B-147751, DEC. 29, 1961

B-147751, DEC. 29, 1961

TO JOHN W. WIGLEY, AIC, USAF:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 16, 1961, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR MILEAGE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO CARIBOU AIR FORCE BASE, MAINE, AND THENCE TO ROBINS AIR FORCE BASE, GEORGIA, LESS THE AMOUNT PREVIOUSLY PAID FOR TRAVEL PERFORMED PURSUANT TO PERMANENT CHANGE OF STATION ORDERS OF MAY 21, 1959, AS AMENDED, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT OF MAY 2, 1960.

THE RECORD SHOWS THAT BY PARAGRAPH 4, SPECIAL ORDERS 64, 1628TH SUPPORT SQUADRON (MATS), USAF, APO 23, NEW YORK, NEW YORK, DATED MAY 21, 1959, YOU WERE TRANSFERRED ON PERMANENT CHANGE OF STATION TO CARIBOU AIR FORCE BASE, MAINE, THE ORDERS PROVIDING FOR YOU TO PROCEED ON OR ABOUT MAY 27, 1959, BY MILITARY AIRCRAFT FROM YOUR OVERSEAS STATION TO MCGUIRE AIR FORCE BASE, AND AUTHORIZED 30 DAYS' DELAY CHARGEABLE AS LEAVE. YOUR LEAVE ADDRESS WAS SHOWN AS BENTONIA, MISSISSIPPI, AND YOU WERE DIRECTED TO REPORT AT YOUR DUTY STATION NO LATER THAN 33 DAYS AFTER DEPARTURE FROM MCGUIRE AIR FORCE BASE, NEW JERSEY. SPECIAL ORDERS NO. 97, DATED JUNE 17, 1959, AMENDED THE ORDERS OF MAY 21, 1959, BY REASSIGNING YOU TO THE 7TH LOGISTICS SUPPORT SQUADRON, ROBINS AIR FORCE BASE, GEORGIA. YOUR ITINERARY SHOWS THAT YOU DEPARTED FROM YOUR OVERSEAS STATION ON MAY 27, 1959, AND FROM MCGUIRE AIR FORCE BASE MAY 28, 1959, ARRIVING AT YOUR LEAVE ADDRESS THE SAME DAY, AND COMMENCED TRAVELING TO CARIBOU AIR FORCE BASE ON JUNE 20, ARRIVING JUNE 25. HOWEVER, YOU REPORTED FOR DUTY ON JUNE 29, 1959, AT WHICH TIME YOU WERE FURNISHED THE AMENDATORY ORDERS OF JUNE 17, 1959,AND THEREUPON YOU TRAVELED TO ROBINS AIR FORCE BASE, GEORGIA, ARRIVING JULY 3, 1959.

YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MAY 2, 1960, FOR THE REASON THAT YOUR ORDERS WERE CHANGED PRIOR TO THE EFFECTIVE DATE THEREOF, SO AS TO TRANSFER YOU TO ROBINS AIR FORCE BASE, GEORGIA, RATHER THAN TO CARIBOU AIR FORCE BASE, MAINE, AND PURSUANT TO PARAGRAPH 3003-1B AND PARAGRAPH 4153-CASE 14 (LATER REDESIGNATED PARAGRAPH 4156-CASE 7 (A) (, JOINT TRAVEL REGULATIONS, YOU WERE ENTITLED TO MILEAGE FOR TRAVEL FROM THE PLACE YOU RECEIVED THE AMENDED ORDERS TO THE NEW STATION, NOT TO EXCEED THE DISTANCE FROM THE OLD STATION TO THE NEW STATION. SINCE YOU WERE FURNISHED TRANSPORTATION TO MCGUIRE AIR FORCE BASE, NEW JERSEY, PORT OF DEBARKATION FROM THE OLD STATION (APO 23) YOU WERE ADVISED THAT YOU WERE ENTITLED TO MILEAGE ONLY FROM THERE TO ROBINS AIR FORCE BASE, GEORGIA.

IN YOUR LETTER OF NOVEMBER 16 YOU CONTEND THAT, SINCE YOU RECEIVED THE AMENDMENT TO YOUR ORDERS AT CARIBOU AIR FORCE BASE AFTER YOU SIGNED IN AND REPORTED FOR DUTY AT THAT STATION, IT BECAME YOUR PERMANENT STATION AND THAT YOU ARE ENTITLED TO MILEAGE FROM CARIBOU AIR FORCE BASE TO ROBINS AIR FORCE BASE, YOUR NEW STATION, AS WELL AS FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, THE PLACE TO WHICH THE GOVERNMENT FURNISHED TRANSPORTATION FROM APO 23, TO CARIBOU AIR FORCE BASE. YOU REQUESTED FURTHER, THAT IF PAYMENT IS NOT MADE AS CLAIMED, YOU BE ADVISED OF ANY RECOURSE YOU MAY HAVE.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). PARAGRAPH 3003- 1B OF THESE REGULATIONS PROVIDES THAT WHEN LEAVE OR DELAY PRIOR TO REPORTING TO A NEW STATION IS AUTHORIZED IN THE ORDERS, THE AMOUNT OF SUCH LEAVE OR DELAY WILL BE ADDED TO THE DATE OF DETACHMENT FROM THE OLD STATION TO DETERMINE THE EFFECTIVE DATE OF THE ORDERS. THIS IS IN ACCORD WITH THE LONG-ESTABLISHED RULE THAT NO OFFICIAL TRAVEL IS REQUIRED UNDER CHANGE OF STATION ORDERS UNTIL SUCH TIME AS THE TRAVELER IS REQUIRED TO DEPART FROM HIS OLD STATION BY ORDINARY MEANS OF TRANSPORTATION (UNLESS OTHERWISE SPECIFIED) TO REACH HIS DESTINATION ON THE DATE DESIGNATED IN THE ORDERS. WHEN A MEMBER IS AUTHORIZED TO DELAY IN THE PERFORMANCE OF THE REQUIRED TRAVEL FOR PERSONAL REASONS, IT HAS BEEN CONSIDERED THAT NO OFFICIAL TRAVEL IS REQUIRED UNTIL THE EXPIRATION OF THE LEAVE OR DELAY AND IF THE ORDERS ARE MODIFIED OR CANCELLED PRIOR THERETO, ANY TRAVEL WHICH MAY HAVE BEEN PERFORMED PRIOR TO THE EXPIRATION OF THE LEAVE PERIOD IS REGARDED AS INCIDENT TO THE LEAVE OR DELAY AND THE EXPENSE THEREOF MUST BE BORNE BY THE TRAVELER CONCERNED. 31 COMP. GEN. 156; 33 ID. 289; 36 ID. 257.

IN THE PRESENT CASE YOU DEPARTED FROM YOUR OVERSEAS STATION ON MAY 27, 1959, AND FROM MCGUIRE AIR FORCE BASE, PORT OF DEBARKATION, ON THE FOLLOWING DAY UNDER ORDERS WHICH GRANTED 30 DAYS' DELAY AS LEAVE AND WHICH PROVIDED THAT YOU REPORT AT CARIBOU AIR FORCE BASE NO LATER THAN 33 DAYS AFTER DEPARTURE FROM MCGUIRE AIR FORCE BASE. THEREFORE, ON THE BASIS OF REQUIRED TRAVEL TIME OF NOT TO EXCEED FOUR DAYS FROM YOUR OLD STATION TO CARIBOU AIR FORCE BASE, YOU WERE NOT REQUIRED TO DEPART FROM YOUR OVERSEAS STATION PRIOR TO THE AMENDMENT TO YOUR ORDERS OF JUNE 17, 1959, AND WOULD HAVE RECEIVED SUCH AMENDMENT AT YOUR OLD STATION EXCEPT FOR YOUR EARLY DEPARTURE TO AVAIL YOURSELF OF THE AUTHORIZED LEAVE. UNDER SUCH CIRCUMSTANCES IT MUST BE CONSIDERED THAT YOUR FAILURE TO RECEIVE THE CHANGE IN YOUR ORDERS AT YOUR OLD STATION AT THE TIME IT WAS ISSUED WAS CAUSED SOLELY BY YOUR ABSENCE THEREFROM FOR PERSONAL REASONS TO TAKE LEAVE, AND CONSEQUENTLY THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM REGARDLESS OF THE FACT THAT THE AMENDMENT TO YOUR ORDERS WAS NOT RECEIVED UNTIL AFTER YOUR ARRIVAL AT CARIBOU AIR FORCE BASE. ALTHOUGH PARAGRAPH 19-2, PART I, SECTION 1 OF AIR FORCE MANUAL 35-11, IN EFFECT AT THE TIME OF TRAVEL PROVIDED FOR DIVERSION OF AN AIRMAN ON LEAVE TO HIS NEW DUTY STATION ONLY IN AN EMERGENCY UNDER CIRCUMSTANCES WHICH WOULD NOT CAUSE UNNECESSARY HARDSHIP, SUCH REGULATIONS DO NOT IMPOSE ANY LIABILITY ON THE GOVERNMENT FOR TRAVEL PERFORMED THAT IS NOT REQUIRED BY THE MEMBER'S ORDERS. ACCORDINGLY, THE SETTLEMENT OF MAY 2, 1960, WAS CORRECT AND IS SUSTAINED.

WITH RESPECT TO YOUR QUESTION AS TO ANY FURTHER RECOURSE YOU MAY HAVE IN SECURING PAYMENT OF YOUR CLAIM, YOU ARE ADVISED THAT PURSUANT TO THE PROVISIONS OF 31 U.S.C. 71, ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES ARE SETTLED IN THE GENERAL ACCOUNTING OFFICE AND OUR DECISIONS ARE CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE IN THIS CONNECTION 31 U.S.C. 74. HOWEVER, CERTAIN CLAIMS MAY BE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS. SUCH SUITS MUST BE FILED WITHIN SIX YEARS AFTER THE CLAIM FIRST ACCRUED. 28 U.S.C. 2501.