B-147646, MAY 17, 1962

B-147646, MAY 17, 1962

TO MASTER SERGEANT ALEX SMITH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 10, 1962, REQUESTING RECONSIDERATION OF OUR DECISION B-147646, DATED JANUARY 5, 1962, WHICH SUSTAINED THE SETTLEMENT ACTION OF OCTOBER 4, 1961, ALLOWING ONLY $10.26 OF YOUR CLAIM FOR MILEAGE ALLOWANCE FOR TRAVEL FROM NEW YORK, NEW YORK, TO VANDENBERG AIR FORCE BASE, CALIFORNIA, DURING THE PERIOD FEBRUARY 19 TO APRIL 9, 1961, INCIDENT TO YOUR ASSIGNMENT TO THE CONTINENTAL UNITED STATES FROM OVERSEAS AS A MEMBER OF THE UNITED STATES AIR FORCE.

YOU HAVE SET FORTH IN INTERROGATORY FORM VARIOUS FACTS AND CIRCUMSTANCES CONCERNING THE ISSUANCE OF YOUR ORDERS AND RETURN TRAVEL. SINCE THESE ITEMS APPEAR TO BE PRESENTED PRIMARILY AS CONTENTIONS IN SUPPORT OF YOUR CLAIM THEY WILL BE CONSIDERED ON THAT BASIS.

AS STATED IN OUR DECISION OF JANUARY 5, 1962, THE RECORD SHOWS THAT BY REASON OF YOUR WIFE'S ILLNESS YOU WERE GRANTED 30 DAYS EMERGENCY LEAVE FROM YOUR OVERSEAS STATION BY SPECIAL ORDERS NO. TB-12, HEADQUARTERS, 317 AIR BASE GROUP, DATED FEBRUARY 18, 1961, IN ACCORDANCE WITH WHICH YOU DEPARTED YOUR STATION ON THAT DATE FOR YOUR DESIGNATED LEAVE ADDRESS IN LOS ANGELES, CALIFORNIA. AFTER ARRIVAL THERE YOU RECEIVED SPECIAL ORDERS NO. A-62, DATED FEBRUARY 20, 1961, CHANGING YOUR PERMANENT STATION FROM THE 317TH AIR BASE GROUP, APO 253, TO 818 COMBAT SUPPORT GROUP (SAC), LINCOLN AIR FORCE BASE, NEBRASKA. AT YOUR REQUEST AND FOR THE APPARENT PURPOSE OF PERMITTING YOU TO BE NEAR YOUR WIFE DURING HER ILLNESS, THE ASSIGNMENT WAS CHANGED FROM LINCOLN AIR FORCE BASE TO 392 COMBAT SUPPORT GROUP (SAC), VANDENBERG AIR FORCE BASE, CALIFORNIA, BY SPECIAL ORDERS NO. A-87, DATED MARCH 9, 1961, TO WHICH STATION YOU WERE ALLOWED MILEAGE FROM YOUR LEAVE ADDRESS IN LOS ANGELES BY SETTLEMENT OF OCTOBER 4, 1961. THE BALANCE OF YOUR TRAVEL CLAIM WAS NOT ALLOWED IN VIEW OF THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A), WHICH AUTHORIZE THE PAYMENT OF ALLOWANCES FOR TRAVEL WHEN PERFORMED UNDER COMPETENT ORDERS, AND SINCE PARAGRAPHS 3000 AND 3001 (SEE ALSO PARAGRAPH 6453) OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THE AUTHORITY CONTAINED IN THE ACT REQUIRE THAT THE TRAVEL BE DIRECTED BY ORDERS ISSUED PRIOR THERETO BY ONE TO WHOM SUCH AUTHORITY HAD BEEN DELEGATED. ALSO THE BALANCE CLAIMED WAS DENIED FOR THE FURTHER REASON THAT TRAVEL PERFORMED INCIDENT TO LEAVE IS NOT CONSIDERED AS HAVING BEEN PERFORMED ON PUBLIC BUSINESS AS REQUIRED BY PARAGRAPH 6454.

YOU SAY THAT ON OR ABOUT FEBRUARY 10, 1961, YOU WERE ALERTED FOR TRANSFER FROM YOUR OVERSEAS STATION, AND THE RECORD INDICATES THAT ACTUAL OFFICIAL NOTIFICATION OF YOUR ASSIGNMENT TO LINCOLN AIR FORCE BASE WAS RECEIVED AT YOUR OVERSEAS STATION ON FEBRUARY 18, 1961, BY HEADQUARTERS, UNITED STATES AIR FORCE (EUROPE) MESSAGE PPA-3B 131333, OF THAT DATE, CITED IN SPECIAL ORDERS NO. A-62. ALSO THE MESSAGE IS CITED IN YOUR LEAVE ORDERS OF FEBRUARY 18, 1961. IT APPEARS THAT WORD OF YOUR WIFE'S ILLNESS WAS LIKEWISE RECEIVED AT YOUR STATION ON FEBRUARY 18, 1961. YOU STATE THAT SINCE THE DAY WAS A SATURDAY IT WAS NOT A WORK DAY AT YOUR OVERSEAS STATION AND WHEN YOU REQUESTED EMERGENCY LEAVE THE STAND-BY CLERK ON DUTY COULD GIVE YOU CLEARANCE ONLY ON THE PREPRINTED FORM (SPECIAL ORDERS NO. TB-12) ALTHOUGH YOU WERE ASSURED BY THE CLERK THAT REGULAR ORDERS WITH YOUR NEW ASSIGNMENT WOULD BE IMMEDIATELY FORTHCOMING. SUCH ORDERS CHANGING YOUR PERMANENT STATION WERE ISSUED ON THE NEXT NORMAL WORKING DAY, MONDAY, FEBRUARY 20, 1961, AS SPECIAL ORDERS NO. A-62, WHICH FACT TENDS TO SUPPORT YOUR CONTENTION THAT HAD FEBRUARY 18, 1961, BEEN A NORMAL WORK DAY AT YOUR BASE THE NECESSARY PERSONNEL FOR ISSUANCE OF CHANGE-OF- STATION ORDERS WOULD HAVE BEEN ON DUTY AND YOU WOULD HAVE RECEIVED PERMANENT CHANGE OF STATION INSTRUCTIONS AT THAT TIME IN CONJUNCTION WITH YOUR EMERGENCY LEAVE INSTEAD OF JUST THE LEAVE AUTHORIZATION FURNISHED YOU.

REGULATIONS CONCERNING THE GRANTING OF LEAVE TO AIR FORCE MILITARY PERSONNEL ARE CONTAINED IN AIR FORCE MANUAL NO. 35-22. PARAGRAPH 33 OF THE MANUAL PROVIDES THAT WHEN EMERGENCY LEAVE IS GRANTED A MEMBER WHO IS SERVING AN OVERSEAS TOUR OF 18 MONTHS OR LESS, HE WILL BE ELIGIBLE FOR AND WILL BE ASSIGNED PERMANENT CHANGE OF STATION TO THE CONTINENTAL UNITED STATES, PROVIDED THAT ON THE DATE OF HIS ARRIVAL AT THE APPROPRIATE CONTINENTAL UNITED STATES PORT UPON COMPLETION OF EMERGENCY LEAVE HE WOULD HAVE LESS THAN THREE MONTHS' (90 DAYS) OVERSEAS RETAINABILITY AND HIS RETURN IS NOT REQUIRED BY THE OVERSEAS COMMAND. WHEN THE MEMBER IS SERVING AN OVERSEAS TOUR OF MORE THAN 18 MONTHS THE PERIOD OF OVERSEAS RETAINABILITY IS EXTENDED TO SIX MONTHS (180 DAYS). SUBPARAGRAPHS B (1) AND B (2) OF PARAGRAPH 37, DESIGNATE THE ACTIONS TO BE TAKEN BY THE IMMEDIATE COMMANDER IN PROCESSING A MEMBER'S REQUEST FOR EMERGENCY LEAVE. WHEN DELAY MIGHT DEFEAT THE PURPOSE OF THE LEAVE, SUBPARAGRAPH B (3) AUTHORIZES SUSPENSION OF SUCH PROCESSING ACTIONS BY PROVIDING THAT THE MEMBER'S IMMEDIATE COMMANDER WILL ACT AS FOLLOWS:

"/3) GRANT EMERGENCY LEAVE WITHOUT FURTHER INVESTIGATION OR CONFIRMATION IF HE IS FURNISHED SATISFACTORY EVIDENCE OF CONDITIONS THAT WARRANT EMERGENCY LEAVE UNDER THE PROVISIONS OF THIS CHAPTER AND THE DELAY INCURRED IN PROCESSING THE LEAVE REQUEST IN ACCORDANCE WITH B ABOVE MAY RESULT IN THE MEMBER ARRIVING AT THE LOCATIONS OF THE EMERGENCY CONDITION TOO LATE TO ACCOMPLISH THE PURPOSE FOR WHICH LEAVE IS REQUIRED. OVERSEA AREAS CASES OF THIS NATURE WILL BE REPORTED WITHOUT DELAY TO THE HEADQUARTERS HAVING APPROVAL AUTHORITY. THIS REPORT WILL INCLUDE THE REASONS FOR WHICH EMERGENCY LEAVE WAS GRANTED.'

IT APPEARS THAT THE ACTION TAKEN IN YOUR CASE WAS PURSUANT TO THE PROVISIONS OF THE ABOVE-QUOTED SUBPARAGRAPH. IT SEEMS APPARENT THAT BEFORE DEPARTING FROM YOUR OVERSEAS STATION YOU WERE ADVISED THAT YOU WERE BEING TRANSFERRED TO LINCOLN AIR FORCE BASE, NEBRASKA, SINCE YOUR LEAVE ORDERS CITE THE MESSAGE WHICH IS REPORTED TO HAVE DIRECTED YOUR REASSIGNMENT TO THAT BASE. AND, IT SEEMS REASONABLY CLEAR THAT THE REASSIGNMENT TO THAT BASE WOULD HAVE BEEN DIRECTED IN THE ORDERS AUTHORIZING EMERGENCY LEAVE BUT FOR THE EMERGENCY INVOLVED AND THE LACK OF AVAILABLE PERSONNEL TO PROCESS THE ORDERS. THEREFORE, SINCE PERMANENT CHANGE OF STATION ORDERS (SPECIAL ORDERS NO. A-62, DATED FEBRUARY 20, 1961) WERE ISSUED TO YOU AT THE FIRST AVAILABLE OPPORTUNITY BY THE REQUIRED AUTHORITY, SUCH ORDERS, ALTHOUGH SUBSEQUENTLY DATED, WILL BE CONSIDERED IN THE SITUATION HERE PRESENTED AS HAVING BEEN ISSUED CONCURRENTLY AND IN CONJUNCTION WITH THE GRANTING OF YOUR EMERGENCY LEAVE, THEREBY ENTITLING YOU TO RECEIVE THE APPROPRIATE CHANGE OF STATION TRAVEL ALLOWANCES.

BY SPECIAL ORDERS NO. A-62, CITED ABOVE, YOU WERE ASSIGNED FOR PERMANENT DUTY TO LINCOLN AIR FORCE BASE, NEBRASKA, AND IT APPEARS THAT THE CHANGE IN THAT ASSIGNMENT TO VANDENBERG AIR FORCE BASE, BY SPECIAL ORDERS NO. A- 87, WAS MADE IN RESPONSE TO YOUR INDIVIDUAL REQUEST AND WAS NOT INDUCED BY MILITARY CONSIDERATIONS IN ACCORDANCE WITH THE NEEDS OF THE SERVICE. HENCE, SUCH REASSIGNMENT TO VANDENBERG AIR FORCE BASE FOR PERSONAL REASONS MAY NOT SERVE TO INCREASE THE AMOUNT OTHERWISE AUTHORIZED AS MILEAGE BY THE CHANGE OF YOUR PERMANENT STATION FROM OVERSEAS TO THE ORIGINALLY DESIGNATED STATION IN THE CONTINENTAL UNITED STATES, LINCOLN AIR FORCE BASE, NEBRASKA. ACCORDINGLY, A SETTLEMENT WILL ISSUE ON THAT BASIS FOR THE REMAINING BALANCE DUE ON YOUR CLAIM AND OUR DECISION OF JANUARY 5, 1962, IS MODIFIED TO THE EXTENT INDICATED HEREIN.