B-129827, JUL. 31, 1957

B-129827, JUL. 31, 1957

TO WILLIAM J. LAWS, AQ1, 798-63-94, USN:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 1, 1957, AND ENCLOSURES, FORWARDED HERE BY THE U.S. NAVY REGIONAL ACCOUNTS OFFICE ON MAY 1, 1957, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED JANUARY 16, 1957, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM INCIDENT TO DUTY PERFORMED AS A MEMBER OF COMPOSITE SQUADRON EIGHT, UNITED STATES ATLANTIC FLEET AIR FORCE, DURING OPERATIONAL DEPLOYMENT ACTIVITIES OF THAT SQUADRON.

BY ORDERS DATED APRIL 11, 1953, YOU WERE DIRECTED TO PROCEED FROM THE U.S. NAVAL AIR STATION, PATUXENT RIVER, MARYLAND, BY GOVERNMENT AIRCRAFT TO THE PLACE VERBALLY DESIGNATED BY YOUR COMMANDING OFFICER, TO REPORT UPON ARRIVAL TO THE OFFICER-IN-CHARGE, COMPOSITE SQUADRON EIGHT FOR DUTY. SUCH ORDERS CONTAINED NO INDICATION OF FURTHER ASSIGNMENT TO A NEW PERMANENT DUTY STATION OR FOR RETURN TO YOUR OLD STATION. YOUR ITINERARY OF TRAVEL SHOWS THAT YOU LEFT PATUXENT RIVER ON APRIL 11, 1953, AND ARRIVED AT PORT LYAUTEY, FRENCH MOROCCO, ON APRIL 13, 1953; THAT YOU LEFT PORT LYAUTEY ON OCTOBER 15, 1953, AND RETURN TO PATUXENT RIVER ON OCTOBER 17, 1953. YOUR CLAIM FOR PER DIEM DURING THE PERIOD APRIL 11 TO OCTOBER 17, 1953, WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 16, 1957, BECAUSE IT WAS NOT SUPPORTED BY COMPETENT TRAVEL ORDERS DIRECTING THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY FOR WHICH PER DIEM COULD BE PAID. REQUESTING REVIEW OF THAT SETTLEMENT YOU CITE SECNAV INSTRUCTION 7220.19, DATED JUNE 4, 1956, AS AN ADDED AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR PER DIEM.

SECNAV INSTRUCTION 7220.19 (ISSUED APPROXIMATELY THREE YEARS AFTER THE PERIOD FOR WHICH YOU CLAIM PER DIEM) CLARIFIES NAVY DEPARTMENT POLICY WITH REGARD TO THE PAYMENT OF PER DIEM WHERE PROPER WRITTEN ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE CONCLUSION THAT PER DIEM WAS NOT PAYABLE. THE INSTRUCTION PROVIDES, AMONG OTHER THINGS, THAT MEMBERS CURRENTLY DEPLOYED WHO HAVE NOT BEEN ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WILL BE ISSUED PROPER CONFIRMATORY ORDERS, AND THAT MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY DUTY AND WHO, PRIOR TO RECEIPT OF THE SECNAV INSTRUCTION, WERE ISSUED WRITTEN TEMPORARY ADDITIONAL DUTY ORDERS WILL BE PAID THE APPROPRIATE PER DIEM ALLOWANCE. PARAGRAPH 6D OF SUCH INSTRUCTIONS PROVIDES AS FOLLOWS:

"MEMBERS WHO HAVE COMPLETED A PERIOD OF TEMPORARY ADDITIONAL DUTY FOR WHICH THE REQUIRED WRITTEN ORDERS WERE NOT ISSUED PRIOR TO THE DATE OF THIS INSTRUCTION WILL NOT BE ISSUED CONFIRMING ORDERS.'

IT APPEARS THAT THE DUTY PERFORMED BY YOU FALLS WITHIN THE COVERAGE OF PARAGRAPH 6D, THUS PRECLUDING ISSUANCE OF CONFIRMING ORDERS IN YOUR CASE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AUTHORIZES THE PAYMENT OF TRAVEL ALLOWANCE FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS. COMPETENT ORDERS FOR PER DIEM PURPOSES ARE DEFINED IN PARAGRAPH 3000-3003, JOINT TRAVEL REGULATIONS. AN EXAMINATION OF THE RECORD SHOWS THAT NO SUCH ORDERS WERE ISSUED IN YOUR CASE. WHERE SUCH COMPETENT ORDERS WERE NOT ISSUED BECAUSE OF AN ADMINISTRATIVE BELIEF THAT PER DIEM WAS NOT PAYABLE AND THE EXPENSES OF TRAVEL WERE OF A MINOR NATURE BECAUSE OF THE FACT THAT BOTH GOVERNMENT QUARTERS AND MESSING FACILITIES WERE AVAILABLE, THE QUESTION OF WHETHER PROPER CONFIRMATORY ORDERS WILL BE ISSUED IS A MATTER FOR ADMINISTRATIVE DETERMINATION. PARAGRAPH 6D OF SECNAV INSTRUCTION 7220.19 CONSTITUTES A NEGATIVE ADMINISTRATIVE DETERMINATION IN YOUR CASE.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR PER DIEM WAS CORRECT AND IS SUSTAINED. YOUR ORIGINAL ORDERS ARE RETURNED HEREWITH.