B-147925, JAN. 31, 1962

B-147925: Jan 31, 1962

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RETIRED: REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON JANUARY 4. IN YOUR CLAIM YOU HAVE ALLEGED THAT YOUR DUTY STATION WAS ACTUALLY AT BEREA. THAT YOU WERE TOLD TO REPORT TO COLUMBUS. YOU STATE THAT ALL TRAVEL PERFORMED WAS BY PRIVATELY OWNED AUTOMOBILE. YOU ADMIT THAT NO ORDERS WERE ISSUED FOR THE TRAVEL INVOLVED FROM BEREA TO FORT HAYES. THE RECORD INDICATES THAT YOU HAVE ATTEMPTED TO HAVE ORDERS ISSUED COVERING YOUR TRAVEL FROM BEREA TO FORT HAYES BUT HAVE BEEN UNSUCCESSFUL IN THIS RESPECT. 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-147925, JAN. 31, 1962

TO MASTER SERGEANT THOMAS R. KLEM, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON JANUARY 4, 1962, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 26, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM BEREA, OHIO, TO COLUMBUS, OHIO (FORT HAYES), INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES ARMY.

PARAGRAPH 115 OF SPECIAL ORDERS NO. 102 ISSUED BY HEADQUARTERS, DEPARTMENT OF THE ARMY, WASHINGTON 25, D.C., ON APRIL 27, 1960, RELIEVED YOU FROM ACTIVE DUTY EFFECTIVE MAY 31, 1961, TRANSFERRED YOU TO THE UNITED STATES ARMY RESERVE (RETIRED RESERVES), AND PLACED YOU ON THE RETIRED LIST ON JUNE 1, 1961. THE ORDERS DESIGNATED FORT HAYES, OHIO, AS THE PLACE AT WHICH RETIRED.

IN YOUR CLAIM YOU HAVE ALLEGED THAT YOUR DUTY STATION WAS ACTUALLY AT BEREA, OHIO, AND THAT YOU WERE TOLD TO REPORT TO COLUMBUS, OHIO (FORT HAYES), FOR FINAL PROCESSING FOR RETIREMENT. THE ITINERARY SUBMITTED IN SUPPORT OF YOUR CLAIM SHOWS THAT ON MAY 31, 1961, YOU TRAVELED FROM BEREA TO COLUMBUS AND FROM THERE TO GARRETTSVILLE, OHIO. YOU STATE THAT ALL TRAVEL PERFORMED WAS BY PRIVATELY OWNED AUTOMOBILE. YOU ADMIT THAT NO ORDERS WERE ISSUED FOR THE TRAVEL INVOLVED FROM BEREA TO FORT HAYES. THE RECORD INDICATES THAT YOU HAVE ATTEMPTED TO HAVE ORDERS ISSUED COVERING YOUR TRAVEL FROM BEREA TO FORT HAYES BUT HAVE BEEN UNSUCCESSFUL IN THIS RESPECT.

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 MAKES IT IMPOSSIBLE TO ISSUE WRITTEN ORDERS IN ADVANCE OF THE PERFORMANCE OF THE 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. NO SUCH WRITTEN ORDERS ARE OF RECORD IN YOUR CASE.

YOU HAVE STATED THAT A REQUEST WAS SENT TO THE ADJUTANT, USAADGRU (NG), FORT HAYES, OHIO, REQUESTING COPIES OF ORDERS DIRECTING YOU TO TRAVEL FROM BEREA TO COLUMBUS (FORT HAYES). THE MEMO ROUTING SLIP, DD FORM 95 SUBMITTED WITH YOUR CLAIM, STATES INFORMALLY THAT THERE WERE NO ORDERS CUT ON YOUR TRAVEL FROM BEREA TO COLUMBUS DUE TO THE FACT THAT YOUR UNIT OF ASSIGNMENT WAS FORT HAYES. WHILE IT IS NOT

ENTIRELY CLEAR WHAT YOUR DUTY STATUS WAS AT BEREA ON THE BASIS OF THE RECORD BEFORE US, AND IN THE ABSENCE OF WRITTEN ORDERS DIRECTING YOUR TRAVEL FROM BEREA TO FORT HAYES, THERE IS NO EVIDENCE TO SHOW THAT THE TRAVEL INVOLVED WAS OFFICIAL TRAVEL SUCH AS TO ENTITLE YOU TO MILEAGE WITHIN THE PURVIEW OF THE STATUTE AND REGULATIONS. ACCORDINGLY, BASED ON THE PRESENT RECORD, THE SETTLEMENT DATED DECEMBER 26, 1961, MUST BE SUSTAINED.

WITH REGARD TO YOUR TAKING THE MATTER UP WITH THE INSPECTOR GENERAL, YOU ARE ADVISED THAT YOU ARE FREE TO TAKE WHATEVER ACTION YOU DEEM APPROPRIATE. HOWEVER, THE DECISIONS OF OUR OFFICE ON CLAIMS AGAINST THE UNITED STATES ARE FINAL AND CONCLUSIVE ON ALL OFFICES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT.