B-168514, FEB. 3, 1970

B-168514, FEB. 3, 1970

MILITARY--PER DIEM AND TAXI FARES--VERBAL ORDERS DECISION TO ARMY OFFICER SUSTAINING CLAIMS SETTLEMENT DISALLOWING CLAIM FOR PER DIEM AND TAXI FARES. AN ORDER PURPORTING TO CHANGE THE DESTINATION IN A TRAVEL ORDER BUT MAKING NO REFERENCE TO A VERBAL ORDER CHANGING OFFICER'S ASSIGNMENT FROM NAHKON PHANOM AIR BASE, THAILAND TO PHAN RANG AIR BASE, VIETNAM MAY NOT BE CONSIDERED TO CONFIRM VERBAL ORDER ISSUED IN THAILAND. IN ABSENCE OF COMPETENT TRAVEL ORDER OFFICER IS NOT ENTITLED TO PER DIEM OR REIMBURSEMENT OF TAXI FARES.

TO CAPTAIN JAMES C. MCCRACKEN, JR.:

REFERENCE IS MADE TO YOUR LETTERS OF NOVEMBER 11, 1969, AND JANUARY 12, 1970, IN EFFECT REQUESTING REVIEW OF THAT PART OF CLAIMS DIVISION SETTLEMENT OF OCTOBER 8, 1969, WHICH DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE PERIOD FROM FEBRUARY 16 TO MARCH 5, 1969, AND REIMBURSEMENT FOR TAXI FARES ON MARCH 3 AND 4, 1969.

SPECIAL ORDER S0-366, JULY 30, 1968, 28TH MILITARY AIRLIFT SQUADRON (MAC) HILL AIR FORCE BASE, UTAH 84401, AUTHORIZED YOUR PERMANENT CHANGE OF STATION TO 606 AIR COMMANDO COMPOSITE SQUADRON (PACAF) APO SAN FRANCISCO 96310 (NAHKON PHANOM, ROYAL THAI AIR BASE, THAILAND), WITH JANUARY 15, 1969, AS THE EFFECTIVE DATE OF TRANSFER. THE ORDER ALSO PROVIDED FOR TEMPORARY DUTY EN ROUTE FOR ATTENDANCE AT TRAINING COURSES CONDUCTED AT FAIRCHILD AIR FORCE BASE, WASHINGTON; EGLIN AIR FORCE AUXILIARY FIELD #9, FLORIDA; AND APO SAN FRANCISCO 96274 (CLARK AIR FORCE BASE, PHILIPPINES). BECAUSE OF YOUR HOSPITALIZATION WHILE IN THE UNITED STATES, YOUR GRADUATION FROM PACIFIC JUNGLE SURVIVAL SCHOOL AT CLARK AIR FORCE BASE WAS DELAYED UNTIL FEBRUARY 14, 1969. YOU DEPARTED FROM THERE THE NEXT DAY AND ARRIVED AT NAHKON PHANOM AIR BASE, THAILAND, ON FEBRUARY 16, 1969. YOU WERE THEN INFORMED THAT IN NOVEMBER 1968 YOU HAD BEEN REASSIGNED TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM.

YOU STATE THAT ON FEBRUARY 22, 1969, THE 7TH AIR FORCE ADVISED THAT YOU SHOULD HAVE BEEN AT PHAN RANG AIR BASE AND THAT YOU RECEIVED VERBAL ORDERS TO REPORT THERE. YOU FURTHER STATE THAT NEITHER THE OFFICIALS AT NAHKON PHANOM AIR BASE NOR THE 7TH AIR FORCE PROVIDED YOU WITH ORDERS OR OTHER DOCUMENTS AUTHORIZING YOUR TRAVEL BY MILITARY AIRCRAFT TO SOUTH VIETNAM, BUT THAT THE 7TH AIR FORCE BOOKED YOU ON A "SCAT-BACK" FLIGHT FROM BANGKOK AIRPORT AT 1430 HOURS ON MARCH 3, 1969. YOU DEPARTED FOR BANGKOK ON FEBRUARY 28, 1969, VIA MILITARY AIRCRAFT AND REPORTED AT DON MUANG AIR BASE(BANGKOK INTERNATIONAL AIRPORT) ON MARCH 3, 1969. YOU SAY YOU WERE THERE INFORMED THAT WRITTEN AUTHORIZATION WAS NECESSARY FOR SUCH TRAVEL.

A MESSAGE DATED MARCH 4 FROM THE 7TH AIR FORCE REQUESTED THAT YOU BE FURNISHED TRANSPORTATION AND YOU LEFT BANGKOK AIRPORT THE NEXT DAY AS AN ADDITIONAL CREW MEMBER ON A MILITARY AIRCRAFT AND ARRIVED AT PHAN RANG AIR BASE THE SAME DAY. YOUR UNIT THEN REQUESTED AMENDMENT OF YOUR PERMANENT CHANGE OF STATION ORDERS TO REFLECT YOUR CHANGED ASSIGNMENT. BY SPECIAL ORDER S0-271, DATED MARCH 12, 1969, THE 28TH MILITARY AIRLIFT SQUADRON (MAC) HILL AIR FORCE BASE, UTAH 84401, AMENDED ITS SPECIAL ORDER S0-366, DATED JULY 30, 1968, CHANGING YOUR UNIT ASSIGNMENT FROM THE 606 AIR COMMANDO SQUADRON (PACAF) APO SAN FRANCISCO 96310 TO THE 311 SPECIAL OPERATIONS SQUADRON (PACAF) APO SAN FRANCISCO 96321.

YOUR CLAIM FOR PER DIEM AND EXPENSES FOR THE PERIOD FROM SEPTEMBER 29, 1968, TO FEBRUARY 16, 1969, WAS ADMINISTRATIVELY ALLOWED BUT THE BALANCE OF YOUR CLAIM, FOR THE PERIOD FROM FEBRUARY 16, TO MARCH 5, 1969, WAS REFERRED TO OUR CLAIMS DIVISION, AND BY THE SETTLEMENT OF OCTOBER 8, 1969, YOU WERE ALLOWED $29 AS A REFUND OF THE BACHELOR OFFICER QUARTERS CHARGES SHOWN ON YOUR CLAIM VOUCHER AS HAVING BEEN PAID FOR THE PERIOD FROM FEBRUARY 16, TO MARCH 5, 1969, AND $2.30 AS REIMBURSEMENT OF A TAXI FARE TO THE BANGKOK INTERNATIONAL AIRPORT ON MARCH 5, 1969.

YOU CONTEND THAT YOU ARE ENTITLED TO REIMBURSEMENT OF TAXI FARES TOTALING $8.60 ($9.20) FOR TRANSPORTATION FROM BANGKOK TO BANGKOK INTERNATIONAL AIRPORT, AND RETURN, ON MARCH 3 AND 4, 1969, AS YOU WERE VERBALLY ORDERED BY THE 7TH AIR FORCE TO REPORT FOR AIRLIFT TO SAIGON AS SOON AS POSSIBLE AND THAT UPON REPORTING AT THE AIRPORT ON MARCH 3, THE SCHEDULED FLIGHT WAS CANCELLED AFTER LONG DELAY AND WITHOUT PRIOR NOTICE, AND THAT THIS ALSO HAPPENED ON MARCH 4, 1969. YOU SAY ALSO THAT YOU WERE ON PERMANENT CHANGE OF STATION TRAVEL STATUS FROM FEBRUARY 28, TO MARCH 5, 1969, AND YOU WISH TO KNOW WHY THIS CLAIM, INCLUDING BOQ FEES, WAS NOT HONORED.

THE PERTINENT STATUTE, 37 U.S.C. 404 (A) (1), PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS UPON A CHANGE OF PERMANENT STATION OR WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY. PARAGRAPH M3050 -1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS SHALL BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE IN A "TRAVEL STATUS" AND THAT THEY SHALL BE DEEMED TO BE IN SUCH STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS, INCLUDING NECESSARY DELAYS EN ROUTE INCIDENT TO THE MODE OF TRAVEL.

PARAGRAPH M3000 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR AND THAT REIMBURSEMENT FOR TRAVEL IS NOT AUTHORIZED WHEN TRAVEL IS PERFORMED IN ANTICIPATION OF OR PRIOR TO RECEIPT OF ORDERS. PARAGRAPH M3001 STATES THAT A COMPETENT TRAVEL ORDER IS A WRITTEN INSTRUMENT ISSUED BY COMPETENT AUTHORITY DIRECTING A MEMBER TO TRAVEL BETWEEN DESIGNATED POINTS. AN EXCEPTION TO THIS REQUIREMENT IS PROVIDED FOR IN PARAGRAPH M3002 WHEN A VERBAL ORDER IS GIVEN IN ADVANCE OF TRAVEL AND SUBSEQUENTLY CONFIRMED IN WRITING, GIVING DATE OF VERBAL ORDER, AND IS APPROVED BY COMPETENT AUTHORITY.

THIS EXCEPTION IS CONSIDERED TO CONTEMPLATE ONLY THOSE SITUATIONS WHERE, DUE TO THE EXIGENCIES OF THE SERVICE, IT IS NOT FEASIBLE TO ISSUE WRITTEN ORDERS IN ADVANCE OF TRAVEL AND THE DEFICIENCY IS REMEDIED AT THE EARLIEST PRACTICABLE TIME BY THE ISSUANCE OF WRITTEN CONFIRMING ORDERS. THE CONFIRMING WRITTEN ORDER, WHICH IS IN SUBSTITUTION FOR THE WRITTEN ORDER NORMALLY REQUIRED PRIOR TO TRAVEL, MUST ITSELF CONTAIN SUFFICIENT DETAIL OF THE VERBAL ORDER TO MEET THE REQUIREMENTS ORDINARILY REQUIRED OF VALID WRITTEN TRAVEL ORDERS. A MERE RECITATION OF WHAT HAS TRANSPIRED IS NOT SUFFICIENT.

PARAGRAPH M3002-3 OF THE REGULATIONS FURTHER PROVIDES THAT ORDERS RECEIVED BY TELEPHONE FROM COMPETENT AUTHORITY MUST BE SUBSEQUENTLY CONFIRMED BY THE AUTHORITY WHO ISSUED SUCH ORDERS BY TELEPHONE. THIS IS TO BE DONE EITHER BY ISSUE OF FURTHER ORDERS REDUCING THE TELEPHONIC ORDERS TO WRITING OR BY APPROVAL BY COMPETENT AUTHORITY OF ORDERS WRITTEN IN THE FIELD REFERENCING SUCH TELEPHONIC ORDERS. ALSO, IT PROVIDES THAT REIMBURSEMENT FOR TRAVEL EXPENSES UNDER TELEPHONIC ORDERS MAY NOT BE MADE UNTIL SUCH CONFIRMATION IS OBTAINED.

IT APPEARS FROM YOUR LETTER OF MARCH 11, 1969, THAT AFTER ARRIVING AT YOUR STATION IN THAILAND THE 7TH AIR FORCE DIRECTED BY TELEPHONE THAT YOU PROCEED TO VIETNAM IN ACCORDANCE WITH THE CHANGE MADE IN YOUR PERMENENT DUTY ASSIGNMENT. HOWEVER, NO WRITTEN CONFIRMATION OF SUCH TELEPHONIC ORDERS HAS BEEN FURNISHED AS REQUIRED BY THE ABOVE REGULATION.

THE TELEGRAPHIC MESSAGE FROM THE 7TH AIR FORCE TO THE 6TH AERIAL PORT SQUADRON AT BANGKOK INTERNATIONAL AIRPORT, DATED MARCH 4, 1969, REQUESTED THAT THE FIRST AVAILABLE AIR TRANSPORTATION BE PROVIDED FOR YOU TO VIETNAM AS YOU WERE ASSIGNED TO THE 309 SPECIAL OPERATIONS SQUADRON, PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, YOUR ASSIGNMENT TO NAHKON PHANOM AIR BASE HAVING BEEN CHANGED TO VIETNAM, BUT THAT YOU DID NOT RECEIVE AMENDED ORDERS PRIOR TO DEPARTURE FROM THE CONTINENTAL UNITED STATES. THIS MESSAGE MAY NOT BE CONSIDERED TO BE A CONFIRMATION OF A PRIOR VERBAL OR TELEPHONIC ORDER. IT IS IN ESSENCE A REQUEST FROM ONE MILITARY ELEMENT TO ANOTHER UNIT, REQUESTING THAT TRANSPORTATION BE FURNISHED FOR YOU, TOGETHER WITH A RECITATION AND EXPLANATION OF THE CIRCUMSTANCES LEADING TO THE REQUEST. THIS COMMUNICATION DOES NOT ESTABLISH THE DATE AND CONTENTS OF ANY VERBAL ORDER, NOR DOES IT REFER TO ANY VERBAL ORDER OR PURPORT TO CONFIRM SUCH ORDER.

THE ISSUANCE OF AN AMENDMENT TO YOUR ORDERS PRIOR TO YOUR DEPARTURE FROM THE UNITED STATES HAS NOT BEEN ESTABLISHED AND SEEMS UNLIKELY IN VIEW OF THE ISSUANCE OF SPECIAL ORDER 271, AFTER YOUR ARRIVAL IN VIETNAM. THIS ORDER, DATED MARCH 12, 1969, MAY NOT RETROACTIVELY CHANGE THE PRIOR ORDER AS NO INADVERTENCE OR ERROR IS SHOWN IN THE PREPARATION OF THE ORIGINAL ORDER DATED JULY 30, 1968, WHICH CLEARLY EXPRESSED THE ACTUAL INTENTION, AT THAT TIME, TO ASSIGN YOU TO THAILAND.

EXCEPT TO CORRECT OR TO COMPLETE ORDERS TO SHOW THE ORIGINAL INTENT, TRAVEL ORDERS MAY NOT BE REVOKED OR MODIFIED RETROACTIVELY SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE ACCRUED AND BECOME FIXED UNDER THE APPLICABLE STATUTES, REGULATIONS, AND ORDERS FOR TRAVEL ALREADY PERFORMED. SEE 23 COMP. GEN. 716 (1944); 24 ID. 439 (1944). THE SERVICE DEPARTMENT (HEADQUARTERS, PACIFIC AIR FORCES) IN CONSIDERING YOUR VOUCHER FOR REIMBURSEMENT NOTED THAT "S0-271 WAS ISSUED AFTER MEMBER'S ARRIVAL AT APO 96310 CONTRARY TO PARA. 1-17C (2) AFM 10-3, AND AS SUCH IS NOT CONSIDERED VALID."

THIS ORDER WHICH PURPORTED TO DO NO MORE THAN CHANGE THE DESTINATION INDICATED IN THE PRIOR WRITTEN ORDER OF JULY 30, 1968, MADE NO REFERENCE TO A VERBAL ORDER AND MAY NOT BE CONSIDERED TO CONFIRM ANY VERBAL ORDER ISSUED TO YOU WHILE IN THAILAND.

AS NO COMPETENT ORDER FOR TRAVEL FROM NAHKON PHANOM AIR BASE, THAILAND, TO PHAN RANG AIR BASE, REPUBLIC OF VIETNAM, HAS BEEN FURNISHED, NEITHER PER DIEM NOR REIMBURSEMENT OF TAXI FARES ON MARCH 3 AND 4, 1969, MAY BE AUTHORIZED. OUR SETTLEMENT TOTALING $31.30 INCLUDED REIMBURSEMENT OF $2.30 FOR CAB FARE ON MARCH 5, 1969, INCIDENT TO THE TRANSPORTATION REQUESTED FOR YOU ON THAT DATE, AS WELL AS THE REFUND OF BOQ CHARGES FOR THE PERIOD FROM FEBRUARY 16, TO MARCH 5, 1969.

ACCORDINGLY, ON THE PRESENT RECORD THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.