B-128018, JUL. 18, 1956

B-128018, JUL. 18, 1956

TO MRS. JULIA A. CRANDALL:

WE REFER TO YOUR RECENT LETTER, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF APRIL 16, 1956, WHICH DISALLOWED YOUR CLAIM AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FOR ADDITIONAL PER DIEM IN LIEU OF SUBSISTENCE WHILE STATIONED AT CINCINNATI, OHIO.

WITH YOUR LETTER OF MAY 8, 1956, YOU TRANSMITTED A COPY OF YOUR LETTER DATED OCTOBER 13, 1954, ADDRESSED TO COLONEL R. A. HOWARD OF THE PHILADELPHIA QUARTERMASTER DEPOT, WHICH YOU STATE CONTAINS NECESSARY INFORMATION APPARENTLY NOT BEFORE US WHEN THE CASE WAS CONSIDERED BY OUR OFFICE.

YOUR ORIGINAL LETTER DATED OCTOBER 13, 1954, ADDRESSED TO COLONEL R. A. HOWARD, WAS FORWARDED HERE ALONG WITH THE COMPLETE FILE AND WAS CAREFULLY CONSIDERED WHEN OUR SETTLEMENT OF APRIL 16 WAS ISSUED. THE RECORDS BEFORE OUR OFFICE SHOW THAT TRAVEL ORDER NO. P-765, DATED OCTOBER 17, 1952, DESIGNATED YOUR PERMANENT DUTY STATION AS NEW YORK CITY AND DIRECTED YOU TO TRAVEL TO HOPE, ARKANSAS, REMAIN THERE FOR A PERIOD OF 180 DAYS AND RETURN. BY AMENDMENT DATED APRIL 18, 1953, SAID PERIOD OF 180 DAYS WAS EXTENDED TO APPROXIMATELY 360 DAYS. PER DIEM WAS AUTHORIZED IN THE AMOUNT OF $7. BY TRAVEL ORDER NO. P-2428, DATED JUNE 8, 1953, YOUR PERMANENT DUTY STATION WAS CHANGED FROM NEW YORK CITY TO CINCINNATI, OHIO.

YOU ALLEGE THAT YOU DISCUSSED YOUR TRANSFER TO CINCINNATI WITH YOUR REGIONAL SUPERVISOR, FRANK SCARNATO, AND WITH THE OFFICER-IN-CHARGE, CAPTAIN GERNHARDT, AND THAT YOU WERE INFORMED THAT A MISTAKE HAD BEEN MADE ON YOUR TRAVEL ORDERS AND THEY KNEW OF NO WAY TO CORRECT THEM. REGARDING THIS ALLEGATION THERE IS ON FILE IN OUR OFFICE AN ADMINISTRATIVE REPORT SIGNED BY COLONEL R. A. HOWARD, JR., QMC, WHICH READS IN PARTAS FOLLOWS:

"MRS. CRANDALL'S ALLEGATION THAT THE ACCOMPLISHMENT OF HER TRAVEL ORDER BY A PERMANENT CHANGE OF STATION TO CINCINNATI, OHIO, WAS IN ERROR, DOES NOT APPEAR TO BE JUSTIFIED. MRS. CRANDALL STATES THAT A MR. GOLDNER, WHO PREPARED THE TRAVEL ORDER, MADE THE ERROR AND THAT SHE DISCUSSED THE ERROR WITH HER REGIONAL SUPERVISOR, FRANK SCARNATO, AND WITH THE OFFICER-IN- CHARGE, CAPTAIN GERNHARDT. IT WOULD THEREFORE APPEAR THAT IF THE TRAVEL ORDER HAD BEEN IN ERROR THE SAME WOULD HAVE BEEN PROMPTLY AMENDED.'

MISS ALICE MURPHY, WHO WAS IN CHARGE OF THE SECTION RESPONSIBLE FOR THE PREPARATION OF TRAVEL ORDERS DURING THE PERIOD IN QUESTION ADVISED THAT IT WAS THE INTENTION OF THE RESPONSIBLE OFFICERS TO AUTHORIZE A PERMANENT CHANGE OF STATION FOR YOU AND SUBMITTED A DRAFT FOR THE PREPARATION OF SUBJECT ORDERS TO THAT EFFECT. A COPY OF THAT DRAFT IS ON FILE HERE AND SHOWS THAT YOUR HEADQUARTERS WERE INTENDED TO BE CHANGED FROM NEW YORK TO CINCINNATI.

TRAVEL ORDER NO. IM-93, DATED JULY 20, 1953, DIRECTED YOU TO TRAVEL TO STEINWAY CLOTHING CO., JOHNSON CITY, TENNESSEE, TO REMAIN THERE FORA PERIOD OF APPROXIMATELY 90 DAYS AND RETURN TO YOUR PERMANENT DUTY STATION, CINCINNATI, AND AUTHORIZED $9 PER DIEM. BY AMENDMENT DATED JULY 25, 1953, THE AUTHORIZATION OF $9 PER DIEM WAS CHANGED TO READ $9 FOR THE FIRST 60 DAYS AND $6 FOR THE NEXT 30 DAYS. AS A RESULT OF YOUR INABILITY TO TRAVEL TO JOHNSON CITY, DUE TO ILLNESS, YOUR TRAVEL ORDERS WERE AMENDED ON JULY 31, 1953, AND YOU WERE DIRECTED TO TRAVEL TO FORT WORTH, TEXAS, AND TO RETURN TO YOUR PERMANENT DUTY STATION AT CINCINNATI. USING JULY 31, 1953, RATHER THAN JULY 25, 1953, AS THE EFFECTIVE DATE OF THE ORDER, PAYMENT WAS MADE TO YOU IN THE AMOUNT OF $18 FOR PER DIEM.

IT APPEARS TO BE YOUR CONTENTION THAT WHEN AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY IS TRANSFERRED TO A NEW DUTY STATION THE REGULATIONS REQUIRE THAT THE TRAVEL ORDER SHOULD PROVIDE FOR THE PAYMENT OF $9 PER DIEM FOR THE FIRST 60 DAYS, THEN $6 PER DIEM FOR THE NEXT 30 DAYS. THERE IS NOTHING IN THE DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS NOR ARE WE AWARE OF ANY OTHER REGULATION OR LAW WHICH PROVIDES FOR THE PAYMENT OF PER DIEM AFTER AN EMPLOYEE ARRIVES AT HIS PERMANENT DUTY STATION. THE CONTRARY, PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM TO AN EMPLOYEE AT HIS PERMANENT DUTY STATION.

THE DESIGNATION OF PERMANENT OR TEMPORARY OFFICIAL STATIONS OF EMPLOYEES IS AN ADMINISTRATIVE DUTY AND RESPONSIBILITY AND THAT IN THE ABSENCE OF FACTS ESTABLISHING OR TENDING TO ESTABLISH THAT THE ADMINISTRATIVE ACTION IS ARBITRARY OR CAPRICIOUS, SUCH ACTION IS NOT OPEN TO QUESTION. FIDELITY AND DEPOSIT COMPANY OF MARYLAND V. UNITED STATES, 55 F.2D 100. THERE IS NOTHING IN THE FILE TO INDICATE THAT THE DESIGNATION OF CINCINNATI AS YOUR HEADQUARTERS WAS ARBITRARY OR CAPRICIOUS OTHER THAN YOUR SELF-SERVING DECLARATION WHICH IS NOT SUFFICIENT TO OVERCOME THE EVIDENCE OF RECORD.

IN VIEW OF THE FOREGOING, IT MUST BE CONCLUDED THAT THE ACTION TAKEN WITH RESPECT TO YOUR CLAIM IS CORRECT AND, UPON REVIEW, MUST BE SUSTAINED.