B-124788, OCT. 26, 1955

B-124788: Oct 26, 1955

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DURING WHICH YOU WERE ASSIGNED TO DUTY AT AN OVERSEAS STATION. YOUR PAY RECORDS SHOW THAT YOU WERE CREDITED WITH A STATION PER DIEM ALLOWANCE AT THE RATE OF $9 PER DAY FOR THE PERIOD COVERED BY YOUR CLAIM. THAT THAT AMOUNT SUBSEQUENTLY WAS CHECKED AGAINST YOUR ACCOUNT. REGULATIONS PROMULGATED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS FOR HIMSELF OR FOR HIMSELF AND HIS DEPENDENTS. AT HIS NEW DUTY STATION AND WHO IS REQUIRED TO SECURE TEMPORARY LODGINGS FOR HIMSELF OR FOR HIMSELF AND/OR HIS DEPENDENTS. SUBJECT TO THE DEDUCTIONS PRESCRIBED IN PAR. 4254 WHEN GOVERNMENT MESS IS AVAILABLE FOR THE MEMBER OR FOR THE MEMBER AND HIS DEPENDENTS.

B-124788, OCT. 26, 1955

TO MAJOR JAMES C. RICHARDSON, U.S. ARMY:

YOUR LETTER OF JUNE 10, 1955, REQUESTS THE REVIEW OF SETTLEMENT DATED JUNE 2, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM ALLOWANCE FOR THE PERIOD NOVEMBER 25, 1953, TO JANUARY 8, 1954, DURING WHICH YOU WERE ASSIGNED TO DUTY AT AN OVERSEAS STATION.

IT APPEARS THAT YOU REPORTED FOR DUTY WITH THE 7964 ARMY UNIT, BASE SECTION, UNITED STATES ARMY EUROPE COMMUNICATIONS ZONE, APO 21, ON NOVEMBER 23 OR 24, 1953, FOLLOWING A DUTY ASSIGNMENT IN THE UNITED STATES AND THAT YOU REMAINED ASSIGNED TO THAT ORGANIZATION THROUGH THE PERIOD OF YOUR CLAIM. YOU STATE THAT YOU DEPARTED ON EMERGENCY LEAVE TO THE UNITED STATES ON NOVEMBER 24, 1953, AND RETURNED TO YOUR DUTY STATION ON JANUARY 16, 1954. YOUR PAY RECORDS SHOW THAT YOU WERE CREDITED WITH A STATION PER DIEM ALLOWANCE AT THE RATE OF $9 PER DAY FOR THE PERIOD COVERED BY YOUR CLAIM, A TOTAL OF 45 DAYS, IN THE SUM OF $405, AND THAT THAT AMOUNT SUBSEQUENTLY WAS CHECKED AGAINST YOUR ACCOUNT.

SECTION 303/B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE UNITED STATES, WHETHER OR NOT IN A TRAVEL STATUS, OR A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. REGULATIONS PROMULGATED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4303-2A OF THOSE REGULATIONS ON WHICH YOU APPARENTLY BASE YOUR CLAIM, PROVIDES IN PERTINENT PART AS FOLLOWS:

" * * * UPON INITIAL ASSIGNMENT TO A PERMANENT STATION OUTSIDE THE UNITED STATES AND UPON SUBSEQUENT TRANSFER FROM ONE PERMANENT STATION OUTSIDE THE UNITED STATES TO ANOTHER PERMANENT STATION OUTSIDE THE UNITED STATES REQUIRING A CHANGE IN RESIDENCE, A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS FOR HIMSELF OR FOR HIMSELF AND HIS DEPENDENTS, IF WITH DEPENDENTS, AT HIS NEW DUTY STATION AND WHO IS REQUIRED TO SECURE TEMPORARY LODGINGS FOR HIMSELF OR FOR HIMSELF AND/OR HIS DEPENDENTS, IF WITH DEPENDENTS, FOR ANY PERIOD DURING THE FIRST 45 DAYS AFTER ARRIVAL THEREAT SHALL BE ENTITLED TO A STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA, 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. * * *

THOSE PROVISIONS PROVIDE NO AUTHORITY FOR THE PAYMENT OF BENEFITS WHERE THERE HAS BEEN NO NECESSITY FOR SECURING TEMPORARY LODGINGS AT THE DUTY STATION.

ENTITLEMENT TO THE STATION PER DIEM ALLOWANCES PRESCRIBED GENERALLY BY THE JOINT TRAVEL REGULATIONS FOR DUTY OUTSIDE THE UNITED STATES IS SUBJECT TO THE LIMITATIONS CONTAINED IN PARAGRAPH 4305 OF THOSE REGULATIONS. SUBPARAGRAPH 2A2 OF THAT PARAGRAPH PROVIDES THAT STATION PER DIEM ALLOWANCE FOR SUBSISTENCE FOR A MEMBER WITHOUT DEPENDENTS (INCLUDING THOSE WHOSE DEPENDENTS DO NOT RESIDE AT OR IN THE VICINITY OF HIS DUTY STATION) SHALL NOT ACCRUE WHILE HE IS ,ON AUTHORIZED LEAVE OF ABSENCE WHEN SUCH LEAVE INVOLVES RETURN TO THE UNITED STATES.' SUBPARAGRAPH 2B PROVIDES THAT A MEMBER WITHOUT DEPENDENTS ENTITLED TO RECEIVE STATION PER DIEM ALLOWANCE FOR QUARTERS WHILE HIS PERMANENT STATION REMAINS UNCHANGED SHALL CONTINUE TO RECEIVE SUCH ALLOWANCE WHILE ABSENT FROM HIS STATION DUE TO SICKNESS OR WHILE ON AUTHORIZED LEAVE NOT IN EXCESS OF THE STATUTORY LEAVE LIMIT OR WHILE TRAVELING ON TEMPORARY DUTY. THE SITUATION ANTICIPATED IN THE LATTER PROVISION FOR THE CONTINUATION OF THE STATION PER DIEM ALLOWANCE FOR QUARTERS DURING PERIODS OF ABSENCE IS THAT INVOLVING MEMBERS WHO, DUE TO LACK OF GOVERNMENT QUARTERS AT THE PERMANENT STATION, ARE REQUIRED TO OBTAIN QUARTERS FROM OTHER SOURCES, THE CONTINUATION OF THE ALLOWANCE BEING AUTHORIZED UNDER THOSE CIRCUMSTANCES BECAUSE OF THE NECESSITY FOR THEM TO MAINTAIN THEIR PRIVATELY FINANCED QUARTERS DURING THEIR ABSENCE.

SINCE, AS AN OFFICER WITHOUT DEPENDENTS AT YOUR DUTY STATION, YOU WERE ON EMERGENCY LEAVE OF ABSENCE FROM THAT STATION DURING THE FIRST 45 DAYS AFTER ARRIVAL AT THAT STATION AND WERE NOT REQUIRED TO SECURE TEMPORARY LODGINGS AT THAT STATION, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM FOR STATION PER DIEM ALLOWANCE FOR QUARTERS UNDER THE QUOTED PROVISIONS OF PARAGRAPH 4303-2A OF THE JOINT TRAVEL STATION PER DIEM FOR SUBSISTENCE UNDER SUBPARAGRAPH 4305-2A2 OF THE REGULATIONS SINCE YOU WERE ON AUTHORIZED LEAVE OF ABSENCE INVOLVING RETURN TO THE UNITED STATES. ACCORDINGLY, THE SETTLEMENT OF JUNE 2, 1955, MUST BE AND IS SUSTAINED.