B-130600, MAY 3, 1957

B-130600, MAY 3, 1957

TO LIEUTENANT FREDERICK B. JOHNSTON, USNR:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 27, 1956, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT OF NOVEMBER 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR TRAVEL AND TEMPORARY DUTY FOR THE PERIODS FROM AUGUST 3, 1952, TO FEBRUARY 16, 1953, AND FROM JANUARY 8, 1954, TO JULY 1, 1954, AS A MEMBER OF PATROL SQUADRON FORTY, U.S. PACIFIC FLEET AIR FORCE, INCIDENT TO DEPLOYMENT ACTIVITIES OF THAT SQUADRON.

BY ORDERS OF JULY 30, 1952, YOU WERE DIRECTED TO TAKE CHARGE OF CERTAIN MEMBERS AND TO PROCEED FROM SAN DIEGO, CALIFORNIA, TO SANGLEY POINT, PHILIPPINE ISLANDS, VIA TRANSPORTATION FURNISHED YOU. YOU RETURNED TO SAN DIEGO PURSUANT TO ORDERS OF FEBRUARY 4, 1953. UNDER ORDERS OF JANUARY 5, 1954, YOU AGAIN TRAVELED IN CHARGE OF SQUADRON PERSONNEL FROM SAN DIEGO TO SANGLEY POINT VIA GOVERNMENT AIR TRANSPORTATION AND RETURNED TO SAN DIEGO UNDER ORDERS DATED JUNE 18, 1954. NONE OF THESE ORDERS CONTAIN DIRECTION TO TRAVEL ON TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 1, 1956, DISALLOWED YOUR CLAIM IN THE ABSENCE OF A MORE SPECIFIC SHOWING OF THE NATURE OF THE DUTY PERFORMED.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL PERFORMED "UNDER COMPETENT ORDERS.' IF COMPETENT ORDERS ARE NOT ISSUED AS DEFINED IN PARAGRAPHS 3000-3003, JOINT TRAVEL REGULATIONS, THERE IS NO BASIS FOR REIMBURSEMENT OF EXPENSES OF TRAVEL. WHERE COMPETENT ORDERS HAVE NOT BEEN ISSUED BECAUSE OF AN ADMINISTRATIVE BELIEF THAT PER DIEM WAS NOT PAYABLE AND THE EXPENSES OF TRAVEL WERE OF MINOR NATURE DUE TO THE FACT THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE, THE QUESTION OF WHETHER PROPER CONFIRMATORY ORDERS SHOULD BE ISSUED IN SOME OR ALL CASES IS A MATTER FOR ADMINISTRATIVE DETERMINATION. ALL CLAIMS OF THIS TYPE ARE CONSIDERED HERE ON THE BASIS OF THE ORDERS FURNISHED IN SUPPORT THEREOF.

SECNAV INSTRUCTION 7220.19, OF JUNE 4, 1956, DEALS WITH THE PROBLEM OF PAYMENT OF PER DIEM WHERE PROPER WRITTEN ORDERS WERE NOT ISSUED BECAUSE OF THE ADMINISTRATIVE CONCLUSION THAT PER DIEM WAS NOT PAYABLE. THE INSTRUCTION PROVIDES, AMONG OTHER THINGS, THAT MEMBERS CURRENTLY DEPLOYED WHO HAVE NOT BEEN ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS, WILL BE ISSUED PROPER CONFIRMATORY ORDERS, AND THAT MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY DUTY AND WHO, PRIOR TO RECEIPT OF THE SECNAV INSTRUCTION, WERE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS, WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCES. PARAGRAPH 6D OF THE INSTRUCTION IS AS FOLLOWS:

"MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY FOR WHICH THE REQUIRED WRITTEN ORDERS WERE NOT ISSUED PRIOR TO THE DATE OF THIS INSTRUCTION WILL NOT BE ISSUED CONFIRMING ORDERS.'

SEE DECISION B-128296, AUGUST 10, 1956.

THE ORDERS SUBMITTED IN SUPPORT OF YOUR CLAIM DO NOT DIRECT TEMPORARY DUTY AT ANY POINT SO AS TO GIVE RISE TO A RIGHT TO PER DIEM UNDER THE REGULATIONS AND, APPARENTLY DUE TO THE INSTRUCTIONS OF JUNE 4, 1956, IT MUST HAVE BEEN CONSIDERED ADMINISTRATIVELY IMPROPER TO ISSUE CONFIRMATORY ORDERS, OR THAT TEMPORARY DUTY WAS NEVER CONTEMPLATED WHEN THE ORIGINAL ORDERS WERE ISSUED.