B-122984, JUL. 5, 1955

B-122984: Jul 5, 1955

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M. KING: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 12. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 10. IT COULD NOT "BE CONSIDERED THAT GOVERNMENT QUARTERS NORMALLY AND USUALLY FURNISHED WERE NOT AVAILABLE SO AS TO ENTITLE YOU TO THE PAYMENT OF THE BASIC ALLOWANCE IN LIEU OF QUARTERS FOR THE PERIOD CLAIMED.'. - WERE SERVING AT SAMPSON AIR FORCE BASE. WHEN YOU WERE MARRIED ON MAY 31. YOU WERE GRANTED PERMISSION TO RESIDE OFF BASE. THERE WERE SUBMITTED WITH YOUR CLAIM (1) AN AFFIDAVIT EXECUTED MARCH 7. TO THE EFFECT THAT PERMISSION WAS GRANTED YOU TO RESIDE OFF BASE. CERTIFYING THAT "GOVERNMENT QUARTERS AND RATIONS WERE NOT AVAILABLE TO THE ABOVE NAMED PERSON (BESSIE K.

B-122984, JUL. 5, 1955

TO MRS. BESSIE K. M. KING:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 12, 1955, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS IN YOUR OWN RIGHT FOR THE PERIOD FROM MAY 31, 1951, TO DATE OF RELIEF FROM ACTIVE DUTY, FEBRUARY 29, 1952, AS SECOND LIEUTENANT, UNITED STATES AIR FORCE, AM- 2,214,421. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED APRIL 10, 1953, FOR THE REASON THAT, SINCE THE RECORDS INDICATE THAT YOU VOLUNTARILY VACATED THE WOMEN'S BARRACKS ON JUNE 1, 1955, TO RESIDE OFF THE BASE WITH YOUR HUSBAND, IT COULD NOT "BE CONSIDERED THAT GOVERNMENT QUARTERS NORMALLY AND USUALLY FURNISHED WERE NOT AVAILABLE SO AS TO ENTITLE YOU TO THE PAYMENT OF THE BASIC ALLOWANCE IN LIEU OF QUARTERS FOR THE PERIOD CLAIMED.'

IT APPEARS THAT BOTH YOU AND YOUR HUSBAND--- AN AIR FORCE OFFICER--- WERE SERVING AT SAMPSON AIR FORCE BASE, NEW YORK, WHEN YOU WERE MARRIED ON MAY 31, 1951, AND THAT, UPON YOUR RETURN TO DUTY ON JUNE 4, 1951, YOU WERE GRANTED PERMISSION TO RESIDE OFF BASE. THERE WERE SUBMITTED WITH YOUR CLAIM (1) AN AFFIDAVIT EXECUTED MARCH 7, 1952, BY YOUR SUPERIOR OFFICER, MAJOR ZITA L. MCCLOSKEY, USAF/APNC), 20910-W, TO THE EFFECT THAT PERMISSION WAS GRANTED YOU TO RESIDE OFF BASE; (2) SAMPSON AFB FORM 173-1, DATED APRIL 26, 1952, CERTIFYING THAT "GOVERNMENT QUARTERS AND RATIONS WERE NOT AVAILABLE TO THE ABOVE NAMED PERSON (BESSIE K. M. KING) WHILE AT SAMPSON AIR FORCE BASE, GENEVA, NEW YORK, FROM 1 JUNE 1951 TO 29 FEBRUARY 1952; " AND (3) A CERTIFICATE DATED APRIL 26, 1952, SIGNED BY THE BASE HOUSING OFFICER, STATING THAT YOU HAD APPLIED FOR QUARTERS BUT THAT NO QUARTERS WERE AVAILABLE FOR YOU FROM JUNE 1, 1951, TO FEBRUARY 29, 1952.

THE RECORDS IN YOUR CASE INDICATE THAT, PRIOR TO YOUR MARRIAGE, YOU WERE FURNISHED "SINGLE" QUARTERS IN THE WOMEN'S BARRACKS--- NO CREDIT FOR SINGLE BASIC ALLOWANCE FOR QUARTERS HAVING BEEN ENTERED ON YOUR PAY RECORD COVERING THAT PORTION OF YOUR SERVICE. THEREFORE, SINCE THE AFFIDAVIT AND CERTIFICATES REFERRED TO DO NOT STATE CATEGORICALLY THAT NO "SINGLE" QUARTERS WERE AVAILABLE FOR YOU, IT MUST BE UNDERSTOOD THAT THOSE DOCUMENTS HAVE REFERENCE TO THE NONAVAILABILITY OF QUARTERS FOR OFFICERS WITH DEPENDENTS.

NOTWITHSTANDING YOUR MARRIED STATUS, YOU ARE NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS UNLESS "SINGLE" QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU. SINCE, AT THE TIME OF YOUR MARRIAGE, YOU WERE OCCUPYING "SINGLE" QUARTERS--- AS TO WHICH NO FURTHER APPLICATION WAS NECESSARY--- IT MUST BE CONCLUDED THAT THE APPLICATION REFERRED TO IN THE CERTIFICATE BY CAPTAIN BLESSING WAS FOR QUARTERS FOR A MARRIED OFFICER. IT APPEARS FROM THE CERTIFICATE BY MAJOR MCCLOSKEY, SETTING OUT THE CIRCUMSTANCES UNDER WHICH YOU WERE AUTHORIZED TO RESIDE OFF THE BASE, THAT THIS PERMISSION WAS GRANTED SOLELY BECAUSE OF YOUR REQUEST THAT YOU BE PERMITTED TO DO SO BECAUSE OF YOUR MARRIAGE--- NO MENTION BEING MADE OF NONAVAILABILITY OF SINGLE QUARTERS.

IN ANY EVENT, SINCE NO ORDERS WERE ISSUED BY YOUR COMMANDING OFFICER EXPRESSLY AUTHORIZING YOU TO LIVE OFF THE BASE BECAUSE NO "SINGLE" QUARTERS WERE AVAILABLE FOR YOU, THERE IS NO LEGAL BASIS FOR ALLOWANCE OF YOUR CLAIM. CF. 32 COMP. GEN. 368; B-117710, DATED JUNE 11, 1954; AND B- 117879, DATED JUNE 14, 1954.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT. THAT ACTION IS SUSTAINED.