B-140813, OCT. 27, 1959

B-140813: Oct 27, 1959

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HORST: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 30. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. IN YOUR LETTER YOU SAY THAT YOU WERE NOT ISSUED INDIVIDUAL ORDERS BUT THAT PATROL SQUADRON NINE WAS ISSUED ORDERS DIRECTING THE DEPLOYMENT OF THE SQUADRON TO THE NAVAL AIR STATION. YOU REFER TO A TEST CASE INVOLVING A PATROL SQUADRON DEPLOYED UNDER SIMILAR CIRCUMSTANCES IN WHICH IT WAS DETERMINED THAT MEMBERS OF SUCH SQUADRON WERE ENTITLED TO PER DIEM PROVIDED COMPETENT ORDERS DIRECTED THEIR TRAVEL AND YOU REQUEST THAT YOU BE ADVISED AS TO HOW YOU MAY OBTAIN SUCH ORDERS.

B-140813, OCT. 27, 1959

TO MR. DAVID W. HORST:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JULY 30, 1959, REQUESTING REVIEW OF OUR SETTLEMENT DATED JULY 28, 1959, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM WHILE ON OPERATIONAL DEPLOYMENT AS A MEMBER OF PATROL SQUADRON NINE, IN ALASKA DURING THE PERIOD MARCH 12 TO JULY 15, 1955.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. IN YOUR LETTER YOU SAY THAT YOU WERE NOT ISSUED INDIVIDUAL ORDERS BUT THAT PATROL SQUADRON NINE WAS ISSUED ORDERS DIRECTING THE DEPLOYMENT OF THE SQUADRON TO THE NAVAL AIR STATION, KODIAK, ALASKA. YOU REFER TO A TEST CASE INVOLVING A PATROL SQUADRON DEPLOYED UNDER SIMILAR CIRCUMSTANCES IN WHICH IT WAS DETERMINED THAT MEMBERS OF SUCH SQUADRON WERE ENTITLED TO PER DIEM PROVIDED COMPETENT ORDERS DIRECTED THEIR TRAVEL AND YOU REQUEST THAT YOU BE ADVISED AS TO HOW YOU MAY OBTAIN SUCH ORDERS.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. COMPETENT ORDERS FOR PER DIEM PURPOSES ARE DEFINED IN PARAGRAPHS 3000-3002, JOINT TRAVEL REGULATIONS, WHICH PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR REIMBURSEMENT OF EXPENSE OF TRAVEL, THAT ADVANCE VERBAL ORDERS SUBSEQUENTLY CONFIRMED IN WRITING OR APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS, AND THAT TRAVEL ORDERS ISSUED UNDER UNUSUAL CONDITIONS WHICH ARE NOT ORIGINATED BY COMPETENT AUTHORITY, MUST BE APPROVED BY COMPETENT AUTHORITY TO ALLOW REIMBURSEMENT FOR TRAVEL EXPENSE INCURRED IN COMPLIANCE WITH THE ORDERS. IF COMPETENT ORDERS ARE NOT ISSUED AS REQUIRED IN SUCH REGULATIONS, THERE IS NO BASIS FOR REIMBURSEMENT FOR EXPENSES OF TRAVEL.

THERE APPEARS TO BE NO RECORD OF ANY COMPETENT ORDERS PLACING YOU IN A TRAVEL STATUS DURING THE PERIOD INVOLVED AND NO ORDERS DIRECTING THE DEPLOYMENT OF YOUR SQUADRON TO ALASKA HAVE BEEN FURNISHED. OPERATIONAL DEPLOYMENT ORDERS WHICH HAVE BEEN SUBMITTED IN SUPPORT OF SIMILAR CLAIMS ARE NOT TRAVEL ORDERS AND DO NOT DIRECT TEMPORARY DUTY AT ANY POINT SO AS TO GIVE RISE TO A RIGHT TO PER DIEM UNDER THE REGULATIONS. WHERE COMPETENT TRAVEL ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE BELIEF THAT PER DIEM WAS NOT PAYABLE AND THE EXPENSES OF TRAVEL WERE OF A MINOR NATURE--- BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES BEING AVAILABLE--- THE QUESTION OF WHETHER PROPER INDIVIDUAL CONFIRMATORY ORDERS WILL BE ISSUED IS A MATTER FOR ADMINISTRATIVE DETERMINATION. SECNAV INSTRUCTION 7220.19 DATED JUNE 4, 1956, DEALS WITH THE PROBLEM OF PAYMENT OF PER DIEM WHERE WRITTEN ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE CONCLUSION THAT PER DIEM WAS NOT PAYABLE. PARAGRAPH 6D OF THOSE INSTRUCTIONS IS 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.'

IN VIEW OF THE ADMINISTRATIVE DETERMINATION CONCERNING PAYMENT OF PER DIEM IN CASES SUCH AS YOURS, AS SET OUT IN THE QUOTED INSTRUCTIONS, THERE IS NO LEGAL BASIS UPON WHICH YOUR CLAIM MAY BE ALLOWED.