B-119401, JUN 9, 1954

B-119401, JUN 9, 1954

PRECIS-UNAVAILABLE

CAPTAIN AUGUST W. SCHARA:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1954, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED BY YOU FROM WEST PALM BEACH, FLORIDA, TO LOS ANGELES, CALIFORNIA, AND RETURN, DURING THE PERIOD DECEMBER 17, 1952, AND JANUARY 10, 1953.

BY PARAGRAPH 2, SPECIAL ORDERS MO. 95, HEADQUARTERS, 1707TH MEDICAL GROUP, 1707TH AIR BASE WING, CONTINENTAL DIVISION, MATS, PALM BEACH INTERNATIONAL AIRPORT, WEST PALM BEACH, FLORIDA, DATED DECEMBER 15, 1952, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT PLACE AND ASSIGNED TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS. SUCH ORDERS DIRECTED YOU TO PROCEED ON OR ABOUT DECEMBER 17, 1952, AND REPORT AT CAMP STONEMAN NOT LATER THAN JANUARY 19, 1953, DELAY EN ROUTE AT LOS ANGELES, CALIFORNIA, CHARGEABLE AS LEAVE AND 13 DAYS' TRAVEL TIME BEING AUTHORIZED. YOU WERE AUTHORIZED TO TRAVEL BY DIFFERENT MEANS OF CONVEYANCE, INCLUDING PRIVATELY OWNED AUTOMOBILE. YOUR ORDERS OF DECEMBER 15, 1952, WERE REVOKED BY VERBAL ORDERS OF THE SAME COMMAND ON DECEMBER 20, 1952, WHICH WERE CONFIRMED BY WRITTEN ORDERS DATED JANUARY 14, 1953, BY WHICH YOU WERE DIRECTED TO RETURN TO YOUR OLD DUTY STATION FOR DUTY NOT LATER THAN JANUARY 12, 1953, 13 DAYS' TRAVEL TIME BEING AUTHORIZED. YOU STATE THAT YOU LEFT WEST PALM BEACH, FLORIDA, BY AUTOMOBILE ON DECEMBER 17, 1952, AND ARRIVED IN LOS ANGELES, CALIFORNIA, ON DECEMBER 25, 1952; THAT WHILE AT YOUR LEAVE ADDRESS (LOS ANGELES) YOU WERE INFORMED BY TELEGRAM OF DECEMBER 24, 1952, OF THE REVOCATION OF THE ORDERS OF DECEMBER 15, 1952, AND THAT YOU LEFT LOS ANGELES ON JANUARY 2, 1953, AND ARRIVED AT WEST PALM BEACH, FLORIDA, ON JANUARY 10, 1953.

WHILE UNDER AIR FORCE REGULATION 35-22, MEMBERS OF THE AIR FORCE ARE NOT REQUIRED TO USE ALL THE LEAVE ON ROUTE WHICH IS AUTHORIZED IN PERMANENT CHANGE OF STATION ORDERS, THE AMOUNT OF SUCH LEAVE WHICH IS REQUIRED TO BE ADDED TO THE DATE OF RELIEF FROM THE OLD STATION (DETACHMENT) TO DETERMINE THE EFFECTIVE DATE OF SUCH ORDERS UNDER PARAGRAPH 3003-1B, JOINT TRAVEL REGULATIONS, IS THE PROPER NUMBER OF DAYS CHARGEABLE AS LEAVE BASED ON THE DATE OF REPORTING FOR DUTY AT HIS NEW STATION. YOU DID NOT REPORT AT YOUR NEW PERMANENT STATION, SINCE YOUR ORDERS WERE REVOKED WHILE YOU WERE EN ROUTE THERE.

UNDER THE ORDERS OF DECEMBER 15, 1952, YOU WERE NOT REQUIRED TO COMMENCE TRAVEL UNTIL SUCH TIME AS WOULD ENABLE YOU TO REPORT AT YOUR NEW STATION NOT LATER THAN JANUARY 19, 1953. ALLOWING 13 DAYS' TRAVEL TIME AS PROVIDED IN SUCH ORDERS, YOU COULD HAVE LEFT WEST PALM BEACH, FLORIDA, ON JANUARY 6, 1953, AND ARRIVED AT CAMP STONEMAN ON OR BEFORE YOU WERE REQUIRED TO REPORT THERE FOR DUTY. HENCE, IRRESPECTIVE OF YOUR CONTENTION THAT YOU DID NOT INTEND TO TAKE LEAVE EN ROUTE BUT PLANNED TO REPORT AT CAMP STONEMAN ON DECEMBER 30, 1953, WITHIN THE AUTHORIZED TRAVEL TIME, IT MUST BE CONCLUDED THAT YOUR ORDERS WERE NOT EFFECTIVE FOR TRAVEL PURPOSES UNTIL AFTER RECEIPT BY YOU OF THE NOTICE TO RETURN TO YOUR OLD STATION. THEREFORE, YOU ARE NOT ENTITLED TO PAYMENT OF ANY MILEAGE FOR THE TRAVEL PERFORMED. YOUR RIGHTS IN THE MATTER ARE FIXED BY LAW AND REGULATIONS AND THIS OFFICE HAS NO AUTHORITY TO ALLOW MORE THAN THE AMOUNT SO FIXED.

WITH RESPECT TO YOUR REQUEST FOR RETURN OF THE PAPERS FURNISHED IN SUPPORT OF YOUR CLAIM, YOU ARE ADVISED THAT SUCH PAPERS CONSTITUTE YOUR CLAIM, WHICH HAS BEEN ACTED UPON BY THIS OFFICE, AND MAY NOT NOW BE RETURNED TO YOU.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 16, 1954, IS SUSTAINED.