B-134609, MAY 26, 1958
Highlights
ROMINE: REFERENCE IS MADE TO YOUR LETTER OF APRIL 14. YOU HAVE SUBMITTED A COPY OF SPECIAL ORDERS NO. 203. THAT NO ORDERS WERE EVER ISSUED SPECIFICALLY DIRECTING TEMPORARY DUTY DURING THIS PERIOD. AS WAS POINTED OUT IN OUR DECISION OF MARCH 31. PARAGRAPH 3000 1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH 3002 GOES ON TO PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT TO SUCH TRAVEL. IT IS FURTHER PROVIDED THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING THE DATE OF THE VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS.
B-134609, MAY 26, 1958
TO MR. ROBERT N. ROMINE:
REFERENCE IS MADE TO YOUR LETTER OF APRIL 14, 1958, REQUESTING REVIEW OF THAT PART OF OUR DECISION DATED MARCH 31, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD APRIL 30, 1956, TO OCTOBER 16, 1956, INCIDENT TO DUTY PERFORMED AS AN ENLISTED MEMBER OF THE U.S. ARMY.
IN SUPPORT OF YOUR REQUEST FOR REVIEW, YOU HAVE SUBMITTED A COPY OF SPECIAL ORDERS NO. 203, DATED OCTOBER 16, 1956, ISSUED BY HEADQUARTERS, THE ENGINEER CENTER AND FORT BELVOIR, FORT BELVOIR, VIRGINIA. YOU APPEAR TO BELIEVE THAT THESE ORDERS ASSIGNING YOU TO PERMANENT DUTY AT THE ARMY MAP SERVICE, EFFECTIVE OCTOBER 18, 1956, CONSTITUTE AUTHORITY FOR PAYMENT OF PER DIEM TO YOU FOR THE PERIOD APRIL 30 TO OCTOBER 16, 1956, BECAUSE THEY CONTAIN THE STATEMENT "PRESENTLY ON TDY W/AMS (9814) 6500 BROOKS LANE WASHINGTON 25 DC.' YOU DO AGREE, HOWEVER, THAT NO ORDERS WERE EVER ISSUED SPECIFICALLY DIRECTING TEMPORARY DUTY DURING THIS PERIOD.
AS WAS POINTED OUT IN OUR DECISION OF MARCH 31, 1958, PARAGRAPH 3000 1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH 3002 GOES ON TO PROVIDE THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT TO SUCH TRAVEL. IT IS FURTHER PROVIDED THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING THE DATE OF THE VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. WHILE THE ORDERS OF OCTOBER 16, 1956, ASSIGNING YOU TO PERMANENT STATION AT THE ARMY MAP SERVICE, WASHINGTON, D.C., RECITED THAT YOU WERE THEN ON TEMPORARY DUTY AT THAT STATION, THEY DO NOT IN ANYWAY PURPORT TO CONFIRM PRIOR VERBAL ORDERS TO PERFORM SUCH TEMPORARY DUTY. HENCE, THESE ORDERS DO NOT MEET THE REQUIREMENTS OF THE CITED REGULATIONS SO AS TO ENTITLE YOU TO PER DIEM FOR THE PERIOD INVOLVED.
ACCORDINGLY, UNDER THE FACTS OF RECORD IN THIS CASE, WE HAVE NO ALTERNATIVE BUT TO ADHERE TO OUR PREVIOUS ACTION.