B-125517, NOV. 30, 1955
Highlights
UPON COMPLETION OF WHICH YOU WERE TO RETURN TO THAT STATION. IT WILL BE SEEN THAT THE INFORMATION AND DATES IN YOUR LETTER OF MARCH 13. ARE AT VARIANCE WITH YOUR ITINERARY AS SHOWN ON YOUR CLAIM. 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 REQUIREMENT FOR WRITTEN ORDERS. WHILE VERBAL ORDERS HAVE BEEN RECOGNIZED AS COMPETENT ORDERS FOR TRAVEL WHEN THEY ARE PROPERLY CONFIRMED IN WRITING WITHIN A COMPARATIVELY SHORT PERIOD OF TIME. THE CONFIRMATORY ORDERS WERE ISSUED MORE THAN YEAR AFTER THE PURPORTED VERBAL ORDERS. THERE IS NO SHOWING THAT EMERGENCY CONDITIONS EXISTED.
B-125517, NOV. 30, 1955
TO MR. HAROLD L. MARCROFT:
THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 6, 1955, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND PER DIEM ALLOWANCES WHILE ON TEMPORARY DUTY DURING THE PERIOD OCTOBER 11 TO 16, 1952, AS A MAJOR, UNITED STATES AIR FORCE.
PARAGRAPH 3, SPECIAL ORDERS NO. 255, HEADQUARTERS, 26TH AIR DIVISION, ROSLYN AIR FORCE STATION, ROSLYN, NEW YORK, DATED DECEMBER 7, 1953, CONFIRMED VERBAL ORDERS OF THE COMMANDING OFFICER OF OCTOBER 4, 1952, AUTHORIZING YOU TO PROCEED ON OR ABOUT OCTOBER 7, 1952, FROM YOUR DUTY STATION AT CHARLESTON, WEST VIRGINIA, TO ROSLYN, NEW YORK, ON TEMPORARY DUTY OF APPROXIMATELY THREE DAYS FOR THE PURPOSE OF CLARIFICATION OF RECORDS, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO THAT STATION. THE ORDERS BEAR THE ABBREVIATIONS "ESPWO" INDICATING THAT THE EXIGENCIES OF THE SERVICE PREVENTED THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE.
IN YOUR LETTER TO THE AIR INSPECTOR GENERAL, DATED MARCH 13, 1954, YOU RELATE THAT ON OCTOBER 7, 1952, YOU RECEIVED A TELEPHONE CALL FROM HEADQUARTERS, ROSLYN AIR FORCE STATION, ROSLYN, NEW YORK, TO REPORT THERE FOR OVERSEAS PROCESSING. YOU STATE THAT YOU REPORTED TO ROSLYN ON OCTOBER 11, 1952, AND IMMEDIATELY REQUESTED WRITTEN ORDERS TO COVER THE TRAVEL, BUT THAT YOUR COMMANDING OFFICER ADVISED YOU THAT THE ORDERS WOULD BE TAKEN CARE OF IN DUE TIME. YOU FURTHER RELATE THAT ON OCTOBER 11, 1952, YOU RECEIVED A COPY OF SPECIAL ORDERS NO. 234, HEADQUARTERS, 26TH AIR DIVISION, ROSLYN, NEW YORK, DATED OCTOBER 4, 1952, ORDERING YOU TO REPORT TO CAMP STONEMAN, CALIFORNIA; THAT YOU DID NOT DEPART ROSLYN, NEW YORK, UNTIL OCTOBER 13, 1952, AND THAT YOU RETURNED TO ROSLYN FOR ONE DAY ON OCTOBER 20, 1952. IN THAT CONNECTION, THE ITINERARY FURNISHED BY YOU ON A TRAVEL VOUCHER EXECUTED ON MAY 8, 1954,SHOWS:
"11 OCT LV CHARLESTON, W VA 0900
12 OCT ARR ROSLYN, N Y 1600 POC
15 OCT LV ROSLYN, N Y 0830
16 OCT ARR CHARLESTON, W VA 1530 POC"
THUS, IT WILL BE SEEN THAT THE INFORMATION AND DATES IN YOUR LETTER OF MARCH 13, 1954, ARE AT VARIANCE WITH YOUR ITINERARY AS SHOWN ON YOUR CLAIM. ALSO THE RECORD CONTAINS A COPY OF THIRD ENDORSEMENT FROM HEADQUARTERS, 26TH AIR DIVISION, ROSLYN, NEW YORK, TO COMMANDER, EASTERN AIR DEFENSE FORCE, STEWART AIR FORCE BASE, NEWBURGH, NEW YORK, PARAGRAPH 1 READING AS FOLLOWS:
"1. THIS HEADQUARTERS HAS NO RECORD OF REQUESTS FROM MAJOR MARCROFT PRIOR TO NOVEMBER 1953. MAJOR MARCROFTS OCTOBER LETTER RECEIVED IN EARLY NOVEMBER RESULTED IN A THOROUGH INVESTIGATION AND ISSUANCE OF WRITTEN ORDERS DATED 7 DECEMBER 1953.'
PARAGRAPH 3002-2 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 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 REQUIREMENT FOR WRITTEN ORDERS. WHILE VERBAL ORDERS HAVE BEEN RECOGNIZED AS COMPETENT ORDERS FOR TRAVEL WHEN THEY ARE PROPERLY CONFIRMED IN WRITING WITHIN A COMPARATIVELY SHORT PERIOD OF TIME, WHERE, AS HERE, THE CONFIRMATORY ORDERS WERE ISSUED MORE THAN YEAR AFTER THE PURPORTED VERBAL ORDERS, AND THERE IS NO SHOWING THAT EMERGENCY CONDITIONS EXISTED, THE CONFIRMED ORDERS HAVE NOT BEEN CONSIDERED SUFFICIENT TO SUPPORT TRAVEL PAYMENTS. NO EMERGENCY SITUATION IN CONNECTION WITH YOUR ORDERS IS DISCLOSED AND THERE IS DOUBT THAT SUCH A SITUATION ACTUALLY EXISTED IN YOUR CASE SINCE THE PURPORTED VERBAL ORDERS OF THE COMMANDING OFFICER WERE ISSUED OCTOBER 4, 1952--- THE RECORD DOES NOT SHOW TO WHOM THE VERBAL ORDERS WERE ISSUED--- AND YOU DID NOT PROCEED TO ROSLYN, NEW YORK, UNTIL OCTOBER 11, 1952. MOREOVER, ADDING TO THE UNCERTAINTY OF THE CIRCUMSTANCES, THE PURPORTED VERBAL ORDERS OF OCTOBER 4, 1952, ORDERED YOU TO REPORT TO ROSLYN, NEW YORK, WHEREAS YOU STATE THAT WRITTEN ORDERS DATED OCTOBER 4, 1952, ORDERED YOU TO CAMP STONEMAN, CALIFORNIA. ON THE BASIS OF THAT RECORD, OUR OFFICE WOULD NOT BE WARRANTED IN ALLOWING YOU TRAVEL AND PER DIEM ALLOWANCES DURING THE PERIOD OF OCTOBER 11 TO 16, 1952, AND THE SETTLEMENT OF AUGUST 25, 1955, MUST BE SUSTAINED.