B-119107, AUG 18, 1954

B-119107: Aug 18, 1954

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JOHN JOSEPH FUERTES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11. WHILE YOU WERE SERVING AS AN ENLISTED MAN. THAT THEREAFTER YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS AS AUTHORIZED UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949. BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.05 PER DAY ALSO WAS PAID TO YOU UNDER SECTION 301 OF THAT ACT 63 STAT. 812 DURING A PERIOD OF LEAVE FROM SEPTEMBER 24 TO OCTOBER 8. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES FOR DUTY IN FOREIGN COUNTRIES DURING THE PERIOD OF YOUR CLAIM WERE CONTAINED IN SPECIAL REGULATIONS 35-3080-1. PROVIDED THAT ENLISTED MEN WHO WERE RECEIVING AN ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949 63 STAT 812 "SHALL BE ENTITLED IN ADDITIONAL THERETO.

B-119107, AUG 18, 1954

PRECIS-UNAVAILABLE

MR. JOHN JOSEPH FUERTES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 11, 1954, RELATIVE TO SETTLEMENT OF DECEMBER 7, 1953, WHICH DISALLOWED THE SUBSISTENCE PORTION OF YOUR CLAIM FOR STATION PER DIEM ALLOWANCE DURING THE PERIOD SEPTEMBER 24, 1950, TO MARCH 31, 1951, WHILE YOU WERE SERVING AS AN ENLISTED MAN, REGULAR ARMY, IN THE FREE TERRITORY OF TRIESTE.

THE RECORD SHOWS THAT YOU MARRIED MARIA ANNA BENCI ON SEPTEMBER 24, 1950, AND THAT THEREAFTER YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS AS AUTHORIZED UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.S. 252. BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.05 PER DAY ALSO WAS PAID TO YOU UNDER SECTION 301 OF THAT ACT 63 STAT. 812 DURING A PERIOD OF LEAVE FROM SEPTEMBER 24 TO OCTOBER 8, 1950, AND ON AND AFTER DECEMBER 6, 1950, AUTHORITY TO MESS SEPARATELY HAVING BEEN GRANTED ON THE LATTER DATE.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES FOR DUTY IN FOREIGN COUNTRIES DURING THE PERIOD OF YOUR CLAIM WERE CONTAINED IN SPECIAL REGULATIONS 35-3080-1, PARAGRAPH 4A OF WHICH, AS AMENDED JUNE 30, 1950, PROVIDED THAT ENLISTED MEN WHO WERE RECEIVING AN ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949 63 STAT 812 "SHALL BE ENTITLED IN ADDITIONAL THERETO, TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE PROVIDED FOR OFFICERS" AND THAT "MEMBERS ARE ENTITLED TO THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE WHEN GOVERNMENT MEALS ARE NOT AVAILABLE IN THEIR OWN RIGHT, WITHOUT REGARD TO MARITAL STATUS." SINCE THE STATION QUARTERS PER DIEM RATE THEN PRESCRIBED FOR OFFICERS ON DUTY IN TRIESTE WAS $1 PER DAY (SEE SECTION II, SPECIAL REGULATIONS 35-3080-1), AND YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD OF YOUR CLAIM, YOU ARE ENTITLED TO STATION QUARTERS PER DIEM OF $1 PER DAY FOR THAT PERIOD.

AS TO THE SUBSISTENCE PORTION OF YOUR CLAIM, SUCH ALLOWANCE WAS PAYABLE UNDER THE REGULATIONS ONLY IF GOVERNMENT MEALS WERE NOT AVAILABLE TO YOU PERSONALLY AND SINCE IT IS UNDERSTOOD THAT GOVERNMENT MESSES WERE AVAILABLE FOR ALL ENLISTED PERSONNEL ON DUTY IN TRIESTE DURING THE PERIOD INVOLVED, THERE IS NO AUTHORITY FOR PAYMENT OF THAT PART OF YOUR CLAIM. POSSIBLY YOUR BELIEF THAT SUCH ALLOWANCE IS PAYABLE AT THE RATE OF $3 PER DAY IS BASED ON THE FACT THAT SUCH ALLOWANCE WAS PAID TO YOU AT THAT RATE ON AND AFTER APRIL 1, 1951. HOWEVER, SUCH PAYMENT WAS AUTHORIZED UNDER THE JOINT TRAVEL REGULATIONS EFFECTIVE APRIL 1, 1951, PARAGRAPH 4301-5 OF WHICH PROVIDED THAT A GOVERNMENT MESS SHOULD NOT BE REGARDED AS AVAILABLE FOR A MEMBER WITH DEPENDENTS RESIDING IN THE VICINITY OF HIS STATION UNLESS BOTH HE AND HIS DEPENDENTS ACTUALLY WERE SUBSISTED IN SUCH MESS. PRIOR TO THAT DATE MEMBERS WERE ENTITLED TO THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE ONLY WHEN GOVERNMENT MEALS WERE NOT AVAILABLE TO THEM IN THEIR OWN RIGHT, WITHOUT REGARD TO MARITAL STATUS.

A SETTLEMENT ALLOWING THE AMOUNT FOUND DUE FOR BASIC ALLOWANCE FOR QUARTERS WILL ISSUE IN DUE COURSE.