B-152711, NOV. 15, 1963

B-152711, NOV. 15, 1963

TO MR. FRANCIS S. PACILEO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 3, 1963, IN WHICH YOU REQUEST RECONSIDERATION OF SETTLEMENT DATED SEPTEMBER 30, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM BELIEVED DUE YOU WHILE ON TEMPORARY ADDITIONAL DUTY AS COMMISSARY MAN, THIRD CLASS, UNITED STATES COAST GUARD, FROM MARCH 31 THROUGH AUGUST 29, 1958.

BY TRAVEL ORDER NO. 52890/0319, DATED MARCH 30, 1958, YOU WERE ORDERED FROM COAST GUARD GROUP, MORICHES LIFEBOAT STATION, EAST MORICHES, LONG ISLAND, NEW YORK, TO COAST GUARD SUPPLEMENTAL RADIO STATION, FIRE ISLAND, LONG ISLAND, NEW YORK, TO REPORT NOT LATER THAN MARCH 31, 1958, FOR TEMPORARY ADDITIONAL DUTY OF APPROXIMATELY 21 DAYS UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR STATION AND RESUME YOUR REGULAR DUTIES. BY FIRST ENDORSEMENT DATED APRIL 9, 1958, YOUR ORDERS WERE AMENDED TO PROVIDE FOR PER DIEM IN ACCORDANCE WITH PARAGRAPH 4250-5 OF THE JOINT TRAVEL REGULATIONS. BY SECOND ENDORSEMENT DATED MAY 21, 1958, THEY WERE AMENDED TO PROVIDE FOR TEMPORARY ADDITIONAL DUTY OF APPROXIMATELY SIXTY DAYS AND ON AUGUST 30, 1958, THEY WERE FURTHER AMENDED TO TERMINATE THE TEMPORARY DUTY ON AUGUST 29, 1958.

THE RECORD SHOWS THAT YOU WERE PAID PER DIEM FOR THE PERIOD OF TEMPORARY DUTY FROM MARCH 31 THROUGH AUGUST 29, 1958, LESS THE PERIODS FROM FRIDAY AFTERNOON TO MONDAY MORNING EACH WEEKEND, DURING WHICH TIME IT WAS ADMINISTRATIVELY STATED YOU WERE IN A LIBERTY STATUS ON THE MAINLAND, IN THE VICINITY OF YOUR PERMANENT DUTY STATION WHERE MESSING FACILITIES AND QUARTERS WERE AVAILABLE. ALSO, THE VOUCHER MAKING PAYMENT CONTAINS A MEMORANDUM ENDORSEMENT SIGNED BY YOU IN WHICH YOU STATE THAT YOU SPENT THESE WEEKENDS AT YOUR HOME IN A LIBERTY STATUS. IT IS INDICATED FURTHER THAT YOUR HOME WAS WITHIN COMMUTING DISTANCE OF YOUR PERMANENT DUTY STATION.

YOU SAY THAT YOU WERE THE COOK AND COMMISSARY MAN FOR YOUR UNIT, THAT YOU HAD TO BUY ALL THE FOOD FOR THE UNIT ON THE MAINLAND ON WEEKENDS, AND THAT SINCE THE COAST GUARD BOAT DID NOT MAKE ANY SPECIAL TRIPS TO FIRE ISLAND WITH FOOD SUPPLIES, YOU HAD TO STORE THE FOOD AND KEEP THE MEAT SUPPLY REFRIGERATED UNTIL THE BOAT PICKED UP THE MEMBERS RETURNING ON MONDAY FROM WEEKEND LIBERTY. FOR THAT REASON, YOU BELIEVE YOU ARE ENTITLED TO PER DIEM FOR THESE DAYS.

YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED IN THE SETTLEMENT OF SEPTEMBER 30, 1963. IN YOUR LETTER OF OCTOBER 3, 1963, YOU STATE, IN EFFECT, THAT BECAUSE OF THE SHORTAGE OF COAST GUARD BOATS AND SINCE YOUR UNIT COULD ONLY GET FOOD SUPPLIES WHEN THE BOAT PICKED UP THE LIBERTY PARTY ON MONDAY, THE STATION ISSUED VERBAL ORDERS FOR YOU TO GO WITH THE LIBERTY PARTY ON FRIDAY IN ORDER TO SECURE FOOD SUPPLIES AND RETURN WITH THEM ON MONDAY. YOU ALSO REQUEST A HEARING WHEREIN YOU COULD JUSTIFY YOUR CLAIM.

PARAGRAPHS 3000 AND 3001 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDE THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED UNLESS THE TRAVEL IS PERFORMED UNDER EXISTING WRITTEN ORDERS OF COMPETENT AUTHORITY. PARAGRAPH 3002 PROVIDES FOR REIMBURSEMENT FOR TRAVEL PERFORMED UNDER VERBAL ORDERS GIVEN IN ADVANCE OF TRAVEL, IF SUCH VERBAL ORDERS SUBSEQUENTLY ARE CONFIRMED IN WRITING AND APPROVED BY COMPETENT AUTHORITY. THE ORDERS OF MARCH 30, 1958, DIRECTED YOU TO PERFORM TEMPORARY ADDITIONAL DUTIES AT THE COAST GUARD SUPPLEMENTAL RADIO STATION, FIRE ISLAND, NEW YORK, AND DID NOT PROVIDE FOR YOUR TRAVEL ON OFFICIAL BUSINESS AWAY FROM FIRE ISLAND EXCEPT UPON COMPLETION OF SUCH TEMPORARY ADDITIONAL DUTY. NO OTHER WRITTEN ORDERS APPEAR TO HAVE BEEN ISSUED WHICH DIRECTED YOUR TRAVEL AWAY FROM AND RETURN TO FIRE ISLAND FOR THE PURPOSE OF SECURING COMMISSARY SUPPLIES. EVEN THOUGH YOU UNDERTOOK TO SECURE THE FOOD SUPPLIES DURING THE WEEKENDS ON THE BASIS OF VERBAL ORDERS, SUCH ORDERS WERE NOT CONFIRMED IN WRITING AND APPROVED BY COMPETENT AUTHORITY AS REQUIRED BY THE REGULATIONS REFERRED TO ABOVE.

FURTHERMORE, IT WAS ADMINISTRATIVELY REPORTED THAT DURING THOSE WEEKENDS FOR WHICH YOU ARE CLAIMING PER DIEM YOU WERE IN AN AUTHORIZED LIBERTY STATUS AND IN ACCORDANCE WITH YOUR OWN STATEMENT YOU SPENT THAT TIME AT YOUR HOME IN ST. JAMES, NEW YORK. FOR SUCH REASONS, SETTLEMENT OF SEPTEMBER 30, 1963, IS SUSTAINED.

WITH RESPECT TO YOUR REQUEST FOR A HEARING, IT MAY BE POINTED OUT THAT THE DISPOSITION OF CLAIMS IS BASED UPON THE WRITTEN RECORD. HOWEVER, IF YOU DESIRE A PERSONAL CONFERENCE, YOU MAY CALL AT THIS OFFICE, 441 G STREET, N.W., WASHINGTON, D.C., BETWEEN THE HOURS OF 8:15 A.M. AND :45 P.M., MONDAY THROUGH FRIDAY (EXCLUDING HOLIDAYS) AND A REPRESENTATIVE OF THIS OFFICE WILL BE PLEASED TO DISCUSS THE MATTER WITH YOU.