B-137930, DEC 31, 1958

B-137930, DEC 31, 1958

PRECIS-UNAVAILABLE

MR. EDWARD J. MERRIMAN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 29, 1958, REQUESTING REVIEW OF OUR SETTLEMENT OF SEPTEMBER 12, 1958, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD MAY 11, 1955, TO FEBRUARY 9, 1956, WHILE YOU WERE ON ACTIVE DUTY AS AN ENLISTED MEMBER OF THE UNITED STATES NAVY AT CAPE HATTERAS, NORTH CAROLINA.

IN A COMMUNICATION OF THE OFFICER IN CHARGE, UNITED STATES NAVAL MOBILE CONSTRUCTION BATTALION NO. SIX, DETACHMENT JIG, DAVISVILLE, RHODE ISLAND, DATED APRIL 25, 1956, IT WAS STATED THAT AS DIRECTED BY COMSERVLANT MOVEMENT ORDER NO. 77-55 (WHICH PRESUMABLY DIRECTED THE MOVEMENT OF SUCH DETACHMENT FROM DAVISVILLE TO CAPE HATTERAS) AND THE COMMANDING OFFICER'S VERBAL ORDERS, YOU ARRIVED AT CAPE HATTERAS ON MAY 11, 1955, FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH THE ACTIVITIES OF THAT COMMAND. THE DATE AND THE CONTENT OF THE VERBAL ORDERS REFERRED TO WERE NOT SHOWN. WAS ALSO STATED THAT YOU LEFT CAPE HATTERAS ON FEBRUARY 9, 1956, PURSUANT TO COMSERVLANT MOVEMENT ORDER NO. 28-56, WHICH APPARENTLY DIRECTED THE MOVEMENT OF DETACHMENT JIG TO DAVISVILLE. IN AN UNDATED FIRST INDORSEMENT OF THE COMMANDING OFFICER, NAVAL MOBILE CONSTRUCTION BATTALION NO. SIX, TO THE COMMUNICATION OF APRIL 25, 1956, REFERENCE WAS MADE TO PROVISIONS OF SECNAV INSTRUCTION 7220.19 OF JUNE 4, 1956, PROVIDING THAT MEMBERS OF MOBILE CONSTRUCTION BATTALIONS, DEPLOYED AWAY FROM THEIR PERMANENT DUTY STATION, WERE ENTITLED TO PER DIEM IF UNDER INDIVIDUAL TEMPORARY DUTY ORDERS, AND IT WAS STATED THAT THE BASIC ORDERS (THE COMMUNICATION OF APRIL 25, 1956), HAD BEEN DETERMINED TO BE COMPETENT ORDERS AND THAT PER DIEM WAS AUTHORIZED FOR THAT PERIOD OF THE DEPLOYMENT OCCURING DURING THE FISCAL YEAR 1956.

YOUR CLAIM WAS DISALLOWED ON THE BASIS THAT ORDERS REQUIRED TO ESTABLISH THAT YOU WERE IN A TRAVEL STATUS DURING THE PERIOD IN QUESTION WERE LACKING. YOU STATE THAT YOUR CLAIM WAS MADE ON THE BASIS OF ADVERSE LIVING CONDITIONS EXPERIENCED AT CAPE HATTERAS RATHER THAN ON THE EXISTENCE OF A TRAVEL STATUS. PARAGRAPH 3050 OF THE JOINT TRAVEL REGULATIONS, HOWEVER, AUTHORIZES THE PAYMENT OF PER DIEM AND OTHER TRAVEL ALLOWANCES ONLY FOR PERIODS WHILE IN A TRAVEL STATUS, INCLUDING PERIODS OF TEMPORARY DUTY, AWAY FROM THE PERMANENT DUTY STATION. ANY RIGHT THAT YOU MIGHT HAVE TO THE ALLOWANCES CLAIMED MUST ARISE ON THAT ON THE BASIS OF HARDSHIP OR OF A REQUIREMENT FOR THE PERFORMANCES OF DUTY UNDER ADVERSE CONDITIONS.

PARAGRAPHS 3000 AND 3001 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED UNLESS THE TRAVEL IS PERFORMED UNDER EXISTING WRITTEN ORDERS OF COMPETENT AUTHORITY. AN EXCEPTION TO THAT REQUIREMENT IS PROVIDED IN PARAGRAPH 3002 FOR TRAVEL PERFORMED UNDER VERBAL ORDERS GIVEN IN ADVANCE OF TRAVEL, IF SUCH VERBAL ORDERS SUBSEQUENTLY ARE CONFIRMED IN WRITING, GIVING THE DATE OF THE VERBAL ORDERS. THE CONFIRMING ORDERS, HOWEVER, MUST CONTAIN SUFFICIENT DETAIL OF THE VERBAL ORDERS TO MEET THE REQUIREMENTS ORDINARILY DEMANDED OF VALID WRITTEN TRAVEL ORDERS, SUCH AS INDICATION OF THE NATURE AND DURATION OF THE DUTY ASSIGNMENT MADE, AND THE DISPOSITION OF THE MEMBER FOLLOWING ITS COMPLETION. IT IS THAT INFORMATION, PRIMARILY, THAT PROVIDES THE EVIDENCE REQUIRED TO ESTABLISH THE EXISTENCE OF A PER DIEM STATUS.

NOTHING IN THE COMMUNICATION OF APRIL 25, 1956, IN REFERRING TO THE COMMANDING OFFICER'S VERBAL ORDERS, PROVIDES INFORMATION IN SUFFICIENT DETAIL TO RENDER IT AN ACCEPTABLE CONFIRMATION OF SUCH VERBAL ORDERS, THERE BEING NO INFORMATION GIVEN WHICH WOULD ESTABLISH THE DATE OR CONTENT OF THE ORDERS, OR OTHERWISE PROVIDE EVIDENCE NECESSARY TO ESTABLISH THAT YOU WERE IN A PER DIEM STATUS DURING THE PERIOD IN QUESTION. THE PROVISIONS OF SECNAV INSTRUCTION 7220.19 REFERRED TO CONTAIN NOTHING WHICH COULD BE CONSIDERED AS AUTHORITY FOR THE PAYMENT OF PER DIEM FOR ANY TEMPORARY DUTY OF MEMBERS OF MOBILE UNITS WHILE DEPLOYED UNLESS PERFORMED UNDER WRITTEN TRAVEL ORDERS, OR UNDER VERBAL ORDERS CONFIRMED BY WRITTEN ORDERS ACCEPTABLE UNDER THE REQUIREMENTS OF THE JOINT TRAVEL REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 12, 1958, IS SUSTAINED.