B-149897, OCT. 26, 1962

B-149897: Oct 26, 1962

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WAS DISALLOWED BY OUR CLAIMS DIVISION ON JULY 26. PROVIDING "TPA-TMDAG" IS AUTHORIZED AND THE REQUIRED SPEEDOMETER READINGS SHOW 50 MILES OR MORE. 50 MILES WILL BE USED FOR REIMBURSEMENT PURPOSES AND THE TRAVELER'S PER DIEM WILL START AT THE TIME HE DEPARTS FROM AND RETURNS TO HIS PLACE OF RESIDENCE. WSMR REG 1-1 WILL BE AMENDED ACCORDINGLY. (ORDBS-COMP-F)" IT IS WELL ESTABLISHED THAT THE RIGHTS OF THE TRAVELER BECOME VESTED UPON PERFORMANCE OF THE TRAVEL AND THAT NEITHER A VALID REGULATION NOR TRAVEL ORDER PROPERLY ISSUED THEREUNDER MAY BE AMENDED RETROACTIVELY TO INCREASE OR DECREASE THE RIGHTS SO GIVEN. YOUR TRAVEL WAS COMPLETED PRIOR TO THE ISSUANCE OF DAILY BULLETIN NO. 75 AND. WE HAVE INSTRUCTED OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM.

B-149897, OCT. 26, 1962

TO MR. I. EDWARD HEIMAN:

ON JULY 31, 1962, YOU REQUESTED FURTHER CONSIDERATION OF YOUR CLAIM FOR 60 CENTS AS ADDITIONAL MILEAGE ALLOWANCE FOR TRAVEL PERFORMED AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. THE CLAIM, IN EFFECT, WAS DISALLOWED BY OUR CLAIMS DIVISION ON JULY 26, 1962.

PURSUANT TO TEMPORARY DUTY ORDERS YOU TRAVELED FROM LAS CRUCES, NEW MEXICO, TO THE INTERNATIONAL AIRPORT, EL PASO, TEXAS, BY PRIVATELY OWNED AUTOMOBILE AND THENCE BY AIR TO HUNTSVILLE, ALABAMA, ON APRIL 9, 1962. TWO DAYS LATER YOU RETURNED TO THE INTERNATIONAL AIRPORT, EL PASO, BY AIR AND FROM THERE TO LAS CRUCES BY CAR. YOU CLAIMED REIMBURSEMENT ON THE BASIS OF YOUR SPEEDOMETER READINGS OF 53 MILES ON EACH OF THE TRIPS BETWEEN LAS CRUCES AND EL PASO. THE AGENCY MADE PAYMENT ON THE BASIS OF 50 MILES EACH WAY PURSUANT TO PARAGRAPH 3, DAILY BULLETIN NO. 75, DATED APRIL 18, 1962, WHICH READS AS FOLLOWS:

"3. OFFICIAL TRAVEL, DETERMINATION OF DISTANCE

"AN ANALYSIS OF CIVILIAN TRAVEL VOUCHERS SUBMITTED BY RESIDENTS OF LAS CRUCES, NEW MEXICO, WHEN TRAVELING FROM PLACE OF RESIDENCE TO INTERNATIONAL AIRPORT, EL PASO, TEXAS, INDICATES THE AVERAGE DISTANCE TRAVELED TO BE 50 MILES, ONE WAY. THEREFORE, PROVIDING "TPA-TMDAG" IS AUTHORIZED AND THE REQUIRED SPEEDOMETER READINGS SHOW 50 MILES OR MORE, 50 MILES WILL BE USED FOR REIMBURSEMENT PURPOSES AND THE TRAVELER'S PER DIEM WILL START AT THE TIME HE DEPARTS FROM AND RETURNS TO HIS PLACE OF RESIDENCE, IN ACCORDANCE WITH PAR 7-8F (3) (A) CPR T.3. WSMR REG 1-1 WILL BE AMENDED ACCORDINGLY. (ORDBS-COMP-F)"

IT IS WELL ESTABLISHED THAT THE RIGHTS OF THE TRAVELER BECOME VESTED UPON PERFORMANCE OF THE TRAVEL AND THAT NEITHER A VALID REGULATION NOR TRAVEL ORDER PROPERLY ISSUED THEREUNDER MAY BE AMENDED RETROACTIVELY TO INCREASE OR DECREASE THE RIGHTS SO GIVEN. SEE 23 COMP. GEN. 713; 27 ID. 339; 32 ID. 315; 33 ID. 505; AND 40 ID. 242.

YOUR TRAVEL WAS COMPLETED PRIOR TO THE ISSUANCE OF DAILY BULLETIN NO. 75 AND, THEREFORE, WITHOUT GIVING CONSIDERATION TO THE PROSPECTIVE APPLICATION THEREOF, WE HAVE INSTRUCTED OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM.