Claim for Expenses Incurred While Accompanying Dependent Wife for Medical Treatment

An Air Force member appealed a settlement of the Claims Division which denied his claim for reimbursement of actual expenses incurred while accompanying his wife for medical treatment. The member's commanding officer approved permissive temporary duty (TDY) for the member, which specifically provided that travel by that order did not entitle the traveler to expense of travel or per diem. The member contended that, under provisions of the Joint Travel Regulations, he should have received per diem rather than permissive TDY. Travel orders may not be revoked or modified retroactively so as to increase or decrease the rights and benefits which have been fixed under the applicable statutes or regulations. An exception may be made only when an error is apparent on the face of the order and all facts and circumstances clearly demonstrate that some provision previously determined and definitely intended was omitted through error or inadvertence in preparing the order. The record did not clearly demonstrate that the order issued to the member was erroneous, nor did it reflect other than the commanding officer's intent. The record did indicate that the order issuing authority intended to authorize permissive TDY only, with no cost to the Government. GAO found that the orders issued to the member were proper in the circumstances at the time of issuance. Therefore, the action of the Claims Division denying the member's claim was sustained.