B-142629, JUN. 1, 1960

B-142629: Jun 1, 1960

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USA (RETIRED): FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 4. YOU ALLEGE THAT YOU WERE GIVEN VERBAL ORDERS FROM THE COMMANDING OFFICER. WHICH ORDERS WERE RELAYED TO YOU BY YOUR IMMEDIATE SUPERIOR. FOR AUTHORITY FOR YOUR TRAVEL BY PRIVATELY OWNED AUTOMOBILE HE INFORMED YOU THAT HE HAD INSTRUCTED SERGEANT BOARDMAN TO HAVE YOU RETURN TO FORT MEADE BY GOVERNMENT VEHICLE AND THAT HE COULD NOT AUTHORIZE REIMBURSEMENT FOR YOUR TRAVEL BY PERSONAL AUTOMOBILE BECAUSE YOUR RETIREMENT ORDERS STATED PITTSBURGH. PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO. SUBPARAGRAPH 3002-2 OF THE REGULATIONS PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDERS AND APPROVAL BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS.

B-142629, JUN. 1, 1960

TO SERGEANT FIRST CLASS BRUNO KONESKY, USA (RETIRED):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 4, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 28, 1960, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED FROM PITTSBURGH, PENNSYLVANIA, TO FORT GEORGE G. MEADE, MARYLAND, AND RETURN, DURING THE PERIOD OCTOBER 24 TO 31, 1959, INCIDENT TO YOUR RETIREMENT FROM THE MILITARY SERVICE.

PARAGRAPH 115 OF SPECIAL ORDERS NO. 207 ISSUED AT HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., ON OCTOBER 20, 1959, RELIEVED YOU FROM ASSIGNMENT AT FORT GEORGE G. MEADE AND DUTY AT PITTSBURGH, PENNSYLVANIA, ON OCTOBER 31, 1959, TRANSFERRED YOU TO THE UNITED STATES ARMY RESERVE, AND PLACED YOU ON THE RETIRED LIST ON NOVEMBER 1, 1959. THE ORDERS DESIGNATED PITTSBURGH, PENNSYLVANIA, AS THE PLACE AT WHICH RETIRED.

YOU ALLEGE THAT YOU WERE GIVEN VERBAL ORDERS FROM THE COMMANDING OFFICER, HEADQUARTERS, 2101-04 MILITARY POLICE DETACHMENT, AT FORT GEORGE G. MEADE, MARYLAND, TO REPORT TO THAT STATION, WHICH ORDERS WERE RELAYED TO YOU BY YOUR IMMEDIATE SUPERIOR, FIRST SERGEANT BOARDMAN. YOU STATE THAT WHEN YOU ASKED YOUR PERSONNEL OFFICER, CHIEF WARRANT OFFICER BARNWELL, FOR AUTHORITY FOR YOUR TRAVEL BY PRIVATELY OWNED AUTOMOBILE HE INFORMED YOU THAT HE HAD INSTRUCTED SERGEANT BOARDMAN TO HAVE YOU RETURN TO FORT MEADE BY GOVERNMENT VEHICLE AND THAT HE COULD NOT AUTHORIZE REIMBURSEMENT FOR YOUR TRAVEL BY PERSONAL AUTOMOBILE BECAUSE YOUR RETIREMENT ORDERS STATED PITTSBURGH, PENNSYLVANIA.

PARAGRAPH 2 OF SPECIAL ORDERS NO. 8 ISSUED AT HEADQUARTERS, FORT GEORGE G. MEADE, MARYLAND, ON JANUARY 11, 1960, PURPORTS TO AMEND PARAGRAPH 115 OF SPECIAL ORDERS NO. 207 OF OCTOBER 20, 1959, TO AUTHORIZE TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM PITTSBURGH, PENNSYLVANIA, TO FORT GEORGE G. MEADE, MARYLAND, AND RETURN TO PITTSBURGH, PENNSYLVANIA, FOR THE PURPOSE OF RETIREMENT AND RETURNING TO PLACE OF RETIREMENT.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. SUBPARAGRAPH 3002 -1 OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT LAW, PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO. RECOGNITION OF THE EXIGENCIES OF THE SERVICE WHICH SOMETIMES MAKE IT IMPOSSIBLE TO ISSUE WRITTEN ORDERS IN ADVANCE OF THE PERFORMANCE OF TRAVEL, SUBPARAGRAPH 3002-2 OF THE REGULATIONS PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDERS AND APPROVAL BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS.

PARAGRAPH 2 OF SPECIAL ORDERS NO. 8 OF JANUARY 11, 1960, IS CLEARLY AN ATTEMPT BY HEADQUARTERS, FORT GEORGE G. MEADE, TO AMEND AND ENLARGE SPECIAL ORDERS NO. 207 OF OCTOBER 20, 1959, ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., AND WAS NOT INTENDED AS A CONFIRMATION OF VERBAL ORDERS GIVEN IN ADVANCE OF THE TRAVEL AS REQUIRED BY LAW. FURTHERMORE, YOUR STATEMENT THAT YOU COULD NOT BE RETIRED IN PITTSBURGH, PENNSYLVANIA, DUE TO LACK OF FACILITIES THERE FOR RETIREMENT PROCESSING AND THAT YOU HAD TO REPORT TO FORT GEORGE G. MEADE, MARYLAND, SINCE ALL YOUR RECORDS WERE THERE, DOES NOT ESTABLISH THAT THE TRAVEL INVOLVED WAS OFFICIAL TRAVEL SUCH AS TO ENTITLE YOU TO MILEAGE IN VIEW OF THE PLAIN TERMS OF SPECIAL ORDERS NO. 207 ALREADY ISSUED WHICH PLACED YOU ON THE RETIRED LIST AT PITTSBURGH, PENNSYLVANIA, EFFECTIVE NOVEMBER 1, 1959. ACCORDINGLY, SETTLEMENT DATED MARCH 28, 1960, MUST BE SUSTAINED.

WITH REGARD TO YOUR REQUEST FOR THE ADDRESS OF THE DEPARTMENT OR PERSON YOU CAN WRITE TO IF NOTHING CAN BE DONE BY THIS OFFICE, YOU ARE ADVISED THAT THE DECISIONS OF THIS OFFICE ON CLAIMS AGAINST THE UNITED STATES ARE FINAL AND CONCLUSIVE ON ALL EXECUTIVE OFFICES OF THE GOVERNMENT. HOWEVER, INDEPENDENTLY OF THE AUTHORITY VESTED IN THIS OFFICE, 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 SUCH CLAIM FIRST ACCRUES.' 28 U.S.C. 2501.