B-154378, JUL. 9, 1964

B-154378: Jul 9, 1964

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M.D.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 28. YOU STATE THAT THE TRIPS MADE FOR THE TWO PERIODS IN QUESTION WERE PURSUANT TO "VERBAL ORDERS" FROM A. YOU WERE ORDERED TO ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE EFFECTIVE JULY 1. WAS AMENDED TO INCLUDE TEMPORARY DUTY AT THE UNIVERSITY OF CALIFORNIA MEDICAL CENTER. WAS DENIED IN THE ABSENCE OF ORDERS AUTHORIZING YOU TO PERFORM TEMPORARY DUTY AT THAT PLACE. YOUR TEMPORARY DUTY STATION AT SAN FRANCISCO WAS DENIED BECAUSE THERE IS NO AUTHORITY FOR AUTHORIZING SUCH TRAVEL. WAS ALSO DENIED IN THE ABSENCE OF ORDERS DIRECTING SUCH TRAVEL. " AND THAT YOU WERE ALSO INSTRUCTED TO VISIT DONNER LABS IN BERKELEY. BECAUSE IT WAS HALFWAY BETWEEN SAN FRANCISCO AND PALO ALTO AND AFFORDED EASY ACCESS TO BOTH THE UNIVERSITY OF CALIFORNIA HOSPITALS AND STANFORD UNIVERSITY.

B-154378, JUL. 9, 1964

TO ROBERT J. MILLER, M.D.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 28, 1964, REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT OF APRIL 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM DURING THE PERIOD JULY 3 TO 31, 1962, AND TRAVEL ALLOWANCE FROM BURLINGAME, CALIFORNIA, TO BERKELEY, CALIFORNIA, AND RETURN ON AUGUST 27, 1962. IN MAKING THIS REQUEST FOR RECONSIDERATION, YOU STATE THAT THE TRIPS MADE FOR THE TWO PERIODS IN QUESTION WERE PURSUANT TO "VERBAL ORDERS" FROM A. BERTRAND BRILL, M.D. AND MR. WILLIAM TOLSON.

THE RECORD SHOWS THAT BY PERSONNEL ORDER NO. 124 DATED JUNE 28, 1962, YOU WERE ORDERED TO ACTIVE DUTY AS A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE EFFECTIVE JULY 1, 1962, TO REPORT TO HIROSHIMA, JAPAN, WITH TEMPORARY DUTY TO BE PERFORMED AT WASHINGTON, D.C., AND ROCKVILLE, MARYLAND; THAT BY ORDER OF JULY 20, 1962, THE ORDER OF JUNE 28, 1962, WAS AMENDED TO INCLUDE TEMPORARY DUTY AT THE UNIVERSITY OF CALIFORNIA MEDICAL CENTER, SAN FRANCISCO, CALIFORNIA. THE AMENDATORY ORDER (JULY 20, 1962) STATES THAT THIS CONFIRMS THE VERBAL ORDER OF THE SURGEON GENERAL OF JULY 13, 1962. NO FURTHER ORDERS APPEAR OF RECORD.

OUR CLAIMS DIVISION BY SETTLEMENT DATED APRIL 1, 1964, ALLOWED YOU THE SUM OF $336 (21 DAYS AT $16 A DAY) REPRESENTING PER DIEM FOR THE PERIOD AUGUST 13 TO SEPTEMBER 2, 1962, WHILE ON TEMPORARY DUTY AT THE UNIVERSITY OF CALIFORNIA MEDICAL CENTER, SAN FRANCISCO, CALIFORNIA. YOUR CLAIM FOR PER DIEM FOR THE PERIOD JULY 3 TO 31, 1962, WHILE AT STANFORD UNIVERSITY, PALO ALTO, CALIFORNIA, WAS DENIED IN THE ABSENCE OF ORDERS AUTHORIZING YOU TO PERFORM TEMPORARY DUTY AT THAT PLACE. ALSO, YOUR CLAIM FOR MILEAGE FOR TRAVEL PERFORMED BETWEEN YOUR RESIDENCE AT BURLINGAME, CALIFORNIA, AND YOUR TEMPORARY DUTY STATION AT SAN FRANCISCO WAS DENIED BECAUSE THERE IS NO AUTHORITY FOR AUTHORIZING SUCH TRAVEL. YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM BURLINGAME TO BERKELEY, CALIFORNIA, AND RETURN, WAS ALSO DENIED IN THE ABSENCE OF ORDERS DIRECTING SUCH TRAVEL.

IN YOUR REQUEST FOR RECONSIDERATION, YOU STATE THAT YOU ATTENDED THE STATISTICS SEMINARS AT STANFORD UNIVERSITY FROM JULY 5 TO AUGUST 13, 1962, ON VERBAL ORDERS FROM "A. BERTRAND BRILL, .D., AND MR. WILLIAM TOLSON, PROGRAM MANAGEMENT OFFICER, DIVISION OF RADIOLOGICAL HEALTH," AND THAT YOU WERE ALSO INSTRUCTED TO VISIT DONNER LABS IN BERKELEY. YOU FURTHER STATE THAT YOU LOCATED YOUR HOME IN BURLINGAME, CALIFORNIA, BECAUSE IT WAS HALFWAY BETWEEN SAN FRANCISCO AND PALO ALTO AND AFFORDED EASY ACCESS TO BOTH THE UNIVERSITY OF CALIFORNIA HOSPITALS AND STANFORD UNIVERSITY. YOU SAY THAT YOU DID WHAT YOU WERE ORDERED TO DO AND FOR THAT REASON YOU BELIEVE YOU ARE ENTITLED TO THE ALLOWANCES.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (A) (NOW 37 U.S.C. 404 (A) AND (D) (, PROVIDES AUTHORITY UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED FOR THE PAYMENT TO A MEMBER OF THE UNIFORMED SERVICES OF TRAVEL ALLOWANCES AND PER DIEM FOR TRAVEL PERFORMED "UNDER COMPETENT ORDERS" AND "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY.' PARAGRAPHS 3000 AND 3001 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE ABOVE-CITED STATUTE, PROVIDE THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED UNLESS THE TRAVEL IS PERFORMED UNDER EXISTING WRITTEN ORDERS OF COMPETENT AUTHORITY. PARAGRAPH 3002-2 PROVIDES FOR REIMBURSEMENT FOR TRAVEL PERFORMED UNDER VERBAL ORDERS GIVEN IN ADVANCE OF TRAVEL, IF SUCH VERBAL ORDERS SUBSEQUENTLY ARE CONFIRMED IN WRITING AND APPROVED BY COMPETENT AUTHORITY. THAT AUTHORITY IS CONSIDERED TO CONTEMPLATE ONLY THOSE SITUATIONS WHERE EXIGENCIES OF THE SERVICE MAKE UNFEASIBLE THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF TRAVEL IF THE DEFICIENCY IS REMEDIED AT THE EARLIEST PRACTICABLE TIME BY THE ISSUANCE OF WRITTEN CONFIRMING ORDERS. AS INDICATED ABOVE, YOUR ORDERS AS AMENDED, DIRECTED TEMPORARY DUTY AT WASHINGTON, D.C., ROCKVILLE, MARYLAND, AND SAN FRANCISCO, CALIFORNIA, ONLY. THE MERE FACT THAT YOU WERE VERBALLY AUTHORIZED TO ATTEND SEMINARS AT SANFORD UNIVERSITY AND TO VISIT THE DONNER LABS IN BERKELEY, AFFORDS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM CONTRARY TO REGULATIONS. THERE IS NOTHING IN THE RECORD BEFORE US WHICH WOULD INDICATE THAT THE VERBAL ORDERS WHICH YOU SPEAK OF WERE CONFIRMED IN WRITING AND APPROVED BY COMPETENT AUTHORITY SHORTLY AFTER THEIR ISSUANCE.

IN THE ABSENCE OF ADDITIONAL COMPETENT TRAVEL ORDERS, NO FURTHER PAYMENT IS AUTHORIZED AND THE SETTLEMENT OF APRIL 1, 1964, IS SUSTAINED.