B-132543, AUG. 29, 1957

B-132543: Aug 29, 1957

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VANDERVORT: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JUNE 25. YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY DURING THE PERIOD SEPTEMBER 13 TO 30. SUCH DUTY WAS EXTENDED FOR THE MONTH OF OCTOBER 1954. IT WAS TERMINATED ON OCTOBER 28. WAS PURSUANT TO VERBAL ORDERS FOR WHICH CONFIRMATORY ORDERS WERE NOT ISSUED. WAS PURSUANT TO COMPETENT ORDERS. REQUEST INFORMATION AS TO WHY THE ENTIRE CLAIM WAS DENIED. PROVIDES THAT THE ISSUANCE OF BLANKET TRAVEL ORDERS IS NOT AUTHORIZED EXCEPT WHEN APPROVED BY THE VICE CHIEF OF STAFF OR DEPUTY CHIEF OF STAFF FOR OPERATIONS AND ADMINISTRATION. DID NOT TERMINATE UNTIL YOU WERE DETACHED FROM PERMANENT STATION. IT SEEMS CLEAR THEY WERE INTENDED AS BLANKET OR REPEATED TRAVEL ORDERS.

B-132543, AUG. 29, 1957

TO MAJOR CHARLES E. VANDERVORT:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED JUNE 25, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 3, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD AUGUST 18 TO OCTOBER 28, 1954.

BY ORDERS ISSUED ON SEPTEMBER 11, 1954, BY HEADQUARTERS 187TH AIRBORNE REGIMENTAL COMBAT TEAM, APO 51, YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY DURING THE PERIOD SEPTEMBER 13 TO 30, 1954, AT SUCH TIMES AS MIGHT BE REQUIRED FOR COMPLETION OF MISSIONS OF THAT COMMAND, TO DESTINATIONS WITHIN JAPAN, AND UPON COMPLETION TO RETURN TO PROPER STATION. SUCH DUTY WAS EXTENDED FOR THE MONTH OF OCTOBER 1954, BY ORDERS ISSUED BY THE SAME HEADQUARTERS ON OCTOBER 2, 1954. IT WAS TERMINATED ON OCTOBER 28, 1954, BY ORDERS DATED OCTOBER 19, 1954, WHICH DETACHED YOU FROM YOUR PERMANENT STATION, AND ASSIGNED YOU TO A REPLACEMENT DEPOT FOR RETURN TO THE UNITED STATES. YOUR ITINERARY SHOWS TRAVEL AND TEMPORARY DUTY COMMENCING AUGUST 18, 1954, AND EXTENDING TO OCTOBER 28, 1954, WITH AN OCCASIONAL RETURN TO YOUR PERMANENT STATION. TRAVEL AND TEMPORARY DUTY FOR THE PERIOD AUGUST 18 TO SEPTEMBER 13, 1954, WAS PURSUANT TO VERBAL ORDERS FOR WHICH CONFIRMATORY ORDERS WERE NOT ISSUED. IN YOUR REQUEST FOR REVIEW, YOU EXPRESS THE OPINION THAT TRAVEL BEGINNING SEPTEMBER 13, 1954, WAS PURSUANT TO COMPETENT ORDERS, AND REQUEST INFORMATION AS TO WHY THE ENTIRE CLAIM WAS DENIED.

PARAGRAPH 3003-4, JOINT TRAVEL REGULATIONS, DEFINES BLANKET OR REPEATED TRAVEL ORDERS AS ORDERS ISSUED TO MEMBERS WHO REGULARLY AND FREQUENTLY MAKE TRIPS AWAY FROM THEIR PERMANENT DUTY STATIONS WITHIN CERTAIN GEOGRAPHICAL LIMITS IN PERFORMANCE OF REGULAR ASSIGNED DUTIES. IT STATES THAT BLANKET OR REPEATED ORDERS ALLOW ANY NECESSARY NUMBER OF ROUND-TRIP JOURNEYS FROM THE PERMANENT STATION TO AND FROM OR BETWEEN SPECIFIED LOCATIONS, AND SPECIFICALLY PROVIDES THAT SUCH ORDERS DO NOT EXPIRE UPON A MEMBER'S RETURN TO HIS PERMANENT DUTY STATION BUT CONTINUE IN EFFECT UNTIL EXPIRATION BY TIME LIMIT OR UPON DETACHMENT FROM THE PERMANENT STATION. ORDINARILY, TEMPORARY DUTY TERMINATES UPON RETURN OF THE MEMBER TO HIS PERMANENT STATION. PARAGRAPH 2, ARMY REGULATIONS 310-25, DATED MAY 15, 1953, PROVIDES THAT THE ISSUANCE OF BLANKET TRAVEL ORDERS IS NOT AUTHORIZED EXCEPT WHEN APPROVED BY THE VICE CHIEF OF STAFF OR DEPUTY CHIEF OF STAFF FOR OPERATIONS AND ADMINISTRATION.

SINCE THE ORDERS FURNISHED BY YOU REQUIRED REPEATED TRAVEL WITHIN A GEOGRAPHICAL AREA, PERMITTED RETURN TO YOUR PERMANENT STATION, AND DID NOT TERMINATE UNTIL YOU WERE DETACHED FROM PERMANENT STATION, IT SEEMS CLEAR THEY WERE INTENDED AS BLANKET OR REPEATED TRAVEL ORDERS. SINCE IT FURTHER SEEMS CLEAR, HOWEVER, THAT THEY WERE NOT ISSUED UPON APPROVAL OF PROPER AUTHORITY, THEY MAY NOT BE ACCEPTED AS COMPETENT BLANKET OR REPEATED TRAVEL ORDERS. HOWEVER, SINCE YOU WERE AWAY FROM YOUR PERMANENT STATION WHEN WRITTEN TRAVEL ORDERS WERE ISSUED EFFECTIVE SEPTEMBER 13, 1954, AND DID NOT RETURN UNTIL OCTOBER 23, 1954, YOU ARE ENTITLED TO PER DIEM FOR THAT PERIOD. A SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.