B-125928, FEB. 24, 1956

B-125928: Feb 24, 1956

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ALLEN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8. IT WAS STATED IN THE SETTLEMENT THAT THE RECORD DISCLOSES THAT YOU WERE NOT DRAWING QUARTERS ALLOWANCE FOR DEPENDENTS DURING JULY 1950. IT APPEARED THAT YOU WERE OCCUPYING GOVERNMENT QUARTERS DURING THAT MONTH. YOU INDICATE THAT THE COPIES OF PAPERS YOU RETAINED DO NOT DISCLOSE YOU WERE NOT DRAWING A QUARTERS ALLOWANCE FOR DEPENDENTS. THE QUOTED PROVISION WAS SUSPENDED. SINCE YOU WERE AN ENLISTED MAN IN PAY GRADE E-4 (LESS THAN SEVEN YEARS' SERVICE). YOU WERE REGARDED AS A MEMBER WITHOUT DEPENDENTS. IS CONSISTENT WITH THOSE PROVISIONS AND SHOWS THAT YOU DID NOT RECEIVE A QUARTERS ALLOWANCE FOR DEPENDENTS FOR THAT MONTH. THE DEPARTMENT OF THE ARMY REPORTED THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR ENLISTED MEN WITHOUT DEPENDENTS IN TRIESTE AND THEREFORE YOU WERE NOT ENTITLED TO A QUARTERS ALLOWANCE IN YOUR OWN RIGHT.

B-125928, FEB. 24, 1956

TO MR. WILLIAM F. ALLEN:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8, 1955, REQUESTING REVIEW OF THAT PART OF OUR SETTLEMENT OF JUNE 9, 1953, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM QUARTERS ALLOWANCE FOR DEPENDENTS FOR THE PERIOD JULY 1 TO 31, 1950, WHILE ON DUTY IN TRIESTE, AS AN ENLISTED MAN, UNITED STATES ARMY.

IT WAS STATED IN THE SETTLEMENT THAT THE RECORD DISCLOSES THAT YOU WERE NOT DRAWING QUARTERS ALLOWANCE FOR DEPENDENTS DURING JULY 1950, AND, THEREFORE, IT APPEARED THAT YOU WERE OCCUPYING GOVERNMENT QUARTERS DURING THAT MONTH. YOU QUESTION THE CORRECTNESS OF THAT STATEMENT AND ASSERT THAT DURING THAT MONTH YOU OCCUPIED QUARTERS UNDER A PRIVATE RENTAL AGREEMENT, NOT GOVERNMENT QUARTERS. YOU INDICATE THAT THE COPIES OF PAPERS YOU RETAINED DO NOT DISCLOSE YOU WERE NOT DRAWING A QUARTERS ALLOWANCE FOR DEPENDENTS.

SECTION 302 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, IN MAKING A PROVISION FOR A BASIC ALLOWANCE FOR QUARTERS, FURTHER PROVIDES THAT "AN ENLISTED MEMBER IN PAY GRADE E-4 (LESS THAN SEVEN YEARS' SERVICE), E-3, E-2, AND E-1, SHALL BE CONSIDERED AT ALL TIMES AS A MEMBER WITHOUT DEPENDENTS FOR THE PURPOSES OF THIS SECTION.' THE QUOTED PROVISION WAS SUSPENDED, EFFECTIVE AUGUST 1, 1950, BY THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 795. THUS, PRIOR TO AUGUST 1, 1950, SINCE YOU WERE AN ENLISTED MAN IN PAY GRADE E-4 (LESS THAN SEVEN YEARS' SERVICE), YOU WERE REGARDED AS A MEMBER WITHOUT DEPENDENTS. YOUR PAY RECORD FOR JULY 1950, IS CONSISTENT WITH THOSE PROVISIONS AND SHOWS THAT YOU DID NOT RECEIVE A QUARTERS ALLOWANCE FOR DEPENDENTS FOR THAT MONTH. THE DEPARTMENT OF THE ARMY REPORTED THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR ENLISTED MEN WITHOUT DEPENDENTS IN TRIESTE AND THEREFORE YOU WERE NOT ENTITLED TO A QUARTERS ALLOWANCE IN YOUR OWN RIGHT.

SECTION 303 (B) OF THE SAID CAREER COMPENSATION ACT OF 1949, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING OF MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY EXPENSES. PURSUANT TO THAT PROVISION OF LAW THE SECRETARY OF THE ARMY BY WCL 36518, DATED AUGUST 3, 1950, ANNOUNCED THAT PARAGRAPH 4A, SPECIAL REGULATIONS 35-3080-1, DATED MAY 23, 1949, HAD BEEN CHANGED ON JUNE 30, 1950, TO PROVIDE THAT OFFICERS AND ENLISTED MEN WHO ARE RECEIVING AN ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, SHALL BE ENTITLED IN ADDITION THERETO TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE PROVIDED FOR OFFICERS.

ACCORDINGLY, WHILE YOU MAY NOT HAVE OCCUPIED GOVERNMENT QUARTERS DURING JULY 1950, IT SEEMS CLEAR THAT UNDER THE LAW YOU WERE NOT ENTITLED TO QUARTERS ALLOWANCES FOR THAT MONTH AND THEREFORE, YOU WERE NOT ENTITLED TO THE $1 PER DIEM CLAIMED ON ACCOUNT OF DEPENDENTS. THE SETTLEMENT OF JUNE 9, 1953, IS SUSTAINED.