B-165268, APR. 22, 1969

B-165268, APR. 22, 1969

TO MR. CLIFFORD G. ZERVOS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 3, 1968, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 25, 1968, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND TRANSPORTATION ALLOWANCES FOR TEMPORARY DUTY PERFORMED INCIDENT TO ORDERS DATED JULY 1, 1966, AND FOR REMOVAL OF A CHARGE FOR SIX DAYS' OVERPAYMENT OF PAY AND ALLOWANCES FOR ACCRUED LEAVE UPON DISCHARGE ON AUGUST 26, 1967. YOU ALSO RAISED CERTAIN QUESTIONS CONCERNING THE PAYMENT OF LEAVE RATIONS DURING THE PERIOD AUGUST 12, TO 17, 1966.

THE RECORD SHOWS THAT ON JUNE 20, 1966, YOU ENTERED AN ORDINARY LEAVE STATUS AT MALMSTROM AIR FORCE BASE, MONTANA, AND TRAVELED TO BRICKTOWN, NEW JERSEY. WHILE ON LEAVE THERE, YOU WERE ORDERED BY TELEGRAM TO REPORT ON JULY 6, 1966, TO SEYMOUR-JOHNSON AIR FORCE BASE, NORTH CAROLINA, FOR A COURSE OF INSTRUCTION BEGINNING THE FOLLOWING DAY AND ENDING ON AUGUST 16, 1966. CONFIRMATORY SPECIAL ORDERS NO. T-630 DATED JULY 1, 1966, WERE ISSUED DIRECTING YOU TO TRAVEL FROM BRICKTOWN, NEW JERSEY, TO SEYMOUR- JOHNSON AIR FORCE BASE, NORTH CAROLINA, FOR APPROXIMATELY 39 DAYS' TEMPORARY DUTY AND UPON COMPLETION TO RETURN TO MALMSTROM AIR FORCE BASE, MONTANA. THE ORDERS ALSO AUTHORIZED A DELAY EN ROUTE OF 15 DAYS CHARGEABLE AS LEAVE.

VOUCHER T-4086 DATED SEPTEMBER 29, 1966, WHICH YOU SIGNED AND CERTIFIED TO BE TRUE AND COMPLETE IN ALL RESPECTS, SHOWS THAT YOU DEPARTED FROM SEYMOUR-JOHNSON AIR FORCE BASE ON AUGUST 12, 1966, AND ARRIVED AT YOUR LEAVE ADDRESS AT BRICKTOWN, NEW JERSEY, ON AUGUST 13, 1966, WHERE YOU REMAINED UNTIL AUGUST 20, 1966, WHEN YOU DEPARTED FOR YOUR DUTY STATION AT MALMSTROM AIR FORCE BASE, MONTANA, ARRIVING THERE ON AUGUST 23, 1966.

PARAGRAPH M4207-2B OF THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO 37 U.S.C. 404, PROVIDES THAT WHEN A MEMBER IS AUTHORIZED TO RESUME LEAVE AFTER TERMINATION OF TEMPORARY DUTY, PER DIEM IS PAYABLE FROM THE LEAVE ADDRESS OR PLACE OF RECEIPT OF ORDERS TO THE TEMPORARY DUTY STATION, WHICHEVER IS SHORTER, AND FROM THE TEMPORARY DUTY STATION TO THE LEAVE ADDRESS, AND FOR THE PERIOD OF TEMPORARY DUTY, PLUS TRANSPORTATION IN KIND OR A MONETARY ALLOWANCE IN LIEU THEREOF BETWEEN SUCH POINTS AS PRESCRIBED IN PARAGRAPH M4203-3.

PARAGRAPH M4207-2C OF THE REGULATIONS PROVIDES THAT WHEN A MEMBER IS ORDERED TO TEMPORARY DUTY WHILE ON LEAVE AND THE ORDERS DIRECT HIM TO RETURN TO HIS PERMANENT STATION UPON COMPLETION OF THE TEMPORARY DUTY, PER DIEM AND TRANSPORTATION OR A MONETARY ALLOWANCE IN LIEU THEREOF ARE PAYABLE FROM THE LEAVE ADDRESS TO THE TEMPORARY DUTY STATION AND FROM THE TEMPORARY DUTY STATION TO THE PERMANENT STATION. PER DIEM IS ALSO PAYABLE FOR THE PERIOD OF TEMPORARY DUTY DIRECTED AT THE TEMPORARY DUTY STATION.

THE ADMINISTRATIVE OFFICE PAID YOU IN ACCORDANCE WITH PARAGRAPH M4207-2B OF THE REGULATIONS WHICH WAS BASED ON YOUR ITINERARY AS SHOWN ON YOUR VOUCHER T-4086, SEPTEMBER 29, 1966. SUBSEQUENTLY, A ROUTINE ADMINISTRATIVE EXAMINATION OF YOUR PAY RECORD RESULTED IN ISSUANCE OF A DEBT NOTICE IN THE SUM OF $239.94, LATER REDUCED TO $70.68. THE DEBT INCLUDES THE SUM OF $48.78 IDENTIFIED AS AN OVERPAYMENT OF SIX DAYS' ACCRUED LEAVE UPON DISCHARGE, AUGUST 26, 1967. THIS OVERPAYMENT WAS ESTABLISHED BY COMPARING THE PAY RECORD, LEAVE RECORD AND TRAVEL VOUCHER T -4086. IT WAS DETERMINED THAT YOU WERE IN A LEAVE STATUS FOR THE PERIOD AUGUST 12 TO 17, 1966, A SIX-DAY PERIOD NOT SHOWN ON YOUR LEAVE RECORD AND NOT CONSIDERED IN THE SETTLEMENT OF YOUR LEAVE ACCOUNT UPON DISCHARGE.

YOU PROTESTED THE ADMINISTRATIVE DETERMINATION OF YOUR INDEBTEDNESS AND INSISTED THAT YOU WERE PROPERLY PAID THE PAY AND ALLOWANCES FOR THE PERIOD AUGUST 12 TO 17, 1966, WHILE ON TEMPORARY DUTY AND THAT SUCH PERIOD SHOULD NOT BE CHARGED AS LEAVE. CONSEQUENTLY, THE MATTER WAS REFERRED TO THIS OFFICE AS A DOUBTFUL CLAIM FOR ADDITIONAL MILEAGE AND PER DIEM BASED ON THE DISTANCE FROM SEYMOUR-JOHNSON AIR FORCE BASE TO MALMSTROM AIR FORCE BASE, FOR REMOVAL OF THE CHARGE FOR SIX DAYS' OVERPAYMENT OF PAY AND ALLOWANCES FOR ACCRUED LEAVE UPON DISCHARGE ON AUGUST 26, 1967, AND FOR PAYMENT OF SUBSISTENCE ALLOWANCE FOR THE SIX DAYS IN AUGUST 1966 WHICH YOU CONTEND WAS ERRONEOUSLY CHARGED AS A PERIOD OF LEAVE.

BY SETTLEMENT DATED OCTOBER 25, 1968, THE CLAIM WAS DISALLOWED FOR THE REASONS STATED THEREIN.

IN YOUR PRESENT LETTER YOU INDICATE THAT THE CERTIFICATE OF TRAINING DATED AUGUST 16, 1966, THE TEMPORARY DUTY ORDERS OF JULY 1, 1966, SHOWING A COMPLETION DATE OF AUGUST 16, 1966, FOR THE COURSE OF INSTRUCTION AND THE FACT THAT 14 MEN IN THE CLASS SIGNED OUT ON AUGUST 16, 1966, FROM SEYMOUR-JOHNSON AIR FORCE BASE SHOULD BE SUFFICIENT TO OVERCOME THE CONTRARY EVIDENCE AS TO THE DATE OF DEPARTURE FROM THAT BASE SHOWN IN YOUR SIGNED VOUCHER T-4086 WHICH WAS MADE OUT FIVE WEEKS AFTER YOU LEFT THAT STATION.

THE PERTINENT STATUTE WITH RESPECT TO TRAVEL ALLOWANCES, 37 U.S.C. 404, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS, UPON A CHANGE OF PERMANENT STATION, OR OTHERWISE, WHICH PRESUPPOSES TRAVEL ON PUBLIC BUSINESS. PARAGRAPH M3050-1 JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT ACT PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AND NECESSARY TEMPORARY DUTY PURSUANT TO COMPETENT TRAVEL ORDERS.

TRAVEL ALLOWANCES AUTHORIZED FOR MEMBERS OF THE UNIFORMED SERVICES ARE FOR THE PURPOSE OF REIMBURSING THE MEMBERS FOR THE EXPENSES INCURRED IN COMPLYING WITH THE TRAVEL REQUIREMENTS IMPOSED UPON THEM BY THE NEEDS OF THE SERVICES OVER WHICH THEY HAVE NO CONTROL, NOT FOR THE EXPENSES OF TRAVEL INDUCED BY PERSONAL REASONS. SEE PARAGRAPH M6454 JOINT TRAVEL REGULATIONS.

D.O. VOUCHER T-1703 IN THE DISBURSING OFFICER ACCOUNTS AT SEYMOUR JOHNSON AIR FORCE BASE, NORTH CAROLINA, DATED AUGUST 11, 1966, SHOWS YOU RECEIVED ADVANCE TRAVEL PAY IN THE SUM OF $111.75 BASED ON THE DISTANCE FROM SEYMOUR-JOHNSON AIR FORCE BASE TO MALMSTROM AIR FORCE BASE, MONTANA.

PARAGRAPH 20302 (A) AIR FORCE MANUAL 177-103 DATED JANUARY 19, 1966, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/A) GENERAL INFORMATION. AF POLICY ENTITLES A MEMBER TO ADVANCE OF TRAVEL ALLOWANCES, UPON HIS REQUEST, AT HIS PERMANENT DUTY STATION BEFORE TRAVEL BEGINS. THIS PROCEDURE APPLIES TO BOTH PCS AND TDY. COMPETENT TRAVEL ORDERS ARE THE BASIS FOR PAYMENT. * * *"

SINCE YOU HAD YOUR TRAVEL ORDERS DIRECTING YOU TO RETURN TO YOUR PERMANENT DUTY STATION, WITH LEAVE AUTORIZED EN ROUTE, AND RECEIVED A TRAVEL ADVANCE ON AUGUST 11, 1966, YOU COULD HAVE DEPARTED FROM SEYMOUR- JOHNSON AIR FORCE BASE ON AUGUST 12, 1966, AND RETURNED TO YOUR LEAVE ADDRESS AT BRICKTOWN, NEW JERSEY, AS YOU CERTIFIED ON VOUCHER T 4086 DATED SEPTEMBER 29, 1966, NOTWITHSTANDING THE CERTIFICATE OF TRAINING WAS DATED AUGUST 16, 1966. IN THIS CONNECTION INFORMATION WAS OBTAINED INFORMALLY FROM THE DEPARTMENT OF THE AIR FORCE TO THE EFFECT THAT SUCH CERTIFICATES ARE DATED IN ADVANCE AND ARE NOT CONCLUSIVE AS TO THE DATE ON WHICH THE COURSE ACTUALLY IS COMPLETED.

PERSONS WHO PRESENT CLAIMS AGAINST THE UNITED STATS MUST ESTABLISH CLEARLY AND TRUTHFULLY THE FACTS AND PRINCIPLES ON WHICH THEIR CLAIMS ARE BASED AND THE BURDEN IMPOSED BY THE RULE MUST BE MET SQUARELY IN EACH CASE IN ORDER TO JUSTIFY THE ACCOUNTING OFFICERS IN CERTIFYING SUCH CLAIMS FOR PAYMENT FROM APPROPRIATED MONEYS. 23 COMP. GEN. 907, 909. AS STATED ABOVE, THE RECORD SHOWS THAT ON AUGUST 11, 1966, YOU RECEIVED ADVANCE TRAVEL PAY BASED ON THE DISTANCE FROM SEYMOUR-JOHNSON AIR FORCE BASE TO MALMSTROM AIR FORCE BASE, MONTANA, AND IT IS OUR UNDERSTANDING THAT UNDER AIR FORCE POLICY THE TRAVEL ADVANCE WOULD NOT HAVE BEEN AUTHORIZED UNTIL YOU WERE READY TO DEPART FROM YOUR TEMPORARY DUTY STATION.

SUCH POLICY AND THE DATE OF THE TRAVEL ADVANCE, THEREFORE, SUPPORT YOUR STATEMENTS IN VOUCHER T-4086 THAT YOU DEPARTED FROM SEYMOUR JOHNSON AIR FORCE BASE ON AUGUST 12, 1966, TO RETURN TO BRICKTOWN FOR A FURTHER PERIOD OF LEAVE BEFORE RETURNING TO YOUR PERMANENT STATION. FURTHERMORE, THAT VOUCHER WAS EXECUTED SHORTLY AFTER THE PERIOD INVOLVED WHILE THE FACTS WERE STILL FRESH IN YOUR MIND.

ON THE OTHER HAND, THE STATEMENTS YOU MADE CONCERNING THE SCHEDULED DATE OF COMPLETION OF THE COURSE AS PROVIDED IN THE ORDERS OF JULY 1, 1966, THE COMPLETION DATE SHOWN IN THE CERTIFICATE OF TRAINING AND THE FACT THAT YOU SAY MEMBERS SIGNED OUT ON AUGUST 16, 1966, ARE MERELY AN INDICATION THAT THE COURSE WAS TO CONTINUE UNTIL AUGUST 16, 1966, BUT THESE FACTS DO NOT ESTABLISH THAT YOU REMAINED THERE UNTIL THAT TIME AND THEREFORE IT IS INSUFFICIENT TO OVERCOME THE EVIDENCE OF RECORD THAT YOU DEPARTED FROM SEYMOUR-JOHNSON AIR FORCE BASE ON AUGUST 12 AND RETURNED TO YOUR LEAVE ADDRESS.

IN THESE CIRCUMSTANCES WE DO NOT DISAGREE WITH THE ACTION TAKEN BY THE AIR FORCE IN CHARGING YOU LEAVE FOR 6 DAYS WHILE AT BRICKTOWN FOLLOWING THE TEMPORARY DUTY INVOLVED. ACCORDINGLY, THE SETTLEMENT OF OCTOBER 25, 1968, IS AFFIRMED.

WITH RESPECT TO YOUR ENTITLEMENT TO THE PAYMENT OF LEAVE RATIONS AT THE RATE OF $1.17 PER DAY DURING THE PERIOD AUGUST 12 TO 17, 1966, AS WE ADVISED YOU PREVIOUSLY, WE REQUESTED ADDITIONAL INFORMATION FROM THE DEPARTMENT OF THE AIR FORCE. BY LETTER DATED MARCH 6, 1969, THE DEPARTMENT OF THE AIR FORCE ENCLOSED A COPY OF YOUR LEAVE RECORD AND FINAL PAY CARD TOGETHER WITH AN EXPLANATION OF THE AUDIT ACTION TAKEN IN THE MATTER.

THE RECORD SHOWS THAT YOU WERE PREVIOUSLY CREDITED FOR 42 DAYS OF LEAVE RATIONS FOR THE PERIOD JULY 8 TO AUGUST 18, 1966, AT $1.17 PER DAY FOR A TOTAL PAYMENT OF $49.14. THE ONLY LEAVE CHARGED TO YOUR ACCOUNT DURING THIS PERIOD OF TIME WAS AUGUST 12 TO 17, 1966, A TOTAL OF 6 DAYS. YOU WERE ALLOWED A CREDIT OF LEAVE RATIONS IN THE AMOUNT OF $7.02 FOR THIS PERIOD OF TIME. EXCEPTION WAS TAKEN ON THE REMAINING PERIOD OF TIME AS AN OVERPAYMENT OF 36 DAYS LEAVE RATIONS AT $1.17 PER DAY FOR THE PERIOD JULY 8 TO AUGUST 11, 1966, DURING WHICH PERIOD YOU WERE FURNISHED SUBSISTENCE BY THE GOVERNMENT, AND AUGUST 18, 1966, TOTALING $42.12 FOR THE TIME NOT CHARGEABLE AS LEAVE TAKEN. THUS YOU HAVE BEEN PAID LEAVE RATIONS AT $1.17 PER DAY FOR THE PERIOD AUGUST 12 TO 17, 1966, AND A FURTHER PAYMENT WOULD RESULT IN AN ERRONEOUS DUPLICATE CREDIT.

WITH YOUR PRESENT LETTER YOU ENCLOSED A COPY OF DD FORM 215, WHICH SHOWS YOUR MILITARY RECORDS HAVE BEEN CORRECTED TO SHOW THAT AT THE TIME OF ENLISTMENT ON OCTOBER 16, 1963, YOUR HOME OF RECORD WAS BRICKTOWN, NEW JERSEY, RATHER THAN MONTGOMERY, OHIO. YOU SAY THAT UPON RELEASE FROM ACTIVE DUTY YOU WERE PAID TRAVEL AND BAGGAGE ALLOWANCE TO DAYTON, OHIO. IT APPEARS FROM YOUR LETTER THAT YOU ARE NOW CLAIMING ADDITIONAL MILEAGE AND BAGGAGE ALLOWANCE BASED ON THE DISTANCE FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO BRICKTOWN, NEW JERSEY.

THIS CLAIM WAS NOT A PART OF THE CLAIM THAT WAS CONSIDERED IN OUR SETTLEMENT OF OCTOBER 25, 1968, AND IS FOR CONSIDERATION IN THE FIRST INSTANCE BY THE DEPARTMENT OF THE AIR FORCE, HEADQUARTERS AIR FORCE ACCOUNTING AND FINANCE CENTER, 3800 YORK STREET, DENVER, COLORADO 80205. YOUR CLAIM SHOULD BE PRESENTED TO THAT OFFICE.

IF THE MATTER IS NOT ADJUSTED TO YOUR SATISFACTION BY THE DEPARTMENT OF THE AIR FORCE, YOU MAY FILE A CLAIM FOR THE ADDITIONAL AMOUNT WITH OUR CLAIMS DIVISION.