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LEACH: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7. THE RECORD INDICATES THAT IN 1950 WHILE YOU WERE ON SUMMER VACATION AT LORADO. YOU WERE ORDERED TO RESERVE OFFICERS' TRAINING DUTY AT FORT HOOD. YOU CONTEND THAT SINCE YOU RECEIVED THE ORDERS IN LORADO YOU SHOULD HAVE BEEN PAID FOR TRAVEL FROM THAT POINT. MILEAGE MAY BE PAID ONLY FOR THE DISTANCE FROM HIS HOME UNLESS THE ORDERS ARE ADDRESSED TO A TEMPORARY ADDRESS. SINCE THE ORDERS WERE ADDRESSED TO YOU AT COLLEGE STATION. YOU WERE ENTITLED TO BE PAID TRAVEL ALLOWANCES ONLY FOR TRAVEL FROM COLLEGE STATION. RATHER THAN FROM LORADO WHERE YOU WERE ON VACATION WHEN THE ORDERS WERE RECEIVED. SINCE YOU WERE PAID ON THAT BASIS ON ADDITIONAL AMOUNT IS DUE FOR THAT TRAVEL.

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B-147477, NOV. 8, 1961

TO MR. WAULDRON D. LEACH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 1, 1959, WHICH DISALLOWED YOUR CLAIMS FOR (1) ADDITIONAL MILEAGE FOR TRAVEL FROM LORADO, WEST VIRGINIA, TO FORT HOOD, TEXAS; (2) PARTIAL REFUND OF AMOUNTS PREVIOUSLY PAID TO LIQUIDATE YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM OVERPAYMENT OF TRAVEL ALLOWANCE FROM SAN FRANCISCO, CALIFORNIA, TO FORT BENNING, GEORGIA, AND (3) REFUND OF EXCESS COST COLLECTED FROM YOU FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM FORT BENNING, GEORGIA, TO LUBBOCK, TEXAS, INCIDENT TO YOUR SERVICE AS LIEUTENANT, UNITED STATES ARMY RESERVE.

THE RECORD INDICATES THAT IN 1950 WHILE YOU WERE ON SUMMER VACATION AT LORADO, WEST VIRGINIA, YOU WERE ORDERED TO RESERVE OFFICERS' TRAINING DUTY AT FORT HOOD, TEXAS. YOU CONTEND THAT SINCE YOU RECEIVED THE ORDERS IN LORADO YOU SHOULD HAVE BEEN PAID FOR TRAVEL FROM THAT POINT. PARAGRAPH 16, ARMY REGULATIONS 35-4820, JANUARY 30, 1948, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN AN OFFICER RECEIVES ORDERS FOR ACTIVE DUTY AT A POINT MORE DISTANT FROM THE PLACE OF SUCH DUTY THAN HIS HOME, MILEAGE MAY BE PAID ONLY FOR THE DISTANCE FROM HIS HOME UNLESS THE ORDERS ARE ADDRESSED TO A TEMPORARY ADDRESS. SINCE THE ORDERS WERE ADDRESSED TO YOU AT COLLEGE STATION, TEXAS, AND DIRECTED YOU TO PROCEED FROM THAT PLACE TO FORT HOOD, YOU WERE ENTITLED TO BE PAID TRAVEL ALLOWANCES ONLY FOR TRAVEL FROM COLLEGE STATION, TO FORT HOOD, TEXAS, RATHER THAN FROM LORADO WHERE YOU WERE ON VACATION WHEN THE ORDERS WERE RECEIVED. SINCE YOU WERE PAID ON THAT BASIS ON ADDITIONAL AMOUNT IS DUE FOR THAT TRAVEL.

YOU WERE RETURNED TO THE UNITED STATES FROM AN OVERSEAS STATION BY PARAGRAPH 19, SPECIAL ORDERS NO. 289, DATED OCTOBER 19, 1955, AS IMPLEMENTED BY PARAGRAPH 66, SPECIAL ORDERS NO. 290 DATED OCTOBER 20, 1955, AND LETTER ORDER 10-1400, DATED OCTOBER 21, 1955, WITH EMERGENCY LEAVE AUTHORIZED AT COLUMBUS, GEORGIA. BY ORDERS OF THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, YOU WERE ASSIGNED TO DUTY AT FORT BENNING, COLUMBUS, GEORGIA, YOU WERE PAID $220.26 FOR TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO COLUMBUS, GEORGIA. HOWEVER, SINCE TRAVEL FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C., WAS BY GOVERNMENT PLANE YOU WERE ENTITLED TO BE PAID ONLY FOR TRAVEL FROM THE LATTER CITY TO COLUMBUS, GEORGIA. CONSEQUENTLY, EXCEPTION WAS TAKEN TO THE PAYMENT OF $132 AS EXCESS MILEAGE, RESULTING IN YOUR INDEBTEDNESS TO THE UNITED STATES IN THAT AMOUNT WHICH YOU HAVE REDUCED TO $62 BY MONTHLY PAYMENTS OF $5 INCLUDING THE PAYMENT OF OCTOBER 8, 1961. SINCE YOU WERE CLEARLY OVERPAID FOR THAT TRAVEL THERE IS NO BASIS ON WHICH ANY PORTION OF THE AMOUNT REMITTED BY YOU MAY BE RETURNED. ON THE CONTRARY, YOU SHOULD CONTINUE TO MAKE REMITTANCES UNTIL THE INDEBTEDNESS IS LIQUIDATED.

BY PARAGRAPH 23, SPECIAL ORDERS NO. 79, DATED APRIL 23, 1956, FORT BENNING, GEORGIA, YOU WERE RELEASED FROM ACTIVE DUTY AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, RISING STAR, TEXAS, IT BEING SHOWN THAT YOUR MAILING ADDRESS WOULD BE TEXAS TECH COLLEGE, LUBBOCK, TEXAS. YOU WERE PAID MILEAGE FOR TRAVEL FROM FORT BENNING, GEORGIA, TO RISING START, TEXAS, AND WERE REIMBURSED FOR YOUR WIFE'S TRAVEL FROM FORT BENNING TO LUBBOCK NOT TO EXCEED FROM FORT BENNING TO RISING STAR. AT YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM FORT BENNING TO LUBBOCK AND YOU PAID THE EXCESS COST ($28.72) INVOLVED. IT IS YOUR CONTENTION THAT SINCE YOU WERE ATTENDING TEXAS TECH COLLEGE AT LUBBOCK, TEXAS, WHEN YOU WERE CALLED TO ACTIVE DUTY AND ELECTED TO RETURN THERE UPON TERMINATION OF ACTIVE DUTY YOU ARE ENTITLED TO REFUND OF THE EXCESS COST. IN THIS CONNECTION YOU REFER TO PARAGRAPH 8009-5 OF THE JOINT TRAVEL REGULATIONS, CHANGE 43, DATED FEBRUARY 1, 1956.

PARAGRAPH 1150-3 OF THE JOINT TRAVEL REGULATIONS DEFINES "HOME OF RECORD" AS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN ORDERED TO THE RELEVANT TOUR OF ACTIVE DUTY. PARAGRAPH 8009-5 OF THE JOINT TRAVEL REGULATIONS, CHANGE 43, DATED FEBRUARY 1, 1956, PROVIDES THAT A MEMBER RELIEVED OF ACTIVE DUTY WILL BE ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS FROM HIS LAST DUTY STATION OR THE PLACE TO WHICH SUCH GOODS WERE PREVIOUSLY SHIPPED AT GOVERNMENT EXPENSE, TO THE PLACE THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL UNDER PARAGRAPH 4157. PARAGRAPH 4157 OF THE SAME REGULATIONS PROVIDES THAT A MEMBER RELIEVED FROM ACTIVE DUTY WILL BE ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY AS THE MEMBER MAY ELECT. WHILE YOU MAY HAVE BEEN AT LUBBOCK, TEXAS, WHEN ORDERED TO ACTIVE DUTY IT APPEARS THAT BY PARAGRAPH 8, SPECIAL ORDERS NO. 173, DATED JULY 30, 1953, YOU WERE ORDERED TO ACTIVE DUTY FROM RISING STAR, TEXAS, WHICH PLACE WAS RECORDED AS YOUR HOME. SINCE YOU WERE NOT ORDERED TO ACTIVE DUTY FROM LUBBOCK, TEXAS, YOU DID NOT HAVE THE RIGHT OF ELECTION OF TRAVEL ALLOWANCES TO THAT CITY BUT NECESSARILY WERE LIMITED TO TRAVEL ALLOWANCES TO RISING STAR, TEXAS, THE PLACE WHICH YOU LISTED AS YOUR HOME ADDRESS AND THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY. THEREFORE, WHILE YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO LUBBOCK ON A GOVERNMENT BILL OF LADING AS AN ACCOMMODATION TO YOU, YOU PROPERLY WERE CHARGED WITH THE EXCESS COST INVOLVED IN SHIPMENT FOR A GREATER DISTANCE THAN FROM FORT BENNING, GEORGIA, TO RISING STAR, TEXAS, AND THERE IS NO BASIS ON THE RECORD BEFORE US FOR REFUNDING ANY PORTION OF THE COST.

THE SETTLEMENT OF OCTOBER 1, 1959, PROPERLY DISALLOWED YOUR CLAIMS AND IS SUSTAINED.

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