B-149911, MAR. 29, 1963

B-149911: Mar 29, 1963

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TO LIEUTENANT COMMANDER BILLY PERRY: REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE BY OUR CLAIMS DIVISION ON JUNE 13. YOU WERE ISSUED OFFICIAL NAVY MOBILIZATION ORDERS TO ACTIVE DUTY. YOU WERE DIRECTED TO REPORT FOR ACTIVE DUTY UNDER YOUR MOBILIZATION ORDERS FOR A PERIOD OF 12 MONTHS REPORTING ON OCTOBER 16. YOUR ORDERS WERE AMENDED TO DIRECT YOU TO REPORT FOR ACTIVE DUTY ON JANUARY 2. IT WILL BE NECESSARY. SINCE YOU WERE REQUIRED TO REPORT AT HOUSTON. IT APPEARS THAT YOU COULD HAVE TRAVELED FROM YOUR HOME IN TEXAS CITY. WAS APPROVED. IT IS AN ESTABLISHED RULE THAT ORDERS RELATING TO PERSONNEL OF THE UNIFORMED SERVICES MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE OR DECREASE RIGHTS WHICH HAVE BECOME FIXED UNDER APPLICABLE LAWS AND REGULATIONS.

B-149911, MAR. 29, 1963

TO LIEUTENANT COMMANDER BILLY PERRY:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE BY OUR CLAIMS DIVISION ON JUNE 13, 1962, OF YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD DECEMBER 26, 1961, TO JANUARY 1, 1962, INCLUSIVE, INCIDENT TO YOUR REPORTING FOR ACTIVE DUTY ON DECEMBER 26, 1961, AS LIEUTENANT, UNITED STATES NAVAL RESERVE.

UNDER DATE OF DECEMBER 2, 1960, YOU WERE ISSUED OFFICIAL NAVY MOBILIZATION ORDERS TO ACTIVE DUTY, TYPE "A," VALID THROUGH DECEMBER 31, 1963, WHICH ORDERED YOU TO REPORT FOR EXTENDED ACTIVE DUTY IN THE CASE OF A LIMITED EMERGENCY ONLY WHEN FURTHER DIRECTED BY THE ISSUING OFFICER OR BY OTHER APPROPRIATE NAVAL AUTHORITY. BY LETTER DATED SEPTEMBER 5, 1961, FROM THE COMMANDANT, EIGHTH NAVAL DISTRICT, YOU WERE DIRECTED TO REPORT FOR ACTIVE DUTY UNDER YOUR MOBILIZATION ORDERS FOR A PERIOD OF 12 MONTHS REPORTING ON OCTOBER 16, 1961, AT USMRTC, HOUSTON, TEXAS, FOR FURTHER TRANSFER TO YOUR DUTY STATION. BY LETTER DATED NOVEMBER 8, 1961, FROM THE COMMANDANT, EIGHTH NAVAL DISTRICT, YOUR ORDERS WERE AMENDED TO DIRECT YOU TO REPORT FOR ACTIVE DUTY ON JANUARY 2, 1962, WITH NO PROVISION FOR EARLIER REPORTING.

IN LETTERS DATED NOVEMBER 28, 1962, AND JANUARY 11, 1963, WE REQUESTED THAT YOU FURNISH COPIES OF THE CORRESPONDENCE AND DOCUMENTS PURSUANT TO WHICH YOU STATE YOU REPORTED ON DECEMBER 26, 1961, RATHER THAN JANUARY 2, 1962, BUT NO REPLY HAS BEEN RECEIVED FROM YOU. IT WILL BE NECESSARY, THEREFORE, TO DETERMINE YOUR ENTITLEMENT ON THE BASIS OF THE OFFICIAL RECORDS IN THE FILE BEFORE US.

ACTIVE DUTY PAY AND ALLOWANCES IN THE CASE OF A RESERVE OFFICER ORDERED TO EXTENDED ACTIVE DUTY IN EXCESS OF 30 DAYS ACCRUE ONLY FROM THE DATE NECESSARY FOR HIM TO LEAVE HIS HOME IN ORDER TO REPORT AS DIRECTED IN THE ORDERS. SINCE YOU WERE REQUIRED TO REPORT AT HOUSTON, TEXAS, BEFORE 9 A.M., ON JANUARY 2, 1962, IT APPEARS THAT YOU COULD HAVE TRAVELED FROM YOUR HOME IN TEXAS CITY, TEXAS, TO HOUSTON, A RELATIVELY SHORT DISTANCE, THAT MORNING.

BY LETTER ADDRESSED TO YOU FROM THE CHIEF OF NAVAL PERSONNEL UNDER DATE OF AUGUST 23, 1962, YOUR ACTION IN REPORTING FOR ACTIVE DUTY ON DECEMBER 26, 1961, WAS APPROVED. IT IS AN ESTABLISHED RULE THAT ORDERS RELATING TO PERSONNEL OF THE UNIFORMED SERVICES MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE OR DECREASE RIGHTS WHICH HAVE BECOME FIXED UNDER APPLICABLE LAWS AND REGULATIONS, EXCEPT IN UNUSUAL CASES WHERE THE ORDERS MUST BE CORRECTED OR COMPLETED BY AMENDMENT TO SHOW THEIR ORIGINAL INTENT. SEE 24 COMP. GEN. 439. LIKEWISE THE RETROACTIVE APPROVAL OF YOUR EARLY REPORTING CONFERRED ON YOU NO NEW RIGHT TO ACTIVE DUTY PAY AND ALLOWANCES. THERE IS NOTHING IN THE LETTER OF AUGUST 23, 1962, WHICH INDICATES THAT THE BUREAU OF NAVAL PERSONNEL HAD ANY INTENTION ON NOVEMBER 8, 1961, OF ORDERING YOU TO ACTIVE DUTY ON DECEMBER 26, 1961.