B-120700, JUL. 7, 1955

B-120700: Jul 7, 1955

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YOU WERE FULLY ADVISED OF THE REASONS FOR SUSTAINING THE SETTLEMENT OF MARCH 30. YOU WERE RESIDING IN A HOTEL IN GAINESVILLE. THAT GENERAL PERRINE'S ASSIGNMENT AT CAMP BLANDING WAS ONE OF AWAITING OVERSEAS ORDERS OR RETIREMENT. THAT FOR A PORTION OF THE PERIOD HE WAS "SICK IN QUARTERS.'. THESE MATTERS WERE THOROUGHLY CONSIDERED AT THE TIME OF OUR PRIOR DECISION. IT IS NOT CONTENDED THAT YOU PHYSICALLY OCCUPIED THE HOUSE WITH GENERAL PERRINE. YOU WERE ADVISED IN OUR DECISION OF JANUARY 12. - "THERE APPEARS TO BE NO QUESTION THAT YOUR HUSBAND WAS ASSIGNED THE QUARTERS DESCRIBED. THE REGULATIONS IN EFFECT AT THE TIME PROVIDED THAT AN OFFICER WHOSE DEPENDENTS DID NOT ACCOMPANY HIM WAS ALLOWED TO OCCUPY BUT ONE ROOM AND BATH.

B-120700, JUL. 7, 1955

TO MRS. HENRY P. PERRINE:

YOUR CLAIM FOR THE ARREARS OF RETIRED PAY DUE THE ESTATE OF YOUR LATE HUSBAND, HENRY P. PERRINE, BRIGADIER GENERAL, UNITED STATES ARMY, RETIRED, HAS AGAIN BEEN THOROUGHLY CONSIDERED, PURSUANT TO YOUR ORAL REQUESTS OF FEBRUARY 21 AND MARCH 14, 1955, AND YOUR LETTER OF JUNE 10, 1955.

BY OUR DECISIONS OF JANUARY 12, 1955, YOU WERE FULLY ADVISED OF THE REASONS FOR SUSTAINING THE SETTLEMENT OF MARCH 30, 1954, WITHHOLDING $399.80 RETIRED PAY DUE YOUR LATE HUSBAND FOR APPLICATION TO HIS INDEBTEDNESS TO THE UNITED STATES ARISING FROM THE PAYMENT TO HIM OF RENTAL ALLOWANCE FOR A PERIOD WHILE STATIONED AT CAMP BLANDING, FLORIDA.

YOU NOW SUGGEST THAT AN ERROR HAS BEEN MADE SINCE YOU AND THE CHILDREN DID NOT OCCUPY QUARTERS AT CAMP BLANDING; THAT, IN FACT, YOU WERE RESIDING IN A HOTEL IN GAINESVILLE, FLORIDA; THAT GENERAL PERRINE'S ASSIGNMENT AT CAMP BLANDING WAS ONE OF AWAITING OVERSEAS ORDERS OR RETIREMENT; AND THAT FOR A PORTION OF THE PERIOD HE WAS "SICK IN QUARTERS.' THESE MATTERS WERE THOROUGHLY CONSIDERED AT THE TIME OF OUR PRIOR DECISION, AND IT IS NOT CONTENDED THAT YOU PHYSICALLY OCCUPIED THE HOUSE WITH GENERAL PERRINE.

YOU WERE ADVISED IN OUR DECISION OF JANUARY 12, 1955---

"THERE APPEARS TO BE NO QUESTION THAT YOUR HUSBAND WAS ASSIGNED THE QUARTERS DESCRIBED. THE REGULATIONS IN EFFECT AT THE TIME PROVIDED THAT AN OFFICER WHOSE DEPENDENTS DID NOT ACCOMPANY HIM WAS ALLOWED TO OCCUPY BUT ONE ROOM AND BATH, NOT A HOUSE CONSISTING OF SIX ROOMS AND BATH AS WAS ASSIGNED TO YOUR HUSBAND.

"UNDER THE PROVISIONS OF PARAGRAPH 4 OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF MARCH 6, 1943, 57 STAT. 13, A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED COULD CERTIFY THAT QUARTERS ASSIGNED TO AN OFFICER WERE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR OCCUPANCY BY THE OFFICER AND HIS DEPENDENTS, IN WHICH EVENT THE OFFICER WOULD BE ENTITLED TO A RENTAL ALLOWANCE. HOWEVER, IN THE ABSENCE OF SUCH CERTIFICATION AND WHEN PUBLIC QUARTERS ACTUALLY WERE OCCUPIED, SUCH QUARTERS WERE PRESUMED TO BE ADEQUATE INSOFAR AS THE OFFICER'S RIGHT TO RENTAL ALLOWANCE IS CONCERNED.

"ON THE PRESENT RECORD, IT APPEARS THAT THE PAYMENT OF RENTAL ALLOWANCE TO YOUR LATE HUSBAND FOR THE PERIOD HERE INVOLVED WAS NOT PROPER AND IT FOLLOWS THAT THE WITHHOLDING OF HIS ACCRUED RETIRED PAY TO APPLY AGAINST SUCH OVERPAYMENT WAS REQUIRED.'

YOU HAVE PRESENTED NO NEW INFORMATION OR EVIDENCE AND THERE APPEARS NO BASIS FOR CHANGING THE CONCLUSION PREVIOUSLY REACHED IN THE MATTER.