B-117577, JAN. 8, 1958

B-117577: Jan 8, 1958

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PAPPAS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17. THE CIRCUMSTANCES OF YOUR REASSIGNMENT TO STEWART AIR FORCE BASE WERE CONSIDERED IN OUR DECISION OF JANUARY 26. IN WHICH THE SECRETARY OF THE AIR FORCE WAS ADVISED THERE WAS NO AUTHORITY FOR PAYMENT OF MILEAGE TO YOU INCIDENT TO SUCH TRANSFER. UPON REQUEST OF THE ASSISTANT SECRETARY OF THE AIR FORCE THAT DECISION WAS RECONSIDERED AND BY DECISION OF JUNE 16. THE SECRETARY AGAIN WAS ADVISED THAT ON THE PRESENT RECORD THERE IS NO AUTHORITY FOR PAYMENT OF THE MILEAGE INVOLVED. THE BASIS FOR THAT CONCLUSION WAS THAT THE FACTS SHOWED THAT YOUR TRANSFER WAS AUTHORIZED FOR PERSONAL REASONS RATHER THAN TO MEET THE NEEDS OF THE SERVICE.

B-117577, JAN. 8, 1958

TO CAPTAIN ANTONIO S. PAPPAS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1957, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REFUND OF $793.94 REPRESENTING THE AMOUNT COLLECTED FROM YOU BY REASON OF ERRONEOUS PAYMENTS OF TRAVEL AND TRANSPORTATION ALLOWANCE INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM ALEXANDRIA AIR FORCE BASE, LOUISIANA, TO STEWART AIR FORCE BASE, NEW YORK.

THE CIRCUMSTANCES OF YOUR REASSIGNMENT TO STEWART AIR FORCE BASE WERE CONSIDERED IN OUR DECISION OF JANUARY 26, 1954, B-117577, IN WHICH THE SECRETARY OF THE AIR FORCE WAS ADVISED THERE WAS NO AUTHORITY FOR PAYMENT OF MILEAGE TO YOU INCIDENT TO SUCH TRANSFER. UPON REQUEST OF THE ASSISTANT SECRETARY OF THE AIR FORCE THAT DECISION WAS RECONSIDERED AND BY DECISION OF JUNE 16, 1955, B-117577, THE SECRETARY AGAIN WAS ADVISED THAT ON THE PRESENT RECORD THERE IS NO AUTHORITY FOR PAYMENT OF THE MILEAGE INVOLVED. THE BASIS FOR THAT CONCLUSION WAS THAT THE FACTS SHOWED THAT YOUR TRANSFER WAS AUTHORIZED FOR PERSONAL REASONS RATHER THAN TO MEET THE NEEDS OF THE SERVICE.

IN YOUR PRESENT LETTER YOU SET FORTH ADDITIONAL FACTS WHICH YOU BELIEVE CONTROVERT CERTAIN STATEMENTS MADE IN THOSE DECISIONS AND YOU EXPRESS THE OPINION THAT YOUR CLAIM SHOULD BE PAID. THE ADDITIONAL FACTS HAVE BEEN CAREFULLY CONSIDERED IN CONJUNCTION WITH THE RECORD AS A WHOLE. THEY DO NOT ESTABLISH, HOWEVER, THAT YOU WERE REASSIGNED TO MEET THE NEEDS OF THE SERVICE RATHER THAN BY REASON OF YOUR DESIRE TO BE REASSIGNED FOR PERSONAL REASONS. HENCE, YOUR LETTER AFFORDS ..END :