B-155572, JUN. 9, 1965

B-155572, JUN. 9, 1965

TO MR. EUGENE R. THOMAS:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 13, 1965, WITH ENCLOSURES, CONCERNING YOUR CLAIM FOR STATION ALLOWANCES AND BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD JANUARY 9, 1963 TO JANUARY 31, 1964, WHILE YOU WERE ON DUTY AS A COMMISSIONED OFFICER OF THE U.S. AIR FORCE AT DONMUANG AIR BASE, THAILAND, INCIDENT TO ORDERS DATED DECEMBER 3, 1962. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 1, 1964, FOR THE REASON THAT THE RECORD SHOWED THAT QUARTERS, NOT DETERMINED AS INADEQUATE (SO AS TO BE CONSIDERED NONAVAILABLE AS BACHELOR OFFICER QUARTERS) WERE AVAILABLE FOR YOUR OCCUPANCY AND WOULD HAVE BEEN ASSIGNED TO YOU BUT FOR YOUR ELECTION TO LIVE OFF THE POST.

IN OUR DECISION OF DECEMBER 31, 1964, B-155572, TO YOU WE SET FORTH THE FACTS AND FULLY EXPLAINED THE LAW AND REGULATIONS APPLICABLE TO THE CLAIM AND CONCLUDED THAT THE SETTLEMENT WAS CORRECT AND MUST BE SUSTAINED. THE MATTER WAS RECONSIDERED IN OUR DECISIONS OF FEBRUARY 19 AND MARCH 10, 1965, B-155572, TO YOU AND WE CONCLUDED THAT OUR PRIOR ACTION IN THE MATTER WAS CORRECT AND MUST BE AFFIRMED.

WITH YOUR PRESENT LETTER YOU ENCLOSE AN EXTRACT COPY OF A LETTER TO YOU FROM COLONEL CHARLES H. CHRISTMAS, USAF, WHICH YOU SAY SUBSTANTIATES YOUR CONTENTION THAT THE QUARTERS WERE INADEQUATE, AND THEREFORE YOUR CLAIM SHOULD BE ALLOWED.

IT APPEARS FROM HIS LETTER THAT WHILE COLONEL CHRISTMAS STATES THAT QUARTERS WERE DECLARED INADEQUATE FOR TRANSIENT CREWS OF 315TH DIVISION AND THAT THE QUARTERS WERE SUBSEQUENTLY DETERMINED TO BE INADEQUATE FOR ALL PERSONNEL BY ANOTHER OFFICER, HE ACKNOWLEDGES THE FACT THAT QUARTERS AT DON MUANG AIR BASE WERE OCCUPIED BY YOUR FELLOW OFFICERS AND THAT THEY WERE BETTER THAN OTHER ACCOMMODATIONS ASSIGNED TO AND USED BY OTHER PERSONNEL THERE.

AS WE STATED IN OUR PREVIOUS DECISIONS TO YOU, UNDER THE REGULATIONS THE OFFICER CHARGED WITH THE RESPONSIBILITY OF MAKING DETERMINATIONS WITH RESPECT TO THE NONAVAILABILITY OF QUARTERS TO YOU REFUSED TO ISSUE A CERTIFICATE OF NONAVAILABILITY. THE FACT THAT THE QUARTERS WERE DECLARED INADEQUATE FOR TRANSIENT CREWS OF 315TH DIVISION WHO APPARENTLY WERE THERE ONLY TEMPORARILY OR BY SUBSEQUENT INSTALLATION COMMANDERS WHO HAD NO RESPONSIBILITY OR JURISDICTION DURING THE PERIOD OF YOUR CLAIM HAS NO BEARING ON YOUR CLAIM.

ACCORDINGLY, WHILE APPRECIATING YOUR FEELINGS, WE MUST AGAIN ADVISE YOU THAT THERE IS NO PROPER BASIS ON WHICH WE MAY ALLOW YOUR CLAIM AND THERE IS NO FURTHER ACTION WE MAY TAKE IN THE MATTER.