Request for Retroactive Change of Travel Orders

An advance decision was requested as to whether travel orders could be retroactively amended to change a permanent duty station to a temporary duty station. A Foreign Service officer serving overseas was reassigned to Washington, D.C. After he began duty in Washington, he was nominated for another position overseas, and he entered training for that position in Washington. The officer and the agency claimed that it was intended that he would be assigned to another overseas post while overseas, rather than be assigned a tour in Washington. Thus, his stay in Washington should have been in the temporary duty status. He requested that his original travel orders be changed to reflect only temporary duty status in Washington since this would entitle him to per diem during that stay. Travel orders may not be revoked or modified retroactively unless an error is apparent on the face of the orders, or some provision previously determined and intended had been omitted through error or inadvertence. The record did not indicate such an error or inadvertence, but indicated that the employee was permanently assigned to Washington. The employee also collected a temporary lodging allowance when he reported for duty in Washington, which is payable only at an employee's new permanent duty station. The fact that his household goods were held overseas proved immaterial. Since the employee was not assigned anywhere else during the period in question, he could not be considered away from his post of duty while serving in Washington. Therefore, GAO could not conclude that the travel orders were issued without legal authority or under a mistake of fact or law. Accordingly, the travel orders could not be retroactively amended, and the employee's claim for per diem expenses was denied.