B-121121, OCT 1, 1954

B-121121: Oct 1, 1954

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USAFR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 15. YOU STATE THAT PERMANENT HOUSING FOR YOUR DEPENDENTS WAS NOT LOCATED AT YOUR NEW STATION UNTIL MAY 1. A MEMBER WHO WAS NOT FURNISHED GOVERNMENT QUARTERS SHOULD BE PAID STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA FOR THE FIRST 45 DAYS. THAT THE MEMBER SHOULD REVERT TO THE LESSER STATION RATE WHEN QUARTERS WERE FURNISHED OR PERMANENT HOUSING OBTAINED. YOU WERE ENTITLED TO PER DIEM AT THE TRAVEL RATE OF $10 IF GOVERNMENT QUARTERS WERE NOT FURNISHED. WHILE YOU SAY THAT GOVERNMENT QUARTERS WERE NOT PROVIDED AT YOUR NEW BASE. YOU HAVE SUBMITTED NO INFORMATION AS TO THE GOVERNMENT QUARTERS WHICH WERE AVAILABLE TO YOU PERSONALLY AND SINCE YOU DID NOT SUBMIT A STATEMENT OR ORDER FROM YOUR COMMANDING OFFICER OR OTHER APPROPRIATE OFFICER (REQUIRED BY PARAGRAPH 4306-10.

B-121121, OCT 1, 1954

PRECIS-UNAVAILABLE

CAPTAIN JOHN S. JENNESS, USAFR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 15, 1954, REQUESTING REVIEW OF THAT PART OF SETTLEMENT DATED JUNE 1, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL STATION PER DIEM BASED ON THE DIFFERENCE BETWEEN THE STATION RATE AND THE TRAVEL RATE, FOR THE PERIOD APRIL 5 TO MAY 1, 1952.

IT APPEARS THAT YOU PROCEEDED FROM MCANDREW AIR FORCE BASE, NEWFOUNDLAND, TO PEPPERRELL AIR FORCE BASE, NEWFOUNDLAND, ON APRIL 5, 1952, PURSUANT TO ORDERS OF MARCH 28, 1952, DIRECTING A PERMANENT CHANGE OF STATION TO THE LATTER PLACE, AND THAT YOUR DEPENDENTS PERFORMED THE SAME TRAVEL ON MAY 1, 1952. YOU STATE THAT PERMANENT HOUSING FOR YOUR DEPENDENTS WAS NOT LOCATED AT YOUR NEW STATION UNTIL MAY 1, 1952, AND THAT THEY REMAINED AT YOUR OLD STATION UNTIL THAT DATE.

PARAGRAPH 4303-2, INSTRUCTION MEMORANDUM 2-5, FEBRUARY 1, 1952, JOINT TRAVEL REGULATIONS, PROVIDED THAT UPON TRANSFER FROM ONE FOREIGN DUTY STATION TO ANOTHER REQUIRING A CHANGE OF RESIDENCE, A MEMBER WHO WAS NOT FURNISHED GOVERNMENT QUARTERS SHOULD BE PAID STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA FOR THE FIRST 45 DAYS, BUT THAT THE MEMBER SHOULD REVERT TO THE LESSER STATION RATE WHEN QUARTERS WERE FURNISHED OR PERMANENT HOUSING OBTAINED.

UNDER THOSE REGULATIONS, YOU WERE ENTITLED TO PER DIEM AT THE TRAVEL RATE OF $10 IF GOVERNMENT QUARTERS WERE NOT FURNISHED. WHILE YOU SAY THAT GOVERNMENT QUARTERS WERE NOT PROVIDED AT YOUR NEW BASE, YOU APPARENTLY REFER TO FAMILY QUARTERS. YOU HAVE SUBMITTED NO INFORMATION AS TO THE GOVERNMENT QUARTERS WHICH WERE AVAILABLE TO YOU PERSONALLY AND SINCE YOU DID NOT SUBMIT A STATEMENT OR ORDER FROM YOUR COMMANDING OFFICER OR OTHER APPROPRIATE OFFICER (REQUIRED BY PARAGRAPH 4306-10, JOINT TRAVEL REGULATIONS) AS TO THE AVAILABILITY OF GOVERNMENT QUARTERS, IT IS ASSUMED THAT BACHELOR OFFICER QUARTERS WERE AVAILABLE AND FURNISHED DURING THE PERIOD INVOLVED. IN SUCH CIRCUMSTANCES, NO RIGHT TO PER DIEM AT THE TRAVEL RATE ACCURED TO YOU. THE FACT THAT GOVERNMENT FAMILY QUARTERS WERE NOT AVAILABLE OR FURNISHED IS NOT MATERIAL, SINCE AN OFFICER WHOSE DEPENDENTS DO NOT RESIDE IN THE VICINITY OF HIS PERMANENT STATION IS IN THE SAME STATUS AS AN OFFICER WITHOUT DEPENDENTS SO FAR AS THE QUESTION OF AVAILABILITY OF GOVERNMENT QUARTERS IS CONCERNED. SEE PARAGRAPH 4301-4, JOINT TRAVEL REGULATIONS. YOUR DEPENDENTS DID NOT RESIDE AT YOUR NEW STATION DURING THE PERIOD OF YOUR CLAIM AND GOVERNMENT QUARTERS WERE APPARENTLY AVAILABLE FOR YOUR PERSONAL USE. THE REGULATIONS MAKE NO PROVISION FOR PAYMENT OF STATION PER DIEM AT THE TRAVEL RATE IN SUCH A CASE.

ACCORDINGLY, THE SETTLEMENT OF JUNE 1, 1954, IS SUSTAINED.