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B-122179, JANUARY 31, 1955, 34 COMP. GEN. 355

B-122179 Jan 31, 1955
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CLAIMS - RETROACTIVE MODIFICATION ORDERS - REQUIREMENT FOR GENERAL ACCOUNTING OFFICE SETTLEMENT CLAIMS FOR PAYMENT OF TRAVEL EXPENSES BASED ON RETROACTIVE MODIFICATION OR CORRECTION OF TRAVEL ORDERS ARE CONSIDERED OF DOUBTFUL VALIDITY AND MAY NOT BE PAID ADMINISTRATIVELY. ARE REQUIRED TO BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT. 1955: REFERENCE IS MADE TO LETTER OF NOVEMBER 16. WHILE COPIES OF SUCH ORDERS WERE NOT ENCLOSED WITH THE LETTER OF NOVEMBER 16. IT IS UNDERSTOOD THAT THEY ARE SIMILAR TO THOSE INVOLVED IN THE CASE OF LIEUTENANT (JG) LELAND S. WHICH WAS FORWARDED TO THIS OFFICE FOR DIRECT SETTLEMENT AS SUGGESTED IN OFFICE LETTER OF AUGUST 26. IT WAS STATED THAT PER DIEM WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS.

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B-122179, JANUARY 31, 1955, 34 COMP. GEN. 355

CLAIMS - RETROACTIVE MODIFICATION ORDERS - REQUIREMENT FOR GENERAL ACCOUNTING OFFICE SETTLEMENT CLAIMS FOR PAYMENT OF TRAVEL EXPENSES BASED ON RETROACTIVE MODIFICATION OR CORRECTION OF TRAVEL ORDERS ARE CONSIDERED OF DOUBTFUL VALIDITY AND MAY NOT BE PAID ADMINISTRATIVELY, BUT ARE REQUIRED TO BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF THE NAVY, JANUARY 31, 1955:

REFERENCE IS MADE TO LETTER OF NOVEMBER 16, 1954, FROM THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA, COPY ENCLOSED, REQUESTING AUTHORITY TO DISCONTINUE SENDING CERTAIN PER DIEM CLAIMS TO THIS OFFICE AND TO PAY SUCH CLAIMS LOCALLY, ON THE BASIS OF INFORMATION CONTAINED IN A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS TO THE COMMANDING OFFICER, FASRON 110, DATED OCTOBER 13, 1954.

THE CLAIMS REFERRED TO APPARENTLY INVOLVE A RETROACTIVE CORRECTION OF TRAVEL ORDERS. WHILE COPIES OF SUCH ORDERS WERE NOT ENCLOSED WITH THE LETTER OF NOVEMBER 16, IT IS UNDERSTOOD THAT THEY ARE SIMILAR TO THOSE INVOLVED IN THE CASE OF LIEUTENANT (JG) LELAND S. KOLLMORGEN, USN, WHICH WAS FORWARDED TO THIS OFFICE FOR DIRECT SETTLEMENT AS SUGGESTED IN OFFICE LETTER OF AUGUST 26, 1954, TO THE COMMANDING OFFICER, NAVAL AIR STATION, MIRAMAR, CITING 24 COMP. GEN. 439.

ORDERS OF AUGUST 25, 1953, ISSUED AT THE U.S. NAVAL AIR STATION, PENSACOLA, FLORIDA, DIRECTED LIEUTENANT KOLLMORGEN TO PROCEED TO THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, AND REPORT TO THE CHIEF OF NAVAL AIR ADVANCED TRAINING FOR "TEMPORARY DUTY UNDER INSTRUCTION" IN A FLYING STATUS INVOLVING OPERATIONAL AND TRAINING FLIGHTS, AND IT WAS STATED THAT PER DIEM WAS AUTHORIZED IN ACCORDANCE WITH PARAGRAPH 4205 OF THE JOINT TRAVEL REGULATIONS. SUCH ORDERS WERE AMENDED UNDER DATE OF MAY 24, 1954, TO INCLUDE THE FOLLOWING SENTENCE: "1UPON COMPLETION OF THIS TEMPORARY DUTY UNDER INSTRUCTION YOU WILL BE FURTHER ASSIGNED BY THE CHIEF OF NAVAL AIR ADVANCED TRAINING.' TEMPORARY DUTY WAS PERFORMED AT CORPUS CHRISTI FOR APPROXIMATELY 4 1/2 MONTHS PRIOR TO PROCEEDING TO THE NAVAL AIR STATION AT MIRAMAR AND REPORTING FOR DUTY PURSUANT TO ORDERS OF DECEMBER 16, 1953. AN EXPLANATION WAWS MADE UNDER DATE OF JULY 9, 1954, THAT THE ORDERS WERE AMENDED AS INDICATED TO SUPPLY AN ERRONEOUS OMISSION AND THAT THE AMENDMENT DID NOT CHANGE THE ORIGINAL INTENT. THE ORDERS, AS AMENDED, DIRECTED THE PERFORMANCE OF "TEMPORARY DUTY" IN LANGUAGE SIMILAR TO THAT USED IN PARAGRAPH 3003 2, JOINT TRAVEL REGULATIONS, WHERE TEMPORARY DUTY IS DEFINED AS DUTY AT A PLACE OTHER THAN THE PERMANENT STATION, TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR A FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION. SINCE, HOWEVER, THE ORIGINAL ORDERS ON THEIR FACE PRESCRIBED TEMPORARY DUTY, WITH PER DIEM, UNDER CONDITIONS CONTEMPLATING A FURTHER ASSIGNMENT UPON COMPLETION OF THE PERIOD OF INSTRUCTION, THE AMENDMENT IS NOT REGARDED AS MAKING ANY MATERIAL CHANGE IN THEIR EFFECT.

WHILE THE LETTER OF OCTOBER 13, 1954, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS INDICATES THAT THE INSTRUCTIONS CONTAINED IN 24 COMP. GEN. 439, HAVE BEEN SUPERSEDED AND THAT THEREFORE CLAIMS FOR ADDITIONAL PAYMENTS BASED ON RETROACTIVE MODIFICATION OR CORRECTION OF TRAVEL ORDERS NEED NOT BE SUBMITTED TO THIS OFFICE FOR SETTLEMENT, NO SUCH CHANGE IN HANDLING THOSE CLAIMS HAS BEEN AUTHORIZED. A CLAIM BASED ON A RETROACTIVE CHANGE IN TRAVEL ORDERS IS CONSIDERED TO BE OF DOUBTFUL VALIDITY AND THE PRACTICE OF SENDING THEM TO THE CLAIMS DIVISION OF THIS OFFICE FOR DIRECT SETTLEMENT IN ACCORDANCE WITH 24 COMP. GEN. 439 SHOULD BE CONTINUED. HOWEVER, IF THE CLAIMS BEFORE THE DISBURSING OFFICER AT THE NAVAL AIR STATION, MIRAMAR, INVOLVE ORDERS, AND CONDITIONS LIKE THOSE IN LIEUTENANT KOLLMORGEN'S CLAIM, THIS OFFICE WOULD NOT OBJECT TO THE PAYMENT OF SUCH CLAIMS ADMINISTRATIVELY, IF THEY ARE OTHERWISE CORRECT.

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