B-147387, OCT. 23, 1961

B-147387: Oct 23, 1961

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WAS ORDERED TO ACTIVE DUTY WITH THE SECOND HOWITZER BATTALION. LIEUTENANT COOK STATES THAT UPON ARRIVAL AT FORT CAMPBELL HE FOUND THAT HE WAS TO ATTEND ANOTHER COURSE AT FORT SILL AND WAS GIVEN A TRUE COPY OF LETTER ORDER 3-53 ISSUED AT HEADQUARTERS. LIEUTENANT COOK FURTHER STATES THAT HE DID NOT RECEIVE THE ORIGINAL ORDERS WHILE AT FORT SILL AND THE ABOVE-MENTIONED COPY WAS ALL THAT HE RECEIVED. THAT THROUGH ADMINISTRATIVE OVERSIGHT LETTER ORDER 3-53 WAS NOT DELIVERED TO LIEUTENANT COOK PRIOR TO HIS DEPARTURE FROM FORT SILL FOR FORT CAMPBELL ON MARCH 23. THERE IS NOTHING OF RECORD INDICATING THAT THE CIRCUMSTANCES SURROUNDING LIEUTENANT COOK'S RECEIPT OF NOTIFICATION OF THE ORDERED ADDITIONAL TEMPORARY DUTY WERE OTHER THAN AS RELATED IN THE ABOVE STATEMENTS.

B-147387, OCT. 23, 1961

TO MAJOR J. H. LEGGETT, FC:

BY COMMUNICATION OF SEPTEMBER 19, 1961, THE OFFICE OF THE CHIEF, CLAIMS DIVISION, SETTLEMENT OPERATIONS, UNITED STATES ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, FORWARDED YOUR LETTER OF MAY 12, 1961, WITH ENCLOSURES, SUBMITTING FOR AN ADVANCE DECISION A VOUCHER STATED IN FAVOR OF SECOND LIEUTENANT CLARISS M. COOK, JR., 05 310 528, FOR PER DIEM AND MILEAGE ALLOWANCE FOR TRAVEL FROM FORT SILL, OKLAHOMA, TO FORT CAMPBELL, KENTUCKY, AND RETURN, DURING THE PERIOD MARCH 23 TO 28, 1961.

BY LETTER ORDER A-12-515 OF DECEMBER 16, 1960, ISSUED BY HEADQUARTERS, THIRD UNITED STATES ARMY, FORT MCPHERSON, GEORGIA, LIEUTENANT COOK, AS A RESERVE COMMISSIONED OFFICER OF THE ARMY, WAS ORDERED TO ACTIVE DUTY WITH THE SECOND HOWITZER BATTALION, ELEVENTH ARTILLERY, FORT CAMPBELL, KENTUCKY. THE ORDERS DIRECTED THAT HE REPORT NOT LATER THAN JANUARY 23, 1961, AT FORT SILL, OKLAHOMA, FOR APPROXIMATELY EIGHT WEEKS' TEMPORARY DUTY TO ATTEND A FIELD ARTILLERY OFFICER ORIENTATION COURSE 6-2-C20. UPON COMPLETION OF THE COURSE, LIEUTENANT COOK LEFT FORT SILL ON MARCH 23, 1961, AND PROCEEDED BY PRIVATELY OWNED VEHICLE TO HIS PERMANENT DUTY STATION, FORT CAMPBELL, KENTUCKY, WHERE HE ARRIVED ON MARCH 26, 1961.

LIEUTENANT COOK STATES THAT UPON ARRIVAL AT FORT CAMPBELL HE FOUND THAT HE WAS TO ATTEND ANOTHER COURSE AT FORT SILL AND WAS GIVEN A TRUE COPY OF LETTER ORDER 3-53 ISSUED AT HEADQUARTERS, 101ST AIRBORNE DIVISION AND FORT CAMPBELL, FORT CAMPBELL, ON MARCH 14, 1961, DIRECTING THAT HE REPORT AT FORT SILL NOT LATER THAN MARCH 23, 1961, FOR APPROXIMATELY 63 DAYS OF TEMPORARY DUTY TO ATTEND ARTILLERY COMMISSIONED OFFICER COURSE 6-B-0200. LIEUTENANT COOK FURTHER STATES THAT HE DID NOT RECEIVE THE ORIGINAL ORDERS WHILE AT FORT SILL AND THE ABOVE-MENTIONED COPY WAS ALL THAT HE RECEIVED. IN VIEW OF THESE ORDERS HE DEPARTED FORT CAMPBELL BY PRIVATE AUTO ON MARCH 27, 1961, AND ARRIVED BACK AT FORT SILL ON MARCH 28, 1961, WHERE HE ATTENDED THE COMMISSIONED OFFICER COURSE 6-B-0200. THE FILE ALSO CONTAINS A STATEMENT BY CAPTAIN ISHMAEL J. MUELLER, ADJUTANT, FIRST OFFICER STUDENT BATTERY, UNITED STATES ARMY ARTILLERY AND MISSILE SCHOOL, FORT SILL, THAT THROUGH ADMINISTRATIVE OVERSIGHT LETTER ORDER 3-53 WAS NOT DELIVERED TO LIEUTENANT COOK PRIOR TO HIS DEPARTURE FROM FORT SILL FOR FORT CAMPBELL ON MARCH 23, 1961, AND THAT LIEUTENANT COOK HAD NO KNOWLEDGE AT THAT TIME OF THE ISSUANCE OF ORDERS FOR HIM TO ATTEND ANOTHER COURSE OF INSTRUCTION AT FORT SILL. THERE IS NOTHING OF RECORD INDICATING THAT THE CIRCUMSTANCES SURROUNDING LIEUTENANT COOK'S RECEIPT OF NOTIFICATION OF THE ORDERED ADDITIONAL TEMPORARY DUTY WERE OTHER THAN AS RELATED IN THE ABOVE STATEMENTS.

YOU EXPRESS DOUBT AS TO THE LEGALITY OF PAYMENT OF THE VOUCHER INASMUCH AS LETTER ORDER 3-53, WHICH WAS INTENDED TO CONTINUE THE OFFICER ON TEMPORARY DUTY AT FORT SILL, WAS RECEIVED AT THAT STATION PRIOR TO COMPLETION OF THE FIRST COURSE OF INSTRUCTION AND YOU DO NOT CONSIDER THE NONDELIVERY OF THE ORDERS TO THE MEMBER PRIOR TO HIS DEPARTURE AS FORMING A BASIS FOR PAYMENT.

PARAGRAPH 6, ARMY REGULATIONS 310-110A, DATED JANUARY 18, 1955, PROVIDES THAT ORDERS TO AN INDIVIDUAL ARE GENERALLY EFFECTIVE UPON RECEIPT OF THE ORDERS BY THE INDIVIDUAL UNLESS OTHERWISE SPECIFIED THEREIN. SUCH RECEIPT MAY BE ACTUAL OR CONSTRUCTIVE. SEE 6 BULLETIN OF THE JAG 211; 4 BULL. 456; 3 BULL. 406; 27 COMP. GEN. 176. THE ORDERS OF DECEMBER 16, 1960, DID NOT DIRECT THAT THE OFFICER SHOULD AWAIT FURTHER ORDERS AT FORT SILL AFTER COMPLETION OF THE ORIENTATION COURSE OR OTHERWISE SHOW THAT HE WOULD BE ASSIGNED TO AN ADDITIONAL COURSE AND THERE IS NOTHING TO INDICATE THAT HE HAD ANY KNOWLEDGE EITHER ACTUAL OR CONSTRUCTIVE OF THE ISSUANCE OF THE ORDERS DATED MARCH 14, 1961, PRIOR TO HIS DEPARTURE FROM FORT SILL. HENCE IT SEEMS CLEAR THAT THE TRAVEL WAS PERFORMED BY THE OFFICER IN GOOD FAITH AND IN COMPLIANCE WITH THE ONLY ORDERS OF WHICH HE WAS AWARE UNTIL HE RECEIVED A COPY OF THE ORDERS OF MARCH 14, 1961, UPON HIS ARRIVAL AT FORT CAMPBELL, PURSUANT TO WHICH HE RETURNED TO FORT SILL. ACCORDINGLY, THE VOUCHER WITH SUPPORTING PAPERS IS RETURNED HEREWITH AND MAY BE PAID IF OTHERWISE CORRECT.