B-142443, MAY 26, 1960

B-142443, MAY 26, 1960

TO CAPTAIN HARRY WOGALTER, MC:

YOUR LETTER OF MAY 11, 1960, MAKE FURTHER REFERENCE TO YOUR CLAIM FOR ADDITIONAL TRAVEL FROM LEVITTOWN, NEW YORK, TO FORT CARSON, COLORADO, AND THENCE TO FORT SAM HOUSTON, TEXAS, INCIDENT TO ORDERS TO ACTIVE DUTY.

THE ORDERS REQUIRED YOU TO TRAVEL FROM LEVITTOWN TO FORT SAM HOUSTON, AND YOU WERE PAID MILEAGE ON THAT BASIS. YOUR CLAIM FOR ADDITIONAL TRAVEL BY WAY OF FORT CARSON WAS NOT CONSIDERED PAYABLE BY THE DEPARTMENT OF THE ARMY. IT WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 4, 1960, AND SUCH ACTION WAS SUSTAINED BY DECISION B-142443, DATED MAY 4, 1960. IN YOUR PRESENT LETTER, HOWEVER, YOU STATE THAT THE ORDERS OF SEPTEMBER 30, 1959, WERE MISLEADING IN NOT STATING THAT THE TEMPORARY DUTY WAS AT FORT SAM HOUSTON, TEXAS; THAT ANOTHER PHYSICIAN LIKEWISE WAS MISLED BY THE ORDERS, AND THAT THE ARMY ATTEMPTED VERBAL CORRECTION. ALSO, YOU ASK US TO EXPLAIN THE ORDERS OF OCTOBER 15, 1959, ASSIGNING YOU TO FORT CARSON TO REPORT NOT LATER THAN OCTOBER 14, 1959, WHICH WAS THE DATE YOU WERE TO REPORT TO FORT SAM HOUSTON UNDER EARLIER ORDERS.

YOU WERE ORDERED TO ACTIVE DUTY BY ORDERS OF JULY 15, 1959. THOSE ORDERS ADDRESSED TO YOU AT YOUR HOME, LEVITTOWN, LONG ISLAND, NEW YORK, DIRECTED YOU TO PROCEED FROM YOUR HOME TO YOUR ASSIGNED STATION FOR TEMPORARY DUTY PENDING FURTHER ORDERS. IT STATED THAT YOUR ASSIGNED (TEMPORARY) STATION WAS STUDENT DETACHMENT, ARMY MEDICAL SERVICE SCHOOL, BROOKE U.S. ARMY MEDICAL CENTER, FORT SAM HOUSTON, TEXAS, AND THAT YOU WERE TO ATTEND "AMEDS ORIEN CRS 8-A-CIA, CLASS NO. 3," FOR APPROXIMATELY SIX WEEKS REPORTING NOT LATER THAN OCTOBER 14, 1959. THOSE ORDERS WERE REVOKED BY ORDERS DATED SEPTEMBER 30, 1959, WHICH ORDERED YOU TO ACTIVE DUTY FROM YOUR HOME AND DIRECTED YOU TO PROCEED TO YOUR ASSIGNED STATION, U.S. ARMY HOSPITAL, FORT CARSON, COLORADO, WITH FIVE AND ONE-HALF WEEKS' TEMPORARY DUTY "ENROUTE" TO ATTEND "AMEDS ORIEN CRS 8-A-CIA, CLASS MR. " REPORTING NOT LATER THAN OCTOBER 14, 1959. THE EFFECT OF THE SECOND ORDERS WAS TO MAKE FORT CARSON YOUR ASSIGNED STATION WITH TEMPORARY DUTY EN ROUTE. IS BELIEVED A REASONABLY CAREFUL READING OF BOTH ORDERS WOULD HAVE MADE IT CLEAR THAT THE TEMPORARY DUTY "ENROUTE" FROM YOUR HOME TO YOUR ASSIGNED STATION WAS AT FORT SAM HOUSTON, TEXAS, AND NOT AT FORT CARSON, YOUR ASSIGNED STATION. SINCE YOU DEPARTED LEVITTOWN ON OCTOBER 7, 1959, AND ARRIVED AT FORT SAM HOUSTON (VIA FORT CARSON) ON OCTOBER 14, 1959, IT APPEARS THAT YOUR TRAVEL WAS ON THE BASIS OF THOSE ORDERS. WHILE VERBAL ORDERS OF OCTOBER 8, 1959, CONFIRMED BY ORDERS DATED OCTOBER 15, 1959, APPARENTLY REQUIRED YOU TO REPORT AT FORT CARSON NOT LATER THAN OCTOBER 14, 1959--- A MATTER WHICH WAS RECTIFIED BY VERBAL ORDERS OF OCTOBER 9, 1959, CONFIRMED ON NOVEMBER 16, 1959--- IT DOES NOT APPEAR THAT THE VERBAL ORDERS OF OCTOBER 8, 1959, WERE COMMUNICATED TO YOU. THEREFORE, AND SINCE THE ORDERS OF OCTOBER 15, 1959, WERE ISSUED AFTER YOUR ARRIVAL AT FORT SAM HOUSTON, IT DOES NOT APPEAR THAT YOUR TRAVEL WAS AFFECTED IN ANY WAY BY THE OCTOBER ORDERS. THE FACT THAT ANOTHER PHYSICIAN MAY HAVE SHARED YOUR MISUNDERSTANDING OF THE ORDERS OF JULY 15 AND SEPTEMBER 30, 1959, OR THAT VERBAL ORDERS WERE ISSUED, DOES NOT AFFORD A BASIS FOR PAYMENT OF AN ALLOWANCE FOR TRAVEL NOT REQUIRED BY THE ORDERS UNDER WHICH THE TRAVEL WAS PERFORMED.

SINCE YOUR LETTER FURNISHES NO MATERIAL EVIDENCE OR INFORMATION NOT PREVIOUSLY CONSIDERED, IT AFFORDS NO BASIS FOR MODIFICATION OF THE PRIOR ACTION IN YOUR CASE. THE DECISION OF MAY 4, 1960, IS AFFIRMED.