B-124359, NOV. 28, 1955

B-124359: Nov 28, 1955

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AS FOLLOWS: "* * * IF FURNISHED GOVERNMENT QUARTERS HE IS ENTITLED ONLY TO THE STATION PER DIEM ALLOWANCES FOR QUARTERS AND SUBSISTENCE AUTHORIZED GENERALLY FOR THE DUTY AREA * * *.'. HE IS ENTITLED. INASMUCH AS GOVERNMENT QUARTERS WERE UTILIZED BY COLONEL BAIRD AND HIS DEPENDENTS DURING THE PERIOD INVOLVED. - WHICH APPARENTLY WAS DURING HIS FIRST 45 DAYS AT ANKARA . - HE WAS NOT ENTITLED TO STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE. WHILE THE COMMANDER OF THE UNITED AIR FORCE GROUP AT ANKARA IS REPORTED TO HAVE MADE A DETERMINATION THAT THE GUEST HOUSE QUARTERS ARE INADEQUATE FOR OCCUPANCY BY MEMBERS WITH DEPENDENTS. THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE IS PROVIDED IN ORDER TO COVER THE EXPENSE THE OFFICER OR MAN INCURS IN PROVIDING QUARTERS FOR HIMSELF.

B-124359, NOV. 28, 1955

TO LIEUTENANT COLONEL C. T. HATHAWAY, F.C., DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

BY SEVENTH INDORSEMENT DATED JUNE 17, 1955, THE CHIEF OF FINANCE REFERRED HERE YOUR SIXTH INDORSEMENT OF MAY 17, 1955, FORWARDING FOR ADVANCE DECISION A CLAIM FOR THE QUARTERS PORTION OF STATION PER DIEM ALLOWANCE PRESENTED BY LIEUTENANT COLONEL GILBERT B. BAIRD, SIGNAL CORPS, COVERING THE PERIOD FROM FEBRUARY 17 TO 28, 1954, WHILE OCCUPYING GOVERNMENT QUARTERS (AIR FORCE GUEST HOUSE) AT ANKARA, TURKEY, AS A MEMBER OF UNITED STATES ARMY GROUP, JOINT AMERICAN MILITARY MISSION FOR AID TO TURKEY.

COLONEL BAIRD, IN HIS UNDATED FOURTH INDORSEMENT, BASES HIS CLAIM ON A STATEMENT APPEARING IN OUR DECISION OF JANUARY 12, 1955, B-121686, AS FOLLOWS:

"* * * IF FURNISHED GOVERNMENT QUARTERS HE IS ENTITLED ONLY TO THE STATION PER DIEM ALLOWANCES FOR QUARTERS AND SUBSISTENCE AUTHORIZED GENERALLY FOR THE DUTY AREA * * *.'

HE CONTENDS THAT SINCE HE HAS ALREADY BEEN PAID THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE, $3.95 PER DAY, FOR THE PERIOD COVERED BY HIS CLAIM, HE IS ENTITLED, ALSO, TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE AUTHORIZED FOR THAT AREA, OR $2.90 PER DAY ADDITIONAL, NOTWITHSTANDING HE AND HIS DEPENDENTS ACTUALLY OCCUPIED QUARTERS IN THE AIR FORCE GUEST HOUSE OPERATED BY THE AIR FORCE AT ANKARA, TURKEY, THROUGH THE USE OF APPROPRIATED FUNDS.

SUCH QUARTERS COME WITHIN THE DEFINITION OF GOVERNMENT QUARTERS IN PARAGRAPH 1150-5, JOINT TRAVEL REGULATIONS. INASMUCH AS GOVERNMENT QUARTERS WERE UTILIZED BY COLONEL BAIRD AND HIS DEPENDENTS DURING THE PERIOD INVOLVED--- WHICH APPARENTLY WAS DURING HIS FIRST 45 DAYS AT ANKARA --- HE WAS NOT ENTITLED TO STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE, BUT REVERTED TO THE STATION PER DIEM ALLOWANCES AS ELSEWHERE PROVIDED IN JOINT TRAVEL REGULATIONS.

WHILE THE COMMANDER OF THE UNITED AIR FORCE GROUP AT ANKARA IS REPORTED TO HAVE MADE A DETERMINATION THAT THE GUEST HOUSE QUARTERS ARE INADEQUATE FOR OCCUPANCY BY MEMBERS WITH DEPENDENTS, THE FACT REMAINS THAT THE CLAIMANT AND HIS DEPENDENTS ACTUALLY OCCUPIED THOSE QUARTERS DURING THE PERIOD INVOLVED. SEE PARAGRAPH 4301-4B, JOINT TRAVEL REGULATIONS.

LIKE BASIC ALLOWANCE FOR QUARTERS, THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE IS PROVIDED IN ORDER TO COVER THE EXPENSE THE OFFICER OR MAN INCURS IN PROVIDING QUARTERS FOR HIMSELF. WHEN A MEMBER OCCUPIES GOVERNMENT QUARTERS--- PAYING NO RENTAL CHARGE--- HE IS PUT TO NO RENTAL EXPENSE AND NEITHER BASIC ALLOWANCE FOR QUARTERS NOR THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE IS PAYABLE TO HIM. THE QUOTED LANGUAGE FROM THE DECISION OF JANUARY 12, 1955, WAS NOT INTENDED TO MEAN THAT QUARTERS IN KIND WILL BE FURNISHED AND, AT THE SAME TIME, THE ALLOWANCES IN LIEU OF SUCH QUARTERS WILL BE PAID IN ANY CASE CONTRARY TO THE INTENT AND PURPOSE OF THE PERTINENT STATUTE AND REGULATIONS.

SINCE THE OFFICER INVOLVED IN THIS CASE AND HIS DEPENDENTS WERE FURNISHED GOVERNMENT QUARTERS DURING THE PERIOD IN QUESTION, PAYMENT ON THE SUBMITTED DD FORM 117 OF THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE IS NOT AUTHORIZED. THE FORM 117 WILL BE RETAINED HERE.