B-126932, FEB. 24, 1956
Highlights
WHILE YOU WERE STATIONED AT CAMP LOSEY. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. FOR PURPOSES OF ESTABLISHING A RIGHT TO THOSE ALLOWANCES THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4301-2 OF THE REGULATIONS. IT IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER. YOU HAVE INDICATED THAT YOUR MOTHER RESIDED AT MAYAGUEZ. DURING THE PERIOD IN QUESTION WHILE YOU WERE STATIONED AT CAMP LOSEY. SINCE MAYAGUEZ IS LOCATED MORE THAN 50 MILES AWAY FROM CAMP LOSEY. IT IS APPARENT THAT YOUR MOTHER WAS NOT LIVING WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE GOVERNING REGULATIONS.
B-126932, FEB. 24, 1956
TO SANTIAGO GUASP, SP-2, U.S. ARMY:
YOUR LETTER OF JANUARY 9, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 14, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM ALLOWANCE AS AN ENLISTED MEMBER OF THE ARMY OF THE UNITED STATES WITH DEPENDENTS (MOTHER) COVERING THE PERIOD FROM APRIL 1, 1951, TO JANUARY 31, 1952, WHILE YOU WERE STATIONED AT CAMP LOSEY, PUERTO RICO.
REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. FOR PURPOSES OF ESTABLISHING A RIGHT TO THOSE ALLOWANCES THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4301-2 OF THE REGULATIONS, AS THEN IN EFFECT, AS BEING A MEMBER WHOSE DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS FOREIGN DUTY STATION.' SUCH PROVISION CONTEMPLATES THE SITUATION WHERE THE DEPENDENTS ACTUALLY RESIDED WITH THE MEMBER AS A PART OF HIS HOUSEHOLD. IT IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER; THEY MUST LIVE WITH HIM. YOU HAVE INDICATED THAT YOUR MOTHER RESIDED AT MAYAGUEZ, PUERTO RICO, YOUR PERMANENT HOME ADDRESS, DURING THE PERIOD IN QUESTION WHILE YOU WERE STATIONED AT CAMP LOSEY. SINCE MAYAGUEZ IS LOCATED MORE THAN 50 MILES AWAY FROM CAMP LOSEY, IT IS APPARENT THAT YOUR MOTHER WAS NOT LIVING WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE GOVERNING REGULATIONS. IT MUST BE CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.