B-125212, DEC. 14, 1955

B-125212: Dec 14, 1955

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EMPIE: REFERENCE IS MADE TO YOUR LETTER OF JULY 15. AN EXCEPTION TO THE PAYMENT IN QUESTION WAS TAKEN BY OUR AUDIT DIVISION UNDER DATE OF SEPTEMBER 11. THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR USE AS AN OFFICER WITHOUT DEPENDENTS PRIOR TO THAT DATE. STATION QUARTERS PER DIEM ALLOWANCES WERE AUTHORIZED FOR MILITARY PERSONNEL UNDER THE PROVISIONS OF PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT ONLY FOR PERIODS WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE. IT APPEARS THAT PRIOR TO THAT DATE YOUR STATUS UNDER THOSE REGULATIONS WAS THAT OF A MEMBER WITHOUT DEPENDENTS FOR PURPOSES OF ENTITLEMENT TO STATION ALLOWANCES. SINCE GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR USE AS AN OFFICER WITHOUT DEPENDENTS.

B-125212, DEC. 14, 1955

TO MR. ROBERT Y. EMPIE:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1955, CONCERNING THE ACTION TAKEN IN OUR SETTLEMENT OF APRIL 23, 1954, IN WITHHOLDING THE SUM OF $30 FROM THE AMOUNT OTHERWISE FOUND DUE YOU AS ADDITIONAL UNIFORM ALLOWANCE INCIDENT TO YOUR SERVICE AS AN OFFICER OF THE U.S. AIR FORCE RESERVE, THAT SUM REPRESENTING A STATION QUARTERS ALLOWANCE OVERPAYMENT MADE TO YOU FOR THE PERIOD FEBRUARY 14 TO 25, 1952.

AN EXCEPTION TO THE PAYMENT IN QUESTION WAS TAKEN BY OUR AUDIT DIVISION UNDER DATE OF SEPTEMBER 11, 1953, FOR THE REASON THAT YOUR DEPENDENTS DID NOT ARRIVE AT YOUR OVERSEAS DUTY STATION UNTIL FEBRUARY 26, 1952, AND THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR USE AS AN OFFICER WITHOUT DEPENDENTS PRIOR TO THAT DATE.

STATION QUARTERS PER DIEM ALLOWANCES WERE AUTHORIZED FOR MILITARY PERSONNEL UNDER THE PROVISIONS OF PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT ONLY FOR PERIODS WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE. PARAGRAPH 4301-3 OF THE REGULATIONS PROVIDED THAT THE TERM "MEMBER WITHOUT DEPENDENTS" SHOULD INCLUDE A MEMBER WHOSE DEPENDENTS DO NOT RESIDE WITH HIM AT HIS FOREIGN DUTY STATION. INASMUCH AS YOUR DEPENDENTS DID NOT ARRIVE AT YOUR DUTY STATION UNTIL FEBRUARY 26, 1952, IT APPEARS THAT PRIOR TO THAT DATE YOUR STATUS UNDER THOSE REGULATIONS WAS THAT OF A MEMBER WITHOUT DEPENDENTS FOR PURPOSES OF ENTITLEMENT TO STATION ALLOWANCES. CONSEQUENTLY, SINCE GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR USE AS AN OFFICER WITHOUT DEPENDENTS, THERE WOULD APPEAR TO BE NO AUTHORITY FOR THE PAYMENT TO YOU OF STATION QUARTERS ALLOWANCE FOR THE PERIOD CLAIMED. ACCORDINGLY, THE SETTLEMENT OF APRIL 23, 1954, MUST BE SUSTAINED ON THE PRESENT RECORD.