B-124707, JAN. 24, 1956

B-124707, JAN. 24, 1956

TO MASTER SERGEANT GEORGE M. CRESPE, RA 38312730:

REFERENCE IS MADE TO YOUR LETTER OF MAY 25, 1955, REQUESTING A REVIEW OF OUR SETTLEMENT OF MARCH 31, 1955, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF AMOUNTS EXPENDED FOR THE PURCHASE OF ELECTRICITY AND KEROSENE FOR USE IN QUARTERS FURNISHED BY THE IRANIAN GOVERNMENT DURING THE PERIOD FROM JULY 1950 TO AUGUST 1953 INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES MILITARY MISSION WITH THE IMPERIAL IRANIAN GENDARMERIE, TEHERAN, IRAN.

IN CONNECTION WITH YOUR ASSIGNMENT IN IRAN YOU WERE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF YOUR GRADE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY, AND IN ADDITION THE COMPENSATION AGREED UPON BY THE GOVERNMENTS OF THE UNITED STATES AND IRAN FOR PAYMENT BY THE IRANIAN GOVERNMENT TO MEMBERS OF THE MISSION WHICH, FOR ENLISTED PERSONNEL, WAS $225.40 PER MONTH. ALTHOUGH APPARENTLY NOT REQUIRED BY THE AGREEMENT BETWEEN THE TWO COUNTRIES, THE IRANIAN GOVERNMENT ALSO PAID A QUARTERS ALLOWANCE DIRECTLY TO THE LANDLORDS FOR QUARTERS RENTED FOR THE PERSONNEL OF THE MISSION, THE ALLOWANCE FOR THAT PURPOSE FOR ENLISTED PERSONNEL WITHOUT DEPENDENTS DURING THE PERIOD INVOLVED IN YOUR CLAIM BEING FIXED AT 3,000 IRANIAN RAILS PER MONTH. YOU HAVE INDICATED THAT SUCH ALLOWANCE MET ONLY A PORTION OF THE RENTAL COSTS OF YOUR QUARTERS AND THAT THE REQUIRED DIFFERENCE WAS PAID BY YOU FROM PERSONAL FUNDS. YOU HAVE FURNISHED INFORMATION TO SHOW THE EXPENDITURES OF ADDITIONAL SUMS FROM PERSONAL FUNDS TOTALING $924.33 FOR THE PURCHASE OF ELECTRICITY AND KEROSENE TO PROVIDE LIGHT AND HEAT FOR YOUR QUARTERS. YOUR CLAIM FOR REIMBURSEMENT FOR THESE EXPENDITURES IS ON THE BASIS THAT YOUR QUARTERS WERE CONSIDERED TO HAVE BEEN FURNISHED ON BEHALF OF THE UNITED STATES AND SO SHOULD BE PROVIDED WITH NECESSARY UTILITY SERVICES AT GOVERNMENT EXPENSE ON THE SAME BASIS THAT THEY WOULD BE PROVIDED WERE THE QUARTERS PUBLIC QUARTERS UNDER THE CONTROL OF THE DEPARTMENT OF THE ARMY.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS AS PROVIDED IN THAT SECTION, BUT THAT THE ALLOWANCE SHALL NOT ACCRUE TO MEMBERS ASSIGNED TO ADEQUATE GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES. IN CASES WHERE PERSONNEL HAVE BEEN FURNISHED QUARTERS BY FOREIGN GOVERNMENTS IN CONNECTION WITH THE PERFORMANCE OF THEIR ASSIGNED MILITARY DUTIES IT HAS BEEN CONSIDERED THAT THE QUARTERS WERE FURNISHED ON BEHALF OF THE GOVERNMENT AND THAT AS A CONSEQUENCE NO QUARTERS ALLOWANCE ACCRUED. COMP. GEN. 479.

SECTION 303B OF THE ACT, 63 STAT. 814, PROVIDES AUTHORITY FOR THE PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS ON DUTY OUTSIDE THE UNITED STATES FOR THE PURPOSE OF REIMBURSING THEM FOR THE ADDITIONAL LIVING EXPENSES ARISING BECAUSE OF THEIR FOREIGN ASSIGNMENTS. PARAGRAPH 4302 OF THE JOINT TRAVEL REGULATIONS PROVIDES, HOWEVER, THAT ACCREDITED MEMBERS OF MISSIONS WHO ARE RECEIVING ADDITIONAL PAY OR ALLOWANCES FROM FOREIGN GOVERNMENTS ARE NOT ENTITLED TO SUCH PER DIEM ALLOWANCES UNLESS BY A SPECIFIC AUTHORIZATION, IT APPARENTLY BEING CONSIDERED THAT THE PAY AND ALLOWANCES FROM THE FOREIGN GOVERNMENTS ALSO ARE FOR THE PURPOSE OF REIMBURSEMENT FOR THE ADDITIONAL LIVING EXPENSES ARISING BECAUSE OF THE FOREIGN ASSIGNMENTS, MAKING UNNECESSARY THE RECEIPT OF PER DIEM ALLOWANCES FOR THAT PURPOSE FROM OUR GOVERNMENT.

ASIDE FROM THE INCREASED COSTS OF THE FOREIGN DUTY ASSIGNMENTS, THE GOVERNMENT'S OBLIGATION TO PROVIDE QUARTERS FOR MILITARY PERSONNEL IS MET WHEN THEY ARE PAID THE BASIC ALLOWANCE FOR QUARTERS PROVIDED IN SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, OR WHEN THEY RECEIVE THE EQUIVALENT OF THAT BASIC ALLOWANCE, WHETHER IT IS IN THE FORM OF QUARTERS FURNISHED BY THE GOVERNMENT OR ON BEHALF OF THE GOVERNMENT. SIMILARLY, THE OBLIGATION IS MET IF AN EQUIVALENT ALLOWANCE IS FURNISHED ON BEHALF OF THE GOVERNMENT.

ACCOMPANYING YOUR CLAIM WAS A STATEMENT OF THE FISCAL OFFICER, HEADQUARTERS, UNITED STATES MILITARY MISSION WITH THE IMPERIAL IRANIAN GENDARMERIE, DATED SEPTEMBER 1, 1953, SETTING FORTH THE MARKET RATES FOR EXCHANGING DOLLARS FOR IRANIAN RAILS COVERING THE PERIOD FROM OCTOBER 1949 TO JANUARY 1952 ACCORDING TO THE "BEST ESTIMATE OF THE PERSONNEL OF THE MISSION," AND THE RATES FROM FEBRUARY 1952 TO AUGUST 1953, AS OBTAINED FROM RECORDS MAINTAINED BY THE DISBURSING OFFICER AT THE AMERICAN EMBASSY. COMPUTED ON THE BASIS OF THOSE RATES OF EXCHANGE, THE 3,000 RAILS PER MONTH ALLOWED ON THE RENTAL OF YOUR QUARTERS AMOUNTED TO AN EQUIVALENT OF $1,836.17 DURING THE PERIOD FROM JULY 1950 TO AUGUST 1953. AS AN ENLISTED MEMBER WITHOUT DEPENDENTS YOU WOULD HAVE BEEN ENTITLED DURING THAT PERIOD TO A BASIC ALLOWANCE FOR QUARTERS TOTALING $1,810.80. IT MUST BE CONSIDERED UNDER SUCH CIRCUMSTANCES THAT AN ALLOWANCE EQUIVALENT TO THE BASIC QUARTERS ALLOWANCE WAS FURNISHED TOWARD THE RENTAL OF YOUR QUARTERS ON BEHALF OF THE GOVERNMENT AND CONSEQUENTLY THAT NO BASIS EXISTS FOR CONSIDERING THE COSTS INVOLVED IN PROCURING ELECTRICITY AND KEROSENE FOR USE IN YOUR QUARTERS AS AN ADDITIONAL OBLIGATION OF THE GOVERNMENT. SUCH COSTS WOULD APPEAR RATHER TO BE IN THE NATURE OF ADDITIONAL LIVING EXPENSES ARISING BECAUSE OF THE FOREIGN DUTY ASSIGNMENT FOR WHICH YOU RECEIVE THE ADDITIONAL PAY FROM THE IRANIAN GOVERNMENT.