B-159745, APR. 6, 1967
Highlights
087071: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 25. WHICH DENIED YOUR CLAIM FOR THE DIFFERENCE BETWEEN BASIC ALLOWANCE FOR QUARTERS AND WHAT YOU CONSIDER TO BE THE FAIR RENTAL VALUE OF THE QUARTERS TO WHICH YOU WERE ASSIGNED. IN PRESENTING YOUR CLAIM YOU ALLEGED THAT THE QUARTERS YOU OCCUPIED DURING THE PERIOD INVOLVED WERE INADEQUATE AND SUBSTANDARD. YOU NOW CONTEND THAT SUCH QUARTERS WERE. MARGINAL AND YOU HAVE ENCLOSED A COPY OF A LETTER DATED SEPTEMBER 30. CONCERNING MILITARY FAMILY HOUSING IN WHICH YOUR CASE AND ANOTHER ARE MENTIONED. IT IS NOTED THAT IN THAT LETTER THE SECRETARY OF DEFENSE AGREED THAT THE CONVERTED BARRACKS UNIT TO WHICH YOU WERE ASSIGNED "WAS MARGINAL IF NOT ACTUALLY SUBSTANDARD" AND HE CONCLUDED BY STATING THAT HE HAD DIRECTED THAT THESE UNITS BE REEVALUATED AS TO THEIR ADEQUACY.
B-159745, APR. 6, 1967
TO CAPTAIN DAVID G. COTTS, CE, 087071:
FURTHER REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 25, 1967, REQUESTING RECONSIDERATION OF OUR DECISION OF AUGUST 23, 1966, WHICH DENIED YOUR CLAIM FOR THE DIFFERENCE BETWEEN BASIC ALLOWANCE FOR QUARTERS AND WHAT YOU CONSIDER TO BE THE FAIR RENTAL VALUE OF THE QUARTERS TO WHICH YOU WERE ASSIGNED, WHILE STATIONED AT SIOUX ARMY DEPOT, SIDNEY, NEBRASKA, FROM FEBRUARY 18, 1963, TO FEBRUARY 24, 1964.
IN PRESENTING YOUR CLAIM YOU ALLEGED THAT THE QUARTERS YOU OCCUPIED DURING THE PERIOD INVOLVED WERE INADEQUATE AND SUBSTANDARD. YOU NOW CONTEND THAT SUCH QUARTERS WERE, AT BEST, MARGINAL AND YOU HAVE ENCLOSED A COPY OF A LETTER DATED SEPTEMBER 30, 1966, FROM THE SECRETARY OF DEFENSE TO THE CHAIRMAN, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, CONCERNING MILITARY FAMILY HOUSING IN WHICH YOUR CASE AND ANOTHER ARE MENTIONED. IT IS NOTED THAT IN THAT LETTER THE SECRETARY OF DEFENSE AGREED THAT THE CONVERTED BARRACKS UNIT TO WHICH YOU WERE ASSIGNED "WAS MARGINAL IF NOT ACTUALLY SUBSTANDARD" AND HE CONCLUDED BY STATING THAT HE HAD DIRECTED THAT THESE UNITS BE REEVALUATED AS TO THEIR ADEQUACY, AND THAT IF THEY ARE DETERMINED TO BE INADEQUATE THAT THEY BE SO CLASSIFIED. NO INFORMATION HAS BEEN FURNISHED AS TO THE ACTION TAKEN, IF ANY, AS TO THIS MATTER.
ADDITIONALLY YOU COMPLAIN THAT THIS OFFICE DENIED YOUR CLAIM SOLELY ON THE PROVISION OF THE ARMY REGULATIONS WHICH PLACED THE DETERMINATION OF ADEQUACY OF QUARTERS UPON THE DEPOT COMMANDER, WITHOUT MAKING AN IMPARTIAL EVALUATION OF THE "DE FACTO" CONDITION OF YOUR SPECIFIC QUARTERS.
THE AUTHORITY TO DETERMINE THE ADEQUACY OF PUBLIC HOUSING ACCOMMODATIONS FOR AN OFFICER OF YOUR RANK IS VESTED IN THE APPROPRIATE INSTALLATION COMMANDER. PARAGRAPH 5-13, AR 37-104, CHANGE 51, DATED DECEMBER 18, 1961, ESTABLISHED THAT AUTHORITY. WHILE HIS VIEWS AS TO THE ADEQUACY OF THE PARTICULAR QUARTERS OCCUPIED BY YOU APPARENTLY DO NOT AGREE WITH YOUR APPRAISAL OF THE QUARTERS, SUCH DIFFERENCE OF OPINION DOES NOT WARRANT ALLOWANCE OF YOUR CLAIM. NEITHER DOES THE INFORMATION YOU HAVE SUBMITTED TO THIS OFFICE PERMIT A DETERMINATION CONTRARY TO THE ADMINISTRATIVE DETERMINATION MADE PURSUANT TO ARMY REGULATIONS BY THE OFFICER VESTED WITH THE RESPONSIBILITY TO MAKE SUCH DETERMINATION.
ALSO, YOUR ATTENTION IS AGAIN INVITED TO PARAGRAPH 3 OF EXECUTIVE ORDER NO. 10204, DATED JANUARY 16, 1951, WHICH PROVIDED THAT ANY HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES IN FACT OCCUPIED BY A MEMBER AND HIS DEPENDENTS WITHOUT RENTAL CHARGE ARE, BY THE VERY FACT OF OCCUPANCY, DEEMED TO BE ADEQUATE AND APPROPRIATE QUARTERS. SINCE YOU AND YOUR FAMILY ACTUALLY OCCUPIED THE QUARTERS ASSIGNED TO YOU, YOU WERE INELIGIBLE TO RECEIVE QUARTERS ALLOWANCE.
ACCORDINGLY, WE MUST ADHERE TO THE VIEWS PREVIOUSLY EXPRESSED IN THIS MATTER.