B-124844, JAN. 17, 1956

B-124844: Jan 17, 1956

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UNITED STATES ARMY: FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR THE REVIEW OF OUR SETTLEMENT OF MAY 6. NOTATIONS ON YOUR PAY RECORDS SHOW THAT YOU WERE STATIONED AT CAMP TORTUGUERO. THAT YOU WERE TRANSFERRED FROM THAT STATION TO FORT BUCHANAN. YOU LATER WERE TRANSFERRED TO CAMP LOSEY. IT APPEARS THAT GOVERNMENT MESSES WERE AVAILABLE TO YOU AT ALL TIMES DURING THE PERIOD IN QUESTION. IT WILL BE ASSUMED THAT YOUR STATEMENT REFERRED ONLY TO THE PERIOD FROM AUGUST 1. WHEN YOU WERE STATIONED AT CAMP LOSEY. IT IS CONCLUDED THAT YOU ARE ENTITLED UNDER THE PROVISIONS OF PARAGRAPHS 4300 AND 4301-2 OF THE JOINT TRAVEL REGULATIONS TO THE STATION PER DIEM SUBSISTENCE ALLOWANCE AUTHORIZED FOR ENLISTED PERSONNEL SERVING IN PUERTO RICO FOR THAT PERIOD.

B-124844, JAN. 17, 1956

TO TITO B. ZAYAS, SP-3, UNITED STATES ARMY:

FURTHER REFERENCE IS MADE TO YOUR REQUEST FOR THE REVIEW OF OUR SETTLEMENT OF MAY 6, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE AS AN ENLISTED MEMBER OF THE ARMY WITH DEPENDENTS COVERING THE PERIOD APRIL 1, 1951, TO JANUARY 31, 1952.

NOTATIONS ON YOUR PAY RECORDS SHOW THAT YOU WERE STATIONED AT CAMP TORTUGUERO, PUERTO RICO, ON APRIL 1, 1951, THE FIRST DAY OF YOUR CLAIM, AND THAT YOU WERE TRANSFERRED FROM THAT STATION TO FORT BUCHANAN, PUERTO RICO, WHERE YOU REPORTED ON JUNE 26, 1951. YOU LATER WERE TRANSFERRED TO CAMP LOSEY, PUERTO RICO, REPORTING THERE ON AUGUST 1, 1951, AND YOU REMAINED ASSIGNED TO DUTY AT THAT STATION THROUGH THE REMAINING PERIOD OF YOUR CLAIM. IT APPEARS THAT GOVERNMENT MESSES WERE AVAILABLE TO YOU AT ALL TIMES DURING THE PERIOD IN QUESTION. IN YOUR LETTER OF NOVEMBER 22, 1955, RESPONDING TO OUR INQUIRY OF NOVEMBER 3, 1955, AS TO WHETHER YOUR DEPENDENTS RESIDED WITH YOU AS A PART OF YOUR HOUSEHOLD DURING THE PERIOD OF YOUR CLAIM, YOU STATED THAT DURING THAT PERIOD YOU RESIDED OFF THE POST WITH YOUR WIFE AND MOTHER AT BO. VILLALBA ABAJO, VILLALBA, PUERTO RICO. SINCE THE INDICATED ADDRESS APPEARS TO BE SITUATED NEAR CAMP LOSEY, BUT AT A CONSIDERABLE DISTANCE FROM CAMP TORTUGUERO, AND FORT BUCHANAN, IT WILL BE ASSUMED THAT YOUR STATEMENT REFERRED ONLY TO THE PERIOD FROM AUGUST 1, 1951, TO JANUARY 31, 1952, WHEN YOU WERE STATIONED AT CAMP LOSEY, AND THAT YOUR DEPENDENTS DID NOT RESIDE WITH YOU DURING THE PERIOD FROM APRIL 1 TO JULY 31, 1951.

SINCE IT APPEARS THAT YOUR DEPENDENTS RESIDED WITH YOU AS A PART OF YOUR HOUSEHOLD DURING THE PERIOD FROM AUGUST 1, 1951, TO JANUARY 31, 1952, IT IS CONCLUDED THAT YOU ARE ENTITLED UNDER THE PROVISIONS OF PARAGRAPHS 4300 AND 4301-2 OF THE JOINT TRAVEL REGULATIONS TO THE STATION PER DIEM SUBSISTENCE ALLOWANCE AUTHORIZED FOR ENLISTED PERSONNEL SERVING IN PUERTO RICO FOR THAT PERIOD, LESS DEDUCTION FOR THE VALUE OF RATIONS AVAILABLE AT GOVERNMENT MESSES, THE PROVISIONS OF APPENDIX B OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT REQUIRING THAT ENLISTED MEN ENTITLED TO RECEIVE STATION SUBSISTENCE ALLOWANCES BE CHARGED THE RATION VALUE OF MEALS FURNISHED BY THE GOVERNMENT. SETTLEMENT OF YOUR CLAIM WILL BE MADE ON THAT BASIS IN DUE COURSE.