B-134009, NOV. 14, 1957

B-134009, NOV. 14, 1957

TO FIRST LIEUTENANT CHARLES W. SCOTT:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 25, 1957, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM IN CONNECTION WITH DUTY PERFORMED BY YOU AT FORT HOLABIRD, MARYLAND, DURING THE PERIOD NOVEMBER 23, 1955, TO FEBRUARY 6, 1956.

ORDERS OF NOVEMBER 10, 1955, ISSUED AT FORT LEONARD WOOD, MISSOURI, RELEASED YOU FROM ASSIGNMENT AT THAT STATION AND TRANSFERRED YOU IN YOUR ENLISTED GRADE TO ARMY INTELLIGENCE CENTER, FORT HOLABIRD, MARYLAND. THE ABBREVIATION "PCS" WAS USED IN SUCH ORDERS TO DENOTE A PERMANENT CHANGE OF STATION. IT APPEARS THAT YOU WERE DISCHARGED FROM THE ARMY AT FORT HOLABIRD ON FEBRUARY 6, 1956, TO ACCEPT AN APPOINTMENT AS A COMMISSIONED OFFICER. ORDERS OF FEBRUARY 10, 1956, AMENDED THE PRIOR ORDERS TO CHANGE YOUR ASSIGNMENT AT FORT HOLABIRD TO "STU BN 8579TH DU" AND SUCH ORDERS WERE AMENDED FURTHER BY ORDERS OF MARCH 5, 1956, TO INCLUDE THE ABBREVIATION ,TDPFO" DENOTING TEMPORARY DUTY PENDING FURTHER ORDERS. THUS THE ORDERS OF NOVEMBER 10, 1955, AS SO AMENDED, REFERRED TO BOTH A PERMANENT CHANGE OF STATION TO FORT HOLABIRD AND TEMPORARY DUTY AT THAT PLACE.

WHILE IT HAS BEEN RECOGNIZED THAT IN CERTAIN EXCEPTIONAL CIRCUMSTANCES, TRAVEL ORDERS MAY BE AMENDED RETROACTIVELY WHERE ALL THE FACTS AND CIRCUMSTANCES CLEARLY SHOW THAT SOME PROVISION PREVIOUSLY DETERMINED AND OTHERWISE AUTHORIZED AND DEFINITELY INTENDED IN A PARTICULAR CASE HAS BEEN OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING THE TRAVEL ORDERS (24 COMP. GEN. 439), THE ORDER ISSUING AUTHORITY AT FORT LEONARD WOOD HAS FURNISHED NO INFORMATION AS TO THE FACTS AND CIRCUMSTANCES RELATING TO THE ISSUANCE OF THE ORDERS OF NOVEMBER 10, 1955. THERE IS NO SHOWING AS TO WHY YOU WERE NOT ORDERED TO TEMPORARY DUTY AS A STUDENT TO ATTEND A COURSE OF INSTRUCTION AT FORT HOLABIRD IF THAT WAS THE INTENTION AT THE TIME THOSE ORDERS WERE ISSUED. HEADQUARTERS, FORT LEONARD WOOD, IN 1ST INDORSEMENT OF JULY 9, 1957, ADVISED, IN RESPONSE TO AN INQUIRY FROM SPECIAL CLAIMS DIVISION, SETTLEMENTS OPERATIONS, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, THAT IT WAS UNABLE TO ASCERTAIN WHETHER YOU WERE ORIGINALLY ORDERED TO A COURSE OF INSTRUCTION AT FORT HOLABIRD OR THE SCHEDULED LENGTH OF THE COURSE IF SO ORDERED. THE ORDERS OF NOVEMBER 10, 1955, CITED ARMY REGULATIONS 601-242 WHICH RELATE TO ENLISTMENTS AND REENLISTMENTS IN THE REGULAR ARMY FOR SUBSEQUENT ASSIGNMENT TO EITHER COUNTER INTELLIGENCE CORPS OR FIELD OPERATIONS INTELLIGENCE DUTIES. PARAGRAPH 11 OF SUCH REGULATIONS APPEARS TO CONTEMPLATE THE ASSIGNMENT OF QUALIFIED ENLISTEES, TO THE ARMY INTELLIGENCE CENTER AT FORT HOLABIRD FOR DUTY, RATHER THAN TEMPORARY DUTY.

THE MERE ISSUANCE OF AMENDATORY ORDERS PURPORTING TO CHANGE A PERMANENT DUTY ASSIGNMENT TO TEMPORARY DUTY AFTER THE COMPLETION OF SUCH DUTY HAS NOT BEEN REGARDED AS FURNISHING A SUFFICIENT BASIS TO ESTABLISH AN ORIGINAL INTENT CONTRARY TO THAT EXPRESSED IN THE ORIGINAL ORDERS, AND ON THE PRESENT RECORD THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.