B-141781, MAY 9, 1960

B-141781, MAY 9, 1960

TO MR. WILLIAM A. ST. JOHN:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 9, 1960, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED FEBRUARY 29, 1960, B 141781. IN THAT DECISION WE SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR REFUND OF THE AMOUNT CHECKED FROM YOUR PAY TO RECOVER PER DIEM AND MILEAGE PREVIOUSLY PAID TO YOU FROM YOUR PAY TO RECOVER PER DIEM AND MILEAGE PREVIOUSLY PAID TO YOU FOR TRAVEL AND TEMPORARY DUTY DURING THE PERIOD JANUARY 18 TO FEBRUARY 1, 1958.

IN OUR DECISION OF FEBRUARY 29, 1960, WE EXPLAINED THAT UNDER THE APPLICABLE LAW AND REGULATIONS, THE TRAVEL YOU PERFORMED INCIDENT TO YOUR ORDERS OF JANUARY 10, 1958, MUST BE CONSIDERED AS GROUP TRAVEL AND WE HAVE NO AUTHORITY TO ALLOW YOU PER DIEM AND MILEAGE AS FOR INDIVIDUAL TRAVEL. THIS IS SO NOTWITHSTANDING THE ORDER ISSUING AUTHORITY FAILED TO ISSUE YOUR ORDERS IN ACCORDANCE WITH THE REGULATIONS. IN THIS CONNECTION, IT MAY BE STATED THAT IN THE ABSENCE OF A STATUTE SO PROVIDING, THE UNITED STATES MAY NOT BE BOUND BY THE ERRONEOUS ACTS OF ITS OFFICERS AND EMPLOYEES. SEE ROBERTSON V. SICHEL, 127 U.S. 507, 515. YOUR LETTER CONTAINS NO PERTINENT INFORMATION NOT PREVIOUSLY CONSIDERED BY US AND HENCE AFFORDS NO BASIS FOR MODIFYING OR PRIOR ACTION IN THE MATTER.

IN ANSWER TO YOUR QUESTION CONCERNING APPELLATE REVIEW OF OUR DECISION, YOU ARE ADVISED THAT THE ACTION OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES IS BY LAW MADE FINAL AND CONCLUSIVE ON ALL EXECUTIVE DEPARTMENTS OF THE GOVERNMENT. THEREFORE, THERE IS NO FURTHER ACTION THAT MAY BE TAKEN ADMINISTRATIVELY ON YOUR CLAIM. HOWEVER, INDEPENDENTLY OF OUR ACTION, THE COURT OF CLAIMS OF THE UNITED STATES HAS JURISDICTION TO CONSIDER AND DETERMINE CERTAIN CLAIMS AGAINST THE UNITED STATES IF FILED THERE WITHIN SIX YEARS AFTER THE CLAIMS FIRST ACCRUE. 28 U.S.C. 2501.