B-153059, FEB. 13, 1964

B-153059: Feb 13, 1964

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TC: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2. YOU WERE ORDERED TO ACTIVE DUTY AND ASSIGNED TO U.S. INCIDENT THERETO YOU CLAIMED AND WERE PAID IN APRIL 1962 FOR YOUR DEPENDENT'S TRAVEL FROM HOME OF RECORD. WERE AMENDED TO SHOW HOME OF RECORD AS 30 HORTON AVENUE. AT THE TIME THE ACTIVE DUTY ORDERS WERE ISSUED AND YOUR WIFE TRAVELED TO SAN FRANCISCO. THAT YOU WERE ONLY ABLE TO COLLECT DEPENDENT TRAVEL ALLOWANCE FROM WAUWATOSA. IT WAS ADMINISTRATIVELY REPORTED BY HEADQUARTERS FIFTH UNITED STATES ARMY. YOUR CLAIM WAS THEREFORE DISALLOWED BY SETTLEMENT DATED NOVEMBER 6. IN YOUR PRESENT LETTER YOU STATE THAT YOU REPORTED THE CHANGE IN YOUR HOME OF RECORD TO HEADQUARTERS XIV CORPS IN JULY 1961 AND THAT COPIES OF CORRESPONDENCE FROM THAT HEADQUARTERS RELATIVE TO THE CHANGE WERE INCLUDED IN YOUR ORIGINAL CLAIM.

B-153059, FEB. 13, 1964

TO FIRST LIEUTENANT RICHARD W. CHRISTOPHERSON, TC:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1963, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF NOVEMBER 6, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL TRANSPORTATION ALLOWANCE FOR TRAVEL OF DEPENDENT (WIFE) INCIDENT TO ACTIVE DUTY ORDERS OF JANUARY 17, 1962.

BY LETTER ORDERS A-01-123, HEADQUARTERS FIFTH UNITED STATES ARMY, CHICAGO, ILLINOIS, DATED JANUARY 17, 1962, ADDRESSED TO YOU AT 6718 REVERE AVENUE, WAUWATOSA, WISCONSIN, YOU WERE ORDERED TO ACTIVE DUTY AND ASSIGNED TO U.S. ARMY GARRISON (6002), PRESIDIO OF SAN FRANCISCO, CALIFORNIA, WITH APPROXIMATELY 8 WEEKS OF TEMPORARY DUTY EN ROUTE AT THE U.S. ARMY TRANSPORTATION SCHOOL, FORT EUSTIS, VIRGINIA, REPORTING THERE NOT LATER THAN FEBRUARY 4, 1962. INCIDENT THERETO YOU CLAIMED AND WERE PAID IN APRIL 1962 FOR YOUR DEPENDENT'S TRAVEL FROM HOME OF RECORD, WAUWATOSA, WISCONSIN, TO PRESIDIO OF SAN FRANCISCO, CALIFORNIA. BY LETTER ORDERS A- 03-576, SAME HEADQUARTERS, DATED MARCH 8, 1963, WHICH PURPORTED TO CONFIRM VERBAL ORDERS OF JANUARY 17, 1962, YOUR ORDERS OF JANUARY 17, 1962, WERE AMENDED TO SHOW HOME OF RECORD AS 30 HORTON AVENUE, HAWTHORNE, NEW JERSEY, INSTEAD OF 6718 REVERE AVENUE, WAUWATOSA, WISCONSIN.

ON JUNE 19, 1963, YOU CLAIMED ADDITIONAL TRANSPORTATION ALLOWANCE FOR THE TRAVEL PERFORMED BY YOUR WIFE TO YOUR FIRST DUTY STATION, STATING THAT YOU HAD BEEN LIVING WITH YOUR WIFE IN HAWTHORNE, NEW JERSEY, AT THE TIME THE ACTIVE DUTY ORDERS WERE ISSUED AND YOUR WIFE TRAVELED TO SAN FRANCISCO, CALIFORNIA, FROM HAWTHORNE, NEW JERSEY, BUT THAT YOU WERE ONLY ABLE TO COLLECT DEPENDENT TRAVEL ALLOWANCE FROM WAUWATOSA, WISCONSIN. SINCE THE ORDERS HAD BEEN AMENDED TO SHOW YOUR HOME OF RECORD IN NEW JERSEY, YOU SUBMITTED YOUR APPLICATION FOR ADDITIONAL DEPENDENT TRANSPORTATION ALLOWANCE TO COVER THE FULL DISTANCE THAT YOUR WIFE ACTUALLY TRAVELED. HOWEVER, IN A COMMUNICATION DATED SEPTEMBER 20, 1963, IT WAS ADMINISTRATIVELY REPORTED BY HEADQUARTERS FIFTH UNITED STATES ARMY, CHICAGO, ILLINOIS, THAT IT HAD RECEIVED YOUR CHANGE OF ADDRESS NOTIFICATION ON FEBRUARY 28, 1963. YOUR CLAIM WAS THEREFORE DISALLOWED BY SETTLEMENT DATED NOVEMBER 6, 1963, FOR THE REASONS STATED THEREIN.

IN YOUR PRESENT LETTER YOU STATE THAT YOU REPORTED THE CHANGE IN YOUR HOME OF RECORD TO HEADQUARTERS XIV CORPS IN JULY 1961 AND THAT COPIES OF CORRESPONDENCE FROM THAT HEADQUARTERS RELATIVE TO THE CHANGE WERE INCLUDED IN YOUR ORIGINAL CLAIM. YOU STATE FURTHER THAT HEADQUARTERS FIFTH UNITED STATES ARMY EVIDENTLY WAS NOT NOTIFIED OF THE CHANGE BECAUSE THE ORDERS WERE ADDRESSED TO YOUR OLD HOME OF RECORD, WHICH WAS YOUR PARENT'S HOME, BUT THAT AT THAT TIME YOU WERE EMPLOYED AND LIVING WITH YOUR WIFE IN HAWTHORNE, NEW JERSEY. YOU CONTEND, THEREFORE, THAT FEBRUARY 28, 1963, WAS NOT THE DATE YOU CHANGED YOUR HOME OF RECORD, BUT WAS THE DATE YOUR ORIGINAL ORDERS WERE AMENDED AFTER HEADQUARTERS FIFTH UNITED STATES ARMY HAD BEEN NOTIFIED OF THE ERROR.

PARAGRAPH 1150-3 (A) OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES IN PERTINENT PART THAT THE TERM "HOME OF RECORD" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY AND THAT CHANGE OF SUCH RECORD AFTER ENTERING THE RELEVANT TOUR OF ACTIVE DUTY IS PERMISSIBLE ONLY TO CORRECT A BONA FIDE ERROR IN THE PLACE NAMED AT THE TIME OF CURRENT ENTRY INTO THE SERVICE WHICH WAS NOT IN FACT THE ACTUAL HOME. THIS IS ON THE BASIS THAT A PROPER REPORT OF A CHANGE IN HOME OF RECORD WAS RECEIVED BY THE ADMINISTRATIVE OFFICE PRIOR TO THE EFFECTIVE DATE OF ORDERS TO ACTIVE DUTY. PARAGRAPH 7053 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER IS CALLED TO ACTIVE DUTY AND IS FIRST ASSIGNED TO A TEMPORARY DUTY STATION AND IS SUBSEQUENTLY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, HE IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS AT GOVERNMENT EXPENSE FOR TRAVEL PERFORMED TO THE PERMANENT STATION, PROVIDED THAT ENTITLEMENT WILL NOT EXCEED THAT FROM HIS HOME OF RECORD OR THE PLACE FROM WHICH HE IS ORDERED TO ACTIVE DUTY TO HIS FIRST PERMANENT STATION.

IT LONG HAS BEEN HELD THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE THE RIGHT OF THE TRAVELER OR TO ALTER THE LIABILITY OF THE GOVERNMENT, EXCEPT WHERE THE ORDERS ARE AMBIGUOUS OR INCOMPLETE ON THEIR FACE OR WHERE A PROVISION WHICH WAS ORIGINALLY INTENDED TO BE INCLUDED IN THE ORDERS WAS OMITTED THROUGH ERROR OR INADVERTENCE. IN SUCH CASES THE ORDERS MAY BE CORRECTED OR COMPLETED TO SHOW THE ORIGINAL INTENT. 24 COMP. GEN. 439. ALTHOUGH YOU STATE THAT COPIES OF CORRESPONDENCE FROM HEADQUARTERS XIV CORPS INDICATING THEIR RECEIPT IN JULY 1961 OF THE CHANGE IN YOUR HOME OF RECORD WERE INCLUDED IN YOUR ORIGINAL CLAIM, THERE IS NO RECORD OF SUCH CORRESPONDENCE IN THE CURRENT FILES. ON THE CONTRARY, THE REPORT BY HEADQUARTERS FIFTH UNITED STATES ARMY, MADE SUBSEQUENT TO THE SUBMISSION OF YOUR CLAIM, INDICATES THAT THE NOTIFICATION OF CHANGE OF ADDRESS WAS FIRST RECEIVED AT THAT HEADQUARTERS ON FEBRUARY 28, 1963. ACCORDINGLY IT IS EVIDENT THAT THE ORDERS OF JANUARY 17, 1962, WERE WRITTEN IN ACCORDANCE WITH INFORMATION THEN AVAILABLE IN THE OFFICIAL RECORDS. IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THE ADMINISTRATIVE OFFICE WAS ADVISED OF YOUR CHANGE OF HOME OF RECORD TO A PLACE OTHER THAN WAUWATOSA, WISCONSIN, PRIOR TO THE TIME YOU WERE ORDERED TO ACTIVE DUTY, THEREBY INDICATING THAT A BONA FIDE ERROR WAS MADE IN RECORDING WAUWATOSA AS YOUR HOME OF RECORD IN THE ORDERS OF JANUARY 17, 1962, THE ORDERS OF MARCH 8, 1963, MAY NOT BE ACCEPTED AS RETROACTIVELY CORRECTING THE HOME OF RECORD.

ACCORDINGLY THE SETTLEMENT OF NOVEMBER 6, 1963, WAS CORRECT AND IS SUSTAINED.