B-142443, MAY 4, 1960

B-142443, MAY 4, 1960

TO CAPTAIN HARRY WOGALTER:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 17, 1960, CONCERNING YOUR CLAIM FOR ADDITIONAL TRAVEL ALLOWANCE FROM LEVITTOWN, NEW YORK, TO FORT CARSON, COLORADO, AND THENCE TO FORT SAM HOUSTON, TEXAS.

BY LETTER ORDERS 7M-68, DATED JULY 15, 1959, HEADQUARTERS, FIRST UNITED STATES ARMY, GOVERNORS ISLAND, NEW YORK 4, NEW YORK, YOU WERE ORDERED TO ACTIVE DUTY AND ASSIGNED TO THE STUDENT DETACHMENT, AMEDS SCHOOL, BROOKE US AMED CEN, FORT SAM HOUSTON, TEXAS, TO ATTEND AMEDS ORIEN CRS 8-A-C1A, CLASS NO. 3, FOR APPROXIMATELY 6 WEEKS, REPORTING NOT LATER THAN OCTOBER 14, 1959, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THESE ORDERS WERE REVOKED BY LETTER ORDER 9M-152, DATED SEPTEMBER 30, 1959, THE SAME STATION, AND YOU WERE ASSIGNED TO FORT CARSON, COLORADO, WITH TEMPORARY DUTY EN ROUTE TO ATTEND AMEDS ORIEN CRS 8-A-CLASS NR 3. ORDERS DATED OCTOBER 15, 1959, CONFIRMING VERBAL ORDERS OF OCTOBER 8, 1959, AMENDED THE ORDERS OF SEPTEMBER 30, 1959, TO SHOW YOUR ASSIGNED STATION AS FORT CARSON AND THAT YOU WERE TO REPORT NOT LATER THAN OCTOBER 14, 1959. YOUR ORDERS WERE FURTHER AMENDED NOVEMBER 16, 1959, TO DESIGNATE YOUR ASSIGNED STATION AS FORT LEONARD WOOD, MISSOURI, WITH APPROXIMATELY FIVE AND ONE-HALF WEEKS' TEMPORARY DUTY EN ROUTE AT FORT SAM HOUSTON TO ATTEND THE ABOVE DESCRIBED ORIENTATION COURSE. YOU DEPARTED FROM LEVITTOWN ON OCTOBER 7, 1959, ARRIVING AT FORT CARSON ON OCTOBER 12, 1959. YOU DEPARTED FORT CARSON ON OCTOBER 13, 1959, AND ARRIVED AT FORT SAM HOUSTON ON OCTOBER 14, 1959. YOU WERE PAID MILEAGE FOR THE OFFICIAL DISTANCE FROM LEVITTOWN TO FORT SAM HOUSTON AND YOUR PRESENT CLAIM IS FOR THE DIFFERENCE BETWEEN THAT MILEAGE AND THE MILEAGE BETWEEN LEVITTOWN AND FORT SAM HOUSTON VIA FORT CARSON. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MARCH 4, 1960, FOR THE REASON THAT THERE WAS NO NECESSITY FOR YOUR TRAVEL TO FORT CARSON. YOUR LETTER OF MARCH 17, 1960, YOU CONTEND THAT THE ORDERS WERE MISLEADING, SAYING THAT AFTER YOUR DEPARTURE FROM LEVITTOWN, APPROPRIATE ARMY AUTHORITIES ATTEMPTED TO NOTIFY YOU NOT TO TRAVEL FROM FORT CARSON.

WE HAVE NO INFORMATION AS TO THE REASONS THE ARMY AUTHORITIES ATTEMPTED TO COMMUNICATE WITH YOU. HOWEVER, ASIDE FROM THAT, AS YOU WERE ADVISED IN SETTLEMENT OF MARCH 4, 1960, THE ORDERS OF SEPTEMBER 30 AND OCTOBER 15, 1959, DID NOT CHANGE THE TEMPORARY DUTY ASSIGNMENT AT FORT SAM HOUSTON, BUT MERELY PROVIDED THAT YOUR ASSIGNED STATION WOULD BE FORT CARSON RATHER THAN FORT SAM HOUSTON. IT SEEMS CLEAR THAT A REASONABLY CAREFUL READING OF THE ORDERS OF SEPTEMBER 30, 1959, IN CONJUNCTION WITH THE ORDERS OF JULY 15, 1959, WOULD HAVE DISCLOSED THAT YOU WERE TO ATTEND THE ORIENTATION COURSE AT FORT SAM HOUSTON PRIOR TO REPORTING TO FORT CARSON SINCE THE ORDERS OF SEPTEMBER 30 PLAINLY PROVIDED THAT FORT CARSON WAS TO BE YOUR "ASSIGNED STATION" BUT THAT YOU WERE TO PERFORM "5 1/2 WEEKS TDY EN ROUTE TO ATTEND AMEDS ORIEN CRS.'

ACCORDINGLY, THERE IS NOT BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF MARCH 4, 1960, WAS CORRECT AND IS SUSTAINED.