B-137600, NOV 18, 1958

B-137600, NOV 18, 1958

PRECIS-UNAVAILABLE

MR. RICHARD T. SALTER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 18, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 10, 1958, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR YOUR TRAVEL FROM CAMBRIDGE, MASSACHUSETTS, TO FORT BELVOIR, VIRGINIA, INCIDENT TO YOUR SERVICE AS FIRST LIEUTENANT, UNITED STATES ARMY RESERVE.

BY LETTER ORDERS RC 387-57, DATED MARCH 18, 1957, ADDRESSED TO YOU AT YOUR PERMANENT HOME ADDRESS, 4826 WALNUT STREET, PHILADELPHIA, PENNSYLVANIA, YOU WERE DIRECTED TO REPORT TO STUDENT DETACHMENT, UNITED STATES ARMY ENGINEER SCHOOL, FORT BELVOIR, VIRGINIA, NOT LATER THAN OCTOBER 10, 1957, FOR THE PURPOSE OF ATTENDING CORPS OF ENGINEERS OFFICER BASIC COURSE FOR SIX MONTHS. YOU TRAVELED FROM CAMBRIDGE, MASSACHUSETTS, TO FORT BELVOIR, VIRGINIA, BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD OCTOBER 5 TO 10, 1957, AND WERE PAID MILEAGE FROM PHILADELPHIA TO FORT BELVOIR. ON MARCH 27, 1958, THOSE ORDERS WERE AMENDED BY LETTER ORDERS RC 103-58 TO SHOW YOUR PERMANENT ADDRESS AS 3078 MIT GRADUATE HOUSE, CAMBRIDGE 39, MASSACHUSETTS, IN CONFIRMATION OF VERBAL ORDERS OF THE COMMANDING GENERAL, HEADQUARTERS FIRST ARMY, MARCH 25, 1958. YOU STATE THAT HEADQUARTERS FIRST ARMY ACKNOWLEDGED CAMBRIDGE AS YOUR TEMPORARY ADDRESS IN PREVIOUS SETS OF ORDERS; THAT MORE THAN 45 DAYS PRIOR TO THE REQUIRED DATE OF REPORTING UNDER THE ORDERS OF MARCH 18, 1957, YOU NOTIFIED HEADQUARTERS FIRST ARMY IN WRITING THAT YOU WERE THEN AT CAMBRIDGE IN ORDER THAT YOU MIGHT RECEIVE AMENDED ORDERS WITH THE CAMBRIDGE ADDRESS; THAT HEADQUARTERS FIRST ARMY DID NOT ACT ON YOUR NOTICE AND IN FACT CLAIMS TO HAVE NO RECORD OF IT. YOU CONTEND THAT EVEN IF THERE IS NO RECORD OF YOUR NOTICE OF CHANGE OF ADDRESS YOUR CLAIM FOR ADDITIONAL MILEAGE SHOULD BE ALLOWED ON THE BASIS OF EARLIER ACKNOWLEDGMENT OF YOUR TEMPORARY ADDRESS IN CAMBRIDGE AND THE LATER AMENDMENT OF YOUR ORDERS.

PARAGRAPH 4150-4 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF MILEAGE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE ON PERMANENT CHANGE OF STATION. PARAGRAPH 3003-1A OF SUCH REGULATIONS DEFINES A PERMANENT CHANGE OF STATION AS INCLUDING THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION, UPON CALL TO ACTIVE DUTY. PARAGRAPH 1150-11 STATES THAT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY IS THE PLACE TO WHICH ORDERS TO ACTIVE DUTY ARE ADDRESSED. CASE 1, PARAGRAPH 4156, PROVIDES THAT WHEN ORDERS ARE RECEIVED AT A PLACE OTHER THAN TO WHICH ADDRESSED, TRAVEL ALLOWANCES ARE PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS, NOT IN EXCESS OF THAT FROM THE OFFICIAL RESIDENCE OR PLACE ADDRESSED. UNDER THE FOREGOING REGULATIONS THE BASIC POINT FROM WHICH MILEAGE IS PAYABLE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE TO FIRST STATION UPON CALL TO ACTIVE DUTY IS THE HOME OR PLACE FROM WHICH ORDERED TO ACTIVE DUTY.

IN THE PRESENT CASE, THE ORDERS WERE ADDRESSED TO YOUR PERMANENT HOME ADDRESS. THE RECORD DOES NOT ESTABLISH THAT YOU GAVE NOTICE OF A CHANGE OF ADDRESS PRIOR TO TRAVEL. IN ANY EVENT, NO ORDERS WERE ADDRESSED TO YOU AT CAMBRIDGE, AND NEITHER THE PRIOR RECOGNITION OF A TEMPORARY ADDRESS THERE NOR THE FACT THAT YOUR ORDERS WERE AMENDED AFTER THE TRAVEL WAS COMPLETED UNDER THE ORIGINAL ORDERS MAY BE ACCEPTED AS ENTITLING YOU TO ANY GREATER MILEAGE THAN PROVIDED FOR UNDER CONTROLLING REGULATIONS.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 10, 1958, WAS CORRECT AND IS SUSTAINED.