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B-187298 1 (1977-03-21)

handle is hein.gao/gaobadszw0001 and id is 1 raw text is: 

                                     DIGEST,772
                            o        THE COMPTROLLER GENERAL
        DECISION         •           OF THE UNITEO STATES

                            UIN JT~


        FILE: B-187298                      DATE:     VA    -

        MATTER OF: Major                       USAF


        DIGEST: (1) When military personnel are assigned
                       to temporary duty, and in fact com-

                       an obligation to return to their
                       permanent duty station as soon as
                       practicable or bear the burden of
                       the additional expenses incurred and
                       be charged leave in connection with
                       the delay.

                  (2) When there is a disagreement as to
                       the facts of a situation, the
                       burden is upon the claimant to
                       supply legally sufficient evidence
                       to overcome the presumption of
                       correctness granted to the admin-
                       istratively reported facts.

                  (3) Air Force officer may be allowed an
                       additional day of travel time with
                       per diem and without charge to leave
                       in computing constructive travel
                       time since he was given routing
                       instructions which would require
                       additional day and, otherwise, he
                       would have been required to be on
                       duty for 18 hours without rest.
                       However, no per diem may be allowed
                       for one other day he spent in travel
                       in excess of constructive travel
                       time, and charge to leave for that
                       day appears proper.

            This action is in response to a letter dated July 21, 1976,
        from Major                 , USAF,             appealing our
        Claims Division's June 2, 1976 settlement disallowing his claim
        for recrediting of the leave charged and additional per diem and


        jb




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