B-150999, APRIL 16, 1963, 42 COMP. GEN. 582

B-150999, APRIL 16, 1963, 42 COMP. GEN. 582

MILITARY PERSONNEL - RECORD CORRECTION - STATUS OF ACTIONS CONSTITUTING THE ISSUANCE OF AMENDATORY ORDERS LONG AFTER THE CORRECTION OF A MILITARY RECORD AND ACCEPTANCE BY THE MEMBER OF A SETTLEMENT, WHICH UNDER 10 U.S.C. 1552 (C) SATISFIED THE CLAIM RESULTING FROM THE CORRECTION, TO PROVIDE MILEAGE, MONETARY ALLOWANCES IN LIEU OF TRANSPORTATION OF THE MEMBER'S DEPENDENTS, AND A DISLOCATION ALLOWANCE WAS WITHOUT EFFECT TO ENTITLE THE MEMBER TO PERMANENT CHANGE OF STATION ALLOWANCES, THE APPROVAL BY THE SECRETARY OF THE AIR FORCE OF THE RECOMMENDATIONS OF THE BOARD FOR THE CORRECTION OF MILITARY RECORDS UNDER THE AUTHORITY OF 10 U.S.C. 1552 TO SHOW THAT THE OFFICER WAS NOT RELEASED FROM ACTIVE DUTY, NOR PASSED OVER FOR PROMOTION MAKING NO REFERENCE TO A PERMANENT CHANGE OF STATION, AND THE INSTRUCTIONS TO DISCHARGE THE MEMBER FROM HIS ENLISTED STATUS AND RESTORE HIM TO HIS COMMISSIONED GRADE FAILING TO INDICATE THAT TRAVEL WAS INVOLVED; THEREFORE, THE AMENDATORY ORDERS INDEPENDENTLY DIRECTING A CORRECTION NOT CONSIDERED BY THE BOARD DID NOT ENTITLE THE OFFICER TO PERMANENT CHANGE OF STATION ALLOWANCES AND ACTION SHOULD BE TAKEN TO RECOVER PAYMENTS MADE UNDER THE AMENDATORY ORDERS.

TO THE SECRETARY OF THE AIR FORCE, APRIL 16, 1963:

REFERENCE IS MADE TO THE CORRECTION OF MILITARY RECORDS IN THE CASE OF CAPTAIN GEORGE G. GRUNDY, AO841703.

CAPTAIN GRUNDY, HAVING BEEN TWICE PASSED OVER FOR PROMOTION TO THE TEMPORARY GRADE OF MAJOR, WAS RELEASED FROM EXTENDED ACTIVE DUTY EFFECTIVE MAY 31, 1961, BY PARAGRAPH 1, SPECIAL ORDERS NO. A-158, DATED MAY 8, 1961, HEADQUARTERS 11TH BOMBARDMENT WING, HEAVY, STRATEGIC AIR COMMAND, ALTUS AIR FORCE BASE, OKLAHOMA. UPON HIS RELEASE FROM ACTIVE DUTY THE OFFICER WAS PAID MILEAGE FOR THE DISTANCE FROM ALTUS AIR FORCE BASE TO OKLAHOMA CITY, OKLAHOMA, HIS HOME OF RECORD. ON JUNE 1, 1961, THE MEMBER ENLISTED IN THE REGULAR AIR FORCE IN THE GRADE OF AIRMAN FIRST CLASS, AT TINKER AIR FORCE BASE, OKLAHOMA.

ON AUGUST 22, 1961, THE SECRETARY OF THE AIR FORCE APPROVED THE RECOMMENDATION OF THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS UNDER AUTHORITY OF 10 U.S.C. 1552 AND DIRECTED THAT THE OFFICER'S RECORDS BE CORRECTED TO SHOW (1) THAT THE OFFICER WAS NOT RELEASED FROM ACTIVE DUTY EFFECTIVE MAY 31, 1961; (2) THAT HE WAS NOT CONSIDERED AND PASSED OVER FOR PROMOTION TO THE TEMPORARY GRADE OF MAJOR BY SELECTION BOARDS WHICH CONVENED ON MARCH 28 AND OCTOBER 3, 1960; AND (3) OTHER CORRECTIONS NOT HERE PERTINENT. NOMENTION WAS MADE OF A PERMANENT CHANGE OF STATION FROM ALTUS AIR FORCE BASE TO TINKER AIR FORCE BASE, OKLAHOMA.

IN ACCORDANCE WITH THE CORRECTION OF CAPTAIN GRUNDY'S MILITARY RECORDS, THE COMMANDER, OKLAHOMA CITY AIR MATERIEL AREA, TINKER AIR FORCE BASE, WAS INSTRUCTED, BY LETTER FROM THE DIRECTORATE OF MILITARY PERSONNEL, UNITED STATES AIR FORCE, DATED SEPTEMBER 15, 1961, TO DISCHARGE THE MEMBER FROM HIS ENLISTED STATUS AND TO ESTABLISH PAY AND ALLOWANCES AT RATES COMMENSURATE WITH HIS COMMISSIONED GRADE. IN CONNECTION WITH HIS DISCHARGE FROM AN ENLISTED STATUS, IT WAS STATED THAT THERE WAS NO TRAVEL INVOLVED.

ORDERS DATED SEPTEMBER 21, 1961, PROVIDED FOR GRUNDY'S HONORABLE DISCHARGE FROM HIS ENLISTED STATUS EFFECTIVE SEPTEMBER 22, 1961, AND ASSIGNMENT IN HIS COMMISSIONED STATUS ON THE BASIS THAT HE WAS CONTINUED ON EXTENDED ACTIVE DUTY FROM MAY 31, 1961, BY VIRTUE OF THE CORRECTION OF HIS RECORDS. APPROPRIATE ADJUSTMENT IN PAY AND ALLOWANCES FOR THE PERIOD JUNE 1 THROUGH SEPTEMBER 21, 1961, WAS MADE BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER. THE MILEAGE WHICH HAD BEEN CREDITED ON RELEASE FROM ACTIVE DUTY FOR TRAVEL FROM ALTUS AIR FORCE BASE TO OKLAHOMA CITY, OKLAHOMA, WAS COLLECTED FROM THE OFFICER IN ADJUSTING HIS PAY AND ALLOWANCES.

CAPTAIN GRUNDY ACCEPTED THE SETTLEMENT BUT CLAIMED CREDIT FOR PERMANENT CHANGE OF STATION TRAVEL ALLOWANCES FOR HIMSELF AND HIS DEPENDENTS FROM ALTUS AIR FORCE BASE TO TINKER AIR FORCE BASE. HIS CLAIM WAS DENIED BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER ON DECEMBER 28, 1961, FOR THE REASON THAT ORDERS DIRECTING A PERMANENT CHANGE OF STATION HAD NOT BEEN ISSUED AS REQUIRED BY PARAGRAPH 3000 OF THE JOINT TRAVEL REGULATIONS. THE DENIAL POINTED OUT THAT IN THE ABSENCE OF PERMANENT CHANGE OF STATION ORDERS, THE MEMBER PERFORMED THE TRAVEL FOR HIS OWN CONVENIENCE AND WAS NOT IN A TRAVEL STATUS.

BY PARAGRAPH 1, SPECIAL ORDERS NO. AA-141, ISSUED BY DEPARTMENT OF THE AIR FORCE ON FEBRUARY 13, 1962, PARAGRAPH 1 OF SPECIAL ORDERS NO. A-158 WAS AMENDED TO SHOW THAT CAPTAIN GRUNDY WAS NOT RELEASED FROM ACTIVE DUTY EFFECTIVE MAY 31, 1961, BUT THAT HE WAS RELEASED FROM ASSIGNMENT AT ALTUS AIR FORCE BASE AND ASSIGNED TO TINKER AIR FORCE BASE, EFFECTIVE MAY 31, 1961. THE ORDERS RECITE THAT THIS WAS A CORRECTION BASED ON THE DIRECTIVE OF THE SECRETARY OF THE AIR FORCE, DATED AUGUST 22, 1961, APPROVING THE RECOMMENDATION OF THE AIR FORCE BOARD FOR THE CORRECTION OF MILITARY RECORDS OF CAPTAIN GRUNDY AND UNDER AUTHORITY OF 10 U.S.C. 1552. AS A RESULT OF THESE AMENDATORY ORDERS CAPTAIN GRUNDY WAS CREDITED WITH MILEAGE FOR HIMSELF, MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION OF HIS DEPENDENTS AND DISLOCATION ALLOWANCE.

UPON CORRECTION OF A MEMBER'S RECORDS UNDER 10 U.S.C. 1552, THE MEMBER BECOMES ENTITLED TO ALL THE BENEFITS DUE ON THE BASIS OF THE FACTS AS SHOWN IN THE CORRECTION. HIS RIGHTS ARE DETERMINED UNDER APPLICABLE LAW IN THE SAME MANNER AS IF HIS ORIGINAL RECORDS HAD SHOWN THE INFORMATION CONTAINED IN THE CORRECTED RECORDS. SEE 40 COMP. GEN. 502. IN THE PRESENT CASE, WHILE THE ORDERS OF FEBRUARY 13, 1962, PURPORT TO HAVE BEEN ISSUED UNDER AUTHORITY OF 10 U.S.C. 1552, THE SECRETARY'S ACTION OF AUGUST 22, 1961, DIRECTING THE CORRECTION OF THE MEMBER'S RECORDS DID NOT PROVIDE FOR A PERMANENT CHANGE OF STATION. WE DO NOT HAVE FOR EXAMINATION A COPY OF THE RECOMMENDATIONS OF THE CORRECTION BOARD, BUT SINCE THE MEMORANDUM OF AUGUST 22, 1961, STATES THAT THE BOARD'S RECOMMENDATIONS WERE APPROVED, IT IS ASSUMED THAT THE CORRECTIONS DIRECTED IN THE MEMORANDUM REFLECT THE ACTION RECOMMENDED BY THE BOARD. UNDER THE PROVISIONS OF 10 U.S.C. 1552 (C) THE CLAIMANT'S ACCEPTANCE OF THE SETTLEMENT MADE ON THE BASIS OF SUCH CORRECTION FULLY SATISFIED THE CLAIM CONCERNED AND IT SEEMS CLEAR FROM THE RECORD THAT THE SETTLEMENT WHEN MADE WAS CONSIDERED ADMINISTRATIVELY AS COMPLETELY IMPLEMENTING THE CORRECTION ACTION. SEE 34 COMP. GEN. 188; ID. 456. THE SUBSEQUENT AMENDMENT OF A TRAVEL ORDER TO SHOW A FURTHER RECORD CHANGE AFFORDS NO BASIS FOR CONCLUDING THAT THE SETTLEMENT DID NOT INCLUDE ALL AMOUNTS PAYABLE ON THE BASIS OF THE CORRECTED RECORD.

THE PERTINENT STATUTE, 10 U.S.C. 1552, PROVIDES THAT THE SECRETARY OF A MILITARY DEPARTMENT, UNDER PROCEDURES ESTABLISHED BY HIM AND APPROVED BY THE SECRETARY OF DEFENSE,"AND ACTING THROUGH BOARDS OF CIVILIANS OF THE EXECUTIVE PART OF THAT MILITARY DEPARTMENT," MAY CORRECT ANY MILITARY RECORD OF THAT DEPARTMENT WHEN HE CONSIDERS IT NECESSARY TO CORRECT AN ERROR OR REMOVE AN INJUSTICE. IT WOULD APPEAR THAT THE ISSUANCE OF THE ORDERS OF FEBRUARY 13, 1962, LONG AFTER THE CORRECTION OF THE MEMBER'S RECORDS AS DIRECTED IN THE MEMORANDUM OF AUGUST 22, 1961, WAS NOT ACTION "THROUGH" THE AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS SINCE SUCH ACTION RATHER THAN INCORPORATING ANY OF THE BOARD'S RECOMMENDATIONS APPARENTLY WAS TAKEN INDEPENDENTLY THEREOF AND DIRECTED A CORRECTION NOT CONSIDERED BY THE BOARD. COMPARE 32 COMP. GEN. 297. CONSEQUENTLY, IT MAY NOT BE CONCLUDED FROM THE FACTS APPEARING THAT THE ORDERS OF FEBRUARY 13, 1962, PROVIDE A RECORD BASIS SHOWING THAT CAPTAIN GRUNDY WAS ENTITLED TO THE PERMANENT CHANGE OF STATION ALLOWANCES INVOLVED. SEE 32 COMP. GEN. 242; ID. 372; 34 ID. 93; ID. 95; 35 ID. 508; ID. 643. ALSO, SEE, THOMAS NATHAN RUSSELL V.

UNITED STATES, CT.CL. NO. 456-61, DECIDED MARCH 6, 1963.

ACCORDINGLY, ON THE PRESENT RECORD AND IN THE ABSENCE OF A FURTHER CORRECTION OF THE RECORD AS PROVIDED BY THE STATUTE TO SHOW A PERMANENT CHANGE OF STATION FROM ALTUS AIR FORCE BASE TO TINKER AIR FORCE BASE, OKLAHOMA, ACTION SHOULD BE TAKEN TO ADJUST CAPTAIN GRUNDY'S PAY ACCOUNT TO RECOVER THE AMOUNTS CREDITED TO HIM FOR TRAVEL ALLOWANCES, FOR HIMSELF AND HIS DEPENDENTS, AND DISLOCATION ALLOWANCE, INCIDENT TO THE AMENDED ORDERS AND THE COST, IF ANY, RESULTING FROM SHIPPING HIS HOUSEHOLD EFFECTS AT PUBLIC EXPENSE INCIDENT TO SUCH ORDERS.