B-142960, AUG. 1, 1960

B-142960, AUG. 1, 1960

TO MR. WILLIAM D. RUDOLPH:

REFERENCE IS MADE TO YOUR LETTER OF MAY 3, 1960, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED APRIL 25, 1960, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL ALLOWANCES FOR TRAVEL AND MOVEMENT OF HOUSEHOLD EFFECTS INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A FIRST LIEUTENANT, UNITED STATES AIR FORCE, ON FEBRUARY 6, 1959.

THE RECORD SHOWS THAT BY LETTER ORDERS NO. 1057, HEADQUARTERS, CONTINENTAL AIR COMMAND, DENVER, COLORADO, DATED JANUARY 6, 1956, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AND DIRECTED TO PROCEED FROM YOUR HOME ADDRESS--- 100 OXFORD AVENUE, BUFFALO 9, NEW YORK, SO AS TO REPORT NOT LATER THAN MARCH 2, 1956, TO LACKLAND AIR FORCE BASE, TEXAS, FOR TEMPORARY DUTY PENDING FURTHER ORDERS. THE RECORD FURTHER SHOWS THAT BY SPECIAL ORDERS NO. S-130, TRAVIS AIR FORCE BASE, CALIFORNIA, DATED JANUARY 28, 1959, YOU WERE RELIEVED FROM ASSIGNMENT AND EXTENDED ACTIVE DUTY EFFECTIVE FEBRUARY 6, 1959, WITH BUFFALO, NEW YORK, STILL BEING SHOWN ON THESE ORDERS AS YOUR HOME OF RECORD. YOUR DD FORM 214, ARMED FORCES OF THE UNITED STATES REPORT OF TRANSFER OR DISCHARGE, ISSUED TO YOU ON FEBRUARY 6, 1959, SHOWS THAT YOUR HOME OF RECORD AT THE TIME OF ENTRY INTO ACTIVE SERVICE WAS 100 OXFORD AVENUE, BUFFALO (ERIE), NEW YORK, WITH BRIGHTWATERS, NEW YORK, BEING NOTED AS YOUR PERMANENT ADDRESS FOR MAILING PURPOSES AFTER TRANSFER OR DISCHARGE. APPROXIMATELY SEVEN MONTHS AFTER YOUR RELEASE FROM ACTIVE DUTY, SPECIAL ORDERS NO. S-1188, TRAVIS AIR FORCE BASE, CALIFORNIA, DATED SEPTEMBER 4, 1959, WERE ISSUED AMENDING SO MUCH OF YOUR ORDERS OF JANUARY 28, 1959, AS READS: "HOME OF RECORD: BUFFALO, NEW YORK," TO READ: "HOME OF RECORD, 550 PETERS BLVD., BRIGHTWATERS, NY.'

YOU WERE PAID TRAVEL ALLOWANCES FROM TRAVIS AIR FORCE BASE TO BUFFALO, NEW YORK, YOUR LISTED HOME OF RECORD, AND YOU ARE NOW CLAIMING ADDITIONAL ALLOWANCES TO COVER THE DISTANCE BETWEEN BUFFALO, NEW YORK, AND BRIGHTWATERS, NEW YORK, ON THE BASIS THAT BRIGHT BRIGHTWATERS SHOULD HAVE BEEN RECORDED AS YOUR HOME OF RECORD. IN YOUR REQUEST FOR REVIEW YOU AVER THAT BRIGHTWATERS AND NOT BUFFALO WAS YOUR HOME ADDRESS WHEN YOU ENTERED ON ACTIVE DUTY, AND THAT YOU HAD ALWAYS GIVEN BRIGHTWATERS AS YOUR HOME ADDRESS EXCEPT FOR "THAT UNFORTUNATE MOMENT WHEN I REQUESTED THAT THE AIR FORCE SEND MY ORDERS TO BUFFALO, N.Y.' YOU APPEAR TO BELIEVE THAT YOUR HOME OF RECORD WAS LISTED AS BUFFALO, NEW YORK, BECAUSE OF AN ERROR PRIOR TO YOUR ENTRANCE INTO ACTIVE DUTY AND WAS NOT CORRECTED BECAUSE OF MISINFORMATION YOU STATED YOU RECEIVED.

TRAVEL AND TRANSPORTATION ALLOWANCES OF MEMBERS OF THE UNIFORMED SERVICES ARE GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A). AS WAS EXPLAINED TO YOU IN OUR SETTLEMENT OF APRIL 25, 1960, PARAGRAPH 1150-3 (A) OF THESE REGULATIONS PROVIDES THAT THE TERM "HOME OF RECORD" MEANS A PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN "COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, ENLISTED, REENLISTED, INDUCTED, OR ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY.' IT FURTHER PROVIDES THAT TRAVEL AND TRANSPORTATION ALLOWANCES WILL BE BASED ON THE "OFFICIALLY CORRECTED" RECORD IN THOSE INSTANCES WHEN THROUGH A BONA FIDE ERROR THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN EFFECT THE ACTUAL HOME. ANY SUCH CORRECTION MUST BE FULLY JUSTIFIED AND THE HOME, AS CORRECTED, MUST BE THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.

ON THE DATE OF ISSUANCE OF LETTER ORDERS NO. 1057, JANUARY 6, 1956, ORDERING YOU TO ACTIVE DUTY, YOUR HOME OF RECORD WAS BUFFALO, NEW YORK, AND YOUR ORDERS DIRECTED TRAVEL FROM THAT POINT TO LACKLAND AIR FORCE BASE. TRAVEL WAS NOT REQUIRED UNDER SUCH ORDERS UNTIL THE END OF FEBRUARY 1956, CONSEQUENTLY INCORRECT INFORMATION INSOFAR AS YOUR HOME OF RECORD WAS CONCERNED COULD HAVE BEEN EFFECTIVELY AMENDED AT ANY TIME PRIOR TO THAT DATE TO REFLECT A CHANGE OF HOME ADDRESS AND TO DIRECT TRAVEL FROM THAT POINT ON ENTERING ACTIVE DUTY. NO SUCH AMENDMENT IS OF RECORD PRIOR TO YOUR ENTRANCE ON ACTIVE DUTY. THEREFORE, FROM THE RECORD BEFORE US YOUR HOME FOR THE PURPOSES OF DETERMINING YOUR RIGHT TO TRAVEL ALLOWANCES UPON YOUR RELEASE FROM ACTIVE DUTY ON FEBRUARY 6, 1959, WAS BUFFALO, NEW YORK, AND SUCH FACT IS NOT CHANGED BY AN AMENDMENT TO YOUR ORDERS ISSUED SEPTEMBER 4, 1959, GIVING NO INDICATION OF BONA FIDE ERROR IN BUFFALO, NEW YORK, ORIGINALLY HAVING BEEN LISTED AS YOUR HOME OF RECORD, THE RULE BEING WELL ESTABLISHED THAT TRAVEL ORDERS MAY NOT BE MODIFIED RETROACTIVELY TO INCREASE THE RIGHTS OF THE TRAVELER OR TO ALTER THE LIABILITY OF THE GOVERNMENT IN THE MATTER. 24 COMP. GEN. 439.

ACCORDINGLY, THERE IS NO BASIS ON THE PRESENT RECORD FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF APRIL 25, 1960, IS SUSTAINED.