B-176345, OCT 4, 1972
Highlights
TRAVEL ALLOWANCE REIMBURSEMENT IS PERMITTED MEMBERS OF THE UNIFORMED SERVICES ONLY IF THE TRAVEL IS AUTHORIZED BY ORDERS ISSUED BY COMPETENT AUTHORITY PRIOR TO THE TRAVEL. 37 U.S. THE CLAIM WAS PROPERLY DENIED. ZDANOWSKI: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6. IT IS TO BE NOTED THAT THE ORDERS FAIL TO STATE WHEN THE VERBAL ORDERS OF THE COMMANDING OFFICER WERE ACTUALLY GIVEN. THAT IS. THAT YOU THEN DECIDED TO MAKE UP THE ORDERS FOR ALL ROUND TRIPS YOU HAD MADE AND THAT THE FACTS WERE TAKEN FROM YOUR MEDICAL RECORDS AND MADE INTO ORDERS. IT THUS APPEARS THAT AT THE TIME OF YOUR TRAVEL YOU DID NOT HAVE VERBAL ORDERS AUTHORIZING SUCH TRAVEL. PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 404(A) - THE STATUTORY AUTHORITY GRANTING TRAVEL AND TRANSPORTATION ALLOWANCES TO A MEMBER OF A UNIFORMED SERVICE WHEN HE IS AWAY FROM HIS DESIGNATED POST OF DUTY - PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR.
B-176345, OCT 4, 1972
MILITARY PERSONNEL - TRAVEL ALLOWANCE - VERBAL ORDERS DECISION AFFIRMING DISALLOWANCE OF THE CLAIM OF SP5 MARIAN J. ZDANOWSKI FOR TEMPORARY DUTY TRAVEL ALLOWANCE INCIDENT TO TRAVEL FROM NEU ULM, GERMANY, TO MUNICH, GERMANY. TRAVEL ALLOWANCE REIMBURSEMENT IS PERMITTED MEMBERS OF THE UNIFORMED SERVICES ONLY IF THE TRAVEL IS AUTHORIZED BY ORDERS ISSUED BY COMPETENT AUTHORITY PRIOR TO THE TRAVEL. 37 U.S. C. 404A. VERBAL ORDERS MUST BE CONFIRMED IN WRITING WITHIN A REASONABLE TIME TO BE ACCEPTABLE. JTR, PARAGRAPH M3002-2. SINCE A PERIOD OF SEVEN MONTHS ELAPSED BETWEEN THE PERFORMANCE OF THE TRAVEL AND THE ISSUANCE OF THE ORDERS, THE CLAIM WAS PROPERLY DENIED.
TO SP5 MARIAN J. ZDANOWSKI:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 6, 1972, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OUR TRANSPORTATION AND CLAIMS DIVISION DATED MAY 31, 1972, DISALLOWING YOUR CLAIM FOR TEMPORARY DUTY TRAVEL ALLOWANCES.
YOU STATED THAT YOU HAD APPOINTMENTS AT THE ENT CLINIC, U.S. ARMY HOSPITAL, MUNICH, GERMANY, ON OCTOBER 31 AND NOVEMBER 14, 1969, AND APRIL 9 AND MAY 18, 1970, AND THAT YOU TRAVELLED BY PRIVATE AUTOMOBILE FROM YOUR STATION AT NEU ULM, GERMANY, TO THE CLINIC AT MUNICH ON EACH OF THE ABOVE DATES. AT THE TIME YOU TRAVELLED YOU HAD NOT RECEIVED ORDERS AUTHORIZING TRAVEL OR PER DIEM FOR THE PERIODS INVOLVED. SUBSEQUENT TO YOUR TRAVEL THE RECORD SHOWS THAT LETTER ORDER NUMBER 06 17, DATED JUNE 18, 1970, HEADQUARTERS, 1ST BATTALION, 81ST ARTILLERY, ATTEMPTED TO RETROACTIVELY GIVE YOU TEMPORARY DUTY AT THE ENT CLINIC, USAH, MUNICH, ON OCTOBER 31 AND NOVEMBER 14, 1969, AND APRIL 9 AND MAY 18, 1970, WITH THE NOTATION FOR EACH DATE "VOCO CFM". IT IS TO BE NOTED THAT THE ORDERS FAIL TO STATE WHEN THE VERBAL ORDERS OF THE COMMANDING OFFICER WERE ACTUALLY GIVEN, THAT IS, PRIOR TO OR AFTER EACH OF THE INDICATED DATES OF TRAVEL.
IN YOUR LETTER OF JUNE 6, 1972 APPEALING THE DENIAL OF YOUR CLAIM YOU STATE THAT YOU HAD NOT RECEIVED ANY ORDERS FOR YOUR APPOINTMENT TO GO TO THE U.S. ARMY HOSPITAL, MUNICH, GERMANY; THAT YOU DID NOT INTEND TO RECEIVE ANY ORDERS BECAUSE YOU THOUGHT YOU WOULD NOT MAKE ANY FUTURE TRIPS TO THE HOSPITAL; THAT YOU THEN DECIDED TO MAKE UP THE ORDERS FOR ALL ROUND TRIPS YOU HAD MADE AND THAT THE FACTS WERE TAKEN FROM YOUR MEDICAL RECORDS AND MADE INTO ORDERS. IT THUS APPEARS THAT AT THE TIME OF YOUR TRAVEL YOU DID NOT HAVE VERBAL ORDERS AUTHORIZING SUCH TRAVEL.
PARAGRAPH M3000 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 404(A) - THE STATUTORY AUTHORITY GRANTING TRAVEL AND TRANSPORTATION ALLOWANCES TO A MEMBER OF A UNIFORMED SERVICE WHEN HE IS AWAY FROM HIS DESIGNATED POST OF DUTY - PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH M3002-1 OF THE REGULATIONS PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO AND PARAGRAPH M3002-2 PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF THE VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENTS FOR WRITTEN ORDERS. THIS AUTHORITY IS CONSIDERED TO CONTEMPLATE ONLY THOSE SITUATIONS WHERE EXIGENCIES OF THE SERVICE MAKE UNFEASIBLE THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF TRAVEL AND THE DEFICIENCY IS REMEDIED AT THE EARLIEST PRACTICABLE TIME BY THE ISSUANCE OF WRITTEN CONFIRMING ORDERS.
WHILE IT APPEARS THAT CONFIRMATORY ORDERS WERE ISSUED ON JUNE 18, 1970, THOSE ORDERS DO NOT APPEAR TO SATISFY THE REQUIREMENTS OF PARAGRAPH M3002- 2 OF THE JOINT TRAVEL REGULATIONS SINCE THEY WERE ISSUED LONG AFTER THE PURPORTED ISSUANCE OF VERBAL ORDERS. INDEED, YOU STATE IN YOUR JUNE 6, 1972, LETTER TO THIS OFFICE THAT YOU NEVER RECEIVED ANY ORDERS INCIDENT TO YOUR APPOINTMENTS AT THE HOSPITAL.
IT HAS LONG BEEN THE RULE THAT VERBAL ORDERS, IF GIVEN, MUST BE CONFIRMED IN WRITING WITHIN A REASONABLE TIME IN ORDER TO BE ACCEPTED. SINCE OVER SEVEN MONTHS ELAPSED BETWEEN YOUR FIRST TRAVEL AND THE ISSUANCE OF THE ORDERS PURPORTING TO AUTHORIZE SUCH TRAVEL AND NO EXPLANATION IS AVAILABLE FOR THE LONG DELAY, IT CANNOT BE HELD THAT THE WRITTEN ORDERS WERE ISSUED WITHIN A REASONABLE TIME SO AS TO ALLOW PAYMENT FOR YOUR TRAVEL.
ACCORDINGLY, THE SETTLEMENT OF MAY 31, 1972, DISALLOWING YOUR CLAIM IS SUSTAINED.