B-125517, NOV 24, 1958
Highlights
MARCROFT: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29. THE RECORD SHOWS THAT PAYMENT OF YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE AIR FORCE. THAT IT WAS DISALLOWED BY OUR SETTLEMENT OF AUGUST 25. THAT IT HAS BEEN RECONSIDERED ON SEVERAL OCCASIONS AND THAT YOU HAVE BEEN ADVISED THERE IS NO LEGAL BASIS FOR ITS PAYMENT. THE REQUIREMENT OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT VERBAL ORDERS MUST BE CONFIRMED WITHIN A REASONABLE TIME AFTER THE ORDERS ARE ISSUED HAS BEEN IN EFFECT FOR SEVERAL YEARS. THE RULE IS BASED UPON THE FACT THAT THE CONTENT OF VERBAL ORDERS IS UNRECORDED AND HENCE CONFIRMATORY ORDERS NECESSARILY MUST BE PREPARED FROM MEMORY. IF SUCH WRITTEN ORDERS ARE TO BE OF SUFFICIENT ACCURACY TO PERMIT THE PAYMENT OF PUBLIC FUNDS ON THE BASIS THEREOF.
B-125517, NOV 24, 1958
PRECIS-UNAVAILABLE
MR. HAROLD L. MARCROFT:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29, 1958, RELATIVE TO YOUR CLAIM FOR TRAVEL AND PER DIEM ALLOWANCES FOR TEMPORARY DUTY WHILE SERVING AS MAJOR, UNITED STATES AIR FORCE.
THE RECORD SHOWS THAT PAYMENT OF YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE AIR FORCE; THAT IT WAS DISALLOWED BY OUR SETTLEMENT OF AUGUST 25, 1955, THAT IT HAS BEEN RECONSIDERED ON SEVERAL OCCASIONS AND THAT YOU HAVE BEEN ADVISED THERE IS NO LEGAL BASIS FOR ITS PAYMENT. IN YOUR PRESENT LETTER YOU QUESTION THE AUTHORITY FOR DENYING PAYMENT OF YOUR CLAIM ON THE BASIS OF EXCESSIVE DELAY IN THE ISSUANCE OF CONFIRMING ORDERS.
THE REQUIREMENT OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT VERBAL ORDERS MUST BE CONFIRMED WITHIN A REASONABLE TIME AFTER THE ORDERS ARE ISSUED HAS BEEN IN EFFECT FOR SEVERAL YEARS. THE RULE IS BASED UPON THE FACT THAT THE CONTENT OF VERBAL ORDERS IS UNRECORDED AND HENCE CONFIRMATORY ORDERS NECESSARILY MUST BE PREPARED FROM MEMORY. IF SUCH WRITTEN ORDERS ARE TO BE OF SUFFICIENT ACCURACY TO PERMIT THE PAYMENT OF PUBLIC FUNDS ON THE BASIS THEREOF, THEY MUST BE ISSUED WHILE THE OFFICER PREPARING THE ORDERS HAS A VIVID MEMORY AS TO THE FACTS.
YOUR PRESENT LETTER FURNISHES NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED AND, HENCE, IT AFFORDS NO BASIS FOR MODIFICATION OF THE PRIOR ACTION IN THE MATTER.