B-124425, OCT. 25, 1955

B-124425, OCT. 25, 1955

TO MR. JOHN G. BEEN:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 12, 1955, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED DECEMBER 2, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL STATION PER DIEM BASED ON THE DIFFERENCE BETWEEN THE STATION PER DIEM RATE AND THE TRAVEL PER DIEM RATE FOR TWO SEPARATE PERIODS IN 1951, WHILE YOUR WERE SERVING IN FRANCE AS AN OFFICER IN THE ARMY.

BY TROOP MOVEMENT AND ASSIGNMENT ORDER NO. 2, HEADQUARTERS 7964TH AREA COMMAND, APO 58, U.S. ARMY, DATED MARCH 6, 1951, THE 525TH LABOR SUPERVISION COMPANY AND DETACHMENT "A," 4095TH LABOR SERVICE COMPANY, WAS RELIEVED FROM ASSIGNMENT TO CAPTIEUX DETACHMENT, CAPTIEUX, FRANCE, AND REASSIGNED TO THE 7964TH AREA COMMAND AT ST. JEAN D-ANGLEY WILL BE AT FONTENET AIR FIELD.' A CERTIFICATE EXECUTED A PERMANENT CHANGE OF STATION AND STATED THAT "HOUSING AT ST. JEAN D-ANGLEY WILL BE AT FONTENENT AIR FIELD.' A CERTIFICATE EXECUTED BY A LIEUTENANT RICHARD SHUE, INFANTRY, COMMANDING, 7927TH LABOR SUPERVISION DETACHMENT, CERTIFIED THAT YOU MADE THE MOVE WITH THE UNIT FROM CAPTIEUX, FRANCE, TO FONTENET, FRANCE. TROOP MOVEMENT AND ASSIGNMENT ORDER NO. 37, HEADQUARTERS BASE SECTION, EUCOM COMMUNICATION ZONE, APO 21, U.S. AND DET "A" 4095 LABOR SERVICE COMPANY WAS MOVED FROM FONTENET, FRANCE, TO VERDUN, FRANCE. THOSE ORDERS PROVIDED FOR A PERMANENT CHANGE OF STATION. ANOTHER CERTIFICATE EXECUTED BY LIEUTENANT SHUE VERIFIED THIS MOVE. IN YOUR LETTER OF MAY 12, 1955, YOU REFER TO SETTLEMENT DATED DECEMBER 2, 1954, AND YOU STATE "* * * IF YOU READ THE JOINT TRAVEL REGULATION OF THAT YEAR AND THAT AREA, YOU WILL FIND THAT WHEN A PERMANENT CHANGE OF STATION IS MADE IT ENTITLED ME TO STRAIT PER DIEM FOR THE FIRST FORTY FIVE DAYS OF EACH PCS.'

PRIOR TO THE JOINT TRAVEL REGULATIONS THERE WAS NO AUTHORITY FOR PAYMENT TO AN OFFICER OF A STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR A CERTAIN AREA FOR THE FIRST 45 DAYS AFTER ARRIVAL AT HIS FOREIGN DUTY STATION. THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, WAS APRIL 1, 1951, HENCE, YOUR RIGHTS, IF ANY, ACCRUED FROM APRIL 1, 1951. PARAGRAPH 4303, INSTRUCTION MEMORANDUM 1-1 TO THE JOINT TRAVEL REGULATIONS, DATED MARCH 2, 1951, AND EFFECTIVE FROM APRIL 1, 1951, THROUGH OCTOBER 31, 1951, PROVIDES AS FOLLOWS:

"* * * MEMBERS UPON INITIAL ASSIGNMENT TO AN OVERSEAS AREA, AND UPON SUBSEQUENT TRANSFER FROM ONE FOREIGN COUNTRY TO ANOTHER FOREIGN COUNTRY, WHO ARE NOT FURNISHED GOVERNMENT QUARTERS WILL BE ENTITLED TO A STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA FOR THE FIRST 45 DAYS, SUBJECT TO THE DEDUCTIONS PRESCRIBED IN PAR. 4254 WHEN GOVERNMENT MESS IS AVAILABLE FOR THE MEMBER OR FOR THE MEMBER AND HIS DEPENDENTS IF WITH DEPENDENTS. WHEN GOVERNMENT QUARTERS ARE FURNISHED OR PERMANENT HOUSING IS OBTAINED, THIS ALLOWANCE WILL BE REDUCED TO THE REGULAR STATION PER DIEM ALLOWANCE FOR THAT AREA, EVEN THOUGH THE INITIAL 45 DAYS MAY NOT HAVE ELAPSED. THE PERIOD OF 45 DAYS CONTEMPLATED BY THIS PARAGRAPH WILL BEGIN ON THE DAY FOLLOWING THE DAY OF ARRIVAL.'

THE PURPOSE OF THE QUOTED REGULATIONS IS TO REIMBURSE AN OFFICER FOR THE MORE THAN NORMAL EXPENSES FOR QUARTERS AND SUBSISTENCE WHICH REASONABLY WOULD BE INCURRED BY HIM WHILE SECURING PERMANENT LIVING ACCOMMODATIONS AT HIS NEW OVERSEAS STATION. SUCH REGULATIONS HAVE BEEN VIEWED AS ENTITLING A MEMBER UPON INITIAL ASSIGNMENT TO AN OVERSEAS AREA, OR UPON TRANSFER FROM ONE FOREIGN COUNTRY TO ANOTHER, TO PAYMENT OF THE HIGHER TRAVEL RATE FOR ANY PORTION OF THE FIRST 45 DAY PERIOD, PROVIDED GOVERNMENT QUARTERS ARE NOT FURNISHED OR PERMANENT HOUSING OBTAINED. SINCE THE REGULATIONS CLEARLY AUTHORIZE PAYMENT AT A HIGHER RATE UPON TRANSFER FROM "ONE FOREIGN COUNTRY TO ANOTHER FOREIGN COUNTRY," AND SINCE THE ORDERS OF MARCH 6, 1951, TRANSFERRED YOUR UNIT FROM CAPTIEUX, FRANCE, TO FONTENET, FRANCE, A STATION TRANSFER MADE WITHIN THE SAME FOREIGN COUNTRY, YOU WERE NOT ENTITLED TO THE HIGHER RATE FOR ANY PART OF THE 45-DAY PERIOD ACCRUING AFTER APRIL 1, 1951.

PARAGRAPH 4303 WAS FURTHER AMENDED BY INSTRUCTION MEMORANDUM 2-2, DATED NOVEMBER 1, 1951, EFFECTIVE THAT DATE, TO READ "UPON SUBSEQUENT TRANSFER FROM ONE FOREIGN DUTY STATION TO ANOTHER FOREIGN DUTY STATION.' UNDER THOSE REGULATIONS, THE INCIDENT TO YOUR TRANSFER FROM FONTENET, FRANCE, TO VERDUN, FRANCE, UNDER ORDERS DATED OCTOBER 17, 1951, YOU WERE ENTITLED TO THE HIGHER TRAVEL RATE FOR THAT PORTION OF THE 45-DAY PERIOD ACCRUING AFTER NOVEMBER 1, 1951, ONLY IF GOVERNMENT QUARTERS WERE NOT FURNISHED AND YOU HAD NOT OBTAINED "PERMANENT HOUSING.' YOU HAVE SUBMITTED NO ACCEPTABLE EVIDENCE (SEE PARAGRAPH 4306 OF THE REGULATIONS AUTHORIZING CREDITS OF SUCH ALLOWANCES WHEN SUBSTANTIATED BY ORDER OF THE COMMANDING OFFICER, OR OTHER APPROPRIATE OFFICER) SHOWING THAT DURING THE PERIOD COMMENCING NOVEMBER 1, 1951,"PERMANENT HOUSING" WAS NOT OBTAINED BY YOU AND HENCE, ON THE PRESENT RECORD, NO PAYMENT MAY BE MADE ON YOUR CLAIM. ACCORDINGLY, THE DISALLOWANCE OF DECEMBER 2, 1955, MUST BE SUSTAINED.