B-175211, MAR 31, 1972

B-175211, MAR 31, 1972

MILITARY PERSONNEL - TEMPORARY DUTY ASSIGNMENT - REIMBURSEMENT FOR TRAVEL ALLOWANCE - VERBAL AUTHORIZATION DECISION SUSTAINING PRIOR DISALLOWANCE OF A CLAIM OF SGT. FIRST CLASS JACKIE W. WHITE FOR TRAVEL ALLOWANCES INCIDENT TO TEMPORARY DUTY PERFORMED BY VERBAL AUTHORIZATION OF THE COMMANDING GENERAL. PARAGRAPH M3002-2, JTR, PROVIDES THAT SUBSEQUENT WRITTEN CONFIRMATION OF VERBAL ORDERS IS SUFFICIENT TO MEET THE REQUIREMENT FOR REIMBURSEMENT. SINCE NO SUCH CONFIRMATION HAS BEEN RECEIVED IN THE INSTANT CASE, THE PRIOR DISALLOWANCE MUST BE SUSTAINED.

TO SGT FIRST CLASS JACKIE W. WHITE:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 1, 1972, REQUESTING REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED JANUARY 20, 1972, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCES INCIDENT TO TEMPORARY DUTY PERFORMED DURING THE PERIOD FROM OCTOBER 1 TO 21, 1964.

THE RECORD INDICATES THAT YOU AND THREE OTHER MEMBERS OF COMPANY B, 126TH MAINTENANCE BATTALION, WERE AUTHORIZED BY VERBAL ORDERS OF THE COMMANDING GENERAL TO PERFORM TEMPORARY DUTY AT VARIOUS LOCATIONS IN GERMANY AND THAT IN CONNECTION WITH SUCH DUTY YOU TRAVELED BY PRIVATELY OWNED VEHICLE. ALTHOUGH REQUESTS FOR WRITTEN ORDERS WERE MADE ON SEPTEMBER 28, 1964, AND DECEMBER 10, 1964, THE VERBAL ORDERS WERE NOT CONFIRMED IN WRITING.

ON MARCH 2, 1965, A REQUEST FOR AUTHORIZATION FOR TRAVEL WAS INITIATED BY THE ADJUTANT, 126TH MAINTENANCE BATTALION, FOR THE TRAVEL PERFORMED. HOWEVER, ADMINISTRATIVE APPROVAL WAS NOT GIVEN AND THERE IS NO EVIDENCE THAT THE OFFICER MAKING THE REQUEST HAD ORDER-ISSUING AUTHORITY.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASON THAT, IN THE ABSENCE OF WRITTEN ORDERS ISSUED BY COMPETENT AUTHORITY CONFIRMING THE VERBAL ORDERS AUTHORIZING THE PERFORMANCE OF TEMPORARY DUTY, NO LEGAL BASIS EXISTS FOR THE PAYMENT OF YOUR CLAIM.

YOUR LETTER DATED FEBRUARY 1, 1972, PRESENTS NO NEW EVIDENCE BUT MERELY CALLS ATTENTION TO THE EVIDENCE PREVIOUSLY FURNISHED IN SUPPORT OF YOUR CLAIM WHICH WAS CONSIDERED BY OUR CLAIMS DIVISION IN REACHING THE DECISION IN THE SETTLEMENT OF JANUARY 20, 1972.

THE STATUTORY AUTHORITY FOR THE PAYMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES GENERALLY IS CONTAINED IN 37 U.S.C. 404 WHICH PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO SUCH ALLOWANCES FOR TRAVEL PERFORMED OR TO BE PERFORMED UNDER ORDERS. THE REGULATIONS AUTHORIZED TO BE PRESCRIBED ARE CONTAINED IN VOLUME I OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M3000-1 OF THOSE REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. PARAGRAPH M3001 DEFINES A COMPETENT ORDER AS A WRITTEN INSTRUMENT ISSUED OR APPROVED BY THE SECRETARY OF THE DEPARTMENT CONCERNED, OR SUCH PERSON OR PERSONS TO WHOM AUTHORITY HAS BEEN DELEGATED OR REDELEGATED TO ISSUE TRAVEL ORDERS, DIRECTING A MEMBER OR A GROUP OF MEMBERS TO TRAVEL BETWEEN DESIGNATED POINTS. PARAGRAPH M3002-2 PROVIDES THAT A VERBAL ORDER GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING GIVING THE DATE OF THE VERBAL ORDER AND APPROVED BY PROPER AUTHORITY WILL MEET THE REQUIREMENTS FOR WRITTEN ORDERS.

THE RIGHT OF MILITARY PERSONNEL TO REIMBURSEMENT OF TRAVEL EXPENSES AND THE EXTENT OF SUCH REIMBURSEMENT IS DEPENDENT UPON THE PERFORMANCE OF OFFICIAL TRAVEL AND TEMPORARY DUTY DIRECTED BY COMPETENT ORDERS. THERE BEING NO RECORD THAT COMPETENT WRITTEN TRAVEL ORDERS OR VERBAL ORDERS CONFIRMED BY WRITTEN ORDERS ACCEPTABLE UNDER THE REQUIREMENTS OF THE JOINT TRAVEL REGULATIONS WERE EVER ISSUED IN YOUR CASE, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT OF THE EXPENSES OF TRAVEL OR TEMPORARY DUTY INVOLVED. ACCORDINGLY, THE SETTLEMENT OF JANUARY 20, 1972, IS SUSTAINED.