B-168892, MAR. 10, 1970

B-168892, MAR. 10, 1970

STATION ALLOWANCES--TEMPORARY LODGINGS--ADMINISTRATIVE APPROVAL REQUIREMENT STAFF SERGEANT, REASSIGNED FROM UNITED STATES TO ITALY WITH APPROVAL OF DEPENDENT'S CONCURRENT TRAVEL PROVIDED THEY RESIDE WITH RELATIVES UNTIL APPROVED HOUSING IS OBTAINED, IS NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE WHEN DEPENDENTS MOVED INTO HOTEL-LIKE ACCOMMODATIONS SINCE CONDITION FOR APPROVAL OF DEPENDENTS' CONCURRENT TRAVEL UNDER PAR. 3307, AIR FORCE MANUAL 75-4 WAS NOT MET AND THEY WERE NOT REQUIRED TO OCCUPY HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE WITHIN MEANING OF PAR. M4303, JOINT TRAVEL REGULATIONS, NOR IS MEMBER ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR OWN OCCUPANCY OF HOTEL ACCOMMODATIONS SINCE SATISFACTORY EVIDENCE HAS NOT BEEN FURNISHED SHOWING UTILIZATION OF HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS.

TO STAFF SERGEANT ELIE HALIOUA:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 10, 1969, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 21, 1969, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE AS FOR A MEMBER WITH DEPENDENTS FOR THE PERIOD FROM AUGUST 7 TO OCTOBER 27, 1968.

SPECIAL ORDER NO. AA-1536, HEADQUARTERS 3535 NAVIGATOR TRAINING WING (ATC), MATHER AIR FORCE BASE, CALIFORNIA, DATED JULY 12, 1968, DIRECTED YOUR ASSIGNMENT ON PERMANENT CHANGE OF STATION TO 40 COMBAT SUPPORT SQUADRON (USAFE), APO NEW YORK (AVIANO AIR BASE, ITALY), STATING IT WAS A HUMANITARIAN REASSIGNMENT. THE ORDERS CONTAINED NO NOTATION RELATIVE TO AUTHORITY FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION. HOWEVER, BY ORDER NO. AA-1586, DATED JULY 16, 1968, THE ORIGINAL ORDERS WERE AMENDED TO AUTHORIZE CONCURRENT TRAVEL OF DEPENDENTS PROVIDED THEY RESIDED WITH YOUR MOTHER IN-LAW AT PORDENONE, ITALY, UNTIL APPROVED HOUSING COULD BE OBTAINED. A FURTHER AMENDMENT DATED SEPTEMBER 9, 1968, DELETED THE REQUIREMENT FOR YOUR DEPENDENTS TO RESIDE WITH YOUR MOTHER-IN- LAW.

IT APPEARS THAT ON JUNE 21, 1968, A REQUEST FOR CONCURRENT TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS DISAPPROVED FOR THE REASON THAT THERE WAS NO GOVERNMENT OR GUEST TYPE HOUSING AT YOUR NEW DUTY STATION AND THE LIMITED HOTEL ACCOMMODATIONS NEARBY WERE BELOW UNITED STATES STANDARDS. HOWEVER, A SUBSEQUENT REQUEST FOR CONCURRENT DEPENDENT TRAVEL WAS APPROVED WITH THE PROVISION THAT YOUR FAMILY RESIDE WITH YOUR MOTHER- IN-LAW AT PORDENONE, ITALY, WHILE AWAITING QUARTERS.

IT APPEARS FURTHER FROM YOUR LETTER DATED OCTOBER 30, 1968, THAT ON AUGUST 6, 1968, YOU ARRIVED WITH YOUR DEPENDENTS AT AVIANO AND YOUR DEPENDENTS MOVED IN WITH YOUR MOTHER-IN-LAW. YOU INDICATED THAT YOU ATTEMPTED TO OBTAIN QUARTERS FOR YOURSELF FROM THE HOUSING OFFICER BUT WERE ADVISED THAT NONE WERE AVAILABLE. THIS IS SUBSTANTIATED BY A CERTIFICATE OF NON-AVAILABILITY OF QUARTERS AND MESSING FACILITIES FOR YOU DATED SEPTEMBER 26, 1968, COVERING THE PERIOD FROM AUGUST 7 THROUGH SEPTEMBER 13, 1968.

ON AUGUST 30, 1968, YOU REQUESTED AUTHORITY TO MOVE YOUR DEPENDENTS TO A HOTEL OR PENSIONE AND BE AUTHORIZED TEMPORARY LODGING ALLOWANCE. YOU STATED THAT LIVING SPACE AT YOUR MOTHER-IN-LAW'S RESIDENCE WAS VERY LIMITED AND INADEQUATE FOR YOUR FAMILY. THEREAFTER, A FURTHER AMENDMENT WAS ISSUED SEPTEMBER 9, 1968, DELETING THE REQUIREMENT FOR YOUR DEPENDENTS TO RESIDE WITH YOUR MOTHER-IN-LAW. A CERTIFICATE OF NON-AVAILABILITY OF QUARTERS DATED OCTOBER 7, 1968, WAS FURNISHED FOR YOU AND YOUR DEPENDENTS FOR THE PERIOD FROM SEPTEMBER 13 THROUGH OCTOBER 7, 1968.

A REPORT FROM THE HOUSING OFFICER DATED OCTOBER 14, 1968, STATED THAT THE CERTIFICATE OF NON-AVAILABILITY OF GOVERNMENT QUARTERS AND MESSING FACILITIES DATED SEPTEMBER 26, 1968, COVERING THE PERIOD FROM AUGUST 7 THROUGH SEPTEMBER 13, 1968, WAS IN ERROR FOR THE REASON THAT IF YOU HAD ARRIVED IN AN UNACCOMPANIED STATUS YOU WOULD HAVE BEEN HOUSED IN LEASED SPACE AVAILABLE NEARBY AND COULD HAVE SUBSISTED IN THE NON-COMMISSIONED OFFICERS' DINING HALL.

PARAGRAPH M4303, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO 37 U.S.C. 405, PROVIDES IN PERTINENT PART THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED A MEMBER UPON INITIAL ARRIVAL AT A PERMANENT STATION OUTSIDE THE UNITED STATES AND PENDING ASSIGNMENT OF GOVERNMENT QUARTERS OR COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS. SUCH ALLOWANCES ARE PAYABLE WHEN THE MEMBER, HIS DEPENDENTS, OR BOTH ARE REQUIRED TO AND DO OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND EAT AT PUBLIC RESTAURANTS AT PERSONAL EXPENSE.

PARAGRAPH 21106-A, AIR FORCE MANUAL 177-103, SUPPLEMENTING PARAGRAPH M4303, JOINT TRAVEL REGULATIONS, PROVIDES THAT TEMPORARY LODGING ALLOWANCE IS AUTHORIZED TO PARTIALLY REIMBURSE A MEMBER FOR EXPENSES INCURRED WHEN IT IS NECESSARY FOR THE MEMBER, HIS DEPENDENT, OR BOTH TO OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND SUBSIST IN PUBLIC RESTAURANTS BECAUSE GOVERNMENT OR OTHER PERMANENT-TYPE QUARTERS ARE NOT AVAILABLE.

IT APPEARS THAT AUTOMATIC CONCURRENT TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED IN YOUR CASE. ACCORDINGLY, UNDER THE PROVISIONS OF PARAGRAPH 3603, AIR FORCE MANUAL 75-4, YOUR APPLICATION FOR APPROVAL OF CONCURRENT TRAVEL OF YOUR DEPENDENTS' TRAVEL TO YOUR OVERSEAS DUTY STATION HAD TO BE APPROVED BY THE OVERSEAS COMMANDER IN ORDER FOR THEM TO BE CONSIDERED ELIGIBLE FOR SUCH TRAVEL. PARAGRAPH 3604 OF THE MANUAL LISTS THE AVAILABILITY OF HOUSING IN THE VICINITY OF THE MEMBER'S DUTY STATION AS ONE OF THE REQUIREMENTS FOR APPROVAL OF A MEMBER'S APPLICATION FOR SUCH TRAVEL.

PARAGRAPH 3307 OF THAT MANUAL PROVIDES THAT WHEN LIVING ACCOMMODATIONS WITH RELATIVES OF THE SPONSOR (MEMBER) OR OF HIS DEPENDENTS WHO WERE FORMER FOREIGN NATIONALS, ARE AVAILABLE IN THE SAME AREA IN WHICH THE MEMBER IS BEING ASSIGNED, AIR FORCE OVERSEAS COMMANDERS MAY APPROVE DEPENDENTS' CONCURRENT TRAVEL TO SUCH LOCATION WHEN HOUSING IS NOT OTHERWISE IMMEDIATELY AVAILABLE. THIS APPROVAL IS SUBJECT, HOWEVER, TO CERTAIN RESTRICTIONS, INCLUDING THE REQUIREMENT THAT THE SPONSOR INDICATE IN HIS APPLICATION THAT LIVING ACCOMMODATIONS ARE AVAILABLE FOR HIS DEPENDENTS AT THE HOME OF SUCH RELATIVE AND THAT THEY WILL CONTINUE TO RESIDE WITH SUCH RELATIVE UNTIL LOCAL HOUSING IS AVAILABLE WITHIN THE SPONSOR'S NORMAL HOUSING PRIORITY.

THE FILE SHOWS THAT YOUR APPLICATION WAS APPROVED WITH THE CONDITION THAT YOUR DEPENDENTS RESIDE WITH RELATIVES IN PORDENONE, ITALY, UNTIL YOU OBTAINED EITHER GOVERNMENT HOUSING OR HOUSING ON THE LOCAL ECONOMY. THEREFORE, IT IS OUR OPINION THAT THE ORDERS OF SEPTEMBER 9, 1968, PURPORTING TO DELETE THAT CONDITION AFTER YOUR DEPENDENTS HAD BEEN PROVIDED TRANSPORTATION TO YOUR STATION ON THE BASIS OF SUCH CONDITION, WERE WITHOUT EFFECT TO CHANGE THE BASIS UPON WHICH YOUR APPLICATION WAS APPROVED, NAMELY, THAT YOUR DEPENDENTS WERE REQUIRED TO RESIDE WITH THEIR RELATIVES UNTIL MORE PERMANENT LIVING QUARTERS WERE OBTAINED. ACCORDINGLY, THEY WERE NOT REQUIRED TO OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE WITHIN THE MEANING OF PARAGRAPH M4303, JOINT TRAVEL REGULATIONS, SO AS TO ENTITLE YOU TO TEMPORARY LODGING ALLOWANCE ON THEIR ACCOUNT.

WITH RESPECT TO YOUR ENTITLEMENT TO TEMPORARY LODGING ALLOWANCE FOR YOUR OWN OCCUPANCY OF HOTEL OR HOTEL-LIKE ACCOMMODATIONS FOR THE 60 DAY PERIOD FROM AUGUST 7 THROUGH OCTOBER 7, 1968, IT IS NOTED THAT YOU FURNISHED RECEIPTS SHOWING OCCUPANCY OF ACCOMMODATIONS AT A HOTEL IN PORDENONE, ITALY, THE TOWN IN WHICH YOUR DEPENDENTS WERE LOCATED THROUGH SEPTEMBER 14, 1968, ONLY. THE HOTEL RECEIPTS DO NOT SHOW THAT YOU ATE THERE AND YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT DURING THE PERIOD OF YOUR CLAIM YOU SUBSISTED AT PUBLIC RESTAURANTS, AS REQUIRED BY THE REGULATIONS CITED ABOVE. IT IS ASSUMED THAT MOST OF YOUR MEALS WERE EATEN WITH YOUR FAMILY AT THEIR PLACE OF RESIDENCE DURING THE PERIOD INVOLVED. IN THE ABSENCE OF RECEIPTS OR OTHER SATISFACTORY EVIDENCE SHOWING UTILIZATION OF HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS THROUGHOUT THE ENTIRE PERIOD OF YOUR CLAIM THERE IS NO BASIS UPON WHICH ANY PART OF YOUR CLAIM MAY BE ALLOWED.