B-159565, AUG. 4, 1966
Highlights
HARKINS: FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED MARCH 21. WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 1. YOUR PRESENT CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. YOUR NAME APPEARED ON THE SCHEDULE AND YOUR ADDRESS WAS SHOWN THEREON AS 1609 SO. YOU WERE ORDERED TO ACTIVE DUTY FROM 169 BELMONT AVENUE. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME. BUS OR AIR AND STATED THAT TRAVEL BY PRIVATELY OWNED VEHICLE WAS NOT PROHIBITED PROVIDED TRAVEL TIME DID NOT EXCEED THAT REQUIRED FOR TRAVEL BY GROUND COMMON CARRIER. YOU CONTACTED CAMP KILMER AND WERE ADVISED THAT ORDERS WOULD SOON BE ISSUED. YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL WAS DENIED BY THE DISBURSING OFFICER AT FITZSIMONS ARMY HOSPITAL FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO ISSUANCE OF ORDERS.
B-159565, AUG. 4, 1966
TO CAPTAIN ROBERT W. HARKINS:
FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED MARCH 21, 1966, FOR REIMBURSEMENT OF YOUR TRAVEL FROM JERSEY CITY, NEW JERSEY, TO DENVER, COLORADO, DURING THE PERIOD JUNE 27 TO JULY 3, 1959. SINCE YOUR CLAIM FOR SUCH TRAVEL, DATED JULY 9, 1959, WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 1, 1960, YOUR PRESENT CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.
ON MAY 29, 1959, THE ADJUTANT GENERAL REQUESTED THE COMMANDING GENERAL, XI U.S. ARMY CORPS (RESERVE) TO ORDER CERTAIN OFFICERS LISTED ON AN INCLOSED SCHEDULE TO ACTIVE DUTY FOR TRAINING FOR 60 DAYS TO PARTICIPATE IN THE ARMY CLINICAL CLERKSHIP TRAINING PROGRAM. YOUR NAME APPEARED ON THE SCHEDULE AND YOUR ADDRESS WAS SHOWN THEREON AS 1609 SO. GRAND BOULEVARD, ST. LOUIS, MISSOURI. BY LETTER ORDER USAR 3584, DATED JUNE 30, 1959, ISSUED BY HEADQUARTERS II U.S. ARMY CORPS (RESERVE), CAMP KILMER, NEW JERSEY, YOU WERE ORDERED TO ACTIVE DUTY FROM 169 BELMONT AVENUE, JERSEY CITY, NEW JERSEY, EFFECTIVE JULY 1, 1959, AND DIRECTED TO PROCEED ON THAT DATE TO FITZSIMONS ARMY HOSPITAL, DENVER, COLORADO, FOR TRAINING, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME. THE ORDERS AUTHORIZED TRAVEL BY RAILROAD, BUS OR AIR AND STATED THAT TRAVEL BY PRIVATELY OWNED VEHICLE WAS NOT PROHIBITED PROVIDED TRAVEL TIME DID NOT EXCEED THAT REQUIRED FOR TRAVEL BY GROUND COMMON CARRIER. WITHOUT AWAITING SUCH ORDERS, HOWEVER, YOU COMMENCED TRAVEL ON JUNE 27 AND COMPLETED IT ON JULY 3, 1959.
IT APPEARS FROM YOUR LETTER OF NOVEMBER 3, 1959, THAT YOU HAD BEEN INFORMED IN MAY BY THE SURGEON GENERAL'S OFFICE THAT YOU HAD BEEN ACCEPTED FOR THE TRAINING PROGRAM AND INSTRUCTED NOT TO BEGIN TRAVEL UNTIL YOU RECEIVED ORDERS. YOU STATED THAT ON JUNE 26, 1959, YOU CONTACTED CAMP KILMER AND WERE ADVISED THAT ORDERS WOULD SOON BE ISSUED. ALSO YOU SAID YOU DID NOT RECEIVE THE ORDERS UNTIL JULY 9, 1959, BUT COMMENCED THE TRAVEL FROM YOUR HOME ON JUNE 27.
YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL WAS DENIED BY THE DISBURSING OFFICER AT FITZSIMONS ARMY HOSPITAL FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO ISSUANCE OF ORDERS, AND WAS DISALLOWED BY THE SETTLEMENT OF THIS OFFICE MENTIONED ABOVE FOR THE REASON THAT PARAGRAPH M3000-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED WHEN THE TRAVEL IS PERFORMED IN ANTICIPATION OF OR PRIOR TO RECEIPT OF ORDERS.
YOUR PRESENT CLAIM IS BASED ON LETTER ORDER USAR T-11-7621 OF NOVEMBER 7, 1961. THAT ORDER PURPORTEDLY CONFIRMED VERBAL ORDERS OF THE COMMANDING GENERAL OF JUNE 28, 1959, WHICH AMENDED LETTER ORDER USAR 3584 OF JUNE 30, 1959, TO SHOW THE DATE OF ENTRY ON ACTIVE DUTY AS JUNE 28, 1959, INSTEAD OF JULY 1, 1959. WE DO NOT UNDERSTAND, HOWEVER, HOW VERBAL ORDERS COULD HAVE BEEN ISSUED ON JUNE 28 TO AMEND THE WRITTEN ORDER OF JUNE 30 WHEN THE LATTER ORDER HAD NOT THEN BEEN ISSUED. THEREFORE, AND SINCE THE ORDER OF NOVEMBER 7, 1961, WAS ISSUED MORE THAN 2 YEARS AFTER THE TRAVEL WAS PERFORMED IT MAY NOT BE ACCEPTED AS AUTHORITY FOR PAYMENT OF TRAVEL PERFORMED PRIOR TO ORDERS. IT MAY BE POINTED OUT, HOWEVER, THAT EVEN IF THE ORDER OF NOVEMBER 7, 1961, SHOULD BE ACCEPTED AS PLACING YOU ON ACTIVE DUTY ON JUNE 28, 1959, AS INTENDED, YOU HAD DEPARTED YOUR HOME WITHOUT ORDERS PRIOR TO THAT DATE.
APPARENTLY YOUR EARLY DEPARTURE WAS TO ALLOW ADDITIONAL TIME FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE. HOWEVER, UNDER THE REGULATIONS YOU WERE REQUIRED TO AWAIT THE ISSUANCE OF ORDERS, AND UNDER THE ORDERS YOU WERE PERMITTED TO USE YOUR AUTOMOBILE ONLY IF THE TRAVEL TIME DID NOT EXCEED THAT REQUIRED BY GROUND COMMON CARRIER. THE ORDER ISSUED ON JUNE 30, 1959, AT CAMP KILMER, NEW JERSEY, PRESUMABLY WOULD HAVE REACHED YOU AT JERSEY CITY, NEW JERSEY, ON JULY 1, 1959, THE DATE ON WHICH YOUR ACTIVE DUTY BEGAN. APPARENTLY IT WAS FORWARDED TO YOU AT FITZSIMONS ARMY HOSPITAL AND WAS RECEIVED BY YOU THERE ON JULY 9, 1959. SINCE SUCH DELAYED RECEIPT OF THE ORDER RESULTED FROM YOUR EARLY DEPARTURE PRIOR TO ORDERS IT AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM.
ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 1, 1960, WAS CORRECT AND IS SUSTAINED.