B-125371, NOV. 17, 1955
Highlights
THE RECORDS SHOW THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING THE PERIOD IN QUESTION. SINCE AN ENLISTED MEMBER OF THE ARMED FORCES STATIONED OUTSIDE THE UNITED STATES WHO IS WITHOUT DEPENDENTS MAY BE PAID A STATION PER DIEM SUBSISTENCE ALLOWANCE ONLY IN THE EVENT A GOVERNMENT MESS IS NOT AVAILABLE TO HIM. IT IS ASSUMED THAT YOUR CLAIM IS ON THE BASIS THAT YOU WERE A MEMBER WITH DEPENDENTS AND SO ENTITLED TO THE STATION SUBSISTENCE PER DIEM ALLOWANCE AUTHORIZED FOR PERSONNEL IN THAT CATEGORY SERVING AT A STATION WHERE GOVERNMENT MESS WAS AVAILABLE. NOTATIONS ON YOUR PAY RECORDS SHOW THAT THE DEPENDENCY OF YOUR FATHER WAS ESTABLISHED FEBRUARY 1. HIS ADDRESS IS SHOWN TO HAVE BEEN NO. 52 ACUEDUCTO STREET.
B-125371, NOV. 17, 1955
TO MR. ANDRES TORRES SALDO:
YOUR LETTER OF AUGUST 11, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF JULY 19, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE COVERING THE PERIOD FEBRUARY 1 TO MAY 31, 1953, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY WHILE STATIONED AT CAMP TORTUGUERO, PUERTO RICO.
THE RECORDS SHOW THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING THE PERIOD IN QUESTION. SINCE AN ENLISTED MEMBER OF THE ARMED FORCES STATIONED OUTSIDE THE UNITED STATES WHO IS WITHOUT DEPENDENTS MAY BE PAID A STATION PER DIEM SUBSISTENCE ALLOWANCE ONLY IN THE EVENT A GOVERNMENT MESS IS NOT AVAILABLE TO HIM, IT IS ASSUMED THAT YOUR CLAIM IS ON THE BASIS THAT YOU WERE A MEMBER WITH DEPENDENTS AND SO ENTITLED TO THE STATION SUBSISTENCE PER DIEM ALLOWANCE AUTHORIZED FOR PERSONNEL IN THAT CATEGORY SERVING AT A STATION WHERE GOVERNMENT MESS WAS AVAILABLE. NOTATIONS ON YOUR PAY RECORDS SHOW THAT THE DEPENDENCY OF YOUR FATHER WAS ESTABLISHED FEBRUARY 1, 1954, EFFECTIVE JANUARY 2, 1953, AND HIS ADDRESS IS SHOWN TO HAVE BEEN NO. 52 ACUEDUCTO STREET, PONCE, PUERTO RICO. SINCE YOU DID NOT STATE IN YOUR CLAIM THAT HE LIVED ELSEWHERE, AND SINCE DEPENDENTS ORDINARILY ARE NOT AUTHORIZED TO ACCOMPANY ENLISTED PERSONNEL TO AN INITIAL RECRUIT TRAINING ASSIGNMENT SUCH AS THE ONE YOU APPARENTLY THEN WERE ENGAGED IN AT CAMP TORTUGUERO, PUERTO RICO, IT IS ASSUMED THAT HE RESIDED IN PONCE THROUGHOUT THE PERIOD COVERED BY YOUR CLAIM.
REGULATIONS COVERING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. AN ENLISTED MEMBER CLAIMING STATION ALLOWANCES ON THE BASIS OF DEPENDENCY MUST QUALIFY AS A MEMBER WITH DEPENDENTS WITHIN THE CONTEMPLATION OF THOSE REGULATIONS, FOR PURPOSES OF ESTABLISHING ENTITLEMENT TO STATION ALLOWANCES, AS REFERRING TO A MEMBER WHOSE DEPENDENTS "RESIDE AT OR IN THE VICINITY OF HIS DUTY STATION LOCATED OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA.' SINCE THE OFFICIAL DISTANCE BETWEEN CAMP TORTUGUERO, WHERE YOU WERE STATIONED, AND PONCE, WHERE YOUR DEPENDENT FATHER LIVED, HAS BEEN DETERMINED AS 57 MILES, IT MAY NOT BE CONSIDERED THAT HE RESIDED AT OR IN THE VICINITY AT CAMP TORTUGUERO, SUCH DISTANCE OBVIOUSLY EXCEEDING WHAT REASONABLY MIGHT BE CONSIDERED AS THE RADIUS OF THE AREA WITHIN THE VICINITY OF THAT STATION. IT MUST BE CONCLUDED, THEREFORE, THAT ON THE PRESENT RECORD YOUR STATUS DURING THE PERIOD IN QUESTION WAS THAT OF A MEMBER WITHOUT DEPENDENTS FOR PER DIEM PURPOSES AND, CONSEQUENTLY, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.