Essay Sample on Legal Administrative Memorandum

Issue: The military regulations require the employees of DOD always to use the travel credit cards issued by the government-selected commercial banks when traveling on official functions.

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Task: As a legal advisor for the U.S. Army I have been tasked to confirm the legal guidelines requiring the Department of Defense employees to have and use a Government Travel Card for all official travel.

Background

The employees of the department of defense have been complaining about the requirement that they must apply for and use the travel cards issued by the government. They say that they were not involved in the decision to source the services from a private lender because they had preferences for other service providers who are better than the existing one. They also claim that the cards give limited options on the purchases they can make when they are traveling. The requirements on the use of the card include the checking on the financial credit of the members besides reporting negative and positive payment action which is associated with the card into the credit report of the member(Crawford & Crawford,2006). Though the regulation is not new, the employees are arguing that their credit card ratings are getting affected negatively due to their inability to provide timely payments. The members say that since they are ordinary members of the society, they do not have surplus income to therefore finding themselves in a situation where their ratings on credit go down affecting their ability to get loans.

There need for the military to travel from areas that are far from their stations of work to another has increased. During the travels, many costs such as accommodation, air tickets, meals, fuel, and car rentals are incurred( In Berry,2014). They are therefore charged to the government travel card issued to them. Though each cost during travel is reimbursed already the company which issues the credit cards had already accepted the charges incurred and added them to the account of the member for that particular billing cycle. Many rates for the airline tickets and accommodation are much higher in comparison with other rates charged to companies and individuals. This adds to the balance the credit card holder must pay before the due date. After one has traveled, he/she is expected to submit all the receipts supporting all the expenses and then awaits their approval before reimbursement is done and the money sent to the card( In Berry,2014). Due to the bureaucratic process involved before one is reimbursed the money the members feel that they are burdened and punished for no good reason.

Irrespective of the delay the cardholder is still expected to clear with the balance on the card before getting their reimbursement. However, the balances are too high for the average employee, and they find themselves in an awkward situation because they had not budgeted for. This makes the members delinquent which they are reported and affects the credit ratings of the members. The approval process needs to be adjusted so that it does not affect the members negatively. The members want to be given the opportunity to use credit cards of their own choice so that they can have the option of low-interest rates, get rewards points and limit the government's oversight on their credit. The department is of the opinion that the issues need to handled administratively but if they go outside the department how should be handle( In Berry,2014). The department wants the legal team to address the following issues concerning the regulations on the traveling cards by the members of the department of defense.

How should the issue be handled without breaching the law?

What does the law say about the issue? If the decision the department is appealed, what legal redress should it take

The Legal Opinion

Before the government through the department of defense arrived at the current provider of the card services, an open tendering process was conducted before that is what the law demands. The laws demand that for transparency there must be an open tendering process where several factors are put into consideration before the winner is announced. When this due process is followed even if one takes the department to court for awarding the tender to a particular organization their charges will not stand because that is the procedure which is followed in any process of procurement. The choice of the provider of the services, other factors are considered not only the lowest bidder but also other factors like the technical capability of the company to offer the services as well as the financial capability of the firm( In Berry,2014). Other factors which are considered are the experience of the company in offering such services because the tender cannot be given to the company that can fail the organization. According to the documents attached, the department followed all these processes and the most appropriate service provider was chosen based on all those international set parameters. Therefore there is no way the cardholders can be given an opportunity to choose their preferred service provider because that will go against the international standards on procurement hence making the whole exercise null and void( United States,2002). If the company to provide the card financial services is handpicked, it cannot meet the standard the justice system, and therefore it will be illegality.

Secondly, the provider of the card cannot allow the members to make purchases the way they want. Any system must have a cap on what can be bought and what cannot. Since the money, the department's members of staff spend belong to the citizens because they are the ones who pay taxes. Therefore, the money should be spent very carefully. That is the reason as to why there are restrictions which are attached to the maximum amount that can be spent and the kind of purchases that can be done. If there are no restrictions on what can be purchased and the ceiling on the highest amount which can be spent, then the money will not be spent well. It is legal requirements that there should be capping on the amount of money that can be spent. ( In Berry,2014). Additionally, it is not possible for the members to use the card the way they want because the card provider must exercise some control and measures on the members spending.

However, the accountability process so that one can be reimbursed. The amount spent should be reduced so that the members do not suffer. Most of the members are ordinary meaning that they do not have extra financial resources at their disposal. Therefore, they greatly suffer when the approval process is delayed( In Berry,2014). However, important through the process of approvals needs to be the process should be increased so that the suffering of the members is minimized. It is illegal to delay in making payments more especially reimbursement. Therefore, to prevent cases of litigations, it is essential that the process is quickened so that the members can get their dues in time. If the process is fastened, even the negative credit ratings which members have been facing will be reduced. If a member's credit is rated poorly due to somebody else's problems, one can sue, and the accused person can be made to pay for the damages( In Berry,2014). To prevent cases of litigation, it is therefore essential that all the financial obligations that lie on the department are solved quickly.

The department of the defense travel card is a credit card which is designed to make it easier for the department employees to travel. The card is mostly used when traveling on the official government business to cater for the costs incurred during the travel. The employees of the department do not have a say on the acquisition process and the operations of the card. They are just consumers. The card is not a right but rather a privilege accorded to them so that they are not inconvenienced when they travel. The travel card is covered by the travel and Transportation Reform Act of 1998. The Act is the one that governs the use of the card - the aim of the programme apart from making it easier for the employees to travel but also standardize the convenient, effective, safe and a method that is commercially available for the department of defense members. The card does cover not only the international but also the local travel( In Berry,2014). One can use the card provided the employee has located from his/her official location.

If one fails to use the card is not a ground for the refusal to reimburse the traveler for the most appropriate charges for any appropriate charges. However if one does not use the card, he/she will be subjected to disciplinary and administrative measures. There are some exceptions to the requirement. The exceptions are only applicable when the employees make only one or two travels in a year if they were denied a card before and when the appointee is new. The traveler's card is governed by two main rules:

• The employees are required to meet their financial obligations
• The employees are expected to use the card which is the government property for the purposes that are authorized

Anybody who contravenes the above regulations is punished based on the law( In Berry,2014).

The following are the rules applicable when the card is being used

Paying the Bills

As the general requirement for all the credit cards payments is supposed to be made promptly. This means that a voucher used for the travel should be submitted immediately one returns from the travel. Any changes which are not which are not covered by the DFAS to the firm offering the card should be catered for by the holder of the card on or before the date which is indicated on the statements issued monthly. If the member fails to make the payments promptly will lead to the cardholder made to pay extra payment fees. Any late payments or the failure to pay can make the holder of the card to lack the willingness to made the card. Consequently, disciplinary actions are instituted against the traveler( In Berry,2014).Extra expenses are incurred if no one does not within the timelines.

As per your report, most of the department of defense travelers has been asking genuine tough questions concerning the use of the card. For instance, some of them ask why they are required to pay their bills, yet the government has not paid them. Such kind of questions will not arise if the vouchers are submitted promptly after the return from the travel. The card requirements stipulate that the cardholders should submit the card not more than five days of the travel. DFAS is required to make payments not more than 30 days after filling the reimbursement request. If it is filed within the stipulated time, the travelers will not have the agony of making payments before they are reimbursed the funds they have used( In Berry,2014). Therefore the most fundamental issue is that the travelers are expected to file their travel vouchers within the stipulated time so that the approval process can begin and get their money back.

Sometimes it happens that the traveler has filed the voucher late due to circumstances beyond his/her control. There is a provision in the Act which protects the members who are unable to file the vouchers within the stipulated time due to the nature of their work. Such members are usually described as the ones who are in critical missions which cannot allow them to leave their places of work to attend to issues of work. The critical status mission must be indicated on the members travel order so that even if they submit their vouchers late, they are not penalized, and their money is reimbursed without any problems. Before the account is susp...