B-116165, DEC 15, 1953

B-116165, DEC 15, 1953

PRECIS-UNAVAILABLE

MRS. BETTY R. FORBES:

REFERENCE IS MADE TO YOUR LETTERS OF JUNE 26 AND NOVEMBER 12, 1953, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF JUNE 17, 1953, WHICH DISALLOWED YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS IN YOUR OWN RIGHT FROM MARCH 4 TO JULY 9, 1952, AS AIRMAN SECOND CLASS, WHILE STATIONED AT RANDOLPH AIR FORCE BASE, RANDOLPH FIELD, TEXAS.

THE CLAIM WAS DISALLOWED FOR THE REASONS THAT NO PROPER EVIDENCE WAS PRESENTED TO ESTABLISH THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE, AND YOU VOLUNTARILY VACATED GOVERNMENT QUARTERS AND SECURED PERMISSION TO RESIDE OFF BASE FOR PERSONAL CONVENIENCE.

IN SUPPORT OF YOUR REQUEST FOR REVIEW YOU NOW HAVE PRESENTED AN UNDATED CERTIFICATE SIGNED BY MELVIN O. WEST, 1ST LT. USAF ASST. ADJ., AS FOLLOWS:

"IN ACCORDANCE WITH PAR 4A (5), AIR FORCE REGULATION 30-6, ADEQUATE GOVERNMENT QUARTERS, FAMILY TYPE, FOR BETTY R. FORBES, FORMERLY AIRMAN SECOND CLASS BETTY R. FORBES, AA 8,502,990, WERE NOT AVAILABLE DURING THE PERIOD OF 10 MARCH 1952 TO 9 JULY 1952 AT THIS INSTALLATION."

THIS CERTIFICATE SUGGESTS THAT GOVERNMENT QUARTERS FOR YOU AND YOUR HUSBAND (FAMILY TYPE) WERE NOT AVAILABLE, BUT THAT DOESN'T MEAN THAT GOVERNMENT QUARTERS FOR YOUR INDIVIDUAL USE WEREN'T AVAILABLE IF YOU DESIRED TO USE THEM.

IN ADDITION TO THE FACT THAT THE SAID CERTIFICATE IS NOT ACCEPTABLE TO THIS OFFICE BECAUSE IT DOES NOT DISCLOSE THAT IT WAS EXECUTED BY ORDER OF YOUR COMMANDING OFFICER, IT DOES NOT APPEAR THAT AT THE TIME OF ISSUANCE OF SPECIAL ORDERS NO. 55, PERMITTING YOU TO RATION SEPARATELY, IT WAS DETERMINED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU OR THAT YOUR DUTY ASSIGNMENT WAS SUCH AS TO MAKE THE FURNISHING OF SUCH QUARTERS IMPRACTICABLE. ON THE CONTRARY, IT APPEARS THAT YOU WERE PERMITTED BY PARAGRAPH 6 OF SUCH ORDERS TO RATION SEPARATELY FOR PERSONAL REASONS.

WHILE SPECIFIC PROVISION IS MADE IN SECTION 301(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, FOR THE PAYMENT OF BASIC ALLOWANCE FOR SUBSISTENCE TO ENLISTED PERSONS WHEN PERMISSION TO RATION SEPARATELY IS GRANTED, NO PROVISION IS MADE FOR THE PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS TO ENLISTED PERSONS WHO ARE PERMITTED TO RESIDE OFF BASE. UNDER A.F.R. 173-126-4 (MARCH 13, 1951), THE PAYMENT OF MONETARY ALLOWANCES IN LIEU OF QUARTERS TO ENLISTED MEMBERS OF THE UNIFORMED SERVICES IS CONTINGENT UPON A DETERMINATION THAT QUARTERS ARE NOT AVAILABLE OR THAT THE FURNISHING OF THE SAME IS IMPRACTICABLE. THE DETERMINATION OF THE COMMANDING OFFICER AS TO SUCH FACT IS CONCLUSIVE AND HIS AUTHORIZATION FOR PAYMENT OF BASIC QUARTERS WILL BE ISSUED CONTEMPORANEOUSLY AFTER SUCH DETERMINATION.

SPECIAL ORDERS NO. 55 OF MARCH 10, 1953, AUTHORIZED YOU TO RATION SEPARATELY UNTIL RELIEVED BY COMPETENT AUTHORITY, AND IT REASONABLY APPEARS THAT IF IT HAD BEEN DETERMINED AT THAT TIME THAT QUARTERS WERE NOT AVAILABLE FOR USE BY YOU, A PROVISION AUTHORIZING THE PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS WOULD HAVE BEEN INCLUDED IN THE SAID ORDER. WHILE YOUR MARRIAGE MAY FORM THE BASIS FOR YOUR COMMANDING OFFICER TO PERMIT YOU TO RATION SEPARATELY FROM YOUR ORGANIZATION, SUCH PERMISSION DOES NOT WARRANT A CONCLUSION BY THIS OFFICE THAT QUARTERS WERE NOT, IN FACT, AVAILABLE TO YOU IN YOUR CAPACITY AS AN ENLISTED MEMBER OF THE SERVICE.

THE SETTLEMENT OF JUNE 17, 1953, DISALLOWING YOUR CLAIM, IS SUSTAINED.