B-151769, JUL. 18, 1963

B-151769: Jul 18, 1963

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THE RECORD SHOWS THAT YOU WERE AUTHORIZED BY ORDER NO. 78. REIMBURSEMENT FOR THE EXPENSES FOR YOUR TRAVEL WAS LIMITED BY THE ORDER TO THE COST OF TRAVEL BY COMMON CARRIER BETWEEN THESE LOCATIONS. TRAVEL ORDER NO. 78 WAS AMENDED ON APRIL 20. THE AMENDMENT OF YOUR TRAVEL ORDER WAS ISSUED MORE THAN THIRTY DAYS AFTER THE COMPLETION OF YOUR TRAVEL. IT IS WELL ESTABLISHED THAT LEGAL RIGHTS AND LIABILITIES IN REGARD TO TRAVEL ALLOWANCES RESTS AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS. THAT SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUTES OR REGULATIONS UNLESS ERROR IS APPARENT ON THE FACE OF THE ORDERS.

B-151769, JUL. 18, 1963

TO MR. HERSCHELL E. DAVISON, JR.:

YOUR LETTER OF MAY 31, 1963, REQUESTS REVIEW OF THAT PART OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF MAY 27, 1963, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE AND MILEAGE INCIDENT TO YOUR CHANGE OF OFFICIAL DUTY STATION FROM SAN ANTONIO, TEXAS TO STAUNTON, VIRGINIA, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE RECORD SHOWS THAT YOU WERE AUTHORIZED BY ORDER NO. 78, MARCH 8, 1961, TO TRAVEL BY PRIVATELY-OWNED VEHICLE FROM SAN ANTONIO TO STAUNTON. REIMBURSEMENT FOR THE EXPENSES FOR YOUR TRAVEL WAS LIMITED BY THE ORDER TO THE COST OF TRAVEL BY COMMON CARRIER BETWEEN THESE LOCATIONS. YOU COMMENCED YOUR TRAVEL ON MARCH 11, 1961, AND ARRIVED IN STAUNTON ON MARCH 16, 1961. TRAVEL ORDER NO. 78 WAS AMENDED ON APRIL 20, 1961, TO AUTHORIZE REIMBURSEMENT OF YOUR TRAVEL EXPENSES BY PRIVATELY-OWNED VEHICLE WITHOUT LIMITATION TO THE COST OF TRAVEL BY USUAL COMMON CARRIER.

THE AMENDMENT OF YOUR TRAVEL ORDER WAS ISSUED MORE THAN THIRTY DAYS AFTER THE COMPLETION OF YOUR TRAVEL.

IT IS WELL ESTABLISHED THAT LEGAL RIGHTS AND LIABILITIES IN REGARD TO TRAVEL ALLOWANCES RESTS AS AND WHEN THE TRAVEL IS PERFORMED UNDER THE ORDERS, AND THAT SUCH ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE BECOME FIXED UNDER THE APPLICABLE STATUTES OR REGULATIONS UNLESS ERROR IS APPARENT ON THE FACE OF THE ORDERS, OR ALL FACTS AND CIRCUMSTANCES CLEARLY DEMONSTRATE THAT SOME PROVISION PREVIOUSLY DETERMINED AND DEFINITELY INTENDED HAD BEEN OMITTED THROUGH ERROR OR INADVERTENCE IN PREPARING THE ORDERS. 23 COMP. GEN. 713; 24 ID. 439.

IT APPEARS TO BE YOUR CONTENTION THAT THERE WAS AN ERROR MADE IN THE ISSUANCE OF THE ORIGINAL TRAVEL ORDERS IN LIMITING YOUR TRAVEL BY PRIVATELY-OWNED VEHICLE TO THE COST OF COMMON CARRIER SINCE YOU SAY IT WAS STATED TO YOU BY YOUR SUPERVISOR PRIOR TO YOUR TRAVEL THAT YOU WOULD BE REIMBURSED AT THE RATE OF 10 CENTS PER MILE WITHOUT ANY LIMITATION.

HOWEVER, REGARDLESS OF SUCH INTENTION, THE POLICY OF THE ADMINISTRATIVE OFFICE WITH RESPECT TO TRAVEL INCIDENT TO TRANSFERS OF PERMANENT DUTY STATIONS AS EVIDENCED BY THE PROVISIONS OF DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS T3.3-4A (2) DATED JUNE 18, 1959, IN EFFECT AT THE TIME OF YOUR TRANSFER, WAS TO LIMIT SUCH REIMBURSEMENT OF EXPENSES FOR TRAVEL BY PRIVATELY-OWNED VEHICLE TO THE COST BY THE GOVERNMENT FOR TRAVEL BY COMMON CARRIER. THUS, THERE WOULD APPEAR TO BE NO AUTHORITY FOR THE ISSUANCE OF TRAVEL ORDERS IN CONTRAVENTION OF THE REGULATIONS. FURTHERMORE, THE ORIGINAL TRAVEL ORDER WAS NOT AMBIGUOUS OR INCOMPLETE AND UPON THE RECORD DOES NOT CONTAIN AN OBVIOUS ERROR.

IN VIEW OF THE FOREGOING, THERE IS NO PROPER BASIS FOR ALLOWANCE OF ANY ADDITIONAL PER DIEM OR ADDITIONAL REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS. THEREFORE, THE DISALLOWANCE OF YOUR CLAIM MUST BE, AND IS, SUSTAINED.