B-110181, AUG. 31, 1955

B-110181: Aug 31, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHILE YOU WERE STATIONED AT ELMENDORF AIR FORCE BASE. WHICH WAS DISALLOWED IN SETTLEMENT DATED MAY 2. WAS REVIEWED AND YOU WERE ADVISED THAT FOR THE REASONS STATED IN DECISION OF FEBRUARY 19. THAT AVAILABLE EVIDENCE INDICATED THAT GOVERNMENT MESSES WERE AVAILABLE TO OFFICERS STATIONED AT THE ELMENDORF AIR FORCE BASE WITHIN THE CONTEMPLATION OF GOVERNING ADMINISTRATIVE REGULATIONS. AUTHORIZES THE PAYMENT TO OFFICERS WHO HAVE REPAID TO THE UNITED STATES AMOUNTS ERRONEOUSLY RECEIVED AS PER DIEM AT THOSE STATIONS TO THE EXTENT OF SUCH REPAYMENTS. THERE IS NOTHING IN THAT ACT. YOU ARE ADVISED.

B-110181, AUG. 31, 1955

TO COLONEL JOSEPH DE RITA:

YOUR LETTER OF MAY 3, 1955, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM ALLOWANCE FOR THE PERIOD FEBRUARY 1, 1949, TO JULY 20, 1950, WHILE YOU WERE STATIONED AT ELMENDORF AIR FORCE BASE, FORT RICHARDSON, ALASKA, WHICH WAS DISALLOWED IN SETTLEMENT DATED MAY 2, 1952.

IN OUR DECISION OF SEPTEMBER 22, 1952, B-110181, TO YOU, THE SETTLEMENT OF MAY 2, 1952, WAS REVIEWED AND YOU WERE ADVISED THAT FOR THE REASONS STATED IN DECISION OF FEBRUARY 19, 1952, B-103602 (31 COMP. GEN. 399/--- NAMELY, THAT AVAILABLE EVIDENCE INDICATED THAT GOVERNMENT MESSES WERE AVAILABLE TO OFFICERS STATIONED AT THE ELMENDORF AIR FORCE BASE WITHIN THE CONTEMPLATION OF GOVERNING ADMINISTRATIVE REGULATIONS--- NO AUTHORITY EXISTED FOR THE ALLOWANCE OF YOUR CLAIM. YOU REFER TO RECENT ACTION OF THE CONGRESS RELATIVE TO THE VALIDATION OF STATION PER DIEM ALLOWANCES AT FORT RICHARDSON AND ELMENDORF AIR FORCE BASE, IN ALASKA, AS THE BASIS FOR YOUR REQUEST FOR THE RECONSIDERATION OF YOUR CLAIM.

THE LEGISLATIVE ACTION TO WHICH YOU REFER (H.R. 3560 RATHER THAN H.R. 3561) RESULTED IN THE ENACTMENT OF PUBLIC LAW 197, APPROVED AUGUST 1, 1955. THAT ACT, INSOFAR AS HERE MATERIAL, VALIDATES PAYMENTS OF STATION PER DIEM ALLOWANCES PREVIOUSLY MADE TO OFFICERS PERMANENTLY STATIONED AT FORT RICHARDSON OR ELMENDORF AIR FORCE BASE DURING THE PERIOD FROM JANUARY 31, 1949, TO OCTOBER 12, 1950, AND AUTHORIZES THE PAYMENT TO OFFICERS WHO HAVE REPAID TO THE UNITED STATES AMOUNTS ERRONEOUSLY RECEIVED AS PER DIEM AT THOSE STATIONS TO THE EXTENT OF SUCH REPAYMENTS. THERE IS NOTHING IN THAT ACT, HOWEVER, OR ELSEWHERE, THAT AUTHORIZES PAYMENT OF THE ALLOWANCE TO OFFICERS NOT PREVIOUSLY PAID, THE PURPOSE OF THE LEGISLATION BEING ONLY TO PROVIDE RELIEF FROM LIABILITY FOR UNAUTHORIZED PAYMENTS PREVIOUSLY MADE. YOU ARE ADVISED, THEREFORE, THAT THE PROVISIONS OF THE CITED ACT OF AUGUST 1, 1955, AFFORD NO BASIS FOR A CHANGE IN THE CONCLUSION REACHED IN YOUR CASE.