B-135889, MAY 19, 1958

B-135889: May 19, 1958

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WHILE YOU WERE RECEIVING TRAINING IN NAVAL ARCHITECTURE AT THE UNIVERSITY OF CALIFORNIA. $4.50 OF THE ALLOTTED $5.50 PER DIEM WAS REQUIRED TO BE PAID TO THE INTERNATIONAL HOUSE FOR ROOM AND BOARD. THERE WERE ELEVEN SUNDAYS AND TWO HOLIDAYS WHEN THE EVENING MEALS WERE NOT SERVED AT INTERNATIONAL HOUSE. IT WAS NECESSARY FOR YOU TO OBTAIN THESE MEALS IN A RESTAURANT AT YOUR OWN EXPENSE. IT IS REPORTED THAT THE $3 RATE FOR EACH OF THE THIRTEEN MEALS OBTAINED IN RESTAURANTS WAS REASONABLE. IT IS ADMINISTRATIVELY REPORTED THAT IT IS NOW REALIZED THAT THE $5.50 PER DIEM RATE WAS INSUFFICIENT. THE ESTABLISHED RULE IS THAT LEGAL RIGHTS AND LIABILITIES UNDER A SUBSISTENCE ALLOWANCE VEST AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS.

B-135889, MAY 19, 1958

TO MR. ANTHONY R. FRIZALONE:

THIS REFERS TO YOUR LETTER OF MARCH 19, 1958, AND ENCLOSURE, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT OF MARCH 6, 1958, WHICH DISALLOWED YOUR CLAIM FOR $39, FOR COST OF MEALS ON SUNDAYS AND HOLIDAYS DURING THE PERIOD JUNE 17 TO SEPTEMBER 7, 1957, WHILE YOU WERE RECEIVING TRAINING IN NAVAL ARCHITECTURE AT THE UNIVERSITY OF CALIFORNIA.

THE RECORDS SHOW THE TRAVEL ORDERS ISSUED TO YOU AUTHORIZED YOU TO PROCEED ON OR ABOUT JUNE 17, 1957, FROM NEW YORK TO SAN FRANCISCO, CALIFORNIA, FOR THE PURPOSE OF ATTENDING A SUMMER SESSION OF TRAINING IN NAVAL ARCHITECTURE AT THE UNIVERSITY OF CALIFORNIA. THE TRAVEL ORDERS ESTABLISHED A $5.50 PER DIEM RATE, AND THE SAN FRANCISCO NAVAL SHIPYARD MADE IT MANDATORY THAT YOU LIVE IN THE INTERNATIONAL HOUSE AT THE UNIVERSITY OF CALIFORNIA, THUS STIPULATING IN PART HOW YOUR PER DIEM WOULD BE SPENT. IN THIS REGARD, $4.50 OF THE ALLOTTED $5.50 PER DIEM WAS REQUIRED TO BE PAID TO THE INTERNATIONAL HOUSE FOR ROOM AND BOARD. DURING YOUR STAY, THERE WERE ELEVEN SUNDAYS AND TWO HOLIDAYS WHEN THE EVENING MEALS WERE NOT SERVED AT INTERNATIONAL HOUSE, AND IT WAS NECESSARY FOR YOU TO OBTAIN THESE MEALS IN A RESTAURANT AT YOUR OWN EXPENSE. IT IS REPORTED THAT THE $3 RATE FOR EACH OF THE THIRTEEN MEALS OBTAINED IN RESTAURANTS WAS REASONABLE. ALSO, IT IS ADMINISTRATIVELY REPORTED THAT IT IS NOW REALIZED THAT THE $5.50 PER DIEM RATE WAS INSUFFICIENT.

THE ESTABLISHED RULE IS THAT LEGAL RIGHTS AND LIABILITIES UNDER A SUBSISTENCE ALLOWANCE VEST AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS. SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNLESS ERROR IS APPARENT ON THE FACE OF THE ORDERS, OR THE FACTS DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED HAS BEEN OMITTED THROUGH ERROR IN PREPARING THE ORDERS. YOUR ORDERS WERE CLEAR ON THEIR FACE AND ALL THAT WAS PREVIOUSLY DETERMINED TO BE ALLOWED YOU WAS INCLUDED IN THOSE ORDERS.