B-165197, MAY 22, 1969

B-165197: May 22, 1969

Additional Materials:

Contact:

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

 

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

BARTELS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME. OR AIR) WAS AUTHORIZED. EIGHT OTHER RESERVISTS WERE NAMED IN THE ORDER. YOU WERE INFORMED YOUR UNIT WAS NOT AT THAT STATION AND ADVISED TO PROCEED TO CAMP ROBERTS AND JOIN YOUR UNIT THERE. YOU SAID YOU WENT ON TO CAMP ROBERTS ONLY TO FIND THAT THE 63D DIVISION ARTILLERY WAS NOT THERE EITHER. YOUR LETTER WAS REFERRED TO U.S. ARMY ADVISED THE FINANCE CENTER THAT THERE WERE NO RETAINED RECORDS AT THAT HEADQUARTERS TO FURNISH INFORMATION TO CONFIRM OR DENY THE STATEMENTS IN YOUR LETTER OR TO DETERMINE WHETHER THE ORDER OF JUNE 13. THE FINANCE CENTER DENIED YOUR CLAIM FOR THE REASON THAT BECAUSE OF THE LAPSE OF TIME SINCE THE TRAVEL WAS PERFORMED INFORMATION NECESSARY TO CONFIRM OR DENY THE STATEMENTS IN YOUR CLAIM COULD NOT BE OBTAINED.

B-165197, MAY 22, 1969

TO MR. STUART A. BARTELS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16, 1968, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 30, 1968, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCES FOR TRAVEL ON JULY 25 AND 26, 1964, INCIDENT TO LETTER ORDER NO. 2153, DATED JUNE 13, 1964.

THAT ORDER, ISSUED BY HEADQUARTERS, XV UNITED STATES ARMY CORPS, PRESIDIO OF SAN FRANCISCO, CALIFORNIA, DIRECTED YOU TO PROCEED FROM YOUR HOME, BANNING, CALIFORNIA, AND REPORT ON JULY 25, 1964, TO POSTHEADQUARTERS, S3 SECTION, HUNTER LIGGETT MILITARY RESERVATION, CALIFORNIA, FOR 14 DAYS' ACTIVE DUTY FOR TRAINING, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR HOME. THE ORDER ATTACHED YOU TO 63D DIVISION ARTILLERY (63D INFANTRY DIVISION) TRAINING AT HUNTER LIGGETT MILITARY RESERVATION, CALIFORNIA, AND ASSIGNED YOU TO XV U.S. ARMY CORPS CONTROL GROUP, PRESIDIO OF SAN FRANCISCO. TRAVEL BY PUBLIC CARRIER (LAND, SEA, OR AIR) WAS AUTHORIZED. EIGHT OTHER RESERVISTS WERE NAMED IN THE ORDER.

BY LETTER OF OCTOBER 3, 1967, YOU ADVISED THE DEPUTY FOR RESERVE AFFAIRS, HEADQUARTERS, SIXTH U.S. ARMY, THAT PURSUANT TO THE ABOVE MENTIONED ORDER YOU TRAVELED FROM YOUR HOME OF RECORD, 659 WEST LIVINGSTON, BANNING, CALIFORNIA, TO HUNTER LIGGETT MILITARY RESERVATION ON JULY 25, 1964. YOU SAID THAT ON REPORTING TO POST HEADQUARTERS S3 SECTION, YOU WERE INFORMED YOUR UNIT WAS NOT AT THAT STATION AND ADVISED TO PROCEED TO CAMP ROBERTS AND JOIN YOUR UNIT THERE. YOU SAID YOU WENT ON TO CAMP ROBERTS ONLY TO FIND THAT THE 63D DIVISION ARTILLERY WAS NOT THERE EITHER, SO YOU REMAINED IN TOWN OVERNIGHT AND RETURNED TO BANNING THE NEXT DAY. YOUR ITINERARY SHOWS THAT YOU LEFT HUNTER LIGGETT AT 4 P.M. ON JULY 25 AND ARRIVED AT CAMP ROBERTS AFTER NORMAL BUSINESS HOURS AT 7 P.M. OF THAT DAY. ALSO, YOU SAID THAT UPON RETURNING HOME YOU WROTE TO XV ARMY CORPS CONTROL GROUP EXPLAINING THESE CIRCUMSTANCES BUT DID NOT RECEIVE A REPLY.

YOUR LETTER WAS REFERRED TO U.S. ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, AND BY LETTER OF DECEMBER 29, 1967, THE FINANCE CENTER REQUESTED A REPORT FROM HEADQUARTERS, XV U.S. ARMY CORPS. BY 1ST IND. OF JANUARY 17, 1968, HEADQUARTERS SIXTH U.S. ARMY ADVISED THE FINANCE CENTER THAT THERE WERE NO RETAINED RECORDS AT THAT HEADQUARTERS TO FURNISH INFORMATION TO CONFIRM OR DENY THE STATEMENTS IN YOUR LETTER OR TO DETERMINE WHETHER THE ORDER OF JUNE 13, 1964, HAD BEEN AMENDED OR REVOKED.

BY LETTER OF FEBRUARY 7, 1968, THE FINANCE CENTER DENIED YOUR CLAIM FOR THE REASON THAT BECAUSE OF THE LAPSE OF TIME SINCE THE TRAVEL WAS PERFORMED INFORMATION NECESSARY TO CONFIRM OR DENY THE STATEMENTS IN YOUR CLAIM COULD NOT BE OBTAINED.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF JULY 30, 1968, FOR THE SAME REASON. ALSO, IT WAS STATED THAT INFORMATION WAS NOT AVAILABLE TO DETERMINE WHETHER YOUR ORDERS HAD BEEN AMENDED OR REVOKED. IT FURTHER WAS STATED THAT NO RECEIPTS OR EVIDENCE FROM ANY OFFICIAL SOURCE HAVE BEEN FURNISHED TO SHOW THAT THE TRAVEL WAS PERFORMED OR THAT YOU INCURRED EXPENSES FOR RATIONS, LODGINGS, AND TRANSPORTATION.

IN YOUR PRESENT LETTER YOU REITERATE THAT YOU PERFORMED THE TRAVEL, THAT YOU REMAINED OVERNIGHT IN COMMERCIAL LODGING, AND SAY THAT YOU WOULD NOT HAVE DONE SO HAD THE ORDER BEEN AMENDED OR REVOKED. AS TO THE REASON FOR THE LAPSE OF TIME, YOU SAY YOU WROTE TO BOTH THE XV ARMY CORPS CONTROL GROUP AND THE DEPUTY FOR RESERVE AFFAIRS, HEADQUARTERS SIXTH ARMY, BUT THAT YOUR LETTERS WERE UNANSWERED. ALSO, YOU SAY YOU CANNOT NOW RECALL WHETHER YOU FORWARDED RECEIPTS IN YOUR LETTER TO XV ARMY CORPS CONTROL GROUP.

AS STATED IN OFFICE LETTER TO YOU OF OCTOBER 2, 1968, UPON CONSIDERATION OF YOUR LETTER OF AUGUST 16, 1968, WE REQUESTED ADDITIONAL INFORMATION FROM THE DEPARTMENT OF THE ARMY TO ASSIST US IN RESOLVING YOUR CLAIM.

BY LETTER OF APRIL 11, 1969, THE OFFICE OF THE COMPTROLLER OF THE ARMY ADVISED US THAT A REVIEW OF AVAILABLE RECORDS DISCLOSED THE FOLLOWING:

"A. THE 63D DIVISION ARTILLERY PERFORMED TRAINING AT HUNTER LIGGETT MILITARY RESERVATION DURING THE PERIOD 25 JULY TO 8 AUGUST 1964, WHEREAS THE 63D INFANTRY DIVISION WAS HEADQUARTERED AT CAMP ROBERTS DURING THE PERIOD. HUNTER LIGGETT MILITARY RESERVATION IS LOCATED NEAR CAMP ROBERTS ALTHOUGH THE HIGHWAY DISTANCE BETWEEN MAIN GATES IS 30 MILES. INDIVIDUAL RESERVISTS (CONTROL GROUP PERSONNEL) ARE REQUIRED TO REPORT TO CAMP ROBERTS FOR PROCESSING WHETHER THEIR DUTY IS TO BE PERFORMED AT HUNTER LIGGETT MILITARY RESERVATION OR CAMP ROBERTS.

"B. NO RECORD OF ACTIVE DUTY FOR TRAINING IN 1964 FOR THE MEMBER CAN BE LOCATED. CONSEQUENTLY, THERE IS NO EVIDENCE THAT RETIREMENT POINTS WERE CREDITED TO THE MEMBER DURING 1964. "INFORMATION CONCERNING THE MEMBER'S TRAVEL IS NOT AVAILABLE. THE 63D INFANTRY DIVISION WAS DEACTIVATED IN DECEMBER 1965 AND RECORDS RELATING TO INDIVIDUALS WHO WERE ATTACHED TO THE DIVISION FOR TRAINING ARE NOT AVAILABLE. ALSO, THE ORDER ISSUING AUTHORITY, XV U.S. ARMY CORPS, HAS BEEN DISBANDED AND ITS FUNCTIONS TRANSFERRED TO SIXTH U.S. ARMY AND THE U.S. ARMY ADMINISTRATION CENTER IN ST. LOUIS, MISSOURI. THE RECORDS PERTAINING TO THE MEMBER THAT HAVE BEEN TRANSFERRED TO THE ADMINISTRATION CENTER ARE INCOMPLETE. "LETTER ORDER ADT 3672, 26 OCTOBER 1964, WHICH REVOKED THE MEMBER'S ACTIVE DUTY FOR TRAINING ORDER AS AMENDED, WAS ISSUED AS THE RESULT OF INFORMATION FURNISHED BY THE 63D INFANTRY DIVISION TO XV U.S. ARMY CORPS THAT THE MEMBER DID NOT PERFORM THE 14 DAYS' DUTY AS ORDERED. THIS CONCLUSION IS SUPPORTED BY THE MEMBER'S CLAIM.'

AS SHOWN BY THE ABOVE-QUOTED LETTER, THERE ARE NO RECORDS TO ESTABLISH THAT YOU PERFORMED THE TRAVEL COVERED BY YOUR CLAIM AND, AS STATED BY YOU, YOU DID NOT PERFORM THE TRAINING DUTY REQUIRED BY THE ORDER OF JUNE 13, 1964.

WITH THE ABOVE-QUOTED LETTER WE ALSO RECEIVED A COPY OF LETTER ORDER NO. ADT 2458, ISSUED ON JUNE 27, 1964, BY HEADQUARTERS, XV UNITED STATES ARMY CORPS. THAT ORDER AMENDED LETTER ORDER NO. 2153 OF JUNE 13, 1964, TO REQUIRE YOU AND THE OTHER EIGHT RESERVISTS TO REPORT TO THE ADMINISTRATION PROCESSING CENTER BUILDING, 6311 CAMP ROBERTS, CALIFORNIA, INSTEAD OF TO POST HEADQUARTERS S3 SECTION, HUNTER LIGGETT MILITARY RESERVATION, CALIFORNIA. THE RECORD SHOWS THAT TEN COPIES OF THAT ORDER WERE MAILED TO YOUR HOME OF RECORD IN BANNING, CALIFORNIA.

SECTION 404 (A) OF TITLE 37, U.S. CODE, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. PARAGRAPH M6001 OF THE JOINT TRAVEL REGULATIONS (CH. 133, JANUARY 1, 1964) PROMULGATED PURSUANT TO THAT STATUTORY AUTHORITY PROVIDES THAT UPON CALL (OR ORDER) TO OR RELIEF FROM ACTIVE DUTY FOR TRAINING WITH PAY, MEMBERS OF THE RESERVE COMPONENTS WILL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS PRESCRIBED IN THOSE REGULATIONS.

IT LONG HAS BEEN CONSIDERED, HOWEVER, THAT A LEGAL RIGHT TO SUCH ALLOWANCES ACCRUES TO AND VESTS IN A MEMBER ONLY WHEN TRAVEL AS DIRECTED UNDER ORDERS IS COMPLETED IN ACCORDANCE WITH THE REQUIREMENTS OF THE ORDERS. SEE KATZER V UNITED STATES, 52 CT. CL. 32.

IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT THE AMENDING ORDERS OF JUNE 27, 1964, WERE DELIVERED TO YOUR HOME ADDRESS WELL IN ADVANCE OF THE DATE YOU WERE REQUIRED TO PROCEED TO YOUR ASSIGNED DUTY STATION. SINCE THE ORDER OF JUNE 13, 1964, AS SO AMENDED, REQUIRED YOU TO REPORT TO A PARTICULAR PLACE AT CAMP ROBERTS FOR THE PURPOSE OF ACTIVE DUTY TRAINING WITH YOUR UNIT AND SINCE YOU DID NOT DO SO, YOU DID NOT COMPLETE THE TRAVEL REQUIRED BY YOUR ORDERS. THEREFORE, EVEN IF IT NOW COULD BE ESTABLISHED THAT YOU TRAVELED FROM BANNING TO CAMP ROBERTS AND RETURN, SUCH TRAVEL MAY NOT BE ACCEPTED AS HAVING BEEN PERFORMED UNDER ORDERS. FURTHER, ANY ERRONEOUS ADVICE YOU MAY HAVE RECEIVED FROM PERSONNEL AT CAMP ROBERTS AS TO THE LOCATION OF YOUR UNIT WOULD NOT AFFORD A BASIS FOR PAYMENT OF TRAVEL ALLOWANCES. IT WAS YOUR RESPONSIBILITY TO REPORT AT THE PLACE NAMED IN YOUR ORDERS IN ORDER TO COMPLETE THE REQUIRED TRAVEL.

ACCORDINGLY, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF JULY 30, 1968, IS SUSTAINED.