B-133835, NOV. 7, 1957

B-133835, NOV. 7, 1957

TO MR. OLIVER F. WILLIAMS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 3, 1957, WITH ENCLOSURE, IN THE NATURE OF A REQUEST FOR RECONSIDERATION OF SETTLEMENT DATED JULY 12, 1957, BY WHICH OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL FROM SOULAC TO BORDEAUX, FRANCE, AND RETURN, AND FOR PER DIEM FOR THE PERIOD FROM OCTOBER 22 TO NOVEMBER 20, 1956. THE ACTION TAKEN WAS BASED UPON THE FACT THAT NO ORDERS BY COMPETENT AUTHORITY WERE ISSUED DIRECTING THE TRAVEL AND TEMPORARY DUTY FOR WHICH REIMBURSEMENT AND PER DIEM ARE CLAIMED.

IN SUPPORT OF YOUR REQUEST FOR RECONSIDERATION YOU ENCLOSED A COPY OF ORDERS DATED OCTOBER 19, 1956, THE FIRST PARAGRAPH OF WHICH READS AS FOLLOWS:

"1. NOW ON TDY AT BORDEAUX FRANCE PER LO 8-17 THIS HQ DTD 13 AUG 56. ABOVE NAMED INDIV IS FUR PLACED ON TDY FOR APPRX 29 DAYS EFF 17 SEP 56 TO COMPLETE MISSION AS STATED IN PREVIOUS TDY ORDERS. UPON COMPLETION OF DY INDIV WILL RTN TO PROPER STA AND UNIT.'

RESPECTING THESE ORDERS, YOU POINT OUT THAT THEY WERE ISSUED SUBSEQUENT TO THE DATE WHEN THE TEMPORARY DUTY AUTHORIZED THEREUNDER BEGAN AND BY ANALOGY YOU SEEM TO CONTEND THAT SIMILAR ORDERS PROBABLY WERE ISSUED FOR THE TEMPORARY DUTY AND TRAVEL UPON WHICH YOUR CLAIM IS BASED.

THE RECORD SHOWS THAT FOLLOWING THE RECEIPT OF YOUR LETTER OF MARCH 12, 1957, THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, ADDRESSED A LETTER DATED MARCH 25, 1957, TO THE COMMANDER, 11TH TRANSPORTATION TERMINAL COMMAND, APO 217, NEW YORK, NEW YORK, REQUESTING COPIES OF THE ORDERS INVOLVED. BY FIRST ENDORSEMENT DATED APRIL 12, 1957, HEADQUARTERS, 11TH TRANSPORTATION TERMINAL COMMAND B, APO 21, ADVISED AS FOLLOWS:

"3. RECORDS AT THIS HEADQUARTERS FAIL TO REVEAL THAT ORDERS AFFECTING TDY FOR PERIOD IN QUESTION WERE EVER ISSUED.'

BY A FURTHER ENDORSEMENT DATED MAY 14, 1957, THE SAME HEADQUARTERS ADVISED THE FINANCE CENTER AS FOLLOWS:

"1. RECORDS OF THIS HEADQUARTERS FAIL TO REVEAL A REQUEST FOR TDY ORDERS FOR SUBJECT WARRANT OFFICER FOR PERIOD INDICATED IN NEITHER THE AG FILES NOR FISCAL SECTION FILES OF THIS HEADQUARTERS.

"2. FURTHERMORE, A REQUEST OF THIS NATURE IF IT HAD BEEN RECEIVED COULD NOT HAVE BEEN GRANTED FAVORABLE CONSIDERATION, SINCE RECORDS ON FILE IN FISCAL SECTION THIS HEADQUARTERS REVEAL THAT WO WILLIAMS HAD BEEN ON A FUNDED TDY REQUEST FOR A PERIOD OF FIFTY-NINE (59) DAYS IMMEDIATELY PRIOR TO THE PERIOD IN QUESTION. THIS HEADQUARTERS HAS AUTHORITY TO FUND TDY ORDERS FOR A MAXIMUM PERIOD OF FIFTY-NINE (59) DAYS ONLY.'

AS WAS POINTED OUT IN THE SETTLEMENT OF JULY 12, 1957, PARAGRAPH 3000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH 3002 PROVIDES THAT WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY ARE REQUIRED FOR OFFICIAL TRAVEL OR FOR REIMBURSEMENT OF EXPENSES INCIDENT THERETO. 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. THE RECORD INDICATES THAT THE REQUIRED ORDERS WERE NEVER ISSUED AND THUS THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE ACTION TAKEN IN THE SETTLEMENT OF JULY 12, 1957, WAS CORRECT AND IS SUSTAINED.