B-148893, JUL. 13, 1962

B-148893: Jul 13, 1962

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MC: REFERENCE IS MADE TO YOUR LETTER OF MAY 3. YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AS A RESERVE COMMISSIONED OFFICER OF THE ARMY AND ASSIGNED A PERMANENT STATION AT FORT LEWIS. WHERE YOU WERE TO REPORT NOT LATER THAN JULY 6. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. THAT YOU WERE CREDITED WITH ACTIVE DUTY PAY AND ALLOWANCES FROM JULY 1. YOUR CLAIM IS FOR REFUND OF $66.55 COLLECTED FROM YOU REPRESENTING ACTIVE DUTY PAY AND ALLOWANCES ERRONEOUSLY RECEIVED FOR THREE DAYS. THE DATE YOU WOULD HAVE BEEN REQUIRED TO LEAVE YOUR HOME AT SOUTH PITTSBURG BY PRIVATELY OWNED CONVEYANCE IN ORDER TO ARRIVE AT FORT SAM HOUSTON ON JULY 6 TO COMPLY WITH YOUR ORDERS. IT IS YOUR CONTENTION THAT YOU MADE A BONA FIDE ERROR IN RECORDING SOUTH PITTSBURGH AS YOUR PERMANENT HOME ADDRESS ON YOUR APPLICATION SINCE YOU HAD NOT LIVED THERE FOR EIGHT YEARS.

B-148893, JUL. 13, 1962

TO CAPTAIN CALVIN H. HUDSON, MC:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1962, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 27, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF PAY AND ALLOWANCES COLLECTED FROM YOU FOR THE EXCESS TRAVEL TIME INVOLVED IN YOUR TRAVEL FROM BROOKLYN, NEW YORK, TO FORT SAM HOUSTON, TEXAS, PURSUANT TO ACTIVE DUTY ORDERS DATED JUNE 20, 1960.

BY LETTER ORDERS A-06-73, HEADQUARTERS, FIRST UNITED STATES ARMY, GOVERNORS ISLAND, NEW YORK, DATED JUNE 20, 1960, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AS A RESERVE COMMISSIONED OFFICER OF THE ARMY AND ASSIGNED A PERMANENT STATION AT FORT LEWIS, WASHINGTON, WITH TEMPORARY DUTY EN ROUTE AT FORT SAM HOUSTON, TEXAS, WHERE YOU WERE TO REPORT NOT LATER THAN JULY 6, 1960. TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED. THE ORDERS SHOWED YOUR PERMANENT HOME ADDRESS AS 1307 ELM AVENUE, SOUTH PITTSBURG, TENNESSEE, AND YOUR TEMPORARY ADDRESS AS 886 EAST 93RD STREET, BROOKLYN, NEW YORK. IT APPEARS THAT YOU LEFT BROOKLYN ON JULY 1, 1960, AND REPORTED AT YOUR TEMPORARY DUTY STATION, FORT SAM HOUSTON, ON JULY 6, 1960, THE TRAVEL BEING PERFORMED BY PRIVATELY OWNED VEHICLE, AND THAT YOU WERE CREDITED WITH ACTIVE DUTY PAY AND ALLOWANCES FROM JULY 1, 1960.

YOUR CLAIM IS FOR REFUND OF $66.55 COLLECTED FROM YOU REPRESENTING ACTIVE DUTY PAY AND ALLOWANCES ERRONEOUSLY RECEIVED FOR THREE DAYS, JULY 1 TO 3, ON THE BASIS THAT ENTITLEMENT COMMENCED ON JULY 4, THE DATE YOU WOULD HAVE BEEN REQUIRED TO LEAVE YOUR HOME AT SOUTH PITTSBURG BY PRIVATELY OWNED CONVEYANCE IN ORDER TO ARRIVE AT FORT SAM HOUSTON ON JULY 6 TO COMPLY WITH YOUR ORDERS. IT IS YOUR CONTENTION THAT YOU MADE A BONA FIDE ERROR IN RECORDING SOUTH PITTSBURGH AS YOUR PERMANENT HOME ADDRESS ON YOUR APPLICATION SINCE YOU HAD NOT LIVED THERE FOR EIGHT YEARS, AND CONSEQUENTLY THAT BROOKLYN SHOULD BE CONSIDERED YOUR HOME OF RECORD AND THE PLACE FROM WHICH YOU WERE ENTITLED TO PAY AND ALLOWANCES.

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 232 (D), PROVIDES THAT, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE PRESIDENT, IN THE CASE OF MEMBERS OF THE UNIFORMED SERVICES CALLED OR ORDERED TO EXTENDED ACTIVE DUTY IN EXCESS OF 30 DAYS, HOME TO FIRST DUTY STATION AND FROM LAST DUTY STATION TO HOME BY THE MODE OF TRANSPORTATION AUTHORIZED IN THE ORDERS FOR SUCH MEMBERS. 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;, FURTHER PROVISION IS MADE IN THAT PARAGRAPH FOR AN OFFICIALLY CORRECTED RECORDING OF THE HOME IN THOSE INSTANCES WHEN, THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME, PROVIDED THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.

AT THE TIME YOU ENTERED ON ACTIVE DUTY PURSUANT TO THE ORDERS OF JUNE 20, 1960, YOUR PERMANENT HOME WAS OFFICIALLY RECORDED AS SOUTH PITTSBURG, TENNESSEE, ON THE BASIS OF YOUR REPRESENTATIONS, AND YOUR ADDRESS IN BROOKLYN, NEW YORK, WAS RECORDED AS YOUR TEMPORARY ADDRESS, FOR A LIMITED TIME. PRESUMABLY IT WAS NOT UNTIL MORE THAN ONE YEAR LATER, WHEN THE COLLECTION OF THE OVERPAYMENT WAS EFFECTED, THAT YOU FIRST REQUESTED A CORRECTION OF YOUR RECORDED HOME OF RECORD, AND YOU OF EVIDENCE THAT YOUR HOME OF RECORD WAS OFFICIALLY CHANGED BY THE DEPARTMENT OF THE ARMY AS REQUIRED BY THE APPLICABLE REGULATIONS, THE CONCLUSION IS REQUIRED THAT SOUTH PITTSBURG, TENNESSEE, WAS YOUR OFFICIAL HOME OF RECORD WHEN YOU ENTERED ON ACTIVE DUTY UNDER THE ORDERS OF JUNE 20, 1960, WITHIN THE CONTEMPLATION OF SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949. ACCORDINGLY, THE SETTLEMENT DATED APRIL 27, 1962, IS SUSTAINED.

CONCERNING YOUR REQUEST FOR INFORMATION AS TO THE PROPER AUTHORITIES WHO MAY HELP YOU FURTHER IN THE MATTER, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER, YOU ARE ADVISED THAT THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN 6 YEARS AFTER THE CLAIMS FIRST ACCRUED. 28 U.S.C. 2501.