B-127165, MAY 15, 1956

B-127165: May 15, 1956

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BENEDICTO DELGADO RODRIGUEZ: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. IT APPEARS THAT YOU WERE PERFORMING DUTY UNDERGOING INDUCTEE TRAINING AT CAMP TORTUGUERO DURING THE PERIOD COVERED BY YOUR CLAIM. A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING THAT PERIOD AND YOU WERE NOT AUTHORIZED TO MESS SEPARATELY. YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER. YOUR CLAIM FOR THE STATION PER DIEM SUBSISTENCE ALLOWANCE WAS STATED ON THE BASIS THAT YOU WERE AN ENLISTED MEMBER WITH DEPENDENTS. FOR WHICH THE PER DIEM RATE PRESCRIBED IN THE JOINT TRAVEL REGULATIONS WAS $2.25. SUPPORT OF YOUR CLAIM THERE WAS SUBMITTED AN EXTRACT COPY OF SPECIAL ORDERS NO. 182. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

B-127165, MAY 15, 1956

TO MR. BENEDICTO DELGADO RODRIGUEZ:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 30, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD SEPTEMBER 4, 1952, TO JANUARY 28, 1953, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY WHILE STATIONED AT CAMP TORTUGUERO, PUERTO RICO.

IT APPEARS THAT YOU WERE PERFORMING DUTY UNDERGOING INDUCTEE TRAINING AT CAMP TORTUGUERO DURING THE PERIOD COVERED BY YOUR CLAIM. A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING THAT PERIOD AND YOU WERE NOT AUTHORIZED TO MESS SEPARATELY. YOU WERE PAID A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT MOTHER, AND YOUR CLAIM FOR THE STATION PER DIEM SUBSISTENCE ALLOWANCE WAS STATED ON THE BASIS THAT YOU WERE AN ENLISTED MEMBER WITH DEPENDENTS, WITH GOVERNMENT MESS AVAILABLE, FOR WHICH THE PER DIEM RATE PRESCRIBED IN THE JOINT TRAVEL REGULATIONS WAS $2.25. SUPPORT OF YOUR CLAIM THERE WAS SUBMITTED AN EXTRACT COPY OF SPECIAL ORDERS NO. 182, HEADQUARTERS, REPLACEMENT TRAINING CENTER, CAMP TORTUGUERO, DATED SEPTEMBER 2, 1954, PARAGRAPH 21 OF WHICH PURPORTED TO CONFIRM VERBAL ORDERS OF SEPTEMBER 4, 1952, AUTHORIZING THE PAYMENT TO YOU OF STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD SEPTEMBER 4, 1952, TO JANUARY 28, 1953.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. UNDER PARAGRAPH 4300 OF THOSE REGULATIONS, AS THEN IN EFFECT, ENLISTED MEMBERS WITHOUT DEPENDENTS WERE ENTITLED TO A STATION SUBSISTENCE PER DIEM ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE. UNDER PARAGRAPH 4301-2 OF THE REGULATIONS AN ENLISTED MAN ON DUTY OUTSIDE THE UNITED STATES WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM PURPOSES UNLESS HIS DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION.' TO BE ENTITLED TO THE ALLOWANCE CLAIMED, THEREFORE, IT WOULD HAVE BEEN NECESSARY THAT YOUR DEPENDENT MOTHER ACTUALLY LIVE WITH YOU AT OR NEAR YOUR DUTY STATION. YOU DID NOT CONTEND, HOWEVER, THAT YOUR MOTHER LIVED WITH YOU DURING THE PERIOD COVERED BY YOUR CLAIM, AND SINCE DEPENDENTS ORDINARILY ARE NOT AUTHORIZED TO ACCOMPANY ENLISTED PERSONNEL TO AN INITIAL RECRUIT TRAINING ASSIGNMENT SUCH AS THE ONE YOU WERE ENGAGED IN AT CAMP TORTUGUERO, IT MUST BE ASSUMED THAT SHE DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS. YOUR STATUS, THEREFORE, INSOFAR AS YOUR RIGHT TO THE ALLOWANCE CLAIMED IS CONCERNED, WAS THAT OF AN ENLISTED MEMBER WITHOUT DEPENDENTS. CONSEQUENTLY, SINCE GOVERNMENT MESS WAS AVAILABLE TO YOU, YOU ARE NOT ENTITLED TO A STATION SUBSISTENCE PER DIEM UNDER THE REGULATIONS. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF MARCH 30, 1955, IS SUSTAINED.

WITH REFERENCE TO YOUR ASSERTION THAT ALL OF YOUR FRIENDS SIMILARLY SITUATED HAVE RECEIVED THEIR SUBSISTENCE ALLOWANCES YOU ARE ADVISED THAT IF ANY OF THEM RECEIVED STATION PER DIEM SUBSISTENCE ALLOWANCE PAYMENTS BECAUSE OF DEPENDENTS WHO DID NOT ACTUALLY RESIDE WITH THEM AT OR IN THE VICINITY OF THEIR DUTY STATIONS SUCH PAYMENTS WERE CLEARLY ERRONEOUS AND COULD NOT SERVE AS A PRECEDENT FOR THE PAYMENT OF YOUR CLAIM.

THE SWORN STATEMENT FORWARDED BY YOU FOR CONSIDERATION IS RETURNED AS REQUESTED.