B-147965, MAY 21, 1962
Highlights
YOU WERE ADVISED THAT NO AMOUNT WAS PAYABLE AS STATION PER DIEM ALLOWANCE FOR THE PERIOD SEPTEMBER 20. THAT YOU WERE ENTITLED TO THE QUARTERS PORTION OF THE ALLOWANCE FOR THE PERIOD SEPTEMBER 10. THAT THE SUBSISTENCE PORTION OF THE ALLOWANCE WAS NOT PAYABLE FOR THE REASON THAT ENLISTED MESS WAS AVAILABLE. YOUR PRESENT CONTENTION IS THAT YOU ARE ALSO ENTITLED TO THE SUBSISTENCE PORTION FOR THE SAME PERIOD AS ALLOWED FOR THE QUARTERS PORTION. YOU SAY THAT DURING THIS PERIOD YOU WERE IN A MARRIED STATUS LIVING ON THE LOCAL ECONOMY. THAT OUR INTERPRETATION OF THE PERTINENT DIRECTIVES DOES NOT SHOW THAT AN OFFICER WAS EXPECTED TO TAKE HIS DEPENDENTS TO ENLISTED MESS FACILITIES. YOU WERE ADVISED IN PART AS FOLLOWS: "PARAGRAPH 7A.
B-147965, MAY 21, 1962
TO MAJOR COY M. CONAWAY:
YOUR LETTER OF APRIL 9, 1962, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR STATION PER DIEM ALLOWANCE WHILE ASSIGNED TO DUTY IN THE FREE TERRITORY OF TRIESTE.
BY DECISION B-147965 OF FEBRUARY 15, 1962, YOU WERE ADVISED THAT NO AMOUNT WAS PAYABLE AS STATION PER DIEM ALLOWANCE FOR THE PERIOD SEPTEMBER 20, 1949, THROUGH SEPTEMBER 9, 1950; THAT YOU WERE ENTITLED TO THE QUARTERS PORTION OF THE ALLOWANCE FOR THE PERIOD SEPTEMBER 10, 1950, TO FEBRUARY 28, 1951, BUT THAT THE SUBSISTENCE PORTION OF THE ALLOWANCE WAS NOT PAYABLE FOR THE REASON THAT ENLISTED MESS WAS AVAILABLE. YOUR PRESENT CONTENTION IS THAT YOU ARE ALSO ENTITLED TO THE SUBSISTENCE PORTION FOR THE SAME PERIOD AS ALLOWED FOR THE QUARTERS PORTION. YOU SAY THAT DURING THIS PERIOD YOU WERE IN A MARRIED STATUS LIVING ON THE LOCAL ECONOMY, AND THAT OUR INTERPRETATION OF THE PERTINENT DIRECTIVES DOES NOT SHOW THAT AN OFFICER WAS EXPECTED TO TAKE HIS DEPENDENTS TO ENLISTED MESS FACILITIES.
IN THE DECISION OF FEBRUARY 15, 1962, YOU WERE ADVISED IN PART AS FOLLOWS:
"PARAGRAPH 7A, WAR DEPARTMENT CIRCULAR 196, DATED JULY 25, 1947, PROVIDED THAT STATION ALLOWANCES WILL BE PAID ONLY WHERE GOVERNMENT QUARTERS AND GOVERNMENT MESSES ARE NOT AVAILABLE. THIS REGULATION WAS SUPERSEDED BY PARAGRAPH 4A, SPECIAL REGULATIONS 35-3080-1, DATED MAY 23, 1949, WHICH PROVIDED THAT STATION PER DIEM ALLOWANCE IS AUTHORIZED WHEN GOVERNMENT QUARTERS AND/OR GOVERNMENT MEALS ARE NOT AVAILABLE. PARAGRAPH 2F (1), WAR DEPARTMENT CIRCULAR 196, JULY 25, 1947, AS AMENDED BY SECTION IV, DEPARTMENT OF THE ARMY CIRCULAR NO. 80, DECEMBER 30, 1947, DEFINES "GOVERNMENT MESS" AS FOLLOWS:
"FOR OFFICERS--- "GOVERNMENT MESS" IS DEEMED TO BE AVAILABLE AT ANY MILITARY OR NAVAL INSTALLATION WHICH OPERATES AN OFFICERS' MESS. ANY ORGANIZATIONAL MESS OPERATED FOR ARMY OR NAVY ENLISTED PERSONNEL WILL BE CONSTRUED AS A "GOVERNMENT MESS" FOR THE PURPOSE OF THIS CIRCULAR. RESTAURANTS AND CAFETERIAS OPERATED BY ARMY EXCHANGES OR OFFICERS' CLUBS ARE NOT CONSIDERED TO BE ,GOVERNMENT MESS.'"
"PARAGRAPH 2F (1), SPECIAL REGULATIONS 35-3080-1, DEFINES "GOVERNMENT MESS" IN SIMILAR LANGUAGE, THE DIFFERENCE BEING THAT THE DEFINITION INCLUDES ORGANIZATIONAL MESSES OPERATED FOR AIR FORCE ENLISTED PERSONNEL.'
THE FOREGOING REGULATIONS DO NOT PREDICATE PAYMENT OF THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE TO OFFICERS STATIONED OVERSEAS ON WHETHER OR NOT GOVERNMENT MESS WAS USED BY THE OFFICER'S DEPENDENTS. DURING THE PERIOD INVOLVED, PAYMENT OF THE ALLOWANCE WAS PROHIBITED IF EITHER AN OFFICER'S MESS OR ORGANIZATIONAL MESS FOR ENLISTED PERSONNEL WAS OPERATED AT THE OVERSEAS INSTALLATION SINCE UNDER SUCH CIRCUMSTANCES A GOVERNMENT MESS WAS "DEEMED TO BE AVAILABLE" WHETHER OR NOT IT WAS UTILIZED BY THE OFFICER OR HIS DEPENDENTS. AS STATED IN THE DECISION, IT IS CLEAR THAT ORGANIZATIONAL MESSES FOR ENLISTED PERSONNEL WERE IN OPERATION IN TRIESTE DURING THE PERIOD OF YOUR CLAIM. ON THAT BASIS YOU ARE NOT ENTITLED TO THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE AND, ACCORDINGLY, THE DECISION OF FEBRUARY 15, 1962, IS AFFIRMED.