B-149196, APR. 2, 1963

B-149196, APR. 2, 1963

TO MR. DONALD E. REED:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1963, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR TRANSPORTATION ALLOWANCE FOR THE TRAVEL OF YOUR DEPENDENTS FROM BARSTOW, CALIFORNIA, TO KNOXVILLE, TENNESSEE, PRIOR TO ORDERS OF JANUARY 10, 1962, WHICH RELEASED YOU FROM ACTIVE DUTY.

IN YOUR LETTER YOU REFER TO OUR DECISION B-149196, DATED JULY 6, 1962, WHICH SUSTAINED THE SETTLEMENT DATED APRIL 6, 1962, DISALLOWING YOUR CLAIM AND YOU REQUEST A RULING ON THE BASIS OF THE LAW IN THE CASE RATHER THAN ON THE REGULATIONS. YOU STATE THAT YOU WERE ORDERED TO ACTIVE DUTY IN ERROR AND YOU AND EVERYONE CONCERNED KNEW YOU WOULD BE RELEASED BECAUSE OF THE ERROR. THEREFORE, YOU CONTEND THAT YOU ARE ENTITLED TO PAYMENT FOR YOUR DEPENDENTS' TRAVEL UNDER THE JOINT TRAVEL REGULATIONS WHICH YOU SAY PROVIDE FOR PAYMENT IF THE MEMBER HAD KNOWLEDGE OF PENDING ORDERS TO BE ISSUED IN THE VERY NEAR FUTURE. YOU ALSO REQUEST INFORMATION REGARDING APPEAL RIGHTS.

AS YOU WERE ADVISED IN OUR DECISION OF JULY 6, 1962, AT THE TIME INVOLVED, SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, PROVIDED THAT, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION (INCLUDING FROM LAST DUTY STATION TO HOME) SHALL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS OR TO REIMBURSEMENT THEREFOR. THE STATUTE WAS NOT SELF EXECUTING BUT REQUIRED THE ISSUANCE OF REGULATIONS TO CARRY IT INTO EFFECT. THOSE REGULATIONS ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS AND ARE STATUTORY REGULATIONS HAVING THE FORCE AND EFFECT OF LAW. 22 COMP. GEN. 895; 27 COMP. GEN. 48; 33 COMP. GEN. 505.

THUS IT WILL BE SEEN THAT ANY RIGHT YOU HAVE TO REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS IS FOR DETERMINATION UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. IN THE DECISION OF JULY 6, 1962, WE CAREFULLY CONSIDERED YOUR CLAIM IN THE LIGHT OF THE APPLICABLE REGULATIONS AND, FOR THE REASONS THERE STATED, IT WAS CONCLUDED THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL SINCE IT WAS PERFORMED PRIOR TO AN OFFICIAL DETERMINATION TO ISSUE YOUR RELEASE ORDERS.

YOUR PRESENT LETTER CONTAINS NO PERTINENT FACT OR INFORMATION NOT PREVIOUSLY CONSIDERED IN THE MATTER AND, CONSEQUENTLY, PROVIDES NO BASIS UPON WHICH WE MAY ARRIVE AT A CONCLUSION DIFFERENT FROM THAT REACHED IN THE DECISION OF JULY 6, 1962.

WITH RESPECT TO YOUR INQUIRY REGARDING APPEAL RIGHTS, YOU ARE ADVISED THAT 31 U.S.C. 71 PROVIDES THAT ALL CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES SHALL BE 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.