B-145415, JUN. 8, 1961

B-145415, JUN. 8, 1961

TO MR. NORMAN C. GRATZ:

YOUR RECENT LETTER, WITH ENCLOSURES, TO THE COMMANDANT, UNITED STATES MARINE CORPS, WASHINGTON 25, D.C., RELATIVE TO YOUR CLAIM FOR PER DIEM FOR TRAVEL AND TEMPORARY DUTY PERFORMED DURING THE PERIOD NOVEMBER 19, 1957, TO MARCH 31, 1958, AS A MEMBER OF THE UNITED STATES MARINE CORPS, HAS BEEN REFERRED TO THIS OFFICE FOR REPLY.

YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED AUGUST 31, 1959, FOR THE REASON THAT THE ORDERS, SUBMITTED IN SUPPORT OF YOUR CLAIM, HAVING BEEN ISSUED ON FEBRUARY 15, 1959, NEARLY ONE YEAR AFTER THE TRAVEL WAS COMPLETED, WERE OF QUESTIONABLE VALUE TO MEET THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS REQUIRING COMPETENT WRITTEN TRAVEL ORDERS TO SUPPORT A CLAIM FOR PER DIEM IN CONNECTION WITH THE PERFORMANCE OF TRAVEL AND TEMPORARY DUTY. YOU HAVE NOW SUBMITTED FOR CONSIDERATION IN SUPPORT OF YOUR CLAIM A COPY OF TRAVEL ORDERS DATED OCTOBER 16, 1957, ISSUED BY HEADQUARTERS, MARINE LIGHT HELICOPTER TRANSPORT GROUP 16, FIRST MARINE AIRCRAFT WING, AIRCRAFT, FLEET MARINE FORCE, PACIFIC, WHICH DIRECTED APPROXIMATELY 30 DAYS OF FIELD DUTY FOR YOUR SQUADRON COMMENCING ON OR ABOUT NOVEMBER 18, 1957, IN CONNECTION WITH EXERCISE PHIBLINK.

YOUR ITINERARY OF TRAVEL REFLECTS THAT PURSUANT TO THE ORDERS OF OCTOBER 16, 1957, YOU ARRIVED AT BITULOCK, PHILIPPINES, FROM JAPAN ON NOVEMBER 28, 1957, AND DEPARTED THEREFROM ON DECEMBER 7, 1957, AFTER TERMINATION OF THE EXERCISE PHIBLINK. IT FURTHER APPEARS THAT INSTEAD OF RETURNING TO YOUR PERMANENT STATION AT THAT TIME YOU PROCEEDED, APPARENTLY PURSUANT TO VERBAL ORDERS, TO SUBIC BAY FOR TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH STRONGBACK EXPEDITION. DUTY AND TRAVEL INVOLVING THIS EXPEDITION EXTENDED THROUGH MARCH 31, 1958, AS CONFIRMED AND CERTIFIED BY GROUP SPECIAL ORDER NO. 43-59 DATED FEBRUARY 15, 1959, ALSO ISSUED BY HEADQUARTERS, MARINE LIGHT HELICOPTER TRANSPORT GROUP 16.

UNDER THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AS AMENDED, MEMBERS OF THE UNIFORMED SERVICES MAY BE PAID PER DIEM AND OTHER TRAVEL ALLOWANCES ONLY FOR PERIODS OF TRAVEL PERFORMED UNDER COMPETENT ORDERS AWAY FROM THEIR DESIGNATED POSTS OF DUTY. PARAGRAPH 4201.6 OF THE JOINT TRAVEL REGULATIONS PROHIBITS THE PAYMENT OF PER DIEM TO MEMBERS WHILE PARTICIPATING IN MANEUVERS, FIELD EXERCISES, SIMULATED WAR GAMES, TRAINING ENCAMPMENTS FOR THE RESERVE COMPONENTS OR RESERVE OFFICERS TRAINING CORPS STUDENTS, AND OTHER SIMILAR ACTIVITIES, WHERE BOTH RATIONS IN KIND AND QUARTERS ARE AVAILABLE OR FURNISHED, WHETHER OR NOT SUCH FACILITIES ARE UTILIZED. EXCEPTION TO THAT LIMITATION IS MADE FOR PERIODS INVOLVING TEMPORARY DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES IF PER DIEM IS AUTHORIZED IN ACCORDANCE WITH REGULATIONS ISSUED BY THE SECRETARY OF THE SERVICE CONCERNED. INSTRUCTIONS ISSUED BY THE SECRETARY OF THE NAVY PURSUANT TO THAT AUTHORITY, APPLICABLE TO NAVY AND MARINE CORPS MEMBERS WHO PERFORMED FIELD DUTY ON AN INSTALLATION OF THE UNIFORMED SERVICES DURING THE PERIOD INVOLVED, ARE CONTAINED IN SECNAV INSTRUCTION 7220.24 DATED JUNE 6, 1957. PARAGRAPH 4 OF THOSE INSTRUCTIONS PROVIDES THAT SUCH SUCH MEMBERS WILL BE ENTITLED TO OTHERWISE PROPER PER DIEM PAYMENTS FOR PERIODS DURING WHICH THEY ARE QUARTERED IN FACILITIES REGULARLY PROVIDED FOR OTHER MEMBERS ON PERMANENT OR TEMPORARY DUTY AT THE SAME INSTALLATION OR IN FACILITIES OF THE OTHER UNIFORMED SERVICES WHERE INCIDENTAL ROOM FEE OR SERVICE CHARGES ARE MADE. PARAGRAPH 6, HOWEVER, REQUIRES ENDORSEMENT OF THE FIELD DUTY ORDERS BY COMPETENT AUTHORITY TO SHOW QUALIFICATION FOR PER DIEM ON THAT BASIS. WHILE YOUR ORDERS OF OCTOBER 16, 1957, DO NOT BEAR THE REQUIRED ENDORSEMENT, THE COMMANDING GENERAL, FIRST MARINE AIRCRAFT WING, AIRCRAFT, FLEET MARINE FORCE, PACIFIC, DETERMINED THAT IN CONNECTION WITH THE REQUIREMENTS OF PARAGRAPH 6 THE PARTICIPANTS IN THE MANEUVERS DURING THE PERIOD HERE INVOLVED WERE ENTITLED TO PER DIEM ONLY FOR DUTY PERFORMED AT NAVAL AIR STATION, CUBI POINT, NAVAL AIR STATION, SANGLEY POINT AND NAVAL SUPPLY DEPOT, SUBIC. ACCORDINGLY, SINCE YOUR DUTY IN CONNECTION WITH EXERCISE PHIBLINK AS AUTHORIZED BY THE ORDERS OF OCTOBER 16, 1957, DOES NOT APPEAR TO HAVE BEEN PERFORMED AT ANY OF THE DESIGNATED INSTALLATIONS, THERE IS NO AUTHORITY FOR THE ALLOWANCE OF PER DIEM FOR THE PERIOD COVERED BY YOUR DUTY WHILE ENGAGED IN THE PHIBLINK EXERCISE.

PARAGRAPH 3000 OF THE JOINT TRAVEL REGULATIONS FURTHER PROHIBITS THE PAYMENT OF PER DIEM OR OTHER TRAVEL ALLOWANCES FOR TRAVEL OR TEMPORARY DUTY UNLESS PERFORMED PURSUANT TO COMPETENT WRITTEN TRAVEL ORDERS. PARAGRAPH 3002-2 PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING DATE OF VERBAL ORDER AND APPROVED BY COMPETENT AUTHORITY WILL MEET THE REQUIREMENT FOR WRITTEN ORDERS. THAT AUTHORITY IS CONSIDERED TO CONTEMPLATE ONLY THOSE SITUATIONS WHERE EXIGENCIES OF THE SERVICE MAKE UNFEASIBLE THE ISSUANCE OF WRITTEN ORDERS IN ADVANCE OF TRAVEL IF THE DEFICIENCY IS REMEDIED AT THE EARLIEST PRACTICABLE TIME BY THE ISSUANCE OF WRITTEN CONFIRMING ORDERS. THE ORDERS OF FEBRUARY 15, 1959, CONFIRMING THE PERFORMANCE OF TEMPORARY ADDITIONAL DUTY IN CONNECTION WITH STRONGBACK EXPEDITION, DO NOT DIRECT TRAVEL AND THEY NEITHER STATE THAT THEY WERE ISSUED IN CONFIRMANCE OF A VERBAL ORDER NOR DO THEY GIVE THE REQUIRED DATE OF SUCH AN ORDER. FURTHER, SINCE THEY WERE ISSUED NEARLY ONE YEAR AFTER THE DUTY AND TRAVEL WERE COMPLETED, AND CONTAIN NO EXPLANATION OR JUSTIFICATION FOR THE DELAY IN THEIR ISSUANCE, THEY WOULD NOT APPEAR TO MEET THE REQUIREMENTS OF THE REGULATIONS FOR WRITTEN TRAVEL ORDERS TO SUPPORT YOUR CLAIM FOR PER DIEM FOR THE PERIOD SUBSEQUENT TO THE TERMINATION OF THE EXERCISE PHIBLINK, EVEN HAD THE DUTY BEEN PERFORMED AT ONE OF THE INSTALLATIONS NAMED BY THE COMMANDING GENERAL, FIRST MARINE AIRCRAFT WING, AS MEETING THE REQUIREMENTS OF INSTRUCTION 7220.24 FOR PAYMENT OF PER DIEM.

ACCORDINGLY, ON THE BASIS OF THE EVIDENCE OF RECORD, AND FOR THE REASONS ABOVE SET OUT, THE DISALLOWANCE OF YOUR CLAIM BY SETTLEMENT OF AUGUST 31, 1959, IS CONSIDERED TO BE CORRECT AND IS HEREBY SUSTAINED.