B-23196, FEB 4, 1942
Highlights
IS FORWARDED FOR DECISION IN ADVANCE OF PAYMENT. PARKER WAS ON TEMPORARY DUTY IN THE OFFICE OF THE QUARTERMASTER GENERAL FROM AUGUST 6TH TO AUGUST 18TH. TRAVEL ORDERS AUTHORIZING PAYMENT OF A PER DIEM ALLOWANCE DURING THAT PERIOD WERE ISSUED BY THE QUARTERMASTER GENERAL UNDER DATE OF OCTOBER 20. STATING THAT "THIS TEMPORARY DUTY WAS PERFORMED IN ADVANCE OF RECEIPT OF ORDERS THEREFOR. THERE IS NO EXPLANATION AS TO THE REASON FOR A DELAY TO TWO MONTHS BEFORE ISSUING THE ORDERS. "2. THIS OFFICE IS IN DOUBT AS TO WHETHER PAYMENT MAY BE MADE ON THE ATTACHED VOUCHER IN THE ABSENCE OF SPECIFIC INSTRUCTIONS AS TO THE PER DIEM ALLOWANCE TO BE PAID. THE UNDERSIGNED IS A DISBURSING OFFICER AND THE VOUCHER HAS BEEN PRESENTED TO HIM FOR PAYMENT.".
B-23196, FEB 4, 1942
PRECIS-UNAVAILABLE
LIEUTENANT COLONEL N. H. COBBS, F.D., U.S. ARMY:
FORT MCHENRY, BALTIMORE, MARYLAND
BY FIRST INDORSEMENT DATED JANUARY 15, 1942, THE CHIEF OF FINANCE, WAR DEPARTMENT, FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF DECEMBER 6, 1941, AS FOLLOWS:
"1. VOUCHER FOR REIMBURSEMENT OF TRAVEL EXPENSES OF MR. CARL J. PARKER, AN EMPLOYEE AT HOLABIRD QUARTERMASTER DEPOT, BALTIMORE, MARYLAND, IS FORWARDED FOR DECISION IN ADVANCE OF PAYMENT. MR. PARKER WAS ON TEMPORARY DUTY IN THE OFFICE OF THE QUARTERMASTER GENERAL FROM AUGUST 6TH TO AUGUST 18TH, 1941. TRAVEL ORDERS AUTHORIZING PAYMENT OF A PER DIEM ALLOWANCE DURING THAT PERIOD WERE ISSUED BY THE QUARTERMASTER GENERAL UNDER DATE OF OCTOBER 20, 1941, STATING THAT "THIS TEMPORARY DUTY WAS PERFORMED IN ADVANCE OF RECEIPT OF ORDERS THEREFOR, DUE TO THE URGENT NEED FOR DRAFTING AND PLANNING WAREHOUSE FACILITIES FOR FORT WAYNE MOTOR SUPPLY DEPOT, ETC. AND ORDERS THEREFOR COULD NOT BE ISSUED IN ADVANCE." HOWEVER, THERE IS NO EXPLANATION AS TO THE REASON FOR A DELAY TO TWO MONTHS BEFORE ISSUING THE ORDERS.
"2. THIS OFFICE IS IN DOUBT AS TO WHETHER PAYMENT MAY BE MADE ON THE ATTACHED VOUCHER IN THE ABSENCE OF SPECIFIC INSTRUCTIONS AS TO THE PER DIEM ALLOWANCE TO BE PAID, ISSUED IN ADVANCE OF THE TRAVEL.
"3. THE UNDERSIGNED IS A DISBURSING OFFICER AND THE VOUCHER HAS BEEN PRESENTED TO HIM FOR PAYMENT."
LETTER DATED OCTOBER 20, 1941, FROM THE QUARTERMASTER GENERAL TO THE COMMANDING OFFICER, HOLABIRD QUARTERMASTER DEPOT, BALTIMORE, MARYLAND, REGARDING THE SUBMITTED MATTER, IS AS FOLLOWS:
"1. IN ORDER TO EXPEDITE NEW WAREHOUSING FACILITIES, THE TEMPORARY DUTY PERFORMED DURING THE PERIOD FROM AUGUST 6, TO AUGUST 18, 1941, BY CARL J. PARKER, ASSISTANT INDUSTRIAL ENGINEER, HOLABIRD QUARTERMASTER DEPOT, BALTIMORE, MARYLAND, IN OFFICE OF THE QAURTERMASTER GENERAL, SPARE PARTS BRANCH, WASHINGTON, D.C., IS HEREBY CONFIRMED. THIS TEMPORARY DUTY WAS PERFORMED IN ADVANCE OF RECEIPT OF ORDERS THEREFORE, DUE TO THE URGENT NEED FOR DRAFTING AND PLANNING WAREHOUSE FACILITIES FOR THE FORT WAYNE MOTOR SUPPLY DEPOT, AND FOR THE COMPILING OF REQUISITIONS AND EQUIPMENT REQUIREMENTS AND PLANS FOR INSTALLATION AT THE LITTLE ROCK QAURTERMASTER DEPOT, AND ORDERS THEREFORE COULD NOT BE ISSUED IN ADVANCE.
"2. THIS TEMPORARY DUTY WAS NECESSARY IN THE GOVERNMENT SERVICE AND THE PER DIEM OF $5.00 IS CHARGEABLE TO FD 1467 P 11-06 A 0410-2, FUNDS HELD IN YOUR OFFICE."
PARAGRAPHS 6 AND 7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDE:
"PRIOR AUTHORITY.-- EXCEPT AS PROVIDED IN PARAGRAPH 7 FOLLOWING, THE AUTHORITY SHALL BE ISSUED PRIOR TO THE INCURRENCE OF THE EXPENSES, AND SHALL SPECIFY THE TRAVEL TO BE PERFORMED AS DEFINITELY AS CIRCUMSTANCES WILL PERMIT."
"APPROVAL.-- WHENEVER TRAVEL HAS BEEN PERFORMED AND EXPENSE INCURRED ON ACCOUNT OF AN EMERGENCY, OR WITHOUT PRIOR AUTHORITY, THE TRAVEL VOUCHER MUST BE APPROVED BY THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT, OR BY AN OFFICIAL DESIGNATED BY HIM FOR THIS PURPOSE, AND SUCH APPROVAL SHALL CONSTITUTE THE AUTHORITY FOR THE TRAVEL. ALL VOUCHERS SUBMITTED ON ACCOUNT OF MUCH TRAVEL MUST CONTAIN A SATISFACTORY STATEMENT OF THE FACTS CONSTITUTING THE NECESSITY THEREFORE."
IT IS A WELL-ESTABLISHED RULE THAT ORDERS DENYING, INCREASING, OR DECREASING, A PREVIOUSLY PRESCRIBED PER DIEM ALLOWANCE MAY NOT BE MADE EFFECTIVE RETROACTIVELY. 7 COMP.GEN. 276; 11 ID. 404. HOWEVER, SINCE HERE THERE HAS BEEN AN ENTIRE OMISSION TO ISSUE A TRAVEL ORDER IN ADVANCE DUE TO AN EMERGENCY, AND, SUBSEQUENT TO THE TRAVEL, THE DEFICIENCY HAS BEEN SUPPLIED BY THE SUBMISSION OF AN APPROVAL OF THE SAID TRAVEL AND A SATISFACTORY STATEMENT OF THE FACTS CONSTITUTING THE NECESSITY FOR THE EMERGENCY TRAVEL, IN ACCORDANCE WITH PARAGRAPH 7 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, SUPRA, PAYMENT OF THE AMOUNT OF THE CLAIM IS NOT TO BE CONSIDERED AS OBJECTIONABLE UNDER THE ABOVE-STATED RULE AGAINST RETROACTIVE CHANGES IN TRAVEL ORDERS.
THE VOUCHER IS RETURNED HEREWITH AND PAYMENT THEREON IS AUTHORIZED, IN THE ABSENCE OF OTHER OBJECTIONS.