Claim for Additional Per Diem

B-199464: Aug 29, 1980

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Shirley Jones
(202) 512-8156


Office of Public Affairs
(202) 512-4800

A Marine Corps officer requested further consideration of his claim for additional per diem incident to temporary additional duty. The matter of this claim was the subject of a settlement by the Claims Division which disallowed it because the amendment to the orders which would have permitted increased per diem were issued retroactively after the travel in question was performed. The officer contended that the orders, as originally issued, were in error in that those orders provided for group travel when they were supposed to show individual travel. In addition, he indicated that the error was not detected by the authenticating officer, disbursing officer, or any of those affected until after the travel was performed. The officer and others performed temporary duty travel under competent orders which contained the designation group travel instead of individual travel, which would permit greater reimbursement for per diem. The general rule is that legal rights and liabilities with regard to travel allowances vest when travel is performed under orders issued by competent authority. As a result, the orders could not be revoked or modified retroactively. While the claimant alleged that the orders were improperly marked, there was nothing contained elsewhere in those orders which would support the claim. Therefore, there was no apparent error evidenced in the orders and no basis existed for recognizing the modification as constituting a proper amendment to those orders. Accordingly, the action taken by the Claims Division was sustained.