B-158597, MAR. 29, 1966

B-158597, MAR. 29, 1966

TO TECHNICAL SERGEANT NORMAN F. GRIZZLE:

FURTHER REFERENCE IS MADE TO YOUR RECENT LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM FOR INITIAL STATION PER DIEM ALLOWANCE (TEMPORARY LODGING ALLOWANCE) FOR THE PERIOD JUNE 26 TO AUGUST 9, 1956 (45 DAYS), INCIDENT TO YOUR PERMANENT DUTY ASSIGNMENT AT TOUL-ROSIERE AIR BASE, FRANCE.

BY SPECIAL ORDERS NO. 142, DATED JUNE 25, 1956, HEADQUARTERS, 10TH TACTICAL RECONNAISSANCE WING (USAFE), APO 123, NEW YORK, NEW YORK, YOU WERE RELIEVED FROM ASSIGNMENT WITH YOUR UNIT IN GERMANY AND ASSIGNED TO THE 7430TH AIR BASE SQUADRON (USAFE), APO 83, A UNIT STATIONED AT TOUL- ROSIERE AIR BASE, FRANCE. AFTER YOUR ARRIVAL, SPECIAL ORDERS NO. 135, DATED JULY 9, 1956, WERE ISSUED BY YOUR NEW COMMAND CONFIRMING VERBAL ORDERS OF JUNE 25, 1956, AUTHORIZING STATION ALLOWANCES, SEPARATE RATIONS AND OFF-BASE RESIDENCE, EFFECTIVE JUNE 26"1956. THOSE ORDERS RECITE THAT GOVERNMENT QUARTERS AND MEALS WERE NOT AVAILABLE FOR DEPENDENTS AT THE STATION AND THAT YOU WERE THEN RESIDING AT "BLVD DE LA PEPINIERE, NANCY, FR.' PURSUANT TO THAT AUTHORITY THE AIR FORCE PAID YOU STATION ALLOWANCES AT THE RATE OF $3.15 PER DAY ($2.25 PER DAY SUBSISTENCE AND 90 CENTS PER DAY QUARTERS) FROM JUNE 26 TO DECEMBER 31, 1956, AND SEPARATE RATIONS AT THE RATE OF $1.05 PER DAY FROM JUNE 26 TO AUGUST 31, 1956, AND $1.00 PER DAY FROM SEPTEMBER 1 TO DECEMBER 31, 1956.

IN A LETTER DATED NOVEMBER 10, 1965, YOU STATED IN SUPPORT OF YOUR CLAIM FOR THE "TEMPORARY LODGING ALLOWANCE" THAT AT THE TIME OF ARRIVAL AT TOUL- ROSIERE AIR BASE IN JUNE 1956 SEVERAL DAYS WERE SPENT WITH YOUR WIFE'S PARENTS IN THE NEARBY CITY OF NANCY PRIOR TO OBTAINING HOTEL ACCOMMODATIONS AND THAT PERMANENT QUARTERS WERE OBTAINED APPROXIMATELY 60 DAYS AFTER SUCH ARRIVAL. YOU FURTHER SAID THAT AT THAT TIME YOU REPORTED TO THE BASE HOUSING OFFICE TO SUBMIT A CLAIM FOR THE TEMPORARY LODGING ALLOWANCE BUT A CIVILIAN CLERK ON DUTY AT THAT OFFICE INFORMED YOU THAT YOU WERE NOT ENTITLED TO THE ALLOWANCE SINCE YOUR PARENTS-IN-LAW'S ADDRESS HAD BEEN GIVEN AS YOUR TEMPORARY ADDRESS.

THE CLAIM, WHICH WAS REFERRED TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION, WAS DISALLOWED BY SETTLEMENT DATED JANUARY 24, 1966, BECAUSE OF THE LACK OF EVIDENCE THAT YOU OCCUPIED HOTEL OR HOTEL LIKE ACCOMMODATIONS AT PERSONAL EXPENSE DURING THE PERIOD CLAIMED. YOU SAYIN YOUR RECENT LETTER THAT SEVERAL DAYS AFTER ARRIVAL AT TOUL ROSIERE AIR BASE YOU SECURED HOTEL ACCOMMODATIONS, INCLUDING ROOM AND MEALS, AT PERSONAL EXPENSE FOR YOURSELF AND FAMILY AND, THEREFORE, YOU MAINTAIN THAT CONDITIONS SPECIFIED IN THE PERTINENT REGULATION DID EXIST.

THE REGULATION APPLICABLE DURING THE PERIOD OF YOUR CLAIM, PARAGRAPH M4303-2A, JOINT TRAVEL REGULATIONS (CHANGE 47, JUNE 1, 1956), PROVIDED THAT UPON INITIAL ASSIGNMENT TO A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND UPON SUBSEQUENT TRANSFER FROM ONE PERMANENT STATION OUTSIDE THE UNITED STATES TO ANOTHER PERMANENT DUTY STATION OUTSIDE THE UNITED STATES REQUIRING A CHANGE IN RESIDENCE, A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS AT HIS NEW DUTY STATION, AND WHO IS REQUIRED TO SECURE TEMPORARY LODGINGS FOR HIMSELF AND DEPENDENTS, IF WITH DEPENDENTS, FOR ANY PERIOD DURING THE FIRST 45 DAYS AFTER HIS ARRIVAL SHALL BE ENTITLED TO A STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA. IT PROVIDED FOR THE REDUCTION FROM THAT STATION PER DIEM ALLOWANCE OF ANY BASIC ALLOWANCE FOR SUBSISTENCE TO WHICH AN ENLISTED MEMBER WAS ENTITLED AS WELL AS THE PRESCRIBED DEDUCTIONS WHEN GOVERNMENT MESS WAS AVAILABLE.

RATES OF PER DIEM FOR LOCALITIES OUTSIDE THE UNITED STATES WERE FIXED IN APPENDIX B OF THE JOINT TRAVEL REGULATIONS, A STATION RATE AND A HIGHER TRAVEL RATE BEING PRESCRIBED FOR MOST LOCALITIES INCLUDING YOUR DUTY STATION IN FRANCE. THE APPARENT PURPOSE OF THE REGULATIONS SET FORTH IN PARAGRAPH M4303-2A, IN ALLOWING THE HIGHER TRAVEL RATE FOR PERIODS UP TO 45 DAYS FOLLOWING DATE OF ARRIVAL AT A STATION OUTSIDE THE UNITED STATES, WAS TO PROVIDE REIMBURSEMENT FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS PENDING ASSIGNMENT OF GOVERNMENT QUARTERS, OR WHILE THE MEMBER CONCERNED MADE ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS AT A STATION WHERE GOVERNMENT QUARTERS WERE NOT AVAILABLE. 33 COMP. GEN. 451, COPY ENCLOSED.

YOU SAY THAT UPON ARRIVAL AT YOUR DUTY STATION IN FRANCE, SEVERAL DAYS WERE SPENT WITH YOUR WIFE'S PARENTS IN NANCY BEFORE MOVING INTO HOTEL ACCOMMODATIONS AND THAT PERMANENT QUARTERS WERE OBTAINED APPROXIMATELY 60 DAYS AFTER YOUR ARRIVAL. IT IS CLEAR THAT DURING THE PERIOD YOU RESIDED WITH YOUR WIFE'S PARENTS YOU DID NOT OCCUPY HOTEL ACCOMMODATIONS AND PAYMENT OF A TEMPORARY LODGING ALLOWANCE IS NOT AUTHORIZED FOR SUCH PERIOD. WHILE YOU SAY YOU LATER MOVED TO A HOTEL, NO EVIDENCE HAS BEEN SUBMITTED TO ESTABLISH THE PERIOD THAT YOU AND YOUR FAMILY ACTUALLY RESIDED THERE. THE RULE IS WELL ESTABLISHED THAT THOSE ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THEIR VALIDITY AND THAT THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. SEE 18 COMP. GEN. 980; LONGWILL V. UNITED STATES, 17 CT.CL. 288 (1882) AND CHARLES V. UNITED STATES, 19 CT.CL. 316 (1884). ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JANUARY 24, 1966, MUST BE SUSTAINED.

WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM, HOWEVER, IF YOU FURNISH ACCEPTABLE DOCUMENTARY EVIDENCE, EITHER IN THE FORM OF HOTEL RECEIPTS OR OTHERWISE, SHOWING THE NAME AND ADDRESS OF THE HOTEL IN WHICH YOU AND YOUR FAMILY LIVED DURING THE PERIOD OF YOUR CLAIM, THE TYPE OF ACCOMMODATIONS OCCUPIED, AND THE EXACT DATES OF COMMENCEMENT AND TERMINATION OF SUCH OCCUPANCY.