B-127079, APR. 23, 1956
Highlights
ARMY: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18. THE CLAIM WAS STATED TO COVER THE PERIOD FROM OCTOBER 15. IT IS INDICATED THAT THE PERIOD OF THE DUTY FOR WHICH YOU INTENDED TO MAKE CLAIM EXTENDED FROM NOVEMBER 26. WHILE YOU WERE STATIONED AT CAMP LOSEY. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN THE REGULATIONS. IT IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER. IT IS INDICATED IN YOUR LETTER THAT YOUR DEPENDENTS RESIDED IN HUMACAO. IS 74 MILES. IT IS UNDERSTOOD THAT CAMP LOSEY IS LOCATED IN THE IMMEDIATE VICINITY OF PONCE. IT IS EVIDENT. IS SUSTAINED.
B-127079, APR. 23, 1956
TO CANDIDO FELIX, JR., SP2, U.S. ARMY:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF DECEMBER 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY WITH DEPENDENTS WHILE STATIONED IN PUERTO RICO. THE CLAIM WAS STATED TO COVER THE PERIOD FROM OCTOBER 15, 1951, TO JANUARY 31, 1952. HOWEVER, IN CERTIFICATE OF THE PERSONNEL OFFICER AT CAMP LOSEY, PUERTO RICO, DATED APRIL 20, 1955, A COPY OF WHICH YOU FORWARDED, IT IS INDICATED THAT THE PERIOD OF THE DUTY FOR WHICH YOU INTENDED TO MAKE CLAIM EXTENDED FROM NOVEMBER 26, 1951, TO JANUARY 28, 1952, WHILE YOU WERE STATIONED AT CAMP LOSEY.
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 THE REGULATIONS, AS THEN IN EFFECT (PARAGRAPH 4301-2), AS BEING A MEMBER WHOSE DEPENDENTS "RESIDE WITH HIM AT OR 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. IT IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER; THEY MUST LIVE WITH HIM.
IT IS INDICATED IN YOUR LETTER THAT YOUR DEPENDENTS RESIDED IN HUMACAO, PUERTO RICO, DURING THE PERIOD COVERED BY YOUR CLAIM. THE OFFICIAL MILEAGE TABLES SHOW THAT THE DISTANCE FROM HUMACAO TO PONCE, PUERTO RICO, IS 74 MILES. IT IS UNDERSTOOD THAT CAMP LOSEY IS LOCATED IN THE IMMEDIATE VICINITY OF PONCE. IT IS EVIDENT, THEREFORE, THAT YOUR DEPENDENTS DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD AS CONTEMPLATED BY THE REGULATIONS AND THAT, THEREFORE, YOU MAY NOT BE CONSIDERED A MEMBER WITH DEPENDENTS FOR STATION ALLOWANCE PURPOSES. IT MUST BE CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF DECEMBER 12, 1955, IS SUSTAINED.