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B-198764 1 (1981-01-06)

handle is hein.gao/gaobadiug0001 and id is 1 raw text is: - ~ -./-~. DECISION FILE: B-198764 MATTER OF:John A. Whiteley DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: January 6, 198- Air Force captain claims reimbursement for expenses incurred while accompanying hi4s dependent wife for medical treatmen9 The claim is denied since permissive temporary duty with no travel expense or per diem was intentionally authorized by his superior, and travel orders may not be revised retroactively so as to increase or decrease the entitlement which vested at the point at which the travel was completed, unless such revision is necessary to bring the order into conformity with the superior's original intent. By letter dated March 12, 1980, Major John Whiteley, USAF appeals the settlement issued by our Claims Division, which enied his claim for reimbursement of actual expenses incurred while accompanying his wife for medical treatmentD) It is well established that travel orders may not be revoked or modified retroactively so as to increase or decrease the rights or benefits which have been fixed under the applicable statutes and regulations, except when an error is apparent on the face of the order and all facts and circumstances clearly demonstrate that some provision previously determined and definitely intended has been omitted through error or inadvertence in preparing the orders. Because Captain Whiteley has not demonstrated that his case fits into this excepted category, we concur with the settlement of the Claims Division. On August 8, 1975, Major Whiteley requested approval of non-medical attendant and/or permissive TDY orders for a 10-day '=riod durin September 1975, so that he might accompany his pregnant wife from Woomera, Australia,to Adelaide, Australia, for medical treatment. In support of his application, Major Whiteley submitted a 'etter from his wife's attending physician, in which the physician indicated that since the latter stages of Mrs. Whiteley's pregnancy might prove complicated, he would I H 120

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