B-128505, AUG. 16, 1956
Highlights
MASTER SERGEANT: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 4. WHILE YOU WERE ASSIGNED TO DUTY IN THE FREE TERRITORY OF TRIESTE. THE RECORDS SHOW THAT YOU WERE PAID STATION SUBSISTENCE ALLOWANCE AT THE RATE OF $3 PER DAY FOR THE PERIOD FROM MARCH 1 TO AUGUST 26. THE CHECK AGE IN QUESTION WAS MADE PURSUANT TO GENERAL ACCOUNTING NOTICE OF EXCEPTION. ON THE BASIS THAT MESSING FACILITIES WERE AVAILABLE TO YOU DURING THE PERIOD MARCH 1 TO 31. WAS NOT SIMILARLY SUBJECT TO CHECK AGE FOR THE SAME REASON. THE PAYMENT TO ARMY PERSONNEL OF STATION PER DIEM ALLOWANCES WAS GOVERNED BY THE PROVISIONS OF SPECIAL REGULATIONS 35-3080-1. PARAGRAPH 4A OF THOSE REGULATIONS AUTHORIZED PAYMENT OF THE STATION SUBSISTENCE ALLOWANCE TO MILITARY PERSONNEL FOR FOREIGN SERVICE ONLY IF GOVERNMENT MEALS WERE NOT AVAILABLE TO THEM PERSONALLY.
B-128505, AUG. 16, 1956
TO JOSEPH T. LAMARCA, MASTER SERGEANT:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 4, 1956, REQUESTING REVIEW OF OUR SETTLEMENT DATED FEBRUARY 14, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $93 COLLECTED FROM YOU REPRESENTING STATION SUBSISTENCE ALLOWANCE ERRONEOUSLY PAID FOR THE PERIOD MARCH 1 TO 31, 1951, WHILE YOU WERE ASSIGNED TO DUTY IN THE FREE TERRITORY OF TRIESTE.
THE RECORDS SHOW THAT YOU WERE PAID STATION SUBSISTENCE ALLOWANCE AT THE RATE OF $3 PER DAY FOR THE PERIOD FROM MARCH 1 TO AUGUST 26, 1951, WHILE STATIONED AT TRIESTE. THE CHECK AGE IN QUESTION WAS MADE PURSUANT TO GENERAL ACCOUNTING NOTICE OF EXCEPTION, DATED MAY 8, 1953, ON THE BASIS THAT MESSING FACILITIES WERE AVAILABLE TO YOU DURING THE PERIOD MARCH 1 TO 31, 1951. YOU REQUEST CLARIFICATION OF THE BASIS FOR SUCH CHECK AGE, AND AN EXPLANATION OF WHY THE ENSUING PERIOD FROM APRIL 1 TO AUGUST 26, 1951, WAS NOT SIMILARLY SUBJECT TO CHECK AGE FOR THE SAME REASON.
DURING THE PERIOD FROM APRIL 1, 1949, TO MARCH 31, 1951, THE PAYMENT TO ARMY PERSONNEL OF STATION PER DIEM ALLOWANCES WAS GOVERNED BY THE PROVISIONS OF SPECIAL REGULATIONS 35-3080-1. PARAGRAPH 4A OF THOSE REGULATIONS AUTHORIZED PAYMENT OF THE STATION SUBSISTENCE ALLOWANCE TO MILITARY PERSONNEL FOR FOREIGN SERVICE ONLY IF GOVERNMENT MEALS WERE NOT AVAILABLE TO THEM PERSONALLY, AND IRRESPECTIVE OF WHETHER SUBSISTENCE ARRANGEMENTS EXISTED FOR DEPENDENTS. GOVERNING REGULATIONS AFTER THAT PERIOD WERE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4301-5 OF SUCH REGULATIONS PROVIDED, APRIL 1, 1951, THAT FOR PURPOSES OF DETERMINATION OF ENTITLEMENT TO STATION SUBSISTENCE ALLOWANCES A GOVERNMENT MESS SHOULD NOT BE REGARDED AS AVAILABLE FOR A MEMBER WITH DEPENDENTS RESIDING IN THE VICINITY OF HIS STATION UNLESS BOTH HE AND HIS DEPENDENTS ACTUALLY WERE SUBSISTED IN SUCH MESS. UNDER SUCH REGULATIONS A MEMBER SERVING AT A STATION WHERE HE WOULD NOT BE ENTITLED TO A STATION SUBSISTENCE ALLOWANCE PRIOR TO APRIL 1, 1951, BECAUSE GOVERNMENT MESSING FACILITIES WERE AVAILABLE FOR HIS PERSONAL USE WOULD BE ENTITLED TO THE ALLOWANCE ON AND AFTER APRIL 1, 1951, IF HIS DEPENDENTS, RESIDING IN THE VICINITY OF HIS STATION, WERE NOT SUBSISTED IN A GOVERNMENT MESS.
THE EXCEPTION TO THE STATION SUBSISTENCE ALLOWANCE PAID TO YOU FOR THE PERIOD MARCH 1 TO 31, 1951, WAS TAKEN ON THE BASIS OF EVIDENCE THAT GOVERNMENT MESSES WERE AVAILABLE FOR ALL ENLISTED PERSONNEL ON DUTY AT TRIESTE DURING THE PERIOD INVOLVED. IN VIEW OF SUCH FACT NO AUTHORITY EXISTED FOR THE PAYMENT TO YOU OF THE ALLOWANCE FOR THAT PERIOD. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 14, 1956, IS SUSTAINED.