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B-199464 1 (1980-08-29)

handle is hein.gao/gaobadino0001 and id is 1 raw text is: 



                   j   'THE COMPTROLLEP GENERAL  I
DECISION                   . OF   THE UNITED STATES
                             WASHINGTON.,  . C. 20548


FILE:   B-199464


DATE:   August 29, 1980


MATTER OF: Lieutenant Colonel J. H. Champion, USMC


A service member and others performed temporary
duty travel under competent orders which contained
the designation group travel instead of individ-
ual travel, which would permit greater reimburse-
ment for per diem. Based on an assertion of error,
those orders were modified by amendatory orders
issued after the ordered travel was performed.
The general rule is that travel orders may not be
revoked or modified retroactiyely to increase or
decrease accrued rights, iniabsence of a showing
of error apparent on face of orders or a showing
that something intended to be included was .
omitted.  Since orders were complete as issued
and nothing contained therein shows that group
travel was not intended, reimbursement for
additional amount on orders modification is
not authorized.


     This action is in response to a letter dated June 19, 1980,
from Lieutenant Colonel J. H. Champion, USMC, requesting further
consideration of his Claim for additional per diem ncident to
temporary additional duty performed in Korea in December 1978.

     The matter of this claim was the subject of settlement by our
Claims Division dated September 27, 1979., which disallowed it
because the amendment to .the orders which would have permitted
increased per diem were issued retroactively after the travel in
question had been performed.

     Colonel Champion contends that the orders as originally issued
were in error, in that those orders, provided for group travel when
they were supposed to show individual travel. Further, he indicates
that the error was introduced by an inexperienced enlisted travel
clerk and it was not detected by the authenticating officer,
disbursing office or any of those affected until after the travel
was performed.

     Travel Order No. 36-79, dated November 27, 1978, directed
Lieutenant Colonel Champion (then major) and others, to perform


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