B-137350, AUG. 26, 1959

B-137350: Aug 26, 1959

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BLACKBURN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 2. THE MAJOR PORTION OF YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF SEPTEMBER 20. UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF NOVEMBER 26. ON PERMANENT CHANGE OF STATION TO CAMP CRAWFORD IS STRONG EVIDENCE THAT THE WRITTEN ORDERS RECEIVED BY YOU WERE NOT IN ACCORD WITH HIS VERBAL ORDERS ISSUED ON DECEMBER 18. WERE NOT ACTUALLY ISSUED. YOU ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD IN QUESTION * * *.'. THAT THE ORDERS WERE AMENDED TO DESIGNATE A PORTION OF THE TIME COVERED BY THE ORDERS AS FIELD DUTY. THAT FROM SUCH TEMPORARY DUTY YOU WERE PLACED ON FURTHER TEMPORARY DUTY AT THE SAME STATION. THAT YOU WERE IN A PER DIEM STATUS UNDER THE FIRST ORDERS.

B-137350, AUG. 26, 1959

TO CAPTAIN ASA O. BLACKBURN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 2, 1959, RELATIVE TO YOUR CLAIM FOR PER DIEM FOR THE PERIOD DECEMBER 18, 1954, TO APRIL 29, 1955.

THE MAJOR PORTION OF YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF SEPTEMBER 20, 1957, AND UPON REVIEW SUCH ACTION WAS SUSTAINED BY OUR DECISION OF NOVEMBER 26, 1958, B-137350, IN PART, AS FOLLOWS:

"THE ACTION OF THE COMMANDING GENERAL, HEADQUARTERS FIRST CAVALRY DIVISION, APO 2CL. IN REVOKING THE ORDERS OF DECEMBER 20, 1954, JANUARY 20, 1955, AND MARCH 7, 1955, AND UNEQUIVOCALLY CONFIRMING BY ORDERS OF MAY 14, 1955, VERBAL ORDERS OF DECEMBER 18, 1954, DIRECTING YOU TO PROCEED ON DECEMBER 18, 1954, ON PERMANENT CHANGE OF STATION TO CAMP CRAWFORD IS STRONG EVIDENCE THAT THE WRITTEN ORDERS RECEIVED BY YOU WERE NOT IN ACCORD WITH HIS VERBAL ORDERS ISSUED ON DECEMBER 18, 1954. WHILE YOU ALLEGE THAT THE VERBAL ORDERS CONFIRMED ON MAY 14, 1955, WERE NOT ACTUALLY ISSUED, YOUR STATEMENT, A YEAR AFTER THE DUTY HAD BEEN COMPLETED, MAY NOT BE CONSIDERED SUFFICIENT FOR THIS OFFICE TO DISREGARD THE OFFICIAL CONFIRMATORY ORDERS ISSUED. ACCORDINGLY, ON THE PRESENT RECORD, YOU ARE NOT ENTITLED TO PER DIEM FOR THE PERIOD IN QUESTION * * *.'

IN YOUR PRESENT LETTER YOU STATE THAT THE "NO PER DIEM" PROVISION IN THE ORDERS OF OCTOBER 28, 1954, HAD NO MEANING; THAT THE ORDERS WERE AMENDED TO DESIGNATE A PORTION OF THE TIME COVERED BY THE ORDERS AS FIELD DUTY; THAT FROM SUCH TEMPORARY DUTY YOU WERE PLACED ON FURTHER TEMPORARY DUTY AT THE SAME STATION; THAT YOU WERE IN A PER DIEM STATUS UNDER THE FIRST ORDERS, AND THAT YOU BELIEVE A PER DIEM STATUS SHOULD CONTINUE WHEN YOU ARE PLACED ON FURTHER TEMPORARY DUTY AT A TEMPORARY STATION. ALSO, YOU HAVE FURNISHED AN EXTRACT FROM ARMY REGULATIONS 37-106 RELATING TO TRAVEL ALLOWANCE AND HAVE UNDERLINED THE SENTENCE "NO ACTION MAY BE TAKEN ADMINISTRATIVELY TO INCREASE OR DECREASE THE LEGAL LIABILITY OF THE UNITED STATES SUBSEQUENT TO PERFORMANCE OF ALL OR ANY PART OF THE DIRECTED TRAVEL.' YOU FURTHER STATE THAT WHILE YOU DID NOT PRESENT A FORMAL CLAIM UNTIL ONE YEAR AFTER THE DUTY WAS PERFORMED, YOU MADE NUMEROUS EARLY ATTEMPTS WITHIN YOUR ORGANIZATION TO COLLECT PER DIEM. IN THIS CONNECTION YOU HAVE FURNISHED A FORM EXECUTED BY YOU ON MAY 5, 1955, REQUESTING THAT ORDERS OF DECEMBER 20, 1954, JANUARY 20, 1955 AND MARCH 7, 1955, BE REVOKED AND THAT ORDERS BE ISSUED AND FUNDS ALLOTTED FOR TEMPORARY DUTY FOR 133 DAYS BEGINNING DECEMBER 18, 1954. THIS REQUEST WAS REJECTED BY THE COMMANDING GENERAL, FIRST CAVALRY DIVISION, ON THE BASIS OF CERTAIN NUMBERED INCLOSURES NOT FURNISHED BY YOU BUT WHICH PRESUMABLY INCLUDED SPECIAL ORDERS NO. 113, MAY 14, 1955.

AS STATED IN THE DECISION OF NOVEMBER 26, 1958, CAMP CRAWFORD BECAME YOUR PERMANENT STATION EFFECTIVE DECEMBER 18, 1954, BY REASON OF VERBAL ORDERS OF THAT DATE. HENCE, THE CONFIRMATION OF THOSE ORDERS ON MAY 14, 1955, DID NOT INCREASE OR DECREASE THE LIABILITY OF THE UNITED STATES AFTER THE DUTY WAS PERFORMED. THEY MERELY MADE OF WRITTEN RECORD THAT WHICH HAD BEEN ORDERED BEFORE THE DUTY BEGAN. SINCE, UNDER THE VERBAL ORDERS OF DECEMBER 18, 1954--- CONFIRMED IN WRITING BY THE ORDERS OF MAY 14, 1955--- CAMP CRAWFORD BECAME A PERMANENT STATION EFFECTIVE AS OF THAT DATE, NO PER DIEM WAS AUTHORIZED FOR ANY DUTY, OR ADDITIONAL DUTY, PERFORMED AT THAT STATION AFTER THAT DATE.

SINCE YOUR LETTER FURNISHES NO NEW EVIDENCE OR INFORMATION WARRANTING ALLOWANCE OF YOUR CLAIM, THE DECISION OF NOVEMBER 26, 1958, IS AFFIRMED.

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