B-134760, MAR. 6, 1958

B-134760: Mar 6, 1958

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JOHNSON: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. WE HAVE NO KNOWLEDGE AS TO ANY FACTS IN HIS CASE. YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS. IT APPEARS THAT THE OFFICERS OF YOUR FORMER OUTFIT HAVE ADVISED YOU THAT THEY CANNOT FURNISH COMPETENT ORIGINAL TEMPORARY DUTY ORDERS. THAT THEY ARE NOW PROHIBITED FROM WRITING CONFIRMING ORDERS. WHERE COMPETENT TEMPORARY DUTY ORDERS WERE NOT FURNISHED THE QUESTION WHETHER PROPER CONFIRMATORY ORDERS MAY BE ISSUED IS A MATTER PRIMARILY FOR ADMINISTRATIVE CONSIDERATION. THE ADVICE FURNISHED YOU IS UNDERSTOOD TO CONSTITUTE A NEGATIVE ADMINISTRATIVE DETERMINATION IN YOUR CASE.

B-134760, MAR. 6, 1958

TO MR. RUDY E. JOHNSON:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7, 1957, REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE, AT PORT LYAUTEY, FRENCH MOROCCO, DURING THE PERIOD FROM NOVEMBER 15, 1955, TO JULY 27, 1956.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT MR. KENNETH JACOBS, A MEMBER OF U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE,"RECEIVED HIS CLAIM" SEVERAL MONTHS AGO FOR THIS PERIOD. NO RECORD HAS BEEN FOUND OF A CLAIM HAVING BEEN FILED BY MR. JACOBS WITH THE GENERAL ACCOUNTING OFFICE, AND WE HAVE NO KNOWLEDGE AS TO ANY FACTS IN HIS CASE.

YOUR CLAIM WAS DISALLOWED BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TEMPORARY DUTY ORDERS WITHIN THE CONTEMPLATION OF THE JOINT TRAVEL REGULATIONS. PURSUANT TO THE INFORMATION FURNISHED IN YOUR LETTER, IT APPEARS THAT THE OFFICERS OF YOUR FORMER OUTFIT HAVE ADVISED YOU THAT THEY CANNOT FURNISH COMPETENT ORIGINAL TEMPORARY DUTY ORDERS, AND THAT THEY ARE NOW PROHIBITED FROM WRITING CONFIRMING ORDERS. WHERE COMPETENT TEMPORARY DUTY ORDERS WERE NOT FURNISHED THE QUESTION WHETHER PROPER CONFIRMATORY ORDERS MAY BE ISSUED IS A MATTER PRIMARILY FOR ADMINISTRATIVE CONSIDERATION. THE ADVICE FURNISHED YOU IS UNDERSTOOD TO CONSTITUTE A NEGATIVE ADMINISTRATIVE DETERMINATION IN YOUR CASE.

PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS AUTHORIZED THE PAYMENT OF PER DIEM ONLY FOR PERIODS A MEMBER WAS IN A TRAVEL STATUS AWAY FROM THE PERMANENT DUTY STATION. A PERMANENT DUTY STATION IS DEFINED IN PARAGRAPH 1150-10 OF THE REGULATIONS AS THE RESERVATION, STATION OR ESTABLISHED AREA TO WHICH THE MEMBER IS ATTACHED FOR DUTY, OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THE TERM "TEMPORARY DUTY," OF WHICH TEMPORARY ADDITIONAL DUTY IS A FORM, IS DEFINED IN PARAGRAPH 3003-2 AS DUTY AT A LOCATION, OTHER THAN THE PERMANENT STATION, TO WHICH A MEMBER IS ORDERED FOR TEMPORARY DUTY "UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR RETURN TO THE OLD PERMANENT DUTY STATION.'

AS DIRECTED BY THE COMMANDING OFFICER'S VERBAL INSTRUCTIONS, DETACHMENT JIG, U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE, OF WHICH YOU WERE A MEMBER, DEPARTED FROM DAVISVILLE, RHODE ISLAND, ON NOVEMBER 15, 1955, AND ARRIVED AT PORT LYAUTEY, FRENCH MOROCCO, ON NOVEMBER 30, 1955. IN THIS CONNECTION, IF IN FACT IT WAS CONTEMPLATED THAT YOU SHOULD BE ASSIGNED TO PORT LYAUTEY FOR TEMPORARY DUTY, ORDERS SHOULD HAVE BEEN ISSUED SO PROVIDING AND, ALSO, FOR YOUR FURTHER ASSIGNMENT TO A NEW PERMANENT DUTY STATION OR FOR RETURN TO YOUR FORMER PERMANENT DUTY STATION UPON COMPLETION OF THE PERIOD OF TEMPORARY DUTY. IN THE ABSENCE OF SUCH COMPETENT TEMPORARY DUTY ORDERS, PORT LYAUTEY BECAME YOUR PERMANENT DUTY STATION, AND YOU COULD NOT ENTER A TRAVEL STATUS THEREAFTER UNLESS YOU LEFT THAT PLACE.

ON MAY 15, 1956, YOU WERE TRANSFERRED TO DETACHMENT LIMA AND ON JULY 27, 1956, TO DETACHMENT MIKE, U.S. NAVAL MOBILE CONSTRUCTION BATTALION ONE, PURPORTEDLY FOR ADDITIONAL TEMPORARY DUTY AT PORT LYAUTEY. HOWEVER, FOR THE REASON HEREINBEFORE STATED, THESE ORDERS DID NOT CONSTITUTE COMPETENT TEMPORARY DUTY ORDERS, FOR PER DIEM PURPOSES, WITHIN THE PURVIEW OF THE JOINT TRAVEL REGULATIONS. SEE, IN THIS CONNECTION, PARAGRAPH 6450 OF THE JOINT TRAVEL REGULATIONS.

THE FACT THAT A CLAIM APPARENTLY SIMILAR TO YOURS MAY HAVE BEEN PAID ADMINISTRATIVELY AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM CONTRARY TO THE JOINT TRAVEL REGULATIONS. THE FACTS IN YOUR CASE DO NOT ESTABLISH THAT YOU WERE ON TEMPORARY DUTY AT PORT LYAUTEY DURING THE PERIOD IN QUESTION AND, THEREFORE, NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.