B-130117, JAN. 14, 1957
Highlights
USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED NOVEMBER 14. THE CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS NO EVIDENCE OF RECORD SHOWING THAT YOU WERE TRANSFERRED BY COMPETENT ORDERS ON A PERMANENT CHANGE OF STATION TO THE ROYAL AIR FORCE STATIONS INDICATED. WILL MEET THE REQUIREMENTS FOR WRITTEN ORDERS. VERBAL ORDERS HAVE BEEN RECOGNIZED AS COMPETENT ORDERS FOR PAYMENT OF TRAVEL EXPENSES ONLY WHEN THEY ARE PROPERLY CONFIRMED IN WRITING WITHIN A COMPARATIVELY SHORT PERIOD OF TIME. THE CONFIRMATORY ORDERS WERE ISSUED MORE THAN THREE YEARS AND FIVE MONTHS AFTER THE PURPORTED VERBAL ORDERS AND THERE IS NO SHOWING THAT EMERGENCY CONDITIONS EXISTED. NO EMERGENCY SITUATION WHICH PREVENTED CONFIRMATORY ORDERS IN YOUR CASE IS DISCLOSED.
B-130117, JAN. 14, 1957
TO STAFF SERGEANT RICHARD E. VINEGAR, USAF:
FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED NOVEMBER 14, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED NOVEMBER 7, 1956, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM ALLOWANCE FOR DUTY PERFORMED AT ROYAL AIR FORCE STATIONS IN ENGLAND DURING THE PERIOD JUNE 26 TO AUGUST 18, 1952. THE CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS NO EVIDENCE OF RECORD SHOWING THAT YOU WERE TRANSFERRED BY COMPETENT ORDERS ON A PERMANENT CHANGE OF STATION TO THE ROYAL AIR FORCE STATIONS INDICATED.
WITH YOUR LETTER YOU FURNISHED A COPY OF SPECIAL ORDERS NO. 156 AND LETTER ORDER NO. 823, BOTH DATED OCTOBER 12, 1955, ISSUED BY HEADQUARTERS, 7493D, SPECIAL INVESTIGATIONS WING (USAFE), APO 57, NEW YORK, NEW YORK. PARAGRAPH 2 OF SPECIAL ORDERS NO. 156 CONFIRMED VERBAL ORDERS OF THIS HEADQUARTERS AUTHORIZING YOU TO PROCEED FROM LAKENHEATH, ENGLAND, TO DUTY AT THE RAF STATION, CHICKSANDS, ENGLAND, REPORTING NOT LATER THAN MAY 18, 1952. PARAGRAPH 3 OF THE ORDERS DIRECTED YOU TO PROCEED FROM CHICKSANDS, ENGLAND, TO DUTY AT THE RAF STATION, WETHERSFIELD, ENGLAND, REPORTING NOT LATER THAN JUNE 9, 1952. PARAGRAPH 4 OF THE ORDERS DIRECTED YOU TO PROCEED FROM WETHERSFIELD, ENGLAND, TO THE RAF STATION, LAKENHEATH, ENGLAND, REPORTING NOT LATER THAN JULY 25, 1952. LETTER ORDER NO. 823, DATED OCTOBER 12, 1955, DIRECTED YOU TO PROCEED ON AUGUST 18, 1952, FROM LAKENHEATH, ENGLAND, TO MOLESWORTH, ENGLAND, ON TEMPORARY DUTY FOR APPROXIMATELY 53 DAYS. BOTH SETS OF ORDERS BEAR THE ABBREVIATIONS"ESPWO" INDICATING THAT THE EXIGENCIES OF THE SERVICE PREVENTED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE.
PARAGRAPH 3002-2 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING, GIVING DATE OF VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY, WILL MEET THE REQUIREMENTS FOR WRITTEN ORDERS. HOWEVER, VERBAL ORDERS HAVE BEEN RECOGNIZED AS COMPETENT ORDERS FOR PAYMENT OF TRAVEL EXPENSES ONLY WHEN THEY ARE PROPERLY CONFIRMED IN WRITING WITHIN A COMPARATIVELY SHORT PERIOD OF TIME. WHERE, AS IN YOUR CASE, THE CONFIRMATORY ORDERS WERE ISSUED MORE THAN THREE YEARS AND FIVE MONTHS AFTER THE PURPORTED VERBAL ORDERS AND THERE IS NO SHOWING THAT EMERGENCY CONDITIONS EXISTED, THE CONFIRMING ORDERS MAY NOT BE CONSIDERED SUFFICIENT TO SUPPORT TRAVEL PAYMENTS. NO EMERGENCY SITUATION WHICH PREVENTED CONFIRMATORY ORDERS IN YOUR CASE IS DISCLOSED.
UNDER THESE CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF NOVEMBER 7, 1956, WAS CORRECT AND IS SUSTAINED.