B-117413, JAN 7, 1954

B-117413, JAN 7, 1954

PRECIS-UNAVAILABLE

ENSIGN RUTH MARIE TOMSUDEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED MAY 8, 1953, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM AT THE RATE OF $1 PER DAY DURING THE PERIOD MAY 2 TO JUNE 26, 1952.

BY BUREAU OF NAVAL PERSONNEL ORDERS OF APRIL 11, 1952, AS AMENDED BY ORDERS OF APRIL 24, 1952, YOU WERE DIRECTED TO PROCEED FROM YOUR HOME - FOLLOWING PHYSICAL EXAMINATION SHOWING PHYSICAL QUALIFICATION FOR ACTIVE DUTY - AND REPORT TO THE COMMANDING OFFICER, NAVAL SCHOOL, GENERAL LINE, NEWPORT, RHODE ISLAND, "FOR ACTIVE DUTY UNDER INSTRUCTION." A LETTER DATED SEPTEMBER 29, 1952, "AMENDED" THE QUOTED PHRASE TO READ "TEMPORARY ACTIVE DUTY UNDER INSTRUCTION." BY WAY OF EXPLANATION OF SUCH CHANGE, THE CHIEF OF NAVAL PERSONNEL ADVISED THIS OFFICE IN FIRST ENDORSEMENT OF FEBRUARY 10, 1953, THAT AT THE TIME THE ORIGINAL ORDERS WERE ISSUED, IT WAS ANTICIPATED THAT THE COURSE OF INSTRUCTION WOULD BE FOR A PERIOD OF FIVE MONTHS, BUT THAT UNDER DATE OF JUNE 23, 1952, ORDERS WERE REQUESTED TO DETACH YOU FROM TEMPORARY DUTY UNDER INSTRUCTION IN TIME TO REPORT AT BAYONNE, NEW JERSEY, ON JUNE 30, 1952, AND THAT "THIS PROVES THAT THE LENGTH OF THE COURSE AT NEWPORT WAS CHANGED FROM FIVE MONTHS TO TWO MONTHS."

AN OFFICER'S RIGHT TO REIMBURSEMENT OF EXPENSES INCURRED WHILE IN A TRAVEL AND TEMPORARY DUTY STATUS AWAY FROM HIS STATION IS FIXED BY THE ORDERS UNDER WHICH THE TRAVEL IS PERFORMED. WHILE THIS OFFICE HAS RECOGNIZED THAT TRAVEL ORDERS MAY BE AMENDED RETROACTIVELY IN CERTAIN EXCEPTIONAL CASES WHERE IT IS CLEARLY ESTABLISHED THAT THROUGH ERROR OR INADVERTENCE IN PREPARING SUCH ORDERS THEY FAILED TO EXPRESS THE ORIGINAL INTENT OF THE ISSUING AUTHORITY (SEC 24 COMP. GEN. 439), THE RECORD HERE PLAINLY SHOWS THAT AT THE TIME THE ORDERS OF APRIL 11 AND 24, 1952, WERE ISSUED, IT WAS ANTICIPATED THAT THE COURSE OF INSTRUCTION WOULD BE FOR A PERIOD OF FIVE MONTHS AND THAT SUCH ORDERS EXPRESSED THE INTENT OF THE ISSUING AUTHORITY. THE FACT THAT YOU WERE DETACHED AFTER COMPLETING ONLY ABOUT TWO MONTHS OF THE COURSE FURNISHES NO BASIS FOR CHANGING YOUR ORDERS, THE DECISION TO SO DETACH YOU HAVING BEEN MADE AFTER YOUR ARRIVAL AT THE SCHOOL. IF YOU HAD DEPENDENTS AND HAD MOVED THEM TO NEWPORT WITH YOU AT GOVERNMENT EXPENSE, AS WOULD HAVE BEEN PROPER UNDER THE ORIGINAL ORDERS (SEE PARAGRAPH 7000-2-3, JOINT TRAVEL REGULATIONS), THE AMENDATORY ORDERS OF SEPTEMBER 29, WOULD HAVE BEEN WITHOUT EFFECT TO CHANGE A VESTED RIGHT TO THE COST OF YOUR DEPENDENTS' TRANSPORTATION. 23 COMP. GEN. 713. SUCH AMENDATORY ORDERS LIKEWISE ARE WITHOUT EFFECT TO ENTITLE YOU TO THE PER DIEM CLAIMED.

ACCORDINGLY, THE SETTLEMENT OF MAY 8, 1953, IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.