B-128678, SEPT. 4, 1956

B-128678, SEPT. 4, 1956

TO MR. DONALD R. OLSEN:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 3, 1956, CONCERNING YOUR CLAIM FOR $100 ADDITIONAL UNIFORM ALLOWANCE ON REPORTING FOR ACTIVE DUTY ON FEBRUARY 16, 1951, AS A COMMISSIONED OFFICER, UNITED STATES AIR FORCE RESERVE.

THE AMOUNT CLAIMED WAS ALLOWED BY OUR SETTLEMENT DATED FEBRUARY 10, 1954, AND WAS APPLIED IN PARTIAL LIQUIDATION OF AN INDEBTEDNESS OF $704 STATED AGAINST YOU BECAUSE OF ERRONEOUS STATION PER DIEM ALLOWANCE PAYMENTS MADE INCIDENT TO YOUR SERVICE AT CHATEAUROUX, FRANCE, DURING THE PERIOD JULY 22 THROUGH NOVEMBER 20, 1951. YOU REQUEST RECONSIDERATION OF THE ACTION TAKEN IN THE SETTLEMENT ON THE BASIS OF OUR DECISION OF APRIL 26, 1956, B- 114949, B-120726.

SECTION 303/B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AUTHORIZED THE SECRETARIES OF THE UNIFORMED SERVICES TO MAKE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COSTS OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND NECESSARY INCIDENTAL EXPENSES. PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT DURING THE PERIOD IN QUESTION, PROVIDED THAT THE STATION PER DIEM ALLOWANCE AT RATES UNIFORMLY ESTABLISHED BY THE SECRETARIES WOULD BE PAID TO MEMBERS PERMANENTLY ASSIGNED TO DUTY OUTSIDE THE UNITED STATES OR IN ALASKA UPON THE COMMANDING OR OTHER APPROPRIATE OFFICER'S CERTIFICATION AS TO THE NONAVAILABILITY OF GOVERNMENT QUARTERS OR GOVERNMENT MESS, AND PARAGRAPH 4301-3 PROVIDED THAT A MEMBER WHOSE DEPENDENTS DID NOT RESIDE WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION WOULD BE REGARDED AS A MEMBER WITHOUT DEPENDENTS.

AUDIT EXCEPTIONS WERE TAKEN BY OUR OFFICE TO A NUMBER OF STATION PER DIEM ALLOWANCE PAYMENTS MADE TO MEMBERS OF THE ARMED FORCES STATIONED AT CHATEAUROUX, FRANCE, COVERING PERIODS PRIOR TO THE ARRIVAL OF THEIR DEPENDENTS, EVEN THOUGH SUPPORTED BY CERTIFICATIONS OF NONAVAILABILITY OF GOVERNMENT QUARTERS OR MESSES. THIS ACTION WAS TAKEN ON THE BASIS THAT EXISTING QUARTERS AND MESSING FACILITIES WERE ADEQUATE OR READILY EXPANDABLE TO THE DEGREE NECESSARY TO MEET THE REQUIREMENTS OF ALL MEMBERS WITHOUT DEPENDENTS AT THAT STATION.

YOU ARRIVED AT CHATEAUROUX ON JULY 21, 1951, ON A PERMANENT CHANGE OF STATION FROM KELLY AIR FORCE BASE, TEXAS, AND YOUR DEPENDENTS ARRIVED AT CHATEAUROUX ON NOVEMBER 21, 1951. THE EXCEPTIONS STATED IN YOUR CASE COVERED PAYMENTS FOR STATION SUBSISTENCE ALLOWANCE FOR THE PERIOD JULY 22 THROUGH NOVEMBER 20, 1951, AND STATION QUARTERS ALLOWANCE FOR THE PERIOD JULY 29 THROUGH NOVEMBER 20, 1951.

IN THE DECISION OF APRIL 26, 1956, WHICH YOU CITE, THERE WERE CONSIDERED THE ABOVE-MENTIONED AUDIT EXCEPTIONS. IT WAS CONCLUDED--- IN VIEW OF ADDITIONAL EVIDENCE OBTAINED IN THE MATTER THAT CONDITIONS WERE SUCH THAT GOVERNMENT QUARTERS AND MESSING FACILITIES COULD NOT REASONABLY BE CONSIDERED AS AVAILABLE TO ALL MEMBERS WITHOUT DEPENDENTS--- THAT TO THE EXTENT SUCH EXCEPTIONS COVERED PAYMENTS SUPPORTED BY CERTIFICATES AS TO THE NONAVAILABILITY OF GOVERNMENT QUARTERS AND MESS FACILITIES, THEY SHOULD BE REMOVED.

YOUR PAY RECORD SHOWS THAT YOU WERE CREDITED WITH STATION SUBSISTENCE ALLOWANCE AT THE RATE OF $3.75 A DAY, THE RATE FOR SUCH ALLOWANCE FOR THE CHATEAUROUX AREA, FOR THE PERIOD JULY 22 THROUGH 28, 1951, IN THE SUM OF $26.25. HOWEVER, INFORMATION IN A QUESTIONNAIRE SUBMITTED BY YOU IN A RESPONSE TO AN INQUIRY BY THE MILITARY PAY DIVISION, AIR FORCE FINANCE CENTER, DENVER, COLORADO, DISCLOSES THAT YOU OCCUPIED GOVERNMENT QUARTERS DURING THAT PERIOD AND THAT YOU WERE NOT AUTHORIZED TO MOVE OFF THE BASE AND SET UP QUARTERS IN ANTICIPATION OF THE ARRIVAL OF YOUR DEPENDENTS PRIOR TO JULY 29, 1951. SINCE IT HAS BEEN DETERMINED THAT A GOVERNMENT MESS WAS AVAILABLE AT CHATEAUROUX TO MEMBERS PRIOR TO THE DATE THEY WERE AUTHORIZED TO MOVE OFF THE BASE, CREDIT OF STATION SUBSISTENCE FOR THAT PERIOD WAS UNAUTHORIZED AND YOU WERE OVERPAID IN THE AMOUNT OF $26.25.

YOUR PAY RECORD ALSO SHOWS THAT YOU WERE CREDITED WITH STATION QUARTERS AND SUBSISTENCE ALLOWANCES AT THE RATE OF $9 A DAY, THE TRAVEL PER DIEM RATE FOR THE CHATEAUROUX AREA, FOR THE PERIOD JULY 29 THROUGH SEPTEMBER 4, 1951, IN THE SUM OF $342, PRESUMABLY UNDER AUTHORITY OF PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS. THAT PARAGRAPH AUTHORIZED THE PAYMENT OF STATION ALLOWANCES AT THAT RATE FOR THE FIRST 45 DAYS OF DUTY AT AN OVERSEAS STATION TO MEMBERS NOT FURNISHED GOVERNMENT QUARTERS AND NOT OCCUPYING PERMANENT HOUSING. FOR THE THREE-DAY PERIOD AUGUST 31 TO SEPTEMBER 2, 1951, THERE WAS CHECKED IN YOUR ACCOUNT THE STATION SUBSISTENCE ALLOWANCE AT $3.75 A DAY, TOTAL $11.25, ON THE BASIS THAT YOU WERE ON TEMPORARY DUTY DURING THAT PERIOD AND NOT ENTITLED TO SUCH ALLOWANCE UNDER THE PROVISIONS OF PARAGRAPH 4305 OF THE JOINT TRAVEL REGULATIONS. HENCE, FOR THE PERIOD JULY 29 THROUGH SEPTEMBER 4, 1951, YOU WERE CREDITED WITH STATION PER DIEM ALLOWANCES IN THE NET AMOUNT OF $330.75.

THE QUESTIONNAIRE THAT YOU FURNISHED ALSO DISCLOSED THAT YOU OCCUPIED PERMANENT HOUSING FROM JULY 29, 1951, TO JULY 28, 1952, PRIOR AND SUBSEQUENT TO THE ARRIVAL OF YOUR DEPENDENTS AT CHATEAUROUX ON NOVEMBER 21, 1951. SINCE PARAGRAPH 4303 ALSO PROVIDED THAT THE ALLOWANCE SHOULD BE REDUCED TO THE REGULAR STATION PER DIEM ALLOWANCE FOR THE AREA, WHICH IN THE CASE OF THE CHATEAU ROUX AREA WAS $4.75 A DAY ($1 FOR QUARTERS AND $3.75 FOR SUBSISTENCE) YOU WERE ENTITLED TO THE ALLOWANCES AT $4.75 A DAY FOR JULY 29 TO AUGUST 30, 1951, AND FOR SEPTEMBER 3 AND 4, 1951, AMOUNTING TO $166.25. ALSO, FOR AUGUST 31 AND SEPTEMBER 1 AND 2, 1951, YOU WERE ENTITLED TO STATION QUARTERS ALLOWANCE AT $1 A DAY ($3), MAKING TOTAL ALLOWANCES OF $169.25 FOR THE PERIOD JULY 29 THROUGH SEPTEMBER 4, 1951. SINCE YOU WERE PAID $330.75 FOR THAT PERIOD YOU WERE OVERPAID THE SUM OF $161.50.

THE TOTAL OVERPAYMENTS OF $187.75 ($26.25 PLUS $161.50) HAVING BEEN REDUCED $100 BY THE APPLICATION OF THE $100 ALLOWED YOU BY THE SETTLEMENT OF FEBRUARY 10, 1954, IT IS FOUND, THEREFORE, THAT YOU ARE INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $87.75, RATHER THAN THE $704 PREVIOUSLY REPORTED. OUR DEBT RECORDS WILL BE CHANGED ACCORDINGLY, AND YOU ARE REQUESTED TO REMIT THAT SUM TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, C., OR OTHERWISE ADVISE AS TO THE LIQUIDATION OF THE DEBT.