY 20, 1959, THE RULE BEING WELL ESTABLISHED THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE THE RIGHTS OF THE TRAVELER OR TO ALTER THE LIABILITY OF THE GOVERNMENT IN THE MATTER. 24 COMP. GEN. 439.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF SEPTEMBER 10, 1959, IS SUSTAINED.