B-136327, JUL. 16, 1958

B-136327: Jul 16, 1958

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ATTORNEY AND COUNSELOR AT LAW: REFERENCE IS MADE TO A LETTER DATED APRIL 9. WHILE YOU WERE SERVING AS A LIEUTENANT. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 17. FOR THE REASON THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY AT PORT HUENEME ON JUNE 18. THERE WAS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU SUBSEQUENT TO JUNE 17. IT IS STATED IN THE LETTER OF APRIL 9. THAT THE QUARTERS ASSIGNED TO YOU UPON YOUR ARRIVAL AT PORT HUENEME LATER WERE DETERMINED TO BE INADEQUATE BY THE . OFFICER IN CHARGE" AND THE ASSIGNMENT WAS REVOKED AND THAT SUBSEQUENTLY WHEN YOU APPLIED TO THE SAME OFFICER FOR ASSIGNMENT OF YOUR QUARTERS.

B-136327, JUL. 16, 1958

TO MRS. EMILY ALEXANDER WHITE, C/O E. E. BLAKELY, ATTORNEY AND COUNSELOR AT LAW:

REFERENCE IS MADE TO A LETTER DATED APRIL 9, 1958, WRITTEN ON YOUR BEHALF BY YOUR ATTORNEY, E. E. BLAKELY, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS AS A SINGLE OFFICER WITHOUT DEPENDENTS, FOR THE PERIOD JUNE 18, 1952, THROUGH JULY 27, 1953, WHILE YOU WERE SERVING AS A LIEUTENANT, UNITED STATES NAVAL RESERVE, AT THE UNITED STATES NAVAL ADVANCED BASE SUPPLY DEPOT, CONSTRUCTION BATTALION CENTER, PORT HUENEME, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 17, 1956, FOR THE REASON THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY AT PORT HUENEME ON JUNE 18, 1952, AND THERE WAS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU SUBSEQUENT TO JUNE 17, 1952. IT IS STATED IN THE LETTER OF APRIL 9, 1958, THAT THE QUARTERS ASSIGNED TO YOU UPON YOUR ARRIVAL AT PORT HUENEME LATER WERE DETERMINED TO BE INADEQUATE BY THE ,OFFICER IN CHARGE" AND THE ASSIGNMENT WAS REVOKED AND THAT SUBSEQUENTLY WHEN YOU APPLIED TO THE SAME OFFICER FOR ASSIGNMENT OF YOUR QUARTERS, YOU WERE INFORMED VERBALLY THAT THERE WERE NO QUARTERS AVAILABLE FOR YOUR OCCUPANCY OTHER THAN THOSE WHICH HAD BEEN ASSIGNED TO YOU AND WHICH YOU ALREADY HAD DETERMINED WERE INADEQUATE. THE BASIS OF SUCH STATEMENT YOUR ATTORNEY CONCLUDES THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU.

BY THIRD ENDORSEMENT DATED APRIL 21, 1952, OF THE OFFICER IN CHARGE, UNITED STATES ADVANCED BASE SUPPLY DEPOT, CONSTRUCTION BATTALION CENTER, PORT HUENEME, CALIFORNIA, TO ORDERS DATED MARCH 14, 1952, WHICH ORDERS ASSIGNED YOU TO DUTY AT THAT STATION, YOU WERE ADVISED THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY. YOU STATE THAT YOU WERE ASSIGNED A ROOM IN BUILDING 15-23. IT APPEARS THAT YOU REFUSED TO OCCUPY THAT ROOM, ASSERTING IT TO BE INADEQUATE, AND THAT YOU RENTED PRIVATE QUARTERS. ON APRIL 22, 1952, YOU WERE ASSIGNED ANOTHER ROOM IN THE SAME BUILDING, WHICH ROOM YOU ALSO CLAIMED WAS INADEQUATE AND YOU CONTINUED TO LIVE IN PRIVATE QUARTERS UNTIL JULY 27, 1953, THE DATE OF YOUR RELEASE FROM ACTIVE DUTY. BY FOURTH ENDORSEMENT DATED JULY 16, 1952, OF THE OFFICER IN CHARGE, AT THE ADVANCED BASE SUPPLY DEPOT AT PORT HUENEME, TO THE ORDERS OF MARCH 14, 1952, THE THIRD ENDORSEMENT OF APRIL 21, 1952, WAS MODIFIED TO READ ,GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOU * * * FROM 21 APRIL 1952 TO 17 JUNE 1952.' THE FOURTH ENDORSEMENT ALSO RECITED THAT GOVERNMENT QUARTERS WERE MADE AVAILABLE FOR YOUR OCCUPANCY ON JUNE 18, 1952. ACCORDING TO A COPY OF A REPORT DATED DECEMBER 8, 1955, FROM THE COMMANDING OFFICER, UNITED STATES NAVAL CONSTRUCTION BATTALION CENTER AT PORT HUENEME, TO THE NAVY FINANCE CENTER, CLEVELAND, OHIO, SUCH MODIFICATION WAS MADE BECAUSE DAILY MAID SERVICE WAS NOT PROVIDED DURING THE PERIOD APRIL 21 TO JUNE 17, 1952. YOU HAVE RECEIVED PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THAT PERIOD.

CONTRARY TO THE BELIEF OF YOUR ATTORNEY, THE ASSIGNMENT OF QUARTERS TO YOU IN APRIL 1952 WAS NOT REVOKED AT ANY TIME. THE FOURTH ENDORSEMENT OF JULY 16, 1952, APPARENTLY WAS ISSUED BECAUSE IT WAS THOUGHT THAT THE LACK OF MAID SERVICE WAS A SUFFICIENT FACTOR TO SUPPORT A CONCLUSION THAT THE QUARTERS WERE INADEQUATE. THAT SITUATION WAS CORRECTED ON JUNE 18, 1952, AND THE FOURTH ENDORSEMENT STATED THAT GOVERNMENT QUARTERS WERE AVAILABLE ON THAT DATE. SUCH ENDORSEMENT DID NOT PURPORT TO CANCEL OR REVOKE THE PREVIOUS ASSIGNMENT AND, IN EFFECT, REAFFIRMED THAT ASSIGNMENT. APPARENTLY, YOU DID NOT REQUEST ASSIGNMENT OF OTHER QUARTERS TO YOU AFTER JUNE 18, 1952, AND YOUR REQUEST FOR SUCH ASSIGNMENT DATED APRIL 30, 1952, WAS ADDRESSED NOT TO THE OFFICER IN CHARGE AT THE ADVANCED BASE SUPPLY DEPOT, BUT TO THE COMMANDING OFFICER, CONSTRUCTION BATTALION CENTER, OF WHICH THE SUPPLY DEPOT APPEARS TO HAVE BEEN A PART. THATOFFICER'S REPLY FORWARDED TO YOU UNDER DATE OF MAY 6, 1952, INFORMED YOU THAT NO QUARTERS WERE AVAILABLE TO YOU OTHER THAN THE QUARTERS IN QUESTION. ALSO, YOUR CONTENTION WAS INVITED TO THE FACT THAT QUARTERS IN BUILDING 15-23 HAD BEEN OCCUPIED BY FEMALE OFFICERS SINCE IT WAS CONSTRUCTED AND THAT OFFICERS OF YOUR RANK THEN WERE OCCUPYING THE QUARTERS IN THAT BUILDING. THAT REPLY DID NOT REVOKE THE THEN EXISTING ASSIGNMENT OF QUARTERS TO YOU.

THE ASSIGNMENT OF PUBLIC QUARTERS IS NOT REQUIRED TO BE IN ANY PARTICULAR FORM AND ANY SETTING ASIDE OF SUCH QUARTERS FOR THE USE OF AN OFFICER OF WHICH HE WOULD BE INFORMED BY CASUAL INQUIRY IS A SUFFICIENT ASSIGNMENT. 6 COMP. GEN. 821, 823. IT IS APPARENT THAT THE QUARTERS ASSIGNED WERE NOT OCCUPIED BY YOU BECAUSE YOU DID NOT CONSIDER THEM TO BE ADEQUATE. HOWEVER, THE ADEQUACY OR INADEQUACY OF PUBLIC QUARTERS IS LARGELY A MATTER FOR ADMINISTRATIVE DETERMINATION. AFTER CAREFUL CONSIDERATION OF ALL THE FACTS INVOLVED, THE CHIEF OF NAVAL OPERATIONS BY LETTER DATED FEBRUARY 10, 1954, REFUSED YOUR REQUEST FOR AUTHORIZATION OF QUARTERS ALLOWANCE DURING THE PERIOD OF YOUR CLAIM BASED ON YOUR ALLEGATION OF INADEQUACY OF QUARTERS, AND THE RECORD BEFORE US FURNISHES NO BASIS FOR A CONCLUSION THAT THE ADMINISTRATIVE ACTION WAS ERRONEOUS. WHERE ADEQUATE PUBLIC QUARTERS ARE NOT OCCUPIED FOR PERSONAL REASONS NO AUTHORITY EXISTS FOR THE PAYMENT OF BASIC ..END :