B-126704, MAR. 28, 1956

B-126704: Mar 28, 1956

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VARNER: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6. THE PER DIEM RATES CLAIMED FOR THAT PART OF THE PERIOD EXTENDING FROM OCTOBER 28 TO DECEMBER 9 WERE THOSE AUTHORIZED IN PARAGRAPH 4303-2 OF THE JOINT TRAVEL REGULATIONS FOR PAYMENT UPON INITIAL FOREIGN ASSIGNMENT OR TRANSFER OF FOREIGN DUTY ASSIGNMENTS REQUIRING A CHANGE IN RESIDENCE. YOU WERE RELIEVED FROM DUTY AT ATHENS. YOU WERE DIRECTED TO REPORT NOT LATER THAN OCTOBER 25. THE DATE YOU REPORTED AT CHATEAUROUX UNDER THOSE ORDERS IS NOT SHOWN ALTHOUGH NOTATION ON YOUR PAY RECORD INDICATES THAT YOU REPORTED ON OCTOBER 28. THE DATE OF YOUR RELIEF FROM THE ASSIGNMENT OF CHATEAUROUX IS NOW SHOWN. STATED THAT YOU WERE RELIEVED FROM ASSIGNMENT TO THAT UNIT AT THAT STATION IN CONNECTION WITH YOUR RETURN TO THE UNITED STATES.

B-126704, MAR. 28, 1956

TO MASTER SERGEANT PAUL J. VARNER:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 6, 1955, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 18, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM ALLOWANCES FOR QUARTERS AND SUBSISTENCE COVERING THE PERIOD FROM OCTOBER 28 TO DECEMBER 13, 1953, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES AIR FORCE WHILE STATIONED AT CHATEAUROUX, FRANCE. THE PER DIEM RATES CLAIMED FOR THAT PART OF THE PERIOD EXTENDING FROM OCTOBER 28 TO DECEMBER 9 WERE THOSE AUTHORIZED IN PARAGRAPH 4303-2 OF THE JOINT TRAVEL REGULATIONS FOR PAYMENT UPON INITIAL FOREIGN ASSIGNMENT OR TRANSFER OF FOREIGN DUTY ASSIGNMENTS REQUIRING A CHANGE IN RESIDENCE.

UNDER ORDERS OF 7300TH MATERIEL CONTROL SQUADRON (MDAP), USAFE, DATED OCTOBER 8, 1953, AS AMENDED, YOU WERE RELIEVED FROM DUTY AT ATHENS, GREECE, AND TRANSFERRED TO THE 7300TH MATERIEL CONTROL SQUADRON (MDAP) DETACHMENT 2, AT CHATEAUROUX, A PERMANENT CHANGE OF STATION. YOU WERE DIRECTED TO REPORT NOT LATER THAN OCTOBER 25, 1953. THE DATE YOU REPORTED AT CHATEAUROUX UNDER THOSE ORDERS IS NOT SHOWN ALTHOUGH NOTATION ON YOUR PAY RECORD INDICATES THAT YOU REPORTED ON OCTOBER 28, 1953. THE DATE OF YOUR RELIEF FROM THE ASSIGNMENT OF CHATEAUROUX IS NOW SHOWN. ORDERS OF 7300TH MATERIEL CONTROL SQUADRON (MDAP), USAFE, WIESBADEN, GERMANY, DATED DECEMBER 10, 1953, HOWEVER, STATED THAT YOU WERE RELIEVED FROM ASSIGNMENT TO THAT UNIT AT THAT STATION IN CONNECTION WITH YOUR RETURN TO THE UNITED STATES, AND IT IS NOTED THAT YOUR CLAIM WAS PREPARED AT WIESBADEN ON DECEMBER 14, 1953. ORDERS OF OCTOBER 31, 1953, ISSUED BY YOUR ASSIGNED ORGANIZATION AT CHATEAUROUX, PURPORT TO CONFIRM VERBAL ORDERS OF OCTOBER 26, 1953, STATING THAT YOU WERE AUTHORIZED TO MESS SEPARATELY AND RESIDE OFF THE BASE AND TO RECEIVE STATION PER DIEM ALLOWANCES AND SEPARATE RATIONS.

PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF STATION ALLOWANCES FOR QUARTERS AND SUBSISTENCE TO MILITARY PERSONNEL AT OVERSEAS DUTY STATIONS ONLY ON THE BASIS OF NONAVAILABILITY OF GOVERNMENT QUARTERS AND GOVERNMENT MESS, AND PARAGRAPH 4306 PROVIDES THAT PAYMENTS OF SUCH ALLOWANCES MUST BE SUPPORTED BY AN ORDER OF THE COMMANDING OFFICER OR OTHER APPROPRIATE OFFICER CONTAINING SUBSTANTIATING EVIDENCE INCLUDING, WITH REFERENCE TO ENLISTED PERSONNEL ACCOMPANIED BY DEPENDENTS, STATEMENTS AS TO WHETHER OR NOT A GOVERNMENT MESS WAS AVAILABLE AND INDICATION OF PERIODS OF NONAVAILABILITY OF GOVERNMENT QUARTERS FOR DEPENDENTS. YOUR CLAIM WAS DISALLOWED IN THE ABSENCE OF AN APPROPRIATE CERTIFICATION OF THE COMMANDING OFFICER OR OTHER PROPER OFFICIAL ISSUED UNDER THAT REQUIREMENT TO ESTABLISH THAT GOVERNMENT QUARTERS AND MESS WERE NOT AVAILABLE TO YOU AND YOUR WIFE.

BY LETTER OF AUGUST 12, 1955, TO THE COMMANDER, APO 10, NEW YORK, NEW YORK (CHATEAUROUX), YOU REQUESTED THAT THERE BE FURNISHED A CERTIFICATION CONCERNING "NON-AVAILABILITY OF SUITABLE GOVERNMENT QUARTERS FOR THE PERIOD BETWEEN 28 OCTOBER 1953 AND 23 NOVEMBER 1953," DURING WHICH PERIOD YOU STATED THAT YOU AND YOUR WIFE WERE REGISTERED AT THE FAISON HOTEL. ALSO, YOU REQUESTED CERTIFICATION THAT THE ALLOWANCE WAS PAID TO ALL AIRMEN AND OFFICERS WITH DEPENDENTS DURING THEIR FIRST 30 DAYS AT CHATEAUROUX, AND A STATEMENT AS TO "THE DATE THAT THE ST. CATHERINE HOTEL, WHICH WAS OPERATED BY THE US AIR FORCE, WAS OFFICIALLY CLOSED AND CONDEMNED AS NOT BEING SUITABLE GOVERNMENT QUARTERS.' IN A LETTER DATED SEPTEMBER 27, 1955, FROM THE CHIEF, HOUSING AND BILLETING BRANCH, HEADQUARTERS, CENTRAL AIR MATERIEL AREA, APO 10, IN REPLY TO YOUR REQUEST, IT WAS STATED THAT THE DATES OF YOUR STAY AT THE FAISON HOTEL WERE VERIFIED, AND ALSO THAT THE HOTEL STE. CATHERINE WAS USED AS TEMPORARY QUARTERS BY AIR FORCE PERSONNEL AND THAT NO OTHER GOVERNMENT QUARTERS WERE AVAILABLE AT THAT STATION FOR ENLISTED PERSONNEL WITH THEIR DEPENDENTS. NOTHING APPEARED IN THE LETTER TO INDICATE THAT THE HOTEL STE. CATHERINE HAD BEEN CLOSED OR CONDEMNED AS UNSUITABLE GOVERNMENT QUARTERS, AS YOU SUGGESTED, OR THAT IT WAS NOT AVAILABLE AND SUITABLE FOR OCCUPANCY BY YOU AND YOUR WIFE DURING THE PERIOD IN QUESTION. NO EVIDENCE HAS BEEN PRESENTED TO INDICATE THAT A GOVERNMENT MESS WAS NOT AVAILABLE. UNDER SUCH CIRCUMSTANCES, IT MUST BE CONCLUDED THAT NO PROPER BASIS EXISTS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE SETTLEMENT OF JULY 18, 1955, IS SUSTAINED.