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B-216466 1 (1984-11-14)

handle is hein.gao/gaobadlzy0001 and id is 1 raw text is: THE COMPTROLLER ENERAL DECISION M OP THE3 UNITEO STATUEI WASHINGTON, 0. C. 20548 FILE: B-216466 DATE: 'ovember 14, 1984 MATTER OF: Major Jean-Francois J. Romey, USAR DIGEST: 1. Orders of an Army reservist who agreed to perform inactive duty training and active duty without pay, may not be amended to retroactively place the member in a pay status if the intent was clearly that his orders were for duty in a nonpay status. The general rule is that only when orders are incomplete or ambiguous or when a provision is omitted through error or inadvertence, may they be amended retro- actively to increase the liability of the Government. 2. Assurances by superior officers to an Army reservist that if funds became available he would be paid for duty, when orders are to the contrary, are not a basis for allowing a claim for pay since, absent specific authority, the United States is not liable for the erroneous advice given by its officers, agents, or employees even though given in the performance of their official duties. Major Jean-Francois J. Romey, USAR, requests reconsid- eration of our Claims Group's April 17, 1984 denial of his claim for pay and allowances for service he performed during the period of March 6 to August 4, 1982. We find that he is not entitled to the pay he claims. BACKGROUND During the period in question, March 6 through August 4, 1982, Major Romey (then Captain Romey), served at Headquarters, Sixth U.S. Army, as Reserve mobilization planning officer for a project known as MOBEX 82. Prior to his beginning this period of duty, the Army informed Major Romey that funds were not available to pay him. The offer was made to Major Romey to begin his tour of duty without pay, for an accumulation of retirement points only. It appears from the record that he was also told that if 0O05141

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