B-148073, MAR. 7, 1962

B-148073: Mar 7, 1962

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JR.: FURTHER REFERENCE IS MADE TO THE STATEMENT OF MAJOR CHARLES MARTIN. FORWARDED BY YOU WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL FROM DETROIT. WAS ORDERED TO ACTIVE DUTY TRAINING DURING THE PERIOD JUNE 23 TO JULY 7. THE ORDERS WERE DESIGNATED AS GROUP TRAVEL ORDERS FOR ALL MEMBERS EXCEPT THOSE INDIVIDUALS SPECIFICALLY AUTHORIZED TO TRAVEL SEPARATELY. REIMBURSEMENT WAS PROHIBITED TO THOSE MEMBERS NOT AUTHORIZED TO TRAVEL SEPARATELY FROM THE GROUP WHO PERFORMED TRAVEL BY ANY MODE OTHER THAN THAT FURNISHED BY THE GOVERNMENT. YOUR NAME APPEARED IN PART I OF THE ORDERS WHICH DESIGNATED THE MEMBERS WHO WERE TO PERFORM GROUP TRAVEL. PART II DESIGNATED THE MEMBERS WHO WERE TO PERFORM INDIVIDUAL TRAVEL.

B-148073, MAR. 7, 1962

TO MR. CHARLES RAY, JR.:

FURTHER REFERENCE IS MADE TO THE STATEMENT OF MAJOR CHARLES MARTIN, CE, USAR, FORWARDED BY YOU WHICH WILL BE TREATED AS A REQUEST FOR REVIEW OF YOUR CLAIM FOR TRAVEL ALLOWANCE FOR TRAVEL FROM DETROIT, MICHIGAN, TO CAMP MCCOY, WISCONSIN, ON JUNE 21, 1957.

BY ORDERS DATED JUNE 5, 1957, AS AMENDED JULY 1, 1957, THE HEADQUARTERS AND HEADQUARTERS SERVICE COMPANY, 270TH ENGINEER BATTALION (COMBAT), 70TH INFANTRY DIVISION, DETROIT, MICHIGAN, WAS ORDERED TO ACTIVE DUTY TRAINING DURING THE PERIOD JUNE 23 TO JULY 7, 1957. THE ORDERS WERE DESIGNATED AS GROUP TRAVEL ORDERS FOR ALL MEMBERS EXCEPT THOSE INDIVIDUALS SPECIFICALLY AUTHORIZED TO TRAVEL SEPARATELY, AND REIMBURSEMENT WAS PROHIBITED TO THOSE MEMBERS NOT AUTHORIZED TO TRAVEL SEPARATELY FROM THE GROUP WHO PERFORMED TRAVEL BY ANY MODE OTHER THAN THAT FURNISHED BY THE GOVERNMENT. YOUR NAME APPEARED IN PART I OF THE ORDERS WHICH DESIGNATED THE MEMBERS WHO WERE TO PERFORM GROUP TRAVEL, AND PART II DESIGNATED THE MEMBERS WHO WERE TO PERFORM INDIVIDUAL TRAVEL.

BY OUR CLAIMS DIVISION SETTLEMENT OF JANUARY 26, 1960, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS NO EVIDENCE THAT YOUR NAME WAS ERRONEOUSLY INCLUDED IN THE GROUP TRAVEL LIST, AND NO AMENDING ORDERS, OR VERBAL ORDERS CONFIRMED IN WRITING, SHOWED THAT YOU WERE AUTHORIZED TO PERFORM INDIVIDUAL TRAVEL. THE STATEMENT OF MAJOR MARTIN IS TO THE EFFECT THAT YOU WERE ERRONEOUSLY SHOWN IN THE ORDERS AS TRAVELING WITH THE GROUP BUT THAT YOU DROVE YOUR CAR TO CAMP MCCOY AND BACK TO DETROIT ON HIS AUTHORITY.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, AUTHORIZES PAYMENT OF TRAVEL ALLOWANCES UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED ONLY FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER COMPETENT ORDERS WHICH CONTEMPLATES, GENERALLY, WRITTEN ORDERS ISSUED IN ADVANCE OF TRAVEL. SUBPARAGRAPHS 3002-1 AND 3002-2 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT ACT PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO, BUT THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING THE DATE OF THE VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. THAT AUTHORITY IS CONSIDERED TO CONTEMPLATE ONLY THOSE SITUATIONS WHERE THE EXIGENCIES OF THE SERVICE PREVENT THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF TRAVEL AND THE DEFICIENCY IS REMEDIED AT THE EARLIEST PRACTICABLE TIME BY THE ISSUANCE OR WRITTEN CONFIRMING ORDERS.

WHILE MAJOR MARTIN (THEN A CAPTAIN) STATES THAT HE AUTHORIZED YOU TO DRIVE YOUR OWN CAR FROM DETROIT TO CAMP MCCOY AND RETURN, THERE IS NO EVIDENCE THAT HE WAS AUTHORIZED TO MODIFY YOUR WRITTEN ORDERS PROVIDING FOR GROUP TRAVEL AND IT WOULD APPEAR THAT HE MERELY GRANTED YOU PERMISSION TO TRAVEL SEPARATELY AT YOUR OWN EXPENSE. IN ANY EVENT THERE IS NO EVIDENCE THAT ANY VERBAL ORDERS GIVEN TO YOU WERE CONFIRMED BY WRITTEN ORDERS WITHIN A REASONABLE TIME AS PROVIDED BY THE REGULATIONS. MOREOVER, YOU WERE NOT INCLUDED IN THE AMENDMENT OF JULY 1, 1957, TO THE ORDERS WHICH CHANGED THE GROUP OR INDIVIDUAL TRAVEL AUTHORIZATION OF CERTAIN MEMBERS ORDERED TO ACTIVE DUTY TRAINING. IF YOU HAD BEEN ISSUED VERBAL ORDERS PRIOR TO THE COMMENCEMENT OF TRAVEL TO CAMP MCCOY, SUCH ORDERS COULD HAVE BEEN INCLUDED IN THE AMENDMENT. IN THE CIRCUMSTANCES, THE STATEMENT OF MAJOR MARTIN ISSUED MORE THAN THREE YEARS AFTER THE DATE OF THE VERBAL ORDERS IT PURPORTS TO CONFIRM MAY NOT BE ACCEPTED AS MEETING THE REQUIREMENTS OF THE REGULATIONS.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT DISALLOWING YOUR CLAIM MUST BE SUSTAINED.