B-133794, NOV. 20, 1957

B-133794: Nov 20, 1957

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BURNETT: FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED JULY 25. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 13. IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. OF WHICH YOU WERE A MEMBER. WAS CHANGED FROM ROOSEVELT ROADS. THAT YOU WERE VERBALLY ORDERED TO PROCEED BY GOVERNMENT TRANSPORTATION FROM SAN JUAN. THAT NO WRITTEN CONFIRMATORY ORDERS WERE ISSUED TO COVER THE TRAVEL. NAVY TRAVEL INSTRUCTIONS PROMULGATED PURSUANT TO THAT AUTHORITY PROVIDE (CHAPTER 3) THAT NO EXPENSES FOR TRAVEL ARE AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. THAT A COMPETENT ORDER FOR ENLISTED MEN IS ONE ISSUED OR APPROVED BY THE BUREAU OF NAVAL PERSONNEL OR BY COMMANDS AUTHORIZED BY THE BUREAU OF NAVAL PERSONNEL TO ISSUE OR APPROVE ORDERS FOR ENLISTED MEN.

B-133794, NOV. 20, 1957

TO MR. FRED J. BURNETT:

FURTHER REFERENCE IS MADE TO YOUR CLAIM DATED JULY 25, 1957, FOR REIMBURSEMENT FOR YOUR TRAVEL FROM NORFOLK, VIRGINIA, TO JACKSONVILLE, FLORIDA, IN JANUARY 1950, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES NAVY. SINCE YOUR CLAIM IS A DUPLICATE OF THE CLAIM WHICH WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 13, 1952, IT WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT ON NOVEMBER 15, 1949, THE HOME PORT OF PATROL SQUADRON FIVE, OF WHICH YOU WERE A MEMBER, WAS CHANGED FROM ROOSEVELT ROADS, PUERTO RICO, TO JACKSONVILLE, FLORIDA, AND THAT YOU WERE VERBALLY ORDERED TO PROCEED BY GOVERNMENT TRANSPORTATION FROM SAN JUAN, PUERTO RICO, TO NORFOLK, VIRGINIA, AND THENCE TO JACKSONVILLE AT OWN EXPENSE SUBJECT TO REIMBURSEMENT. THE RECORD FURTHER SHOWS THAT NO URGENCY EXISTED NECESSITATING THE ISSUANCE OF VERBAL ORDERS, AND THAT NO WRITTEN CONFIRMATORY ORDERS WERE ISSUED TO COVER THE TRAVEL.

SECTION 12 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF AUGUST 2, 1946, 60 STAT. 860, PROVIDED THAT UNDER REGULATIONS PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED, ENLISTED MEN MAY BE PAID A MONEY ALLOWANCE OF THREE CENTS PER MILE IN LIEU OF TRANSPORTATION. NAVY TRAVEL INSTRUCTIONS PROMULGATED PURSUANT TO THAT AUTHORITY PROVIDE (CHAPTER 3) THAT NO EXPENSES FOR TRAVEL ARE AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR; THAT A COMPETENT ORDER FOR ENLISTED MEN IS ONE ISSUED OR APPROVED BY THE BUREAU OF NAVAL PERSONNEL OR BY COMMANDS AUTHORIZED BY THE BUREAU OF NAVAL PERSONNEL TO ISSUE OR APPROVE ORDERS FOR ENLISTED MEN, AND THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY REDUCED TO WRITING AND APPROVED BY THE BUREAU OF NAVAL PERSONNEL OR BY COMMANDS AUTHORIZED TO ISSUE SUCH ORDERS WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS.

REIMBURSEMENT OF EXPENSES OF TRAVEL IS NOT AUTHORIZED UNLESS TRAVEL IS PERFORMED UNDER COMPETENT ORDERS. GENERALLY, THE REQUIREMENT OF COMPETENT ORDERS CONTEMPLATES THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF THE TRAVEL. THE ONLY EXCEPTION TO THAT REQUIREMENT IS WHERE A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL SUBSEQUENTLY IS REDUCED IN WRITING AND APPROVED BY THE BUREAU OF NAVAL PERSONNEL OR OTHER AUTHORIZED COMMANDS AND NORMALLY, SUCH CASES ARISE WHERE THE URGENCY OF GOVERNMENT BUSINESS DID NOT PERMIT THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF THE TRAVEL.

IN YOUR CASE, THE VERBAL ORDERS IN ADVANCE OF TRAVEL WERE NOT SUBSEQUENTLY REDUCED TO WRITING AND APPROVED BY PROPER AUTHORITY AND HENCE YOUR TRAVEL MAY NOT BE CONSIDERED AS PERFORMED PURSUANT TO COMPETENT ORDERS. UNDER SUCH CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JUNE 13, 1952, WAS CORRECT AND IS SUSTAINED.