B-125517, OCT. 28, 1960
Highlights
TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO AFAFC FORM 610-13 DATED MAY 2. MARCROFT'S ORIGINAL CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED AUGUST 25. WAS THE SUBJECT OF DECISIONS. ALL OF WHICH WERE ADDRESSED TO MR. WAS ADVISED THAT THE TRAVEL WAS NOT PERFORMED PURSUANT TO COMPETENT ORDERS AS REQUIRED BY LAW. THE CLAIM WAS FORWARDED HERE IN ACCORDANCE WITH INSTRUCTIONS IN 4 GA0 2065.40 WHICH PROVIDES THAT ANY PROTEST OR APPEAL FROM A SETTLEMENT MADE BY THE CLAIMS DIVISION OF OUR OFFICE WILL BE REFERRED PROMPTLY TO THAT DIVISION. HE WAS DIRECTED TO PROCEED ON THREE DAYS' TEMPORARY DUTY FROM HIS PERMANENT DUTY STATION. THE ASSISTANT SECRETARY ALSO DIRECTED THAT THE RECORDS BE FURTHER CORRECTED TO SHOW THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED AND UTILIZED FOR THIS PERIOD OF TEMPORARY DUTY.
B-125517, OCT. 28, 1960
TO THE SECRETARY OF THE AIR FORCE:
REFERENCE IS MADE TO AFAFC FORM 610-13 DATED MAY 2, 1960, RECEIVED FROM THE ADJUDICATIONS AND ADVISORY DIVISION, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, FORWARDING TO THE CLAIMS DIVISION OF THIS OFFICE FOR REVIEW AND FINAL DETERMINATION A VOUCHER, WITH SUPPORTING DOCUMENTS, STATED IN FAVOR OF HAROLD L. MARCROFT, AO 430597, FOR TRAVEL AND PER DIEM ALLOWANCES FOR TEMPORARY DUTY WHILE SERVING AS MAJOR, UNITED STATES AIR FORCE, RESULTING FROM THE CORRECTION OF HIS MILITARY RECORDS UNDER AUTHORITY OF 10 U.S.C. 1552.
MR. MARCROFT'S ORIGINAL CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED AUGUST 25, 1955, AND WAS THE SUBJECT OF DECISIONS, B 125517, DATED NOVEMBER 30, 1955, DECEMBER 27, 1955, MARCH 30, 1956, NOVEMBER 24, 1958, AND FEBRUARY 17, 1959, ALL OF WHICH WERE ADDRESSED TO MR. MARCROFT. ALSO, BY LETTER B-125517, DATED JULY 29, 1958, THE HONORABLE JOSEPH W. MARTIN, JR., HOUSE OF REPRESENTATIVES, WAS ADVISED THAT THE TRAVEL WAS NOT PERFORMED PURSUANT TO COMPETENT ORDERS AS REQUIRED BY LAW. THE CLAIM WAS FORWARDED HERE IN ACCORDANCE WITH INSTRUCTIONS IN 4 GA0 2065.40 WHICH PROVIDES THAT ANY PROTEST OR APPEAL FROM A SETTLEMENT MADE BY THE CLAIMS DIVISION OF OUR OFFICE WILL BE REFERRED PROMPTLY TO THAT DIVISION.
IN A CORRECTION OF RECORDS ACTION ANNOUNCED IN A MEMORANDUM FOR THE CHIEF OR STAFF DATED JUNE 2, 1959, THE ASSISTANT SECRETARY OF THE AIR FORCE DIRECTED THAT THE DEPARTMENT OF THE AIR FORCE RECORDS OF HAROLD L. MARCROFT BE CORRECTED TO SHOW THAT ON OR ABOUT OCTOBER 7, 1952, HE WAS DIRECTED TO PROCEED ON THREE DAYS' TEMPORARY DUTY FROM HIS PERMANENT DUTY STATION, CHARLESTON, WEST VIRGINIA, TO HEADQUARTERS, 26TH AIR DIVISION (DEFENSE), ROSLYN AIR FORCE STATION, ROSLYN, NEW YORK, AND THAT UPON COMPLETION OF THE TEMPORARY DUTY HE RETURNED TO HIS DUTY STATION. THE ASSISTANT SECRETARY ALSO DIRECTED THAT THE RECORDS BE FURTHER CORRECTED TO SHOW THAT TRAVEL BY PRIVATELY OWNED CONVEYANCE WAS AUTHORIZED AND UTILIZED FOR THIS PERIOD OF TEMPORARY DUTY, AND THAT TRAVEL TIME NECESSARY IN EXCESS OF THAT REQUIRED BY COMMON CARRIER (RAIL) WAS AUTHORIZED AS DELAY EN ROUTE CHARGEABLE AS LEAVE. CORRECTION OF THE RECORDS WAS ALSO DIRECTED TO SHOW THAT MR. MARCROFT PERFORMED THREE DAYS' TEMPORARY DUTY AT ROSLYN AIR FORCE BASE ON OCTOBER 12, 13 AND 14, 1952. MR. MARCROFT'S RECORDS HAVE BEEN CORRECTED ACCORDINGLY AND HIS PRESENT CLAIM IS BASED UPON HIS RECORDS AS CORRECTED.
MR. MARCROFT'S ORIGINAL CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION ON THE BASIS OF THE RECORD PRIOR TO ITS CORRECTION. ANY PROTEST OR APPEAL BY MR. MARCROFT FROM THAT SETTLEMENT ACTION ON THE BASIS OF SUCH RECORDS WOULD COME UNDER THE PROVISIONS OF 4 GAO 2065.40.
THE PRESENT CLAIM, HOWEVER, IS BASED UPON THE CORRECTION MADE IN MR. MARCROFT'S RECORDS UNDER THE PROVISIONS OF 10 U.S.C. 1552 AND HAS NOT BEEN CONSIDERED BY US ON THAT BASIS. FOR AN EXPRESSION OF OUR VIEWS AS TO OUR AUTHORITY TO CONSIDER CLAIMS BASED UPON A CORRECTION OF THE RECORDS, SEE THE DISCUSSION IN 34 COMP. GEN. 7, BEGINNING AT THE BOTTOM OF PAGE 9. SUCH CIRCUMSTANCES AND SINCE THE PROVISIONS OF 10 U.S.C. 1552 EXPRESSLY AUTHORIZE THE DEPARTMENT CONCERNED TO PAY CLAIMS FOR AMOUNTS FOUND DUE PURSUANT TO THE CORRECTION OF A MILITARY OR NAVAL RECORD, SUCH CLAIMS ARE NOT TO BE VIEWED AS COMING UNDER 4 GAO 2065.40, EVEN THOUGH A CLAIM BASED UPON THE RECORDS PRIOR TO CORRECTION HAS BEEN THE SUBJECT OF A SETTLEMENT BY OUR CLAIMS DIVISION. WHERE ANY DOUBT EXISTS AS TO THE LEGAL EFFECT OF A CORRECTION OF A MILITARY OR NAVAL RECORD, THE MATTER MAY, OF COURSE, BE SUBMITTED TO US FOR ADVANCE DECISION PURSUANT TO 31 U.S.C. 74.
MR. MARCROFT'S RECORDS HAVE BEEN CORRECTED TO SHOW THAT HE WAS DIRECTED TO PERFORM TEMPORARY DUTY AT ROSLYN AIR FORCE STATION AND THAT HE PERFORMED SUCH DUTY OCTOBER 12, 13 AND 14, 1952. ACCORDINGLY, IN OUR OPINION HE IS ENTITLED TO TRAVEL AND PER DIEM ALLOWANCES AS CLAIMED AND WE SEE NO REASON WHY PAYMENT ON THE SUBMITTED VOUCHER, RETURNED HEREWITH, SHOULD NOT BE MADE IF OTHERWISE PROPER.