B-110267, MAR. 13, 1956

B-110267: Mar 13, 1956

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INGALLS: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6. YOUR CLAIM WAS DENIED FOR THE REASONS STATED IN A PRIOR DECISION R 103602. YOU NOW REQUEST FURTHER CONSIDERATION OF YOUR CLAIM ON THE BASIS THAT LIEUTENANT COLONEL CAMERON AND OTHER OFFICERS "UNDER SIMILAR CIRCUMSTANCES DURING THE PERIOD OF THE ABOVE CLAIM HAVE SINCE RECEIVED FULL REIMBURSEMENT.'. YOU APPARENTLY HAVE REFERENCE TO THE ACT OF AUGUST 1. IT FOLLOWS THAT THE PRIOR ACTION TAKEN ON YOUR CLAIM WAS PROPER AND MUST BE AFFIRMED.

B-110267, MAR. 13, 1956

TO MR. L. G. INGALLS:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1956, REQUESTING FURTHER CONSIDERATION OF THE ACTION TAKEN IN OUR DECISION DATED JULY 18, 1952, B- 110267, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR STATION QUARTERS PER DIEM ALLOWANCE DURING THE PERIOD DECEMBER 7, 1948, TO DECEMBER 7, 1949, WHILE SERVING AS AN AIR FORCE OFFICER AT ELMENDORF AIR FORCE BASE, FORT RICHARDSON, ALASKA.

YOUR CLAIM WAS DENIED FOR THE REASONS STATED IN A PRIOR DECISION R 103602, DATED FEBRUARY 12, 1952, 31 COMP. GEN. 399, WHICH HAD DENIED THE SIMILAR CLAIM OF LIEUTENANT COLONEL ARTHUR T. CAMERON, USAF.

YOU NOW REQUEST FURTHER CONSIDERATION OF YOUR CLAIM ON THE BASIS THAT LIEUTENANT COLONEL CAMERON AND OTHER OFFICERS "UNDER SIMILAR CIRCUMSTANCES DURING THE PERIOD OF THE ABOVE CLAIM HAVE SINCE RECEIVED FULL REIMBURSEMENT.' YOU APPARENTLY HAVE REFERENCE TO THE ACT OF AUGUST 1, 1955, 69 STAT. 427, WHICH, INSOFAR AS HERE MATERIAL, VALIDATED 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 AUTHORIZED THE PAYMENT TO OFFICERS WHO HAD REPAID TO THE UNITED STATES AMOUNTS ERRONEOUSLY RECEIVED AS SUCH PER DIEM AT THAT STATION, TO THE EXTENT OF SUCH REPAYMENTS. THAT ACT, HOWEVER, DOES NOT AUTHORIZE 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. SEE B- 124007, AUGUST 15, 1955, 35 COMP. GEN. 995, COPY ENCLOSED.

IT FOLLOWS THAT THE PRIOR ACTION TAKEN ON YOUR CLAIM WAS PROPER AND MUST BE AFFIRMED.