B-148634, MAY 28, 1962

B-148634, MAY 28, 1962

TO SECOND LIEUTENANT THOMAS J. LALLY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 29, 1962, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED JANUARY 31, 1962, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE FOR TRAVEL FROM ASPEN,COLORADO, TO FORT MONMOUTH, NEW JERSEY.

BY ORDERS RC A-04-182, DATED APRIL 13, 1961, ADDRESSED TO YOU AT YOUR HOME OF RECORD, 80 POND STREET, WESTWOOD, MASSACHUSETTS, YOU WERE ORDERED TO EXTENDED ACTIVE DUTY AND DIRECTED TO PROCEED FROM YOUR HOME OF RECORD, OR TEMPORARY ADDRESS IF INDICATED AND REPORT TO THE UNITED STATES ARMY SIGNAL CORPS SCHOOL, FORT MONMOUTH, NEW JERSEY, ON MAY 15, 1961, FOR THE PURPOSE OF ATTENDING COURSE NO. 11-A-C20, CLASS NO. 37, FOR EIGHT WEEKS, AND UPON COMPLETION AND ON INSTRUCTIONS OF THE COMMANDANT OF THE BRANCH SERVICE SCHOOL YOU WERE TO PROCEED TO YOUR ASSIGNED STATION AT FORTH HUACHUCA, ARIZONA. YOU TRAVELED FROM ASPEN, COLORADO, TO FORT MONMOUTH, NEW JERSEY, BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD MAY 1 TO MAY 15, 1961, BUT WERE PAID MILEAGE ONLY FROM WESTWOOD TO FORT MONMOUTH. YOU SAY THAT YOU HAD A LETTER FROM HEADQUARTERS, FIRST UNITED STATES ARMY, GOVERNORS ISLAND, NEW YORK, NEW YORK, AUTHORIZING TRAVEL FROM ASPEN TO FORT MONMOUTH AND PAYMENT THEREOF, AND THAT THE FINANCE OFFICER AT FORT MONMOUTH SAID THAT YOU SHOULD APPLY FOR AN AMENDMENT TO YOUR ORDERS ON THE BASIS OF THIS LETTER. ON AUGUST 11, 1961, YOUR ORDERS WERE AMENDED BY LETTER ORDERS RC A-08-485 TO SHOW YOUR TEMPORARY ADDRESS AS 934 EAST COOPER AVENUE, ASPEN, COLORADO. THOSE ORDERS PURPORT TO CONFIRM VERBAL ORDERS GIVEN ON JANUARY 30, 1961, AMENDING YOUR ORDERS OF APRIL 13, 1961, WHICH, OF COURSE, WERE NOT THEN IN EXISTENCE. YOU ALSO SAY THAT AS OF NOVEMBER 1961 (PRESUMABLY INTENDED AS 1960) YOUR HOME OF RECORD BECAME 934 EAST COOPER AVENUE, ASPEN, COLORADO, AND THAT YOU CONTINUED TO LIVE THERE FOR A PERIOD EXCEEDING SIX MONTHS.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES IS 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). PARAGRAPH 4151 OF THOSE REGULATIONS AUTHORIZES THE PAYMENT OF MILEAGE FOR TRAVEL BY PRIVATELY OWNED CONVEYANCE ON PERMANENT CHANGE OF STATION. PARAGRAPH 3003 -1A OF THE 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 THAT TO WHICH ADDRESSED, TRAVEL ALLOWANCES ARE AUTHORIZED FROM THE PLACE OF RECEIPT OF ORDERS, NOT TO EXCEED ENTITLEMENT FROM THE PLACE TO WHICH 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 YOUR 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, IT IS APPARENT THAT NO ORDERS WERE ADDRESSED TO YOU AT ASPEN, COLORADO, AND NEITHER THE PRIOR RECOGNITION OF A TEMPORARY ADDRESS THERE NOR THE FACT THAT AN ATTEMPT WAS MADE TO AMEND YOUR ORDERS TO SHOW THE TEMPORARY ADDRESS AFTER THE TRAVEL WAS COMPLETED UNDER THE ORIGINAL ORDERS MAY BE ACCEPTED AS ENTITLING YOU TO ANY GREATER MILEAGE THAN PROVIDED FOR UNDER THE CONTROLLING REGULATIONS.

ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM MUST BE SUSTAINED.