B-144850, MAR. 21, 1961

B-144850, MAR. 21, 1961

TO LIEUTENANT COMMANDER MARK W. INGRAHAM JR., USN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 20, 1960, AND ENCLOSURE, REQUESTING REVIEW OF OUR SETTLEMENT DATED JANUARY 20, 1960, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FEBRUARY 12 TO SEPTEMBER 12, 1952, WHILE ON OPERATIONAL DEPLOYMENT AS A MEMBER OF PATROL SQUADRON 892.

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 OF DECEMBER 20, 1960, YOU SAY IN SUBSTANCE THAT YOU HAVE BEEN UNABLE TO OBTAIN ORDERS DIRECTING THE TRAVEL INVOLVED BUT YOU FURNISHED A COPY OF A LETTER DATED NOVEMBER 22, 1960, FROM THE CHIEF OF NAVAL PERSONNEL TO YOU, IN WHICH IT IS STATED THAT "THE RECORDS SHOW THAT PATROL SQUADRON 892 WAS OPERATING AS A UNIT OF TASK FORCE 72 ENGAGED IN THE FORMOSA STRAIT PATROL DURING THE PERIOD 1 MARCH 1952 TO 26 SEPTEMBER 1952.' YOU ALSO SAY THAT YOU WERE ASSIGNED TO THAT SQUADRON; THAT THE SQUADRON PERFORMED THE DEPLOYMENT AS DIRECTED BY ORDERS, AND THAT YOU DID, AS A MEMBER OF IT, PERFORM THE DUTY IN QUESTION. ON SUCH BASIS YOU URGE THAT YOUR CLAIM SHOULD BE ALLOWED AND IF NOT ALLOWED THAT YOU BE ADVISED AS TO WHAT WOULD CONSTITUTE A VALID PROOF OF ORDERS IN YOUR CASE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCES FOR TRAVEL AND DUTY PERFORMED UNDER COMPETENT ORDERS AWAY FROM A MEMBER'S POST OF DUTY. 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 EXPENSES 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 EXPENSES 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 HERE INVOLVED AND NO ORDERS DIRECTING THE DEPLOYMENT OF YOUR SQUADRON TO SANGLEY POINT OR TO ANY OTHER PLACE DURING THE PERIOD OF YOUR CLAIM HAVE BEEN FURNISHED. OPERATIONAL DEPLOYMENT ORDERS WHICH HAVE BEEN SUBMITTED IN SUPPORT IN CASES SIMILAR TO YOURS 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 THE PAYMENT OF PER DIEM IN CASES SUCH AS YOURS, AS SET OUT IN THE QUOTED INSTRUCTIONS, AND SINCE YOU COMPLETED THE PERIOD OF TEMPORARY DUTY INVOLVED PRIOR TO THE DATE OF THE INSTRUCTIONS, THERE APPEARS TO BE NO BASIS UPON WHICH YOUR CLAIM MAY BE FAVORABLY CONSIDERED BY OUR OFFICE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY OUR SETTLEMENT DATED JANUARY 20, 1960, MUST BE SUSTAINED.