B-123852, AUG. 12, 1955

B-123852: Aug 12, 1955

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IT IS RELATED THAT AFTER REPORTING FOR DUTY WITH THE UNITED STATES ARMY MISSION TO VENEZUELA. THAT HE AND HIS WIFE WERE UNABLE TO UTILIZE HIS QUARTERS FULLY UNTIL HIS HOUSEHOLD GOODS ARRIVED ON MARCH 2. THAT BECAUSE OF LACK OF FACILITIES FOR PREPARING MEALS IT WAS NECESSARY FOR THEM TO EAT TWO MEALS A DAY AT COMMERCIAL RESTAURANTS DURING THAT PERIOD. A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENTS AND WHO IS REQUIRED TO OBTAIN TEMPORARY LODGINGS. IT WAS HELD IN DECISION OF JULY 22. THE SITUATION IN THIS CASE IS ESSENTIALLY THE SAME AND IT IS CONCLUDED THAT SERGEANT DEBELLIS DID NOT OCCUPY PERMANENT HOUSING UNTIL HIS HOUSEHOLD GOODS ARRIVED FOR HIS USE IN HIS QUARTERS.

B-123852, AUG. 12, 1955

TO MAJOR E. M. DUNCAN, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT OF MAY 3, 1955, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF APRIL 5, 1955, WHICH REQUESTS AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE TO SERGEANT FIRST CLASS JOHN A. DEBELLIS, REGULAR ARMY, FOR THE PERIOD JANUARY 29 TO MARCH 2, 1955.

IT IS RELATED THAT AFTER REPORTING FOR DUTY WITH THE UNITED STATES ARMY MISSION TO VENEZUELA, CARACAS, VENEZUELA, ON JANUARY 26, 1955, SERGEANT DEBELLIS RENTED AND MOVED INTO AN UNFURNISHED APARTMENT ON JANUARY 29, 1955, WHICH BECAME HIS PERMANENT RESIDENCE, BUT THAT HE AND HIS WIFE WERE UNABLE TO UTILIZE HIS QUARTERS FULLY UNTIL HIS HOUSEHOLD GOODS ARRIVED ON MARCH 2, 1955, AND THAT BECAUSE OF LACK OF FACILITIES FOR PREPARING MEALS IT WAS NECESSARY FOR THEM TO EAT TWO MEALS A DAY AT COMMERCIAL RESTAURANTS DURING THAT PERIOD.

PARAGRAPH 4303-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT UPON ASSIGNMENT TO A PERMANENT STATION OUTSIDE THE UNITED STATES, A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENTS AND WHO IS REQUIRED TO OBTAIN TEMPORARY LODGINGS, SHALL BE ENTITLED TO PER DIEM AT THE TRAVEL RATE WHILE SUCH CONDITIONS PREVAIL NOT TO EXCEED THE FIRST 45 DAYS AFTER ARRIVAL AT HIS STATION.

IT WAS HELD IN DECISION OF JULY 22, 1952, B-109089, THAT DURING THE MONTH A MEMBER OCCUPIED A ROOM WITH HIS WIFE IN A HOUSE WITHOUT KITCHEN PRIVILEGES PRIOR TO TAKING OVER THE WHOLE HOUSE, HIS ACCOMMODATIONS COULD NOT BE REGARDED AS PERMANENT HOUSING WITHIN THE MEANING OF THE REGULATIONS. THE SITUATION IN THIS CASE IS ESSENTIALLY THE SAME AND IT IS CONCLUDED THAT SERGEANT DEBELLIS DID NOT OCCUPY PERMANENT HOUSING UNTIL HIS HOUSEHOLD GOODS ARRIVED FOR HIS USE IN HIS QUARTERS.

ACCORDINGLY, YOU ARE AUTHORIZED TO ADJUST HIS PAY RECORD ON THE BASIS OF THE TRAVEL PER DIEM RATE APPLICABLE AT CARACAS. THE MILITARY PAY ORDER ENCLOSED WITH YOUR LETTER IS RETURNED HEREWITH.