B-123962, MAR. 5, 1956

B-123962: Mar 5, 1956

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ELIEZER ORTIZ ESCOBAR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 7. WHILE YOU WERE UNDERGOING INDUCTEE TRAINING AS A MEMBER OF TRAINING COMPANY E. IT IS REPORTED THAT A GOVERNMENT MESS WAS AVAILABLE DURING THE PERIOD OF YOUR CLAIM. A STATION SUBSISTENCE PER DIEM ALLOWANCE WAS PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA IF A GOVERNMENT MESS WAS NOT AVAILABLE. PARAGRAPH 4301-2 AND 5 OF SUCH REGULATIONS PROVIDED THAT A GOVERNMENT MESS WAS NOT REGARDED AS BEING AVAILABLE TO A MEMBER WITH DEPENDENTS UNLESS THEY WERE ACTUALLY SUBSISTED IN SUCH MESS. A MEMBER WITH DEPENDENTS WAS DEFINED AS A MEMBER WHOSE DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF" HIS FOREIGN STATION.

B-123962, MAR. 5, 1956

TO MR. ELIEZER ORTIZ ESCOBAR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 7, 1955, AND SUBSEQUENT CORRESPONDENCE, RELATIVE TO SETTLEMENT OF FEBRUARY 24, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM ALLOWANCE DURING THE PERIOD APRIL 5 TO AUGUST 15, 1952, WHILE YOU WERE UNDERGOING INDUCTEE TRAINING AS A MEMBER OF TRAINING COMPANY E, 7504TH AU, REPLACEMENT TRAINING CENTER, CAMP TORTUGUERO, PUERTO RICO.

IT IS REPORTED THAT A GOVERNMENT MESS WAS AVAILABLE DURING THE PERIOD OF YOUR CLAIM. YOU STATE THAT YOUR WIFE LIVED AT YOUR HOME IN SANTURCE (LOCATED ABOUT 35 MILES FROM YOUR STATION) AND THAT YOU WENT THERE ON WEEKENDS AND HOLIDAYS.

UNDER THE PROVISIONS OF PARAGRAPH 4300, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME, A STATION SUBSISTENCE PER DIEM ALLOWANCE WAS PAYABLE TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA IF A GOVERNMENT MESS WAS NOT AVAILABLE. PARAGRAPH 4301-2 AND 5 OF SUCH REGULATIONS PROVIDED THAT A GOVERNMENT MESS WAS NOT REGARDED AS BEING AVAILABLE TO A MEMBER WITH DEPENDENTS UNLESS THEY WERE ACTUALLY SUBSISTED IN SUCH MESS, AND A MEMBER WITH DEPENDENTS WAS DEFINED AS A MEMBER WHOSE DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF" HIS FOREIGN STATION. SUCH REGULATIONS CONTEMPLATED A SITUATION WHERE THE DEPENDENTS ACTUALLY RESIDED WITH THE MEMBER.

SINCE YOUR DEPENDENT DID NOT RESIDE WITH YOU DURING THE PERIOD INVOLVED, YOU WERE A MEMBER WITHOUT DEPENDENTS WITHIN THE MEANING OF THE REGULATIONS, AND, SINCE A GOVERNMENT MESS WAS AVAILABLE, NO RIGHT TO STATION PER DIEM ALLOWANCE ACCRUED TO YOU. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 24, 1955, IS SUSTAINED.