B-132798, SEP. 16, 1957

B-132798, SEP. 16, 1957

TO MR. LEONARD W. KLEIN:

YOUR LETTER OF JULY 22, 1957, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED JUNE 18, 1957, DISALLOWING YOUR CLAIM FOR ADDITIONAL MILEAGE, PER DIEM AND EXPENSES INCURRED INCIDENT TO TRAVEL PERFORMED FROM FRANKFURT, GERMANY, TO SIDI SLIMANE, FRENCH MOROCCO, DURING THE PERIOD NOVEMBER 15 TO DECEMBER 1, 1955, PURSUANT TO A PERMANENT CHANGE OF STATION.

BY TRANSFER ORDERS LTR 0 11-1515, DATED NOVEMBER 10, 1955, YOU WERE AUTHORIZED TO "PROCEED FROM FRANKFURT, GERMANY TO CIVILIAN PERSONNEL OFFICER, NOVASSEUR, FRENCH MOROCCO FOR PROCESSING THENCE TO SIDI SLIMANE, FRENCH MOROCCO FOR PERMANENT ASSIGNMENT.' THE TRAVEL ORDER AUTHORIZED TRAVEL BY PRIVATELY OWNED AUTOMOBILE WITH REIMBURSEMENT FROM GERMAN BORDER TO SIDI SLIMANE NOT TO EXCEED COST OF FIRST CLASS RAIL BY COMMON CARRIER. YOU PERFORMED THE TRAVEL BETWEEN NOVEMBER 15 AND DECEMBER 1, 1955, AND WERE REIMBURSED $141.50; ON VOUCHER NO. 6525, JUNE 1956 ACCOUNTS OF J. W. HOLCOMB, 1ST LT. USAF, COMPUTED AS FOLLOWS:

TABLE

COST COMMON CARRIER FRANKFURT, GERMANY,

TO NOVASSEUR, AB, FRENCH MOROCCO $ 93.00

COST COMMON CARRIER NOVASSEUR AB,

FRENCH MOROCCO TO SIDI SLIMANE,

FRENCH MOROCCO 3.15

PER DIEM

3 DAYS AT $ 9.00 27.00 1

1/2 DAYS AT 10.00 15.00

1/4 DAYS AT 15.00 3.75

$141.90

IT IS NOTED THAT IN YOUR LETTER OF JULY 22 YOU STATE THAT THE AMOUNT OF YOUR PRESENT CLAIM IS FOR LESS THAN THE AMOUNT OF $242.45 STATED IN OUR OFFICE SETTLEMENT OF JUNE 18, 1957. THE FIGURE $242.45 WAS OBTAINED FROM A VOUCHER ON FILE IN OUR OFFICE SIGNED BY YOU, DATED AUGUST 29, 1956, COMPUTED AS FOLLOWS:

TABLE

PER DIEM

16 1/4 DAYS AT $10.00 $162.50

1/4 DAYS AT 15.00 3.75

2,780 MILES AT 7 CENTS PER MILE 194.60

FERRY FARE 23.50

$384.35

LESS PRIOR PAYMENT - 141.90

$242.45

APPROXIMATELY FOUR MONTHS AFTER THE TRAVEL WAS PERFORMED YOUR ORDERS WERE AMENDED PURSUANT TO A TELEGRAM FROM THE COMMANDER SAMAE NOVASSEUR, FRENCH MOROCCO, TO ADD THE FOLLOWING TO PARAGRAPH 2: "IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THIS MODE OF TRAVEL IS MORE ADVANTAGEOUS TO THE GOVERNMENT.'

IT APPEARS TO BE YOUR CONTENTION THAT THERE WAS AN ERROR MADE IN THE ISSUANCE OF THE ORIGINAL TRAVEL ORDERS IN LIMITING YOUR TRAVEL BY PRIVATELY OWNED AUTOMOBILE TO THE COST OF COMMON CARRIER. THIS HAS NOT BEEN CONFIRMED BY THE DEPARTMENT OF THE AIR FORCE. ON THE CONTRARY THERE IS ON FILE A CERTIFICATE SIGNED IN BEHALF OF THE CIVILIAN PERSONNEL OFFICER, CENTRAL CIVILIAN PERSONNEL OFFICE, BRANCH OFFICE NO. 1, 3906TH AIR BASE GROUP, APO 117, USAF, WHICH STATES IN PART AS OLLOWS:

"* * * NO RECORDS ARE AVAILABLE IN THIS OFFICE TO PROVE MONETARY SAVINGS TO THE GOVERNMENT IN CONNECTION WITH TPA AUTHORIZED MR. LEONARD W. KLEIN, IN PCS LETTER ORDER 11-1515 DATED 10 NOV. 55; LO 12-1505 DATED 14 DEC. 55 AND LO 4-1547 DATED 14 APR 56; ISSUED BY HEADQUARTERS NORTHERN AREA COMMAND, APO 757, US ARMY.'

IT IS WELL ESTABLISHED THAT LEGAL RIGHTS AND LIABILITIES IN REGARD TO TRAVEL ALLOWANCES RESTS AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS, AND THAT SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUES OR REGULATIONS UNLESS ERROR IS APPARENT ON THE FACE OF THE ORDERS, OR ALL OF THE FACTS AND CIRCUMSTANCES CLEARLY DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED HAD BEEN OMITTED THROUGH ERROR AND INADVERTENCE IN PREPARING THE ORDERS. 23 COMP. GEN. 713; 24 ID. 439.

THEREFORE, AS THE TRAVEL AUTHORIZATION LTR 0 11-1515 DATED NOVEMBER 10, 1955, WAS NOT AMBIGUOUS OR INCOMPLETE, AND UPON THE PRESENT RECORD DOES NOT APPEAR TO CONTAIN AN OBVIOUS ERROR, THE ACTION TAKEN IN THE OFFICE SETTLEMENT OF JUNE 18, IN DISALLOWING YOUR CLAIM IS SUSTAINED.