B-144790, FEB. 16, 1961

B-144790, FEB. 16, 1961

TO LIEUTENANT LYNN A. BLATTER, DC, USNR:

YOUR LETTER OF DECEMBER 14, 1960, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF NOVEMBER 21, 1960, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM ST. LOUIS, MISSOURI, TO IDAHO FALLS, IDAHO.

BY BUREAU OF NAVAL PERSONNEL ORDERS DATED APRIL 22, 1960,ADDRESSED TO YOU AT YOUR HOME OR RECORD, 2900 26TH STREET, IDAHO FALLS, IDAHO, YOU WERE DIRECTED, UPON ACCEPTANCE OF APPOINTMENT, TO PROCEED AND REPORT TO THE MEDICAL OFFICER DESIGNATED IN THE FIRST ENDORSEMENT FOR PHYSICAL EXAMINATION. IF FOUND PHYSICALLY QUALIFIED YOU WERE TO RETURN IMMEDIATELY TO YOUR HOME AND UPON ARRIVAL TO CONSIDER YOURSELF RELEASED FROM ACTIVE DUTY UNTIL SUCH TIME AS NECESSARY TO PROCEED TO CONCORD, CALIFORNIA, WHERE YOU WERE TO REPORT TO THE COMMANDING OFFICER, NAVAL AMMUNITION DEPOT, BETWEEN JULY 12 AND 19, 1960, FOR ACTIVE DUTY. THE FIRST ENDORSEMENT, DATED APRIL 28, 1960, DIRECTED YOU TO REPORT TO THE OFFICER IN CHARGE, U.S. NAVY RECRUITING STATION, ST. LOUIS, MISSOURI, FOR PHYSICAL EXAMINATION. YOUR ITINERARY ON THE SAME ENDORSEMENT SHOWS THAT YOU RECEIVED THE ORDERS ON MAY 16, 1960, IN ST. LOUIS, MISSOURI; THAT YOU WERE EXAMINED IN THAT CITY ON JUNE 6, 1960, AND FOUND PHYSICALLY QUALIFIED; THAT YOU RETURNED TO YOUR RESIDENCE IN ST. LOUIS ON THE SAME DAY, AND THAT YOU TRAVELED FROM THAT CITY TO CONCORD, CALIFORNIA, DURING THE PERIOD JUNE 11 TO JULY 18, 1960. ON JULY 25, 1960, YOU WERE PAID MILEAGE FOR YOUR TRAVEL AND FOR TRAVEL OF YOUR DEPENDENTS BASED ON THE DISTANCE FROM IDAHO FALLS TO CONCORD. YOU THEN FILED A CLAIM FOR THE AMOUNT DUE AS THE DIFFERENCE BETWEEN TRAVEL FROM ST. LOUIS TO CONCORD AND IDAHO FALLS TO CONCORD FOR YOURSELF AND DEPENDENTS, STATING THAT SINCE YOU WERE RESIDING IN ST. LOUIS WHEN YOU RECEIVED THE ORDERS YOU COULD NOT PROCEED FROM IDAHO FALLS TO TAKE THE PHYSICAL EXAMINATION NOR DID YOU RETURN THERE AFTERWARDS IN COMPLIANCE WITH THE ORDERS, BUT THAT YOU REPORTED FOR THE EXAMINATION IN ST. LOUIS AND THAT YOU REMAINED THERE UNTIL NECESSARY TO PROCEED TO CONCORD. THAT CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 17, 1960, CITING PARAGRAPH 4156, CASE 1, OF THE JOINT TRAVEL REGULATIONS.

YOUR PRESENT CLAIM, BASED ON YOUR OWN TRAVEL FROM ST. LOUIS TO IDAHO FALLS DURING THE PERIOD JUNE 11 TO 28, 1960, WAS DISALLOWED BY THE SETTLEMENT OF NOVEMBER 21, 1960, IN WHICH IT WAS STATED THAT YOUR ITINERARY DID NOT SHOW TRAVEL TO IDAHO FALLS. IN YOUR PRESENT LETTER YOU SAY THAT YOUR FAILURE TO MENTION TRAVEL TO IDAHO FALLS IN THE ITINERARY WAS AN ERROR ON YOUR PART; THAT YOU TRAVELED FROM ST. LOUIS TO IDAHO FALLS EN ROUTE TO CONCORD; THAT SUCH TRAVEL WAS IN COMPLIANCE WITH YOUR ORDERS, AND THAT YOU BELIEVE YOU SHOULD BE PAID FOR IT.

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). THOSE REGULATIONS PROVIDE IN PARAGRAPH 4156, CASE 1, CHANGE 89, DATED FEBRUARY 1, 1960, THAT WHEN PERMANENT CHANGE OF STATION ORDERS ARE RECEIVED AT A PLACE OTHER THAN THE PLACE TO WHICH THE ORDERS ARE ADDRESSED, TRAVEL ALLOWANCES ARE PAYABLE FROM THE PLACE OF RECEIPT OF ORDERS NOT TO EXCEED THE AMOUNT PAYABLE FOR THE DISTANCE FROM THE OFFICIAL RESIDENCE OR THE PLACE ADDRESSED. SINCE YOUR ORDERS WERE ADDRESSED TO YOU AT YOUR HOME OF RECORD, IDAHO FALLS, IDAHO, AND WERE RECEIVED AT ST. LOUIS, MISSOURI, YOU WERE ENTITLED TO BE PAID FOR TRAVEL FROM ST. LOUIS TO YOUR PERMANENT DUTY STATION BUT NOT TO EXCEED THE ENTITLEMENT FROM IDAHO FALLS. YOU WERE PAID ON THAT BASIS. WHILE YOUR ORDERS AS ENDORSED CONTEMPLATED THAT YOU WOULD TRAVEL FROM IDAHO FALLS TO ST. LOUIS FOR THE PURPOSE OF TAKING A PHYSICAL EXAMINATION AND THAT YOU WOULD IMMEDIATELY RETURN TO IDAHO FALLS UNTIL NECESSARY TO PROCEED TO CONCORD IT SEEMS CLEAR THAT YOU DID NOT ACTUALLY PERFORM ANY TRAVEL IN CONNECTION WITH THE PHYSICAL EXAMINATION. WHILE YOU MAY HAVE TRAVELED TO IDAHO FALLS EN ROUTE TO YOUR DUTY STATION FROM THE PLACE WHERE THE ORDERS WERE RECEIVED, SUCH TRAVEL DID NOT INCREASE YOUR ENTITLEMENT UNDER THE CONTROLLING REGULATIONS.

THERE BEING NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF NOVEMBER 21, 1960, IS SUSTAINED.