B-125517, FEB 17, 1959

B-125517, FEB 17, 1959

PRECIS-UNAVAILABLE

MR. HAROLD L. MARCROFT:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 4, 1958, AGAIN QUESTIONING THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM WHILE SERVING AS A MAJOR, UNITED STATES AIR FORCE. YOU REQUEST A CITATION TO THE LAW OR EXECUTIVE ORDER WHICH AUTHORIZES THIS OFFICE TO DENY PER DIEM ON THE BASIS THAT THE DELAY IN CONFIRMING VERBAL ORDERS WAS EXCESSIVE.

THERE IS NO STATUTE OR EXECUTIVE ORDER WHICH EXPRESSLY GRANTS THAT AUTHORITY. HOWEVER, THE ACCOUNTING OFFICERS OF THE GOVERNMENT ARE CHARGED WITH THE RESPONSIBILITY OF DETERMINING THAT PUBLIC FUNDS ARE DISBURSED IN ACCORDANCE WITH THE LAW. AS YOU WERE ADVISED IN OUR LETTER OF NOVEMBER 24, 1958, B-125517, THE RULE THAT VERBAL ORDERS MUST BE CONFIRMED IN WRITING WITHIN A REASONABLE TIME IS REQUIRED AS ASSURANCE THAT SUCH CONFIRMATORY ORDERS ARE ACCURATE. IF VERBAL ORDERS ARE NOT REDUCED TO WRITING UNTIL LONG AFTER THEY ARE ALLEGED TO HAVE BEEN ISSUED, THE WRITTEN ORDERS MUST BE BASED ON A MEMORY WHICH OBVIOUSLY HAS BEEN DIMMED BY THE PASSING OF TIME AND SUCH WRITTEN ORDERS LACK THE ACCURACY NECESSARY TO SUPPORT PAYMENT OF PUBLIC FUNDS.

THE RECORD SHOWS THAT ALL THE FACTS AND CIRCUMSTANCES IN YOUR CLAIM WERE FULLY CONSIDERED; THAT IT WAS DISALLOWED PURSUANT TO APPLICABLE LAW AND REGULATIONS, AND THAT YOU WERE ADVISED ON SEVERAL OCCASIONS THAT NO LEGAL BASIS EXISTS FOR ITS PAYMENT. IN THE ABSENCE OF FURTHER EVIDENCE HAVING A MATERIAL BEARING ON THE MATTER, IT APPEARS THAT FURTHER CORRESPONDENCE WOULD SERVE NO USEFUL PURPOSE.