B-124007, AUGUST 15, 1955, 35 COMP. GEN. 95

B-124007: Aug 15, 1955

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PERSONNEL - PERFORMING DUTY IN ALASKA OFFICER WHO WAS PRECLUDED BY ADMINISTRATIVE REGULATION FROM RECEIVING STATION SUBSISTENCE PER DIEM FOR PERIOD FEBRUARY 1 TO JUNE 30. STATION PER DIEM ALLOWANCE IS NOT AUTHORIZED. 1955: REFERENCE IS MADE TO YOUR UNDATED COMMUNICATION FORWARDED BY INDORSEMENT OF THE FINANCE OFFICER. WHILE YOU WERE STATIONED AT ELMENDORF AIR FORCE BASE. OFFICERS PERFORMING DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA DURING THE PERIOD INVOLVED IN YOUR CLAIM WERE ENTITLED. TO A STATION SUBSISTENCE PER DIEM FOR ANY PERIOD DURING WHICH GOVERNMENT MESSES WERE AVAILABLE. ON THE BASIS OF THE EVIDENCE THAT WE WERE ABLE TO OBTAIN IN THE MATTER. THAT A GOVERNMENT MESS WAS AVAILABLE TO THE OFFICER PERSONNEL STATIONED THERE- - IT WAS HELD THAT NO AUTHORITY EXISTED FOR THE PAYMENT TO THOSE OFFICERS OF A STATION SUBSISTENCE PER DIEM. 31 COMP.

B-124007, AUGUST 15, 1955, 35 COMP. GEN. 95

PER DIEM STATION ALLOWANCE - MILITARY, NAVAL, ETC. PERSONNEL - PERFORMING DUTY IN ALASKA OFFICER WHO WAS PRECLUDED BY ADMINISTRATIVE REGULATION FROM RECEIVING STATION SUBSISTENCE PER DIEM FOR PERIOD FEBRUARY 1 TO JUNE 30, 1949, WHILE STATIONED AT ELMENDORF AIR FORCE BASE WHERE GOVERNMENT MESSES WHERE AVAILABLE DOES NOT COME WITHIN THE PURVIEW OF THE ACT OF AUGUST 15, 1955, WHICH VALIDATES CERTAIN UNAUTHORIZED STATION ALLOWANCES, AND IN THE ABSENCE OF AUTHORITY FOR ALLOWANCE PAYMENTS TO OFFICERS NOT PREVIOUSLY PAID, STATION PER DIEM ALLOWANCE IS NOT AUTHORIZED.

TO MAJOR WILLIAM J. SCOTT, AUGUST 15, 1955:

REFERENCE IS MADE TO YOUR UNDATED COMMUNICATION FORWARDED BY INDORSEMENT OF THE FINANCE OFFICER, 21ST FINANCE DISBURSING SECTION, APO 301, SAN FRANCISCO, CALIFORNIA, IN WHICH YOU REQUEST REVIEW OF SETTLEMENT DATED APRIL 16, 1952, WHICH DISALLOWED YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM COVERING THE PERIOD FEBRUARY 1 TO JUNE 30, 1949, WHILE YOU WERE STATIONED AT ELMENDORF AIR FORCE BASE, FORT RICHARDSON, ALASKA.

OFFICERS PERFORMING DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA DURING THE PERIOD INVOLVED IN YOUR CLAIM WERE ENTITLED, UNDER CONTROLLING ADMINISTRATIVE REGULATIONS, TO A STATION SUBSISTENCE PER DIEM FOR ANY PERIOD DURING WHICH GOVERNMENT MESSES WERE AVAILABLE. THE QUESTION OF AVAILABILITY OF GOVERNMENT MESSES TO OFFICERS STATIONED AT ELMENDORF AIR FORCE BASE AT THAT TIME RECEIVED CAREFUL CONSIDERATION HERE. ON THE BASIS OF THE EVIDENCE THAT WE WERE ABLE TO OBTAIN IN THE MATTER--- INCLUDING CONTEMPORANEOUS DETERMINATIONS BY OFFICERS IN COMMAND AT THAT STATION, ISSUED FOR THE EXPRESS PURPOSE OF FIXING RIGHTS TO STATION PER DIEM ALLOWANCES, THAT A GOVERNMENT MESS WAS AVAILABLE TO THE OFFICER PERSONNEL STATIONED THERE- - IT WAS HELD THAT NO AUTHORITY EXISTED FOR THE PAYMENT TO THOSE OFFICERS OF A STATION SUBSISTENCE PER DIEM. 31 COMP. GEN. 399. THE DISALLOWANCE OF YOUR CLAIM WAS CONSISTENT WITH THAT HOLDING.

YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM "IN VIEW OF RECENT FAVORABLE CONSIDERATION GIVEN TO CLAIMS FOR PAYMENT OF PER DIEM SUBSISTENCE ALLOWANCE.' IT IS ASSUMED THAT YOU REFER TO PROPOSED LEGISLATION DEALING WITH THE QUESTION. YOU ARE ADVISED IN THAT CONNECTION THAT PUBLIC LAW 197, 69 STAT. 427, APPROVED AUGUST 1, 1955, INSOFAR AS HERE MATERIAL, VALIDATES PAYMENTS OF STATION PER DIEM ALLOWANCES PREVIOUSLY MADE TO OFFICERS PERMANENTLY STATIONED AT FORT RICHARDSON OR ELMENDORF AIR FORCE BASE DURING THE PERIOD FROM JANUARY 31, 1949, TO OCTOBER 12, 1950, AND AUTHORIZES THE PAYMENT TO OFFICERS WHO HAVE REPAID TO THE UNITED STATES AMOUNTS ERRONEOUSLY RECEIVED AS PER DIEM AT THAT STATION TO THE EXTENT OF SUCH REPAYMENTS. THERE IS NOTHING IN THAT ACT, HOWEVER, OR ELSEWHERE, THAT AUTHORIZES PAYMENT OF THE ALLOWANCE TO OFFICERS NOT PREVIOUSLY PAID, THE PURPOSE OF THE LEGISLATION BEING ONLY TO PROVIDE RELIEF FROM LIABILITY FOR UNAUTHORIZED PAYMENTS PREVIOUSLY MADE.

THE DISALLOWANCE OF YOUR CLAIM WAS PROPER UNDER APPLICABLE LAW AND REGULATIONS. ACCORDINGLY, THE SETTLEMENT OF APRIL 16, 1952, IS SUSTAINED.