B-134992, MAR. 14, 1958

B-134992: Mar 14, 1958

Additional Materials:

Contact:

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

 

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

SWANSON: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11. IN YOUR REQUEST FOR REVIEW YOU AVER GENERALLY THAT OTHER MEMBERS OF YOUR CREW WERE PAID PER DIEM FOR THE PERFORMANCE OF TEMPORARY ACTIVE DUTY. IT APPEARS THAT THESE MOVEMENTS WERE IN ACCORD WITH VERBAL ORDERS. 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. MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY AND WHO. WERE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WHICH WERE DIRECTED TO AN INDIVIDUAL OR TO A GROUP WITH EACH INDIVIDUAL NAMED WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCES.

B-134992, MAR. 14, 1958

TO MR. RALPH G. SWANSON:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF U.S. NAVAL MOBILE CONSTRUCTION BATTALION SEVEN, DURING THE PERIOD AUGUST 20, 1955, TO MARCH 12, 1956.

IN YOUR REQUEST FOR REVIEW YOU AVER GENERALLY THAT OTHER MEMBERS OF YOUR CREW WERE PAID PER DIEM FOR THE PERFORMANCE OF TEMPORARY ACTIVE DUTY, APPARENTLY FOR THE SAME DUTY YOU PERFORMED. THE ITINERARY YOU SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT YOU DEPARTED QUONSET POINT, RHODE ISLAND, ON AUGUST 20, 1955, AND ARRIVED AT ARGENTIA, NEWFOUNDLAND, ON AUGUST 21, 1955, DEPARTING FROM THE LATTER DUTY STATION ON MARCH 13, 1956. IT APPEARS THAT THESE MOVEMENTS WERE IN ACCORD WITH VERBAL ORDERS.

SECNAV INSTRUCTION 7220.19 OF JUNE 4, 1956, 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. PARAGRAPH 6 OF THE INSTRUCTIONS PROVIDES IN PART AS FOLLOWS:

"C. MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY AND WHO, PRIOR TO THE RECEIPT OF THIS INSTRUCTION, WERE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WHICH WERE DIRECTED TO AN INDIVIDUAL OR TO A GROUP WITH EACH INDIVIDUAL NAMED WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCES.

"D. 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.'

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 3000-3003, JOINT TRAVEL REGULATIONS. AN EXAMINATION OF THE RECORD SHOWS NO SUCH ORDERS WERE ISSUED IN YOUR CASE. THE "ORDERS" OF JUNE 1, 1956, WHICH YOU SUBMITTED IN SUPPORT OF YOUR CLAIM ARE NOT TRAVEL ORDERS, THEY DO NOT DIRECT YOU TO PERFORM TEMPORARY DUTY, RETURN TO YOUR OLD STATION OR PROCEED TO YOUR NEW STATION UPON COMPLETION OF TEMPORARY DUTY. WHERE 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 IN AN OTHERWISE PROPER CASE IS A MATTER FOR ADMINISTRATIVE DETERMINATION. PARAGRAPH 6D OF SECNAV INSTRUCTION 7220.19 CONSTITUTES A NEGATIVE ADMINISTRATIVE DETERMINATION IN YOUR CASE BESIDES PRECLUDING THE ISSUANCE OF COMPETENT CONFIRMING TEMPORARY ADDITIONAL DUTY ORDERS FOR THE DUTY YOU PERFORMED. MOREOVER, THE FACT THAT A NUMBER OF CLAIMS APPARENTLY SIMILAR TO YOURS MAY HAVE BEEN PAID AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIMS CONTRARY TO THIS ADMINISTRATIVE DETERMINATION.

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