B-131118, MAY 16, 1957

B-131118, MAY 16, 1957

TO FIRST LIEUTENANT ARNOLD M. WALKOW:

IN YOUR LETTER DATED MARCH 7, 1957, YOU REQUEST REVIEW OF YOUR CLAIM FOR TRAVEL PAY AND REIMBURSEMENT FOR TRANSPORTATION OF DEPENDENTS WHICH WAS DISALLOWED IN PART BY OUR SETTLEMENT OF OCTOBER 29, 1956.

BY ORDERS DATED JANUARY 23, 1956, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY OVERSEAS---

"* * * WITH APPROXIMATELY 84 DAYS TDY ENROUTE AT 3450TH TECHNICAL TRAINING WING FRANCIS E. WARREN AFB, WYOMING REPORTING NOT LATER THAN 3 MAR 56 FOR PURPOSE OF ATTENDING SUPPLY OFFICER COURSE OB 6421. EFFECTIVE DATE OF DUTY AND DATE OF RANK 2 MAR 56. OFFICER WILL PROCEED TEMPORARY DUTY STATION FROM HOME ADDRESS OR TEMPORARY ADDRESS INDICATED ON EFFECTIVE DATE OF DUTY. * * *"

ACCOMPANYING THESE ORDERS WAS A LETTER FROM THE AIR RESERVE RECORDS CENTER (ARRC), DENVER, COLORADO, ON THE SUBJECT OF ENTRY INTO EXTENDED ACTIVE DUTY. AMONG OTHER THINGS THIS LETTER STATES:

"1. ACTIVE MILITARY SERVICE ORDERS. ORDERS EFFECTING YOUR ENTRY INTO EXTENDED ACTIVE DUTY ARE INCLOSED. READ YOUR ORDERS CAREFULLY.

"A. EFFECTIVE DATE OF DUTY. THE EFFECTIVE DATE OF DUTY IS THE DATE SPECIFIED IN THESE ORDERS. YOU ARE CAUTIONED NOT TO COMMENCE TRAVEL PRIOR TO THE INDICATED EFFECTIVE DATE. INDIVIDUALS DEPARTING FROM THEIR HOME IN ADVANCE OF EFFECTIVE DATE OF DUTY DO SO AT THEIR OWN RISK IN THE EVENT OF INJURY OR CANCELLATION OF ORDERS. (AIR FORCE MANUAL 173-20)" FOR REASONS NOT HERE MATERIAL YOU REQUESTED A CHANGE IN DUTY ASSIGNMENT. IN A TELEPHONE CONVERSATION ON FEBRUARY 20, 1956, WITH PERSONNEL AT ARRC YOU WERE INFORMED THAT ARRANGEMENTS FOR SUCH A TRANSFER WOULD TAKE ABOUT 2 WEEKS. AT 1045 ON FEBRUARY 27, 1956, FOUR DAYS IN ADVANCE OF THE ORDERED DEPARTURE DATE, YOU PROCEEDED WITH YOUR WIFE AND TWO CHILDREN FROM OWENSBORO, KENTUCKY, TO WARREN AIR FORCE BASE NEAR CHEYENNE, WYOMING. ORDERS DATED FEBRUARY 27, 1956, WERE SUBSTITUTED FOR THE ORDERS OF JANUARY 23, 1956, AND YOU WERE ORDERED TO DUTY AT WRIGHT-PATTERSON AIR FORCE BASE, OHIO, TO ARRIVE NOT LATER THAN MARCH 3, 1956. NOTIFICATION OF THIS CHANGE, WHICH WAS SENT BY WIRE TO YOUR ADDRESS AT OWENSBORO, KENTUCKY, ON THE SAME DATE (FEBRUARY 27, 1956), WAS NOT RECEIVED BECAUSE OF YOUR PREMATURE DEPARTURE. YOU RECEIVED THESE ORDERS UPON ARRIVAL AT WARREN AIR FORCE BASE FOLLOWING WHICH YOU DROVE TO DENVER, COLORADO, WITH YOUR FAMILY, WHO ENPLANED FOR HOUSTON, TEXAS, AFTER WHICH YOU RETURNED TO WARREN AIR FORCE BASE BEFORE PROCEEDING TO WRIGHT-PATTERSON AIR FORCE BASE. YOU RECEIVED PAYMENT FOR TRAVEL BETWEEN OWENSBORO, KENTUCKY, AND WRIGHT-PATTERSON AIR FORCE BASE FOR YOURSELF AND, BY SETTLEMENT OF OCTOBER 24, 1956, YOU RECEIVED PAYMENT FOR DEPENDENTS' TRAVEL BETWEEN THE SAME POINTS.

IN THE SETTLEMENT OF OCTOBER 29, 1956, YOU WERE DENIED ADDITIONAL REIMBURSEMENT FOR TRAVEL PERFORMED BY YOUR DEPENDENTS FROM OWENSBORO, KENTUCKY, TO WARREN AIR FORCE BASE, THENCE TO HOUSTON, AND THENCE TO WRIGHT-PATTERSON AND BY YOU FOR THE ROUTE FROM OWENSBORO TO WRIGHT PATTERSON AIR FORCE BASE BY WAY OF WARREN AIR FORCE BASE. YOU NOW REQUEST A REVIEW OF THIS SETTLEMENT.

THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES, EITHER ON ACCOUNT OF THEIR OWN TRAVEL OR THE TRAVEL OF THEIR DEPENDENTS, IS GOVERNED BY REGULATIONS ISSUED UNDER AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, AND PUBLISHED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 3000 OF THESE REGULATIONS PROVIDES, WITH RESPECT TO THE NECESSITY FOR ORDERS, THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH 7050 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT, WHEN ORDERS DIRECTING A PERMANENT CHANGE OF STATION ARE CHANGED PRIOR TO THE EFFECTIVE DATE AND A NEW PERMANENT STATION IS DESIGNATED, TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE MAY NOT EXCEED THE ENTITLEMENT FROM THE OLD PERMANENT STATION TO THE ULTIMATE NEW STATION.

UNDER THE CITED REGULATIONS, WHICH ARE CONTROLLING IN YOUR CASE, THE MAXIMUM REIMBURSEMENT FOR TRAVEL OF YOURSELF AND YOUR DEPENDENTS TO WHICH YOU COULD BECOME ENTITLED INCIDENT TO REPORTING FOR ACTIVE DUTY WAS THAT COMPUTED ON THE BASIS OF THE DISTANCE FROM YOUR HOME TO WRIGHT-PATTERSON AIR FORCE BASE. YOU HAVE BEEN REIMBURSED ON THIS BASIS. HENCE, IRRESPECTIVE OF YOUR REASONS FOR COMMENCING TRAVEL IN ADVANCE OF THE EFFECTIVE DATE OF YOUR ORDERS OF JANUARY 23, 1956, WHICH WERE SUPERSEDED, AT YOUR REQUEST, BY ORDERS OF FEBRUARY 27, 1956, ASSIGNING YOU TO PERMANENT STATION AT WRIGHT-PATTERSON AIR FORCE BASE, THERE IS NO LEGAL BASIS FOR THE PAYMENT TO YOU OF ANY ADDITIONAL AMOUNT.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 29, 1956, MUST BE, AND IS, SUSTAINED.