B-127326, MAY 10, 1956

B-127326: May 10, 1956

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VICENTE QUINONES BORRERO: REFERENCE IS MADE TO YOUR LETTER OF MARCH 6. OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH ALLOWANCE AS A MEMBER WITHOUT DEPENDENTS COULD NOT BE ALLOWED SINCE ENLISTED MEMBERS WITHOUT DEPENDENTS ARE ENTITLED TO SUCH ALLOWANCE ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE AND THE RECORD SHOWED THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU. YOU WERE ALSO ADVISED THAT YOUR CLAIM FOR SUCH ALLOWANCE AS A MEMBER WITH DEPENDENTS COULD NOT BE ALLOWED FOR THE REASON THAT YOUR DEPENDENTS DID NOT RESIDE WITH YOU AT OR NEAR YOUR DUTY STATIONS IN PUERTO RICO. REQUESTS RECONSIDERATION OF THE DISALLOWANCE ON THE BASIS THAT YOU HAVE ALWAYS RESIDED WITH YOUR PARENTS.

B-127326, MAY 10, 1956

TO MR. VICENTE QUINONES BORRERO:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 6, 1956, CONCERNING YOUR CLAIM FOR STATION SUBSISTENCE PER DIEM ALLOWANCE FOR THE PERIOD SEPTEMBER 25, 1952, THROUGH FEBRUARY 28, 1953, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE ARMY OF THE UNITED STATES WHILE STATIONED AT FORT BUCHANAN AND FORT TORTUGUERO, PUERTO RICO.

BY SETTLEMENT DATED FEBRUARY 16, 1956, OF OUR CLAIMS DIVISION YOU WERE ADVISED THAT YOUR CLAIM FOR SUCH ALLOWANCE AS A MEMBER WITHOUT DEPENDENTS COULD NOT BE ALLOWED SINCE ENLISTED MEMBERS WITHOUT DEPENDENTS ARE ENTITLED TO SUCH ALLOWANCE ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE AND THE RECORD SHOWED THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU. YOU WERE ALSO ADVISED THAT YOUR CLAIM FOR SUCH ALLOWANCE AS A MEMBER WITH DEPENDENTS COULD NOT BE ALLOWED FOR THE REASON THAT YOUR DEPENDENTS DID NOT RESIDE WITH YOU AT OR NEAR YOUR DUTY STATIONS IN PUERTO RICO. YOUR LETTER OF MARCH 6, 1956, REQUESTS RECONSIDERATION OF THE DISALLOWANCE ON THE BASIS THAT YOU HAVE ALWAYS RESIDED WITH YOUR PARENTS.

AS YOU WERE ADVISED IN THE SETTLEMENT OF FEBRUARY 16, 1956, REGULATIONS COVERING 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. THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4301-2 OF THE REGULATIONS, FOR THE PURPOSES OF ESTABLISHING ENTITLEMENT TO STATION ALLOWANCES, AS REFERRING TO A MEMBER WHOSE DEPENDENTS "RESIDE AT OR NEAR THE VICINITY OF HIS DUTY STATION LOCATED OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA.' IT APPEARS THAT DURING THE PERIOD OF YOUR CLAIM YOUR DEPENDENTS RESIDED AT PONCE, PUERTO RICO. THE OFFICIAL DISTANCE BETWEEN FORT TORTUGUERO AND FORT BUCHANAN, WHERE YOU WERE STATIONED, AND PONCE, WHERE YOUR DEPENDENTS LIVED, HAS BEEN DETERMINED AS 57 MILES AND 87 MILES, RESPECTIVELY. HENCE, IT MAY NOT BE CONSIDERED THAT THEY RESIDED AT OR NEAR THE VICINITY OF EITHER OF THOSE STATIONS. IT MUST BE CONCLUDED, THEREFORE, THAT ON THE PRESENT RECORD YOUR STATUS DURING THE PERIOD IN QUESTION WAS THAT OF A MEMBER WITHOUT DEPENDENTS FOR PER DIEM PURPOSES AND THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.