B-132655, AUG. 28, 1957

B-132655: Aug 28, 1957

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USN: REFERENCE IS MADE TO YOUR LETTER OF JUNE 27. YOU WERE AT THE NAVAL AIR STATION. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF PARAGRAPH 3003 -2 OF THE JOINT TRAVEL REGULATIONS. SECNAV INSTRUCTION 7220.19 (ISSUED OVER FOUR 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. THAT MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY DUTY AND WHO.

B-132655, AUG. 28, 1957

TO LIEUTENANT COMMANDER JOSEPH F. WALTERS, USN:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 27, 1957 (FORWARDED HERE ON JUNE 28, 1957, BY FIRST ENDORSEMENT OF THE SUPREME ALLIED COMMANDER ATLANTIC), REQUESTING REVIEW OF THE SETTLEMENT OF MAY 22, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF COMPOSITE SQUADRON SIX (VC-6), U.S. ATLANTIC FLEET AIR FORCE, DURING THE PERIOD OCTOBER 12, 1951, TO APRIL 14, 1952.

THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT WHILE COMPLYING WITH YOUR SQUADRON MOVEMENT ORDERS DURING THE PERIOD OCTOBER 12, 1951, TO APRIL 14, 1952, YOU WERE AT THE NAVAL AIR STATION, PATUXENT RIVER, MARYLAND; KINDLEY AIR FORCE BASE, BERMUDA; LAGES AIR FORCE BASE, AZORES; PORT LYAUTEY, FRENCH MOROCCO; AND THE NAVAL AIR STATION, ARGENTIA, NEWFOUNDLAND. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF PARAGRAPH 3003 -2 OF THE JOINT TRAVEL REGULATIONS. IN YOUR REQUEST FOR REVIEW YOU CITE, AS AN AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, A SETTLEMENT (Z-1683238) MADE IN FAVOR OF COMMANDER WILLIAM C. LEWIS, BASED ON ORDERS SIMILAR TO YOUR OWN.

SECNAV INSTRUCTION 7220.19 (ISSUED OVER FOUR 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. INSOFAR AS THE CASE OF COMMANDER LEWIS WAS CONCERNED, SETTLEMENT WAS MADE PRIOR TO THE ISSUANCE OF THE "POLICY-SETTING" SECNAV INSTRUCTION OF JUNE 4, 1956, AND, THEREFORE, THAT SETTLEMENT WAS NOT SUBJECT TO ITS LIMITATIONS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 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 3003-3003, 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.