B-117862, MAY 10, 1954

B-117862, MAY 10, 1954

PRECIS-UNAVAILABLE

EMILIO G. OLASS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1953, ADDRESSED TO THE CHIEF OF NAVAL PERSONNEL, MAKING CLAIM FOR THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE DURING THE PERIOD OCTOBER 1, 1949, TO JANUARY 6, 1951, WHILE YOU WERE STATIONED AT THE U. S. NAVAL STATION, SANGLEY POINT, F. I. SINCE A SIMILAR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED SEPTEMBER 5, 1952 (TO WHICH REFERENCE IS MADE IN YOUR LETTER OF JULY 11, 1953), YOUR CLAIM WILL BE CONSIDERED A REQUEST FOR REVIEW OF THAT ACTION.

WITH YOUR ORIGINAL CLAIM THERE WAS SUBMITTED COMMANDING OFFICER'S LETTER DATED FEBRUARY 11, 1952, U. S. NAVAL STATION, SANGLEY POINT, P. I., ADDRESSED TO THE CHIEF OF NAVAL PERSONNEL, TO THE EFFECT THAT DURING THE PERIOD COVERED BY YOUR CLAIM GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOU AND YOUR DEPENDENTS. THE CHIEF OF NAVAL PERSONNEL RECOMMENDED APPROVAL OF YOUR CLAIM UNDER DATE OF FEBRUARY 27, 1952, IN ACCORDANCE WITH AMENDMENT NO. 23 TO SECNAV LETTER OF JULY 22, 1947, AS CONTAINED IN SECNAV LETTER OF MARCH 27, 1950 (SECNAV 50-241). PARAGRAPH 20 OF SAID LETTER OF JULY 22, 1947, AS ADDED BY AMENDMENT NO. 22 AND AMENDED BY PARAGRAPH (F) OF SAID AMENDMENT NO. 23 IS AS FOLLOWS:

"20 OFFICERS AND ENLISTED MEMBERS WHO ARE RECEIVING THE BASIC ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF REFERENCE (A) SHALL BE ENTITLED, IN ADDITION THERETO, TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE PROVIDED FOR OFFICERS IN LIEU OF THE STATION ALLOWANCE PROVIDED FOR ENLISTED PERSONNEL, PROVIDED, IN THE CASE OF MEMBERS WITH DEPENDENTS, THAT SUCH DEPENDENTS DO IN FACT RESIDE IN THE VICINITY OF THE MEMBERS' PERMANENT STATION. ***"

PARAGRAPHS 12 AND 13 OF THE LETTER OF JULY 22, 1947 (PUBLISHED IN APPENDIX C OF THE NAVY TRAVEL INSTRUCTIONS PROVIDE THAT AUTHORIZATIONS FOR THE PAYMENT OF STATION ALLOWANCES TO NAVAL PERSONNEL SHALL BE MADE EITHER BY THE CHIEF OF NAVAL PERSONNEL SHALL BE MADE BY THE CHIEF OF NAVAL PERSONNEL OR BY MONTHLY ORDER OF THE COMMANDING OFFICER OF THE ACTIVITY WHERE THE DUTY IS PERFORMED BEARING CERTIFICATION AS TO THE NON- AVAILABILITY OF GOVERNMENT MESS AND QUARTERS. SUCH REGULATIONS HAVE BEEN HELD TO CONTEMPLATE THE PAYMENT OF STATION PER DIEM ALLOWANCES ONLY WHERE SPECIFICALLY AUTHORIZED BY THE BUREAU OF NAVAL PERSONNEL IN ADVANCE OF THE PERIOD OF DUTY INVOLVED OR BY THE COMMANDING OFFICER OF THE ACTIVITY WHERE THE DUTY IS PERFORMED BASED ON HIS CONTEMPORANEOUS DETERMINATION THAT PAYMENT OF THE ALLOWANCES IS WARRANTED BY REASON OF THE CONDITIONS EXISTING AT THAT TIME. AMENDMENT 23 DID NOT CHANGE THE REQUIREMENT OF PARAGRAPHS 12 AND 13 IN ANY WAY. IT APPEARS CLEAR THAT THE COMMANDING OFFICER'S LETTER OF FEBRUARY 11, 1952, WAS NOT ISSUED CONTEMPORANEOUSLY WITH THE PERIOD OCTOBER 1, 1949 TO JANUARY 6, 1951, DURING WHICH THE DUTY WAS PERFORMED.

WITH RESPECT TO YOUR BELIEF THAT YOUR ORIGINAL CLAIM WAS ERRONEOUSLY FORWARDED TO THIS OFFICE FOR SETTLEMENT RATHER THAN TO THE CHIEF OF THE NAVAL PERSONNEL, PARAGRAPH 13(D) OF THE SECRETARY OF THE NAVY'S LETTER DATED JULY 22, 1947, PROVIDES THAT WHERE PERSONNEL HAVE LEFT AN OVERSEAS STATION PRIOR TO RECEIPT OF APPLICABLE STATION PER DIEM ALLOWANCES, CLAIM THEREFOR MAY BE SUBMITTED TO THE CHIEF OF NAVAL PERSONNEL FOR APPROVAL FOR PAYMENT. HOWEVER, SUCH PROVISIONS HAVE BEEN REGARDED AS BEING APPLICABLE ONLY TO THOSE SITUATIONS WHERE THE OTHER REQUIREMENTS OF PARAGRAPHS 12 AND 13 ARE NOT MET BECAUSE OF THE FACT THAT AN OFFICER OR ENLISTED MAN IS REQUIRED TO DEPART FROM THE FOREIGN STATION DURING THE NORMAL MONTHLY ACCRUAL PERIOD SET FORTH IN THE PROVISIONS OF SAID PARAGRAPHS 13(A) AND (B), OR BEFORE PAYMENT IS EFFECTED FOR THAT PERIOD IN THE NORMAL COURSE OF EVENTS, NEITHER OF WHICH CONDITIONS APPEARS TO HAVE EXISTED IN THIS CASE. THE LETTER OF FEBRUARY 27, 1952, WAS WITHOUT EFFECT TO CONFER A RIGHT TO STATION PER DIEM ALLOWANCE FOR QUARTERS FOR THE PERIOD OCTOBER 1, 1949, TO JANUARY 6, 1951.

IT APPEARING THAT PAYMENT OF THE ALLOWANCE IN QUESTION WAS NOT AUTHORIZED IN THE MANNER CONTEMPLATED BY APPLICABLE REGULATIONS, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 5, 1952, IS SUSTAINED.