B-105517, JAN. 11, 1962

B-105517, JAN. 11, 1962

TO MAJOR BRADY J. VRADENBURG, TC:

YOUR LETTER OF NOVEMBER 6, 1961, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR RENTAL ALLOWANCE AS FOR AN OFFICER WITHOUT DEPENDENTS FOR ONE DAY, JANUARY 15, 1944, BASED ON DECISION OF DECEMBER 28, 1960,40 COMP. GEN. 384.

IN THAT DECISION THE SECRETARY OF DEFENSE WAS ADVISED THAT REGULATIONS MAY BE PROMULGATED TO PRECLUDE PAYMENT OF BASIS ALLOWANCE FOR QUARTERS ON THE DATE OF ASSIGNMENT TO PUBLIC QUARTERS AND PERMIT PAYMENT OF SUCH ALLOWANCE FOR THE DATE OF TERMINATION OF SUCH QUARTERS UNDER THE CIRCUMSTANCES SET FORTH IN COMMITTEE ACTION 271 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE. REGULATIONS ISSUED PURSUANT TO THAT DECISION, AS TYPIFIED BY PARAGRAPH 5-15B, ARMY REGULATIONS 37-104, CHANGE 38, DATED APRIL 16, 1961, ARE PROSPECTIVE ONLY IN THEIR APPLICATION.

WHILE REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE OR DECREASE RIGHTS, THEY MAY NOT BE AMENDED TO DECREASE RETROACTIVELY ALLOWANCES PREVIOUSLY AUTHORIZED (COMPARE UNITED STATES V. DAVIS, 132, U.S. 334), AND NO LEGAL BASIS IS PERCEIVED FOR INCREASING RETROACTIVELY THE OBLIGATIONS OF THE GOVERNMENT. SEE 32 COMP. GEN. 315; COMPARE 21 COMP. DEC. 482; 10 COMP. GEN. 242; 15 ID. 869; 17 ID. 566. HENCE, NEITHER THE DECISION OF DECEMBER 28, 1960, NOR THE REGULATIONS ISSUED PURSUANT TO IT AFFORD A PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM, AND THE RECORD SHOWS YOU HAVE BEEN ADVISED ON SEVERAL OCCASIONS THAT YOUR CLAIM WAS NOT PAYABLE UNDER THE ..END :