B-131584, JUN. 3, 1957

B-131584: Jun 3, 1957

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

USN: REFERENCE IS MADE TO YOUR LETTER OF MARCH 5. YOUR CLAIM FOR PER DIEM WAS. YOU WERE IN NORFOLK. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. AS AN ADDED AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR PER DIEM AND STATE THAT SUCH INSTRUCTION IS . SECNAV INSTRUCTION 7220.19 (ISSUED APPROXIMATELY 4 YEARS AFTER THE PERIOD FOR WHICH YOU CLAIM PER DIEM) CLARIFIES NAVY DEPARTMENT POLICY WITH REGARD TO THE PAYMENT OF PER DIEM WHERE PROPER WRITTEN ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE CONCLUSION THAT PER DIEM WAS NOT PAYABLE. THAT MEMBERS CURRENTLY DEPLOYED WHO HAVE NOT BEEN ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WILL BE ISSUED PROPER CONFIRMATORY ORDERS.

B-131584, JUN. 3, 1957

TO LIEUTENANT COMMANDER WILLARD M. MOUND, USN:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1957, FORWARDED BY SECOND ENDORSEMENT OF MARCH 20, 1957, FROM THE CHIEF OF NAVAL PERSONNEL, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT OF FEBRUARY 13, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF COMPOSITE SQUADRON SEVEN (VC-7), U.S. ATLANTIC FLEET AIR FORCE, DURING THE PERIOD APRIL 11 TO OCTOBER 15, 1952.

YOUR CLAIM FOR PER DIEM WAS, IN LARGE PART, BASED ON ORDERS ISSUED TO LIEUTENANT CHARLES S. BUCHANAN, 403332/1310, AS AN EXAMPLE OF THE TYPE OF ORDERS ISSUED FOR THE SQUADRON MOVEMENT (VC-7) UNDER WHICH YOU TRAVELED FROM NORFOLK, VIRGINIA, TO PORT LYAUTEY, FRENCH MOROCCO. THE ITINERARY YOU SUBMITTED IN YOUR LETTER OF JULY 16, 1956, SHOWS THAT WHILE COMPLYING WITH YOUR SQUADRON MOVEMENT DURING THE PERIOD APRIL 11, 1952, THROUGH OCTOBER 16, 1952, YOU WERE IN NORFOLK, VIRGINIA; BERMUDA; THE AZORES; AND PORT LYAUTEY, FRENCH MOROCCO. YOU SUBMITTED SUCH ITINERARY ON THE BASIS OF ENTRIES IN YOUR AVIATORS FLIGHT LOG BOOK. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. YOU NOW CITE SECNAV INSTRUCTION 7220.19, DATED JUNE 4, 1956, AS AN ADDED AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR PER DIEM AND STATE THAT SUCH INSTRUCTION IS ,PARTICULARLY APPLICABLE" IN YOUR CASE.

SECNAV INSTRUCTION 7220.19 (ISSUED APPROXIMATELY 4 YEARS AFTER THE PERIOD FOR WHICH YOU CLAIM PER DIEM) CLARIFIES NAVY DEPARTMENT POLICY WITH REGARD TO THE PAYMENT OF PER DIEM WHERE PROPER WRITTEN ORDERS WERE NOT ISSUED BECAUSE OF AN 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 ALLOWANCE. PARAGRAPH 6D OF SUCH INSTRUCTIONS PROVIDES 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.'

IT APPEARS THAT THE DUTY PERFORMED BY YOU FALLS WITHIN THE COVERAGE OF PARAGRAPH 6D, THUS PRECLUDING ISSUANCE OF CONFIRMING ORDERS IN YOUR CASE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCE FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. COMPETENT ORDERS FOR PER DIEM PURPOSES ARE DEFINED IN PARAGRAPH 3000-3003, JOINT TRAVEL REGULATIONS. AN EXAMINATION OF THE RECORD SHOWS THAT NO SUCH ORDERS WERE ISSUED IN YOUR CASE. WHERE SUCH COMPETENT ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE BELIEF THAT PER DIEM WAS NOT PAYABLE AND THE EXPENSES OF TRAVEL WERE OF MINOR NATURE BECAUSE OF THE FACT THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE, THE QUESTION OF WHETHER PROPER CONFIRMATORY ORDERS WILL BE ISSUED IS A MATTER FOR ADMINISTRATIVE DETERMINATION. PARAGRAPH 6D OF SECNAV INSTRUCTION 7220.19 CONSTITUTES A NEGATIVE ADMINISTRATIVE DETERMINATION IN YOUR CASE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM WAS CORRECT AND IS SUSTAINED.