B-125461, JAN. 30, 1956

B-125461: Jan 30, 1956

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FAEHSE: REFERENCE IS MADE TO YOUR LETTER DATED JULY 31. WHILE YOU WERE SERVING AS AN ENLISTED MAN. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 8. OF OUR CLAIMS DIVISION FOR THE REASON THAT THERE WAS NOT ESTABLISHED THAT GOVERNMENT QUARTERS AND MESSES WERE NOT AVAILABLE TO YOU DURING THE PERIODS INVOLVED. YOU SAY THAT SUCH QUARTERS AND MESSES WERE NOT AVAILABLE FOR ENLISTED PERSONNEL WHO HAD THEIR FAMILIES WITH THEM IN TRIESTE. YOUR CLAIM FOR THE QUARTERS' PORTION OF THE STATION PER DIEM IS SIMILAR TO THAT CONSIDERED BY OUR DECISION OF OCTOBER 5. FOR THE REASONS STATED IN THAT DECISION THERE IS NO AUTHORITY FOR PAYMENT TO YOU OF STATION QUARTERS PER DIEM PRIOR TO JUNE 30. YOU ARE NOT ENTITLED TO SUCH ALLOWANCE FOR THE PERIOD JUNE 30 TO JULY 31.

B-125461, JAN. 30, 1956

TO SERGEANT ROBERT W. FAEHSE:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 31, 1955, CONCERNING YOUR CLAIM FOR STATION QUARTERS PER DIEM FROM MARCH 6, 1948, TO JULY 31, 1950, AND FOR STATION SUBSISTENCE PER DIEM FROM AUGUST 1, 1950, TO MARCH 31, 1951, WHILE YOU WERE SERVING AS AN ENLISTED MAN, UNITED STATES ARMY, IN THE FREE TERRITORY OF TRIESTE.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JULY 8, 1952, OF OUR CLAIMS DIVISION FOR THE REASON THAT THERE WAS NOT ESTABLISHED THAT GOVERNMENT QUARTERS AND MESSES WERE NOT AVAILABLE TO YOU DURING THE PERIODS INVOLVED. IN THE LETTER OF JULY 31, 1955, YOU SAY THAT SUCH QUARTERS AND MESSES WERE NOT AVAILABLE FOR ENLISTED PERSONNEL WHO HAD THEIR FAMILIES WITH THEM IN TRIESTE.

YOUR CLAIM FOR THE QUARTERS' PORTION OF THE STATION PER DIEM IS SIMILAR TO THAT CONSIDERED BY OUR DECISION OF OCTOBER 5, 1954, B 121174, 34 COMP. GEN. 154, TO MR. MORRIS W. DONALDSON, COPY ENCLOSED. FOR THE REASONS STATED IN THAT DECISION THERE IS NO AUTHORITY FOR PAYMENT TO YOU OF STATION QUARTERS PER DIEM PRIOR TO JUNE 30, 1950. LIKEWISE, YOU ARE NOT ENTITLED TO SUCH ALLOWANCE FOR THE PERIOD JUNE 30 TO JULY 31, 1950, SINCE THE RECORD SHOWS THAT YOUR PAY ACCOUNT WAS NOT CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, UNTIL ON AND AFTER AUGUST 1, 1950, THE DAY FOLLOWING THE DATE YOUR ,SAVED PAY" STATUS TERMINATED.

RESPECTING YOUR CLAIM FOR THE SUBSISTENCE PORTION OF THE STATION PER DIEM, PARAGRAPH 4A OF SPECIAL REGULATIONS 35-3080-1, AS AMENDED JUNE 30, 1950, REFERRED TO IN THE DECISION OF OCTOBER 5, 1954, PROVIDED THAT "MEMBERS ARE ENTITLED TO THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE WHEN GOVERNMENT MEALS ARE NOT AVAILABLE IN THEIR OWN RIGHT, WITHOUT REGARD TO MARITAL STATUS.' THUS, ENTITLEMENT TO THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE PRIOR TO APRIL 1, 1951, THE EFFECTIVE DATE OF THE JOINT TRAVEL REGULATIONS, WAS BASED ON THE NONAVAILABILITY OF GOVERNMENT MEALS TO THE ENLISTED MAN PERSONALLY, WITHOUT REGARD TO HIS MARITAL STATUS. IT IS UNDERSTOOD THAT GOVERNMENT MEALS WERE AVAILABLE FOR ALL ENLISTED PERSONNEL ON DUTY IN TRIESTE DURING THE PERIOD OF YOUR CLAIM. THOSE ENLISTED MEN WHO PREFERRED TO EAT THEIR MEALS IN PRIVATE QUARTERS WITH THEIR DEPENDENTS WERE PAID ONLY THE BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.05 PER DAY AUTHORIZED UNDER SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, IN THE CASE OF ENLISTED MEN GRANTED PERMISSION TO MESS SEPARATELY. SINCE YOUR PAY RECORD SHOWS THAT THE BASIC ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.05 PER DAY WAS PAID TO YOU DURING THE PERIOD AUGUST 1, 1950, TO MARCH 31, 1951, NO FURTHER SUM IS DUE YOU FOR SUBSISTENCE ALLOWANCE FOR THAT PERIOD.