B-168869, MAR. 10, 1970

B-168869: Mar 10, 1970

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IS SUSTAINED. AS REFLECTED BY STATEMENT IN TRAVEL ORDER NO. 2118 ISSUED IN CONFIRMATION OF VERBAL ORDERS OF COMMANDING OFFICER AND FACT THAT NO OTHER DOCUMENTS HAVE BEEN FOUND TO SUPPORT CHANGE OF STATION IS NOT CONTROLLING. EVEN IF VIEW IS TAKEN THAT CHANGE OF STATION HAD NOT BEEN AUTHORIZED. THERE IS NO INDICATION THAT PER DIEM WAS EVER AUTHORIZED FOR DUTY IN CHAMBERSBURG. YOUR CLAIM IS BASED ON SCHENECTADY. THE CLAIM WAS DISALLOWED BECAUSE THE RECORD INDICATED THAT FOR PURPOSES OF TRAVEL DURING THE ABOVE PERIODS YOUR OFFICIAL DUTY STATION ADMINISTRATIVELY HAD BEEN CHANGED FROM SCHENECTADY. AS A RESULT YOUR OFFICIAL DUTY STATION FOR PURPOSES OF TRAVEL IS STATED TO HAVE BEEN CHANGED FROM SCHENECTADY TO LAD.

B-168869, MAR. 10, 1970

TRAVEL EXPENSES--HEADQUARTERS--DETERMINATION DENIAL OF ARMY EMPLOYEE'S CLAIM FOR TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE EXPENSES FOR PERIOD SPENT IN CHAMBERSBURG, PA. IS SUSTAINED, SINCE RECORDS INDICATE OFFICIAL DUTY STATION HAD BEEN ADMINISTRATIVELY CHANGED FROM SCHENECTADY, N.Y. TO LETTERKENNY ARMY DEPOT, CHAMBERSBURG, PA. AS REFLECTED BY STATEMENT IN TRAVEL ORDER NO. 2118 ISSUED IN CONFIRMATION OF VERBAL ORDERS OF COMMANDING OFFICER AND FACT THAT NO OTHER DOCUMENTS HAVE BEEN FOUND TO SUPPORT CHANGE OF STATION IS NOT CONTROLLING. EVEN IF VIEW IS TAKEN THAT CHANGE OF STATION HAD NOT BEEN AUTHORIZED, THERE IS NO INDICATION THAT PER DIEM WAS EVER AUTHORIZED FOR DUTY IN CHAMBERSBURG.

TO MR. GEORGE E. REARDON:

YOUR UNDATED LETTER, WITH ENCLOSURES, ACKNOWLEDGED JANUARY 23, 1970, IN EFFECT REQUESTS A REVIEW OF OUR SETTLEMENT DATED OCTOBER 25, 1966, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL EXPENSES AND PER DIEM IN LIEU OF SUBSISTENCE EXPENSES DURING THE PERIODS FROM APRIL 29 TO JUNE 1 AND FROM JUNE 23 TO JLY 3, 1963, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, LETTERKENNY ARMY DEPOT (LAD), CHAMBERSBURG, PENNSYLVANIA.

YOUR CLAIM IS BASED ON SCHENECTADY, NEW YORK, BEING YOUR OFFICIAL DUTY STATION DURING THE PERIODS INVOLVED RATHER THAN CHAMBERSBURG, PENNSYLVANIA. THE CLAIM WAS DISALLOWED BECAUSE THE RECORD INDICATED THAT FOR PURPOSES OF TRAVEL DURING THE ABOVE PERIODS YOUR OFFICIAL DUTY STATION ADMINISTRATIVELY HAD BEEN CHANGED FROM SCHENECTADY, NEW YORK, TO LAD HEADQUARTERS AT CHAMBERSBURG. THE SUBSTANCE OF YOUR LETTER CONCERNS THE FACT THAT YOUR OFFICIAL DUTY STATION HAD BEEN AT SCHENECTADY "BOTH BEFORE AND AFTER THE PERIOD OF TRAVEL FUND CURTAILMENT."

THE DEPARTMENT OF THE ARMY REPORTS THAT DURING THE PERIOD OF YOUR CLAIM, HIGHER HEADQUARTERS DIRECTED THE CURTAILMENT OF TEMPORARY DUTY TRAVEL BECAUSE OF SERIOUS FUND SHORTAGE. AS A RESULT YOUR OFFICIAL DUTY STATION FOR PURPOSES OF TRAVEL IS STATED TO HAVE BEEN CHANGED FROM SCHENECTADY TO LAD, EFFECTIVE APRIL 30, 1963. THIS IS REFLECTED BY THE STATEMENT IN TRAVEL ORDER NO. 2118, APPROVED MAY 3, 1963, ISSUED IN CONFIRMATION OF VERBAL ORDERS OF THE COMMANDING OFFICER. THE FACT THAT NO OTHER DOCUMENTS HAVE BEEN LOCATED TO SUPPORT THE CHANGE OF STATION IS NOT CONTROLLING. MAY BE THAT YOUR CHANGE OF STATION WAS AUTHORIZED VERBALLY OR THAT DOCUMENTS WERE ISSUED AND LATER LOST.

YOUR TRIP TO SCHENECTADY ON JUNE 1 AND YOUR RETURN TO CHAMBERSBURG ON JUNE 23, 1963, APPEAR TO HAVE BEEN PRIMARILY FOR THE PURPOSE OF USING THE ANNUAL AND SICK LEAVE THAT YOU MENTION. MOREOVER, EVEN IF THE VIEW BE TAKEN THAT A CHANGE OF STATION HAD NOT OCCURRED, THERE IS NO INDICATION THAT ANY PER DIEM WAS EVER AUTHORIZED FOR THE DUTY IN CHAMBERSBURG.

THEREFORE, BASED ON THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF OCTOBER 25, 1966, IS SUSTAINED.