B-125418, JAN. 12, 1956

B-125418: Jan 12, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

TO SERGEANT ANGEL PAGAN RIVERA: REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 15 AND OCTOBER 27. YOUR CLAIM WAS MADE ON THE BASIS THAT YOU WERE A MEMBER WITH DEPENDENTS BY VIRTUE OF YOUR DEPENDENT MOTHER WHO. NOTATION APPEARING ON YOUR PAY RECORDS SHOWS THAT THE DEPENDENCY OF YOUR MOTHER WAS ESTABLISHED NOVEMBER 13. HER ADDRESS IS SHOWN TO HAVE BEEN AT PONCE. SINCE YOU HAVE NOT GIVEN HER ADDRESS MORE SPECIFICALLY THAN PUERTO RICO IT IS ASSUMED THAT SHE RESIDED IN PONCE THROUGHOUT THE PERIOD INVOLVED. WHERE YOU WERE ASSIGNED THROUGH THE REMAINDER OF THE PERIOD HERE IN QUESTION. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4301-2 OF THE REGULATIONS.

B-125418, JAN. 12, 1956

TO SERGEANT ANGEL PAGAN RIVERA:

REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 15 AND OCTOBER 27, 1955, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT OF JUNE 17, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE COVERING THE PERIOD FROM MAY 4 TO NOVEMBER 13, 1951, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE U.S. ARMY IN PUERTO RICO.

YOUR CLAIM WAS MADE ON THE BASIS THAT YOU WERE A MEMBER WITH DEPENDENTS BY VIRTUE OF YOUR DEPENDENT MOTHER WHO, YOU STATE, LIVED IN PUERTO RICO DURING THE PERIOD CLAIMED. NOTATION APPEARING ON YOUR PAY RECORDS SHOWS THAT THE DEPENDENCY OF YOUR MOTHER WAS ESTABLISHED NOVEMBER 13, 1951, EFFECTIVE MAY 4, 1951, AND HER ADDRESS IS SHOWN TO HAVE BEEN AT PONCE, PUERTO RICO. SINCE YOU HAVE NOT GIVEN HER ADDRESS MORE SPECIFICALLY THAN PUERTO RICO IT IS ASSUMED THAT SHE RESIDED IN PONCE THROUGHOUT THE PERIOD INVOLVED. THE RECORDS SHOW THAT YOU REPORTED FOR DUTY AT FORT BUCHANAN, PUERTO RICO, ON MAY 4, 1951, AND AT CAMP TORTUGUERO, PUERTO RICO, ON MAY 15, 1951, AND THAT YOU RETURNED TO FORT BUCHANA ON SEPTEMBER 6, 1951, WHERE YOU WERE ASSIGNED THROUGH THE REMAINDER OF THE PERIOD HERE IN QUESTION.

REGULATIONS GOVERNING 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 THE RIGHT TO STATION ALLOWANCES, THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4301-2 OF THE REGULATIONS, AS THEN IN EFFECT, AS A MEMBER WHOSE DEPENDENTS ,RESIDE WITH HIM AT OR IN THE VICINITY OF HIS FOREIGN DUTY STATION.' SUCH PROVISION CONTEMPLATES THE SITUATION WHERE THE DEPENDENTS ACTUALLY RESIDE WITH THE MEMBER AS A PART OF HIS HOUSEHOLD.

SINCE THE OFFICIAL DISTANCE FROM PONCE, WHERE YOUR MOTHER APPARENTLY RESIDED DURING THE PERIOD INVOLVED, TO CAMP TORTUGUERO IS 57 MILES AND THE DISTANCE FROM PONCE TO FORT BUCHANAN IS APPROXIMATELY 80 MILES, IT IS EVIDENT THAT SHE DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD AS CONTEMPLATED IN THE REGULATIONS TO QUALIFY YOU AS A MEMBER WITH DEPENDENTS FOR STATION ALLOWANCE PURPOSES. IT IS CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS ON THE PRESENT RECORD FOR THE PAYMENT OF YOUR CLAIM FOR THE PERIOD FROM MAY 4 TO NOVEMBER 13, 1951, AND ITS DISALLOWANCE IN THE SETTLEMENT OF JUNE 17, 1955, IS SUSTAINED.