B-157913, NOV. 23, 1965

B-157913: Nov 23, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ROMANO: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9. YOU WERE RELEASED FROM ACTIVE DUTY AT FORT HAMILTON. THE ORDERS STATED THAT YOUR HOME OF RECORD IS PELHAM MANOR. THAT YOU WERE ORDERED TO ACTIVE DUTY FROM PELHAM MANOR. YOU WERE PAID FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS NOT TO EXCEED THE DISTANCE FROM NEW YORK. WERE AMENDED TO SHOW ALBANY. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT A REPORT FROM THE ADJUTANT GENERAL'S OFFICE. THIS INFORMATION WAS FURNISHED BY THE ADJUTANT GENERAL'S OFFICE IN RESPONSE TO A REQUEST BY THE FINANCE CENTER DATED APRIL 26. IN YOUR PRESENT LETTER YOU CONTEND THAT THE RECORDS OF THE ADJUTANT GENERAL'S OFFICE ARE IN ERROR. THAT YOUR PLACE OF ENTRY ON ACTIVE DUTY WAS ALBANY.

B-157913, NOV. 23, 1965

TO CAPTAIN PAUL E. ROMANO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 9, 1965, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 8, 1965, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE AND PAY FOR PERSONAL TRAVEL AND REIMBURSEMENT FOR DEPENDENT'S TRAVEL INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY.

YOU WERE RELEASED FROM ACTIVE DUTY AT FORT HAMILTON, NEW YORK, BY PARAGRAPH 41, SPECIAL ORDERS NO. 148, DATED MAY 27, 1964. THE ORDERS STATED THAT YOUR HOME OF RECORD IS PELHAM MANOR, NEW YORK, AND THAT YOU WERE ORDERED TO ACTIVE DUTY FROM PELHAM MANOR, NEW YORK. UPON YOUR RELEASE YOU AND YOUR DEPENDENTS TRAVELLED FROM NEW YORK, NEW YORK, TO BETHESDA, MARYLAND, AND YOU WERE PAID FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS NOT TO EXCEED THE DISTANCE FROM NEW YORK, NEW YORK, TO PELHAM MANOR, NEW YORK. SUBSEQUENTLY, BY PARAGRAPH 12, SPECIAL ORDERS NO. 203, DATED JULY 21, 1964, THE ORDERS OF MAY 27, 1964, WERE AMENDED TO SHOW ALBANY, NEW YORK, AS THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. ON THE BASIS OF SUCH AMENDMENT YOU CLAIMED ADDITIONAL TRAVEL ALLOWANCES FOR YOURSELF AND DEPENDENTS NOT TO EXCEED THE DISTANCE FROM NEW YORK, NEW YORK, TO ALBANY, NEW YORK. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT A REPORT FROM THE ADJUTANT GENERAL'S OFFICE, ST. LOUIS, MISSOURI, SHOWS BOTH YOUR HOME OF RECORD AT TIME OF ENTRY AND PLACE OF ENTRY INTO THE SERVICE AS PELHAM MANOR, NEW YORK. THIS INFORMATION WAS FURNISHED BY THE ADJUTANT GENERAL'S OFFICE IN RESPONSE TO A REQUEST BY THE FINANCE CENTER DATED APRIL 26, 1965. IN YOUR PRESENT LETTER YOU CONTEND THAT THE RECORDS OF THE ADJUTANT GENERAL'S OFFICE ARE IN ERROR; THAT YOUR PLACE OF ENTRY ON ACTIVE DUTY WAS ALBANY, NEW YORK, AND THAT YOU CAN FURNISH COPIES OF YOUR ORDERS TO ACTIVE DUTY AND SUBSEQUENT MOVEMENT ORDERS TO PROVE THIS.

THE TRANSPORTATION AND TRAVEL ALLOWANCES OF MEMBERS OF THE ARMED SERVICES AND THEIR DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING THE CHANGE FROM LAST STATION TO HOME ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO 37 U.S.C. 404 AND 406. PARAGRAPH M7009 OF THE REGULATIONS PROVIDES THAT UPON THE MEMBER'S RELEASE FROM ACTIVE DUTY HE IS ENTITLED TO TRANSPORTATION OR REIMBURSEMENT FOR TRAVEL PERFORMED BY QUALIFIED DEPENDENTS FROM LAST STATION TO PLACE OF RESIDENCE NOT TO EXCEED TO THE PLACE SELECTED BY THE MEMBER FOR HIS TRAVEL ALLOWANCE UNDER PARAGRAPH M4157 OF THE REGULATIONS. PARAGRAPH M4157 PROVIDES FOR TRAVEL ALLOWANCE FOR THE MEMBER FROM LAST STATION TO HOME OF RECORD OR PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, AS HE MAY ELECT. PARAGRAPH M1150-3A OF THE REGULATIONS PROVIDES THAT THE TERM "HOME OF RECORD" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, ENLISTED, REENLISTED, INDUCTED, OR ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY AND THAT TRAVEL AND TRANSPORTATION ALLOWANCES WILL BE BASED ON THE OFFICIALLY CORRECTED RECORDING IN THOSE INSTANCES WHEN, THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY WAS NOT IN FACT THE ACTUAL HOME. WHILE THAT REGULATION RELATES TO HOME OF RECORD, A SIMILAR RULE IS FOR APPLICATION WITH RESPECT TO THE PLACE RECORDED AS PLACE OF ENTRY ON ACTIVE DUTY OR FROM WHICH ORDERED TO ACTIVE DUTY. FURTHER IT LONG HAS BEEN THE RULE THAT IN CASE OF DISPUTE BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICE AS TO THE FACTS, WE WILL ACCEPT THE ADMINISTRATIVE REPORT IN THE ABSENCE OF EVIDENCE ESTABLISHING IT TO BE ERRONEOUS.

IN VIEW OF THE REPORT FROM THE ADJUTANT GENERAL'S OFFICE THAT YOU ENTERED ACTIVE DUTY AT PELHAM MANOR, NEW YORK, AND IN THE ABSENCE OF EVIDENCE ESTABLISHING SUCH REPORT TO BE ERRONEOUS WE HAVE NO ALTERNATIVE BUT TO ACCEPT SUCH REPORT AS CORRECT.

MOREOVER, IT IS WELL ESTABLISHED THAT TRAVEL AND TRANSPORTATION RIGHTS BECOME FIXED WHEN ORDERS ARE ISSUED AND TRAVEL THEREUNDER IS PERFORMED, AND THAT EXCEPT TO CORRECT AN OBVIOUS ERROR ORDERS MAY NOT BE AMENDED RETROACTIVELY TO INCREASE OR DECREASE THE GOVERNMENT'S OBLIGATION. COMP. GEN. 713; 24 ID. 439. SINCE THE AMENDATORY ORDERS OF JULY 21, 1964, WERE ISSUED AFTER THE TRAVEL WAS PERFORMED AND IT IS NOW SHOWN THAT THEY CORRECTED AN OBVIOUS ERROR THEY MAY NOT BE ACCEPTED AS ESTABLISHING THAT YOU WERE ORDERED TO ACTIVE DUTY FROM ALBANY, NEW YORK.

ACCORDINGLY, ON THE PRESENT RECORD THE SETTLEMENT OF JULY 8, 1965, WAS CORRECT AND IS SUSTAINED. HOWEVER, THE MATTER WILL BE GIVEN FURTHER CONSIDERATION IF YOU ARE ABLE TO FURNISH A COPY OF YOUR ORDERS TO THE PERTINENT TOUR OF ACTIVE DUTY SHOWING THAT YOU WERE ORDERED TO ACTIVE DUTY FROM ALBANY, NEW YORK.