B-168514, SEP. 9, 1970

B-168514, SEP. 9, 1970

PER DIEM - TRAVEL PERFORMED PRIOR TO ORDERS REAFFIRMING DECISION, DATED JULY 22, 1970, SUSTAINING DISALLOWANCE OF CLAIM FOR PER DIEM ALLOWANCE AND REIMBURSEMENT OF TAXI FARES IN CONNECTION WITH TRAVEL FROM NAHKON PHANON AIR BASE, THAILAND, TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, DUE TO DIRECT VERBAL ORDERS. UNIFORMED SERVICE MEMBER, WHO WAS DISALLOWED CLAIM OF PER DIEM FOR TRAVEL AND REIMBURSEMENT FOR TAXI FARES INCURRED FOR PERIOD INVOLVED, WHEN TRAVEL ORDERS MADE NO REFERENCE TO PRIOR VERBAL ORDERS, AND WERE ISSUED YEAR AFTER TRAVEL WAS PERFORMED, WHICH WAS NOT CONSIDERED AS COMPETENT AUTHORITY, SINCE TRAVEL WAS PERFORMED PRIOR TO ISSUANCE, MUST STILL FURNISH SUCH INFORMATION THAT ESTABLISHES THE VALIDITY OF THE CLAIM UNDER THE APPLICABLE STATUTES AND REGULATION THAT SUCH ORDERS WERE ISSUED WITHIN A REASONABLE TIME AFTER VERBAL ORDERS BEING CONFIRMED FROM AN OFFICIAL SOURCE BEFORE FURTHER CONSIDERATION CAN BE GIVEN TO CLAIM.

TO CAPTAIN JAMES C. MCCRACKEN:

YOUR LETTER OF AUGUST 6, 1970, REFERS TO DECISION B-168514, JULY 22, 1970, WHICH SUSTAINED 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. YOU SAY THAT SINCE YOU TRAVELED FROM NAHKON PHANOM AIR BASE, THAILAND, TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, DUE TO A DIRECT VERBAL ORDER OF THE 7TH AIR FORCE, YOU INTEND TO CONTINUE YOUR EFFORTS TO SECURE PAYMENT OF YOUR CLAIM. ALSO, YOU SAY THAT DOCUMENTATION IS BEING COMPILED AND THE MATTER WILL BE FORWARDED TO THE INSPECTOR GENERAL OF THE AIR FORCE. IN THIS CONNECTION, YOU REQUEST A STATEMENT SHOWING WHAT IS NEEDED SO THAT PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED.

ADDITIONALLY, YOU REQUEST COMMENT FROM THIS OFFICE AS TO THE VALIDITY OF ORDERS MADE IN CONNECTION WITH A CHANGE OF ASSIGNMENT FROM PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, TO THE 311TH SPECIAL OPERATIONS SQUADRON (OLAA), DANANG AIR BASE, REPUBLIC OF VIETNAM.

ADDITIONAL EVIDENCE WHICH MAY BE SUBMITTED WILL BE EVALUATED IN THE LIGHT OF THE CONSIDERATIONS INDICATED IN THE DECISIONS OF FEBRUARY 3 AND JULY 22, 1970, IT BEING THE RESPONSIBILITY OF A CLAIMANT TO FURNISH SUCH EVIDENCE AS WILL ESTABLISH THE VALIDITY OF HIS CLAIM UNDER THE APPLICABLE STATUTES AND REGULATIONS. IN ADDITION, IT MAY BE NOTED THAT IT LONG HAS BEEN THE RULE THAT WRITTEN ORDERS, CONFIRMING EARLIER VERBAL ORDERS, TOGETHER WITH EVIDENCE SHOWING THAT AN EMERGENCY PREVENTED THE ISSUANCE OF WRITTEN ORDERS WITHIN A SHORT TIME AFTER THE VERBAL ORDERS, MAY BE ACCEPTED EVEN THOUGH ISSUANCE OF THE WRITTEN ORDERS MAY HAVE BEEN DELAYED FOR SEVERAL WEEKS. SUCH ORDERS, HOWEVER, MAY NOT BE ACCEPTED WHERE THERE APPEARS TO HAVE BEEN AN UNREASONABLE DELAY AND THE ISSUANCE OF THE VERBAL ORDERS IS NOT OTHERWISE SUBSTANTIATED. SEE DECISION B-125517, MARCH 30, 1956, COPY ENCLOSED.

IN VIEW OF THE ABOVE, THE SUBMISSION OF CONFIRMATORY WRITTEN ORDERS THAT WERE ACTUALLY ISSUED WITHIN A REASONABLE TIME AFTER THE VERBAL ORDERS, TOGETHER WITH SUBSTANTIATION FROM OFFICIAL SOURCES, WOULD BE OF ASSISTANCE IN ANY FURTHER CONSIDERATION OF YOUR CLAIM.

AS NO CLAIM IN REGARD TO YOUR CHANGE OF STATION FROM PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, TO DANANG AIR BASE, REPUBLIC OF VIETNAM, TOGETHER WITH THE ORDERS INVOLVED, HAS BEEN RECEIVED, WE MAY NOT AT THIS TIME CONSIDER THE VALIDITY OF ORDERS ISSUED IN CONNECTION WITH THAT CHANGE OF STATION. ON THE BASIS OF YOUR STATEMENTS, HOWEVER, THERE WOULD SEEM TO BE NO DOUBT AS TO THE ADMINISTRATIVE AUTHORITY TO TERMINATE YOUR TEMPORARY DUTY STATUS AT DANANG AND ASSIGN THAT BASE AS YOUR PERMANENT DUTY STATION.