B-156140, MAR. 23, 1965

B-156140: Mar 23, 1965

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WEINHAGEN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1. THE ORDERS WERE ADDRESSED TO YOU AT YOUR HOME OF RECORD. APPARENTLY WERE RECEIVED BY YOU AT BROOKFIELD. THE ORDERS WERE AMENDED BY PARAGRAPH 51. THAT AMENDMENT WAS CANCELLED BY PARAGRAPH 50. THE BASIC ORDERS WERE AGAIN AMENDED BY PARAGRAPH 51 OF SUCH ORDERS TO SHOW YOUR CURRENT LOCATION FROM JUNE 22 TO 30. WERE PAID MILEAGE ON THE BASIS OF THE DISTANCE FROM FORT COLLINS. SINCE YOUR ACTUAL TRAVEL INCIDENT TO THE ORDERS WAS FROM HARTLAND. YOUR CLAIM FOR ADDITIONAL MILEAGE WAS DISALLOWED BY THE SETTLEMENT IN WHICH IT WAS POINTED OUT THAT PARAGRAPH 4156. PROVIDES THAT WHEN ORDERS TO ACTIVE DUTY ARE RECEIVED AT A PLACE OTHER THAN THAT TO WHICH ADDRESSED.

B-156140, MAR. 23, 1965

TO MR. FREDERICK B. WEINHAGEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1965, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 27, 1965, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL PERFORMED TO AND FROM CAMP GUERNSEY, WYOMING, INCIDENT TO ORDERS TO ACTIVE DUTY FOR TRAINING.

PARAGRAPH 52, SPECIAL ORDERS (USAR) NO. 122, ISSUED BY HEADQUARTERS, XVI UNITED STATES ARMY CORPS, OMAHA, NEBRASKA, ON JUNE 22, 1964, ORDERED YOU TO 14 DAYS' ACTIVE DUTY FOR TRAINING AND REQUIRED YOU TO REPORT AT CAMP GUERNSEY, WYOMING, ON AUGUST 16, 1964. THE ORDERS WERE ADDRESSED TO YOU AT YOUR HOME OF RECORD, FORT COLLINS, COLORADO, AND APPARENTLY WERE RECEIVED BY YOU AT BROOKFIELD, ILLINOIS. THE ORDERS WERE AMENDED BY PARAGRAPH 51, SPECIAL ORDERS (USAR) NO. 219, DATED NOVEMBER 6, 1964, PURPORTING TO CONFIRM VERBAL ORDERS OF THE COMMANDING GENERAL OF JUNE 22, 1964, TO SHOW YOUR CURRENT LOCATION AS HARTLAND, WISCONSIN. THAT AMENDMENT WAS CANCELLED BY PARAGRAPH 50, SPECIAL ORDERS (USAR) NO. 228, DATED NOVEMBER 20, 1964, AND THE BASIC ORDERS WERE AGAIN AMENDED BY PARAGRAPH 51 OF SUCH ORDERS TO SHOW YOUR CURRENT LOCATION FROM JUNE 22 TO 30, 1964, AS BROOMFIELD (BROOKFIELD), AND FROM JULY 16, 1964, TO "INDEF.' AS ROUTE 2, BOX 358, HARTLAND, WISCONSIN.

YOU PERFORMED THE TRAVEL INCIDENT TO THE ORDERS DURING THE PERIOD AUGUST 15 TO 29, 1964, AND WERE PAID MILEAGE ON THE BASIS OF THE DISTANCE FROM FORT COLLINS, COLORADO, TO CAMP GUERNSEY, WYOMING, AND RETURN. SINCE YOUR ACTUAL TRAVEL INCIDENT TO THE ORDERS WAS FROM HARTLAND, WISCONSIN, TO CAMP GUERNSEY, WYOMING, AND RETURN, YOU CLAIMED ADDITIONAL MILEAGE. YOUR CLAIM FOR ADDITIONAL MILEAGE WAS DISALLOWED BY THE SETTLEMENT IN WHICH IT WAS POINTED OUT THAT PARAGRAPH 4156, CASE 1, OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN ORDERS TO ACTIVE DUTY ARE RECEIVED AT A PLACE OTHER THAN THAT TO WHICH ADDRESSED, TRAVEL ALLOWANCES ARE AUTHORIZED FROM THE PLACE OF RECEIPT OF ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE PLACE TO WHICH ADDRESSED, AND THAT PARAGRAPH 4157-2 OF THE SAME REGULATIONS PROVIDES THAT A MEMBER OF THE RESERVE COMPONENTS WHO IS ORDERED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR A PERIOD OF LESS THAN 1 YEAR WILL BE ENTITLED TO MILEAGE UPON RELIEF FROM ACTIVE DUTY TO THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY.

IN YOUR PRESENT LETTER YOU SAY YOU MOVED FROM COLORADO FOLLOWING YOUR GRADUATION FROM COLLEGE AND WERE AT THE BROOKFIELD, ILLINOIS, ADDRESS BY JUNE 18, BEFORE THE ORDERS TO ACTIVE DUTY WERE ISSUED. YOU SAY YOU LIVED AT THE BROOKFIELD RESIDENCE FOR ABOUT 2 1/2 MONTHS, AND FOR THE PURPOSE OF SHOWING THAT YOU NOTIFIED HEADQUARTERS XVI UNITED STATES ARMY, OMAHA, NEBRASKA, OF YOUR BROOKFIELD RESIDENCE, YOU HAVE FURNISHED A COPY OF A LETTER DATED JULY 21, 1964, FROM THAT HEADQUARTERS ADDRESSED TO YOU AT BROOKFIELD, ACKNOWLEDGING A LETTER FROM YOU DATED JULY 16, 1964, PRESUMABLY MAILED FROM BROOKFIELD, AND AUTHORIZING YOU TO USE YOUR OWN AUTOMOBILE PROVIDED IT WOULD NOT DELAY YOUR REPORTING DATE. YOU DID NOT REVEAL THE CONTENTS OF YOUR LETTER OF JULY 16, 1964, AND WHETHER IT CONTAINED NOTICE OF A CHANGE OF ADDRESS. THE RECORD ALSO CONTAINS A COPY OF A LETTER DATED SEPTEMBER 9, 1964, FROM YOU TO XVI UNITED STATES ARMY CORPS IN WHICH YOU REFERRED TO FORT COLLINS, COLORADO, AS YOUR "OLD ADDRESS; " STATED YOU HAD BEEN LIVING AT ROUTE 2, BOX 358, HARTLAND, WISCONSIN, SINCE JULY 1, 1964, AND THAT YOUR TEMPORARY ADDRESS UNTIL THE END OF JUNE WAS BROOKFIELD, ILLINOIS.

PARAGRAPH 3, ARMY REGULATIONS 135-36, DATED MARCH 1, 1963, PROVIDES THAT EACH MEMBER OF THE UNITED STATES ARMY RESERVE WILL BE REQUIRED TO FURNISH HIS PERMANENT HOME ADDRESS (HOME OF ECORD); HIS NEW HOME OF RECORD WHEN IN FACT IT HAS CHANGED, AND HIS TEMPORARY ADDRESS, IF AWAY FROM HIS PERMANENT HOME OF RECORD FOR MORE THAN 1 MONTH. THE REGULATION CONTEMPLATES THAT CHANGE OF ADDRESS BE FURNISHED PROMPTLY SO THAT MILITARY ORDERS MAY BE ADDRESSED TO THE MEMBER'S CURRENT RESIDENCE. ACTIVE DUTY ORDERS ADDRESSED TO A RESERVIST AT HIS CURRENT ADDRESS, AS REFLECTED IN THE OFFICIAL RECORDS, BASED UPON HIS OWN REPRESENTATIONS UNDER THE REQUIREMENTS OF THOSE REGULATIONS, ESTABLISH THE BASIS FOR PAYMENT TO HIM OF TRAVEL ALLOWANCES UNDER PARAGRAPH 4156, CASE 1, JOINT TRAVEL REGULATIONS, AS FOR TRAVEL FROM THE PLACE OF RECEIPT OF ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE PLACE TO WHICH ADDRESSED, REGARDLESS OF WHERE RECEIVED.

THE ORDERS OF JUNE 22, 1964, WERE ADDRESSED TO YOUR HOME OF RECORD, FORT COLLINS, COLORADO, AND INDICATE THAT YOU HAD NOT AT THE TIME OF THEIR ISSUANCE REPORTED A TEMPORARY ADDRESS AWAY FROM THERE. WHILE YOU SAY THAT YOU HAD MOVED FROM THAT ADDRESS UPON YOUR GRADUATION AND WERE AT BROOKFIELD BY JUNE 18, 1964, AND HAD ADVISED YOUR CORPS AREA HEADQUARTERS AT OMAHA OF YOUR PRESENCE THERE, THE ADJUTANT GENERAL AT THAT HEADQUARTERS, IN A COMMUNICATION DATED NOVEMBER 20, 1964, CONCERNING YOUR CLAIM, STATED "THIS HEADQUARTERS WAS NOT AWARE OF ANY ADDRESS CHANGE ON THE PART OF THE RESERVIST, NOTWITHSTANDING THE FACT THAT IN HIS LETTER HE STATES HE INFORMED THIS HEADQUARTERS. OBVIOUSLY, HAD THIS HEADQUARTERS BEEN INFORMED OF OUT OF CORPS CHANGE OF ADDRESS, WE WOULD IMMEDIATELY HAVE TRANSFERRED THIS RESERVIST TO THE CORPS OF HIS RESIDENCE.' IN VIEW OF THAT STATEMENT, AND IN THE ABSENCE OF EVIDENCE THAT YOU HAD IN FACT REPORTED A CHANGE OF ADDRESS PRIOR TO ENTERING UPON ACTIVE DUTY, AS REQUIRED BY ARMY REGULATIONS 135-36, IT MUST BE CONSIDERED THAT THE OFFICIAL RECORDS AT THE TIME THE ORDERS OF JUNE 22, 1964, WERE ISSUED SHOWED ONLY A HOME OF RECORD AT FORT COLLINS WITHOUT INDICATION OF A CHANGE OF ADDRESS, EITHER TEMPORARY OR PERMANENT, AND THAT SUCH RECORDS WERE NOT CHANGED PRIOR TO THE COMPLETION OF THE ASSIGNED ACTIVE DUTY FOR TRAINING TO REFLECT THE EXISTENCE OF OTHER CIRCUMSTANCES.

IT LONG HAS BEEN THE RULE THAT TRAVEL ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE ACCRUED OR BECOME FIXED WHEN TRAVEL HAS ALREADY BEEN PERFORMED EXCEPT WHEN SUCH MODIFICATIONS ARE MADE IN ORDER TO CORRECT AN ADMINISTRATIVE ERROR OR TO COMPLETE ORDERS TO SHOW THE ORIGINAL INTENT. 23 COMP. GEN. 713, 24 ID. 439. IN THE PRESENT CASE, YOUR ORDERS TO ACTIVE DUTY WERE CORRECT ON THE BASIS OF THE OFFICIAL INFORMATION OF RECORD WHEN THEY WERE ISSUED. THEY WERE NOT MODIFIED TO SHOW A CHANGE OF YOUR ADDRESS TO EITHER BROOKFIELD, ILLINOIS, OR HARTLAND, WISCONSIN, UNTIL AFTER THE TRAVEL HAD BEEN COMPLETED. IN THE CIRCUMSTANCES, THERE WAS NO AUTHORITY TO AMEND YOUR ORDERS RETROACTIVELY TO INCREASE YOUR TRAVEL RIGHTS FOR TRAVEL ALREADY PERFORMED.