B-132581, APR. 30, 1958
Highlights
USMC: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 13. THE FACTS IN THIS CASE ARE SET FORTH IN OUR DECISION OF JULY 26. WITH WHICH YOU ARE FAMILIAR. YOU STRESSED THE MATTER OF INADEQUACY OF THE LODGINGS YOU OCCUPIED AT THAT TIME DUE TO THE FACT THAT SUCH LODGINGS WERE UNFURNISHED AND YOU DID NOT HAVE FULL USE OF YOUR OWN HOUSEHOLD EFFECTS. IT APPEARED THAT YOU WERE BASING YOUR CLAIM ON THE INADEQUACY OF SUCH LODGINGS. IN THE DISALLOWANCE OF YOUR CLAIM YOU WERE ADVISED THAT THE REGULATIONS CONTAINED IN PARAGRAPH 4303-2A. YOU NOW STATE THAT YOUR CLAIM IS BASED ON THE RULE STATED IN OUR DECISION B-129960. THAT IF THE HOUSING SECURED AND OCCUPIED IS COMPARABLE TO HOUSING OCCUPIED BY OTHERS IN THE SAME LOCALITY ON A PERMANENT BASIS.
B-132581, APR. 30, 1958
TO MASTER SERGEANT F. J. DIDDLEMEYER, USMC:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 13, 1958, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 20, 1958, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE FOR THE FIRST 45 DAYS AFTER YOU ARRIVED AT THE MARINE CORPS AIR STATION, KANEOHA BAY, OAHU, T.H., FROM JANUARY 16 TO MARCH 1, 1957.
THE FACTS IN THIS CASE ARE SET FORTH IN OUR DECISION OF JULY 26, 1957, B- 132581, TO S.F. LEADER, DISBURSING OFFICER, USMC, WITH WHICH YOU ARE FAMILIAR. SINCE, IN SUBMITTING YOUR CLAIM, YOU STRESSED THE MATTER OF INADEQUACY OF THE LODGINGS YOU OCCUPIED AT THAT TIME DUE TO THE FACT THAT SUCH LODGINGS WERE UNFURNISHED AND YOU DID NOT HAVE FULL USE OF YOUR OWN HOUSEHOLD EFFECTS, IT APPEARED THAT YOU WERE BASING YOUR CLAIM ON THE INADEQUACY OF SUCH LODGINGS. IN THE DISALLOWANCE OF YOUR CLAIM YOU WERE ADVISED THAT THE REGULATIONS CONTAINED IN PARAGRAPH 4303-2A, CHANGE 54, JANUARY 1, 1957, JOINT TRAVEL REGULATIONS, AUTHORIZED PAYMENT OF STATION PER DIEM FOR OCCUPANCY OF "TEMPORARY LODGINGS," NOT INADEQUATE HOUSING. YOU NOW STATE THAT YOUR CLAIM IS BASED ON THE RULE STATED IN OUR DECISION B-129960, DECEMBER 21, 1956, THAT IF THE HOUSING SECURED AND OCCUPIED IS COMPARABLE TO HOUSING OCCUPIED BY OTHERS IN THE SAME LOCALITY ON A PERMANENT BASIS, IT IS NOT REGARDED AS "TEMPORARY LODGINGS," AND YOU AVER THAT THE HOUSING OCCUPIED BY YOU WAS NOT COMPARABLE TO HOUSING OCCUPIED BY OTHERS IN THAT SAME LOCALITY ON A PERMANENT BASIS.
YOUR BELIEF THAT THE LODGINGS OCCUPIED BY YOU AND YOUR DEPENDENTS WERE "TEMPORARY LODGINGS" WITHIN THE MEANING OF THE REGULATIONS, APPEARS TO STEM FROM TWO FACTS, (1) THAT YOU INTENDED TO OCCUPY THEM ONLY ON A TEMPORARY BASIS AS EVIDENCED BY YOUR APPLICATION FOR ASSIGNMENT TO GOVERNMENT HOUSING ON JANUARY 16, 1957, AND (2) THAT YOUR LODGINGS WERE UNFURNISHED AND NOT ALL OF YOUR HOUSEHOLD EFFECTS WERE AVAILABLE FOR YOUR USE AT THAT TIME.
IT IS UNDOUBTEDLY TRUE THAT SOME PERMANENT HOUSING IS LESS DESIRABLE THAN OTHER PERMANENT HOUSING AND IT MAY BE THAT THE GOVERNMENT FAMILY QUARTERS AT YOUR STATION--- OF WHICH THERE APPEARS TO HAVE BEEN AN INSUFFICIENT NUMBER AVAILABLE FOR ASSIGNMENT TO ALL MEMBERS AND THEIR FAMILIES WHO APPLIED THEREFOR--- WERE MORE DESIRABLE THAN MOST PRIVATE HOUSING. HOWEVER, A MEMBER'S INTENTION TO OCCUPY PERMANENT TYPE HOUSING TEMPORARILY UNTIL MORE SATISFACTORY HOUSING OR GOVERNMENT QUARTERS CAN BE OBTAINED IS NOT A DECISIVE FACTOR IN DETERMINING WHETHER OR NOT SUCH HOUSING IS "TEMPORARY LODGINGS" WITHIN THE MEANING OF THE REGULATIONS. IF THE HOUSING SECURED AND OCCUPIED ACTUALLY IS COMPARABLE TO THAT OCCUPIED BY OTHERS IN THE SAME LOCALITY ON A PERMANENT BASIS, IT IS NOT TEMPORARY HOUSING.
IT WOULD SEEM THAT UNRENTED HOUSES WOULD HAVE BEEN VERY DIFFICULT TO FIND IN THE CROWDED CONDITIONS YOU DESCRIBE OF 4,000 DEPENDENTS OF MARINE CORPS MEMBERS SEEKING LIVING ACCOMMODATIONS IN A COMMUNITY WITH A POPULATION OF APPROXIMATELY 7,500 CIVILIANS. HOWEVER, YOU WERE SUCCESSFUL IN OBTAINING A HOUSE FOR YOUR USE AND IT WAS PERMANENT TYPE HOUSING. THE PRINCIPLE REASON YOU HAVE ASSIGNED AS TO WHY THAT HOUSE WAS NOT COMPARABLE TO THE HOUSING PERMANENTLY OCCUPIED BY OTHERS IN THAT VICINITY WAS THAT IT WAS UNFURNISHED. HOWEVER, MEMBERS WHO SHIP THEIR HOUSEHOLD EFFECTS TO FOREIGN STATIONS WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE EXPECT TO RENT UNFURNISHED HOUSING. THAT FACT DOES NOT MAKE SUCH HOUSING "TEMPORARY LODGINGS" WITHIN THE MEANING OF THE REGULATIONS, EVEN THOUGH THEY HOPE TO OBTAIN BETTER QUARTERS OR GOVERNMENT QUARTERS AT A LATER DATE, SINCE IT IS PERMANENT TYPE HOUSING. WHILE YOU, NO DOUBT, WERE PUT TO SOME INCONVENIENCE AND EXPENSE SINCE ALL OF YOUR HOUSEHOLD EFFECTS WERE NOT IMMEDIATELY AVAILABLE FOR YOUR USE, YOU DID NOT INCUR THE EXPENSES A PERSON MUST MEET WHILE PURCHASING QUARTERS AND MEALS FOR HIMSELF AND HIS DEPENDENTS ON A TRANSIENT BASIS AT MOTELS AND PUBLIC RESTAURANTS. IT WAS PERSONS WHO WERE TEMPORARILY REQUIRED TO LIVE UNDER SUCH CONDITIONS THAT WERE COVERED BY THE CITED REGULATIONS.
IN THE CIRCUMSTANCES DISCLOSED, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF FEBRUARY 20, 1958, IS SUSTAINED.