B-168514, JUL. 22, 1970

B-168514, JUL. 22, 1970

MILITARY -- PER DIEM -- TAXI FARE -- TRAVEL PERFORMED PRIOR TO ASSIGNMENT TO NEW STATION DECISION TO AIR FORCE OFFICER REAFFIRMING DECISION OF FEB. 3, 1970, SUSTAINING DISALLOWANCE OF CLAIM FOR PER DIEM FOR TRAVEL PERFORMED DURING FEB. 16, MARCH 5, 1969 AND FOR REIMBURSEMENT OF TAXI FARES FOR MARCH 3 & 4, 1969. MEMBER OF THE UNIFORMED SERVICES WHO, PERFORMED TRAVEL IN ANTICIPATION OF ASSIGNMENT TO A NEW STATION THAT WAS LATER TO BE HIS PERMANENT STATION MAY NOT BE REIMBURSED EXPENSES INCURRED WHEN THE TRAVEL ORDERS MADE NO REFERENCE TO PRIOR VERBAL ORDERS, AND WERE ISSUED YEAR AFTER THE TRAVEL WAS PERFORMED, SINCE SUCH ORDERS MAY NOT BE CONSIDERED AS COMPETENT AUTHORITY FOR TRAVEL PERFORMED PRIOR TO ISSUANCE.

TO CAPTAIN JAMES C. MCCRACKEN:

BY LETTER OF MAY 4, 1970, YOU REQUEST RECONSIDERATION OF OUR DECISION B- 168514 OF FEBRUARY 3, 1970, SUSTAINING CLAIMS DIVISION SETTLEMENT OF OCTOBER 8, 1969, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM FEBRUARY 16 TO MARCH 5, 1969, AND REIMBURSEMENT FOR TAXI FARES ON MARCH 3 AND 4, 1969. YOU SAY THAT YOU HAVE OBTAINED ORDERS WHICH CHANGED YOUR PERMANENT STATION FROM NAHKON PHANOM AIR BASE, THAILAND, TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM. YOU HAVE SUBMITTED COPIES OF THESE ORDERS WHICH YOU APPARENTLY BELIEVE CONSTITUTE SUFFICIENT AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

SPECIAL ORDER AA-3353, APRIL 24, 1970, HEADQUARTERS, 56 COMBAT SUPPORT GROUP (PACAF), APO SAN FRANCISCO 96310, PROVIDED FOR YOUR RELIEF FROM YOUR ASSIGNMENT WITH 606 SPECIAL OPERATIONS SQUADRON, PACAF, APO SAN FRANCISCO 96310, AND DIRECTED YOUR ASSIGNMENT TO 315 SPECIAL OPERATIONS WING, PACAF, APO SAN FRANCISCO 96321. EFFECTIVE DATE OF THE PERMANENT CHANGE OF STATION IS SHOWN AS MARCH 5, 1969. THE ORDER INDICATED THAT YOU WERE THEN AT YOUR NEW DUTY STATION.

AS STATED IN OUR PRIOR DECISION, PARAGRAPH M3000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR AND THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED WHEN TRAVEL IS PERFORMED IN ANTICIPATION OF OR PRIOR TO RECEIPT OF ORDERS. PARAGRAPH M3001 STATES THAT A COMPETENT TRAVEL ORDER IS A WRITTEN INSTRUMENT ISSUED BY COMPETENT AUTHORITY DIRECTING A MEMBER TO TRAVEL BETWEEN DESIGNATED POINTS. EXCEPTION TO THIS REQUIREMENT IS PROVIDED FOR IN PARAGRAPH M3002 WHEN A VERBAL ORDER IS GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING, GIVING DATE OF THE VERBAL ORDER, AND IS APPROVED BY COMPETENT AUTHORITY.

WE SAID IN OUR DECISION THAT THE CONFIRMING WRITTEN ORDER, WHICH IS IN SUBSTITUTION FOR THE WRITTEN ORDER NORMALLY REQUIRED PRIOR TO TRAVEL, MUST ITSELF CONTAIN SUFFICIENT DETAIL OF THE VERBAL ORDER TO MEET THE REQUIREMENTS ORDINARILY REQUIRED OF VALID WRITTEN TRAVEL ORDERS AND THAT A MERE RECITATION OF WHAT HAS TRANSPIRED IS NOT SUFFICIENT. THE CURRENTLY SUBMITTED ORDER, WHICH MAKES NO REFERENCE TO A PRIOR VERBAL ORDER, MAY NOT BE CONSIDERED AS CONFIRMATION OF SUCH AN ORDER. AND THE ORDER DID NOT DIRECT ANY TRAVEL BUT MERELY PURPORTS TO ASSIGN THE STATION WHERE YOU WERE THEN LOCATED AS YOUR PERMANENT STATION.

AN ORDER, WHETHER WRITTEN OR VERBAL, MUST BE ISSUED PRIOR TO THE TRAVEL SAID TO BE DIRECTED BY IT. THE ORDER DATED APRIL 24, 1970, WAS ISSUED OVER A YEAR AFTER THE TRAVEL IN QUESTION WAS PERFORMED; IT MAY NOT BE CONSIDERED COMPETENT AUTHORITY FOR TRAVEL PERFORMED PRIOR TO ITS ISSUANCE.

AS NO COMPETENT ORDER FOR TRAVEL FROM NAHKON PHANOM AIR BASE, THAILAND, TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, HAS BEEN FURNISHED, THE PRIOR DISALLOWANCE OF YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM FEBRUARY 16 TO MARCH 5, 1969, AND REIMBURSEMENT FOR TAXI FARES ON MARCH 3 AND 4, 1969, MUST BE SUSTAINED.

OUR DECISION OF FEBRUARY 3, 1970, B-168514, IS ENCLOSED.