B-129375, NOV. 14, 1956

B-129375: Nov 14, 1956

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HUNTER: REFERENCE IS MADE TO YOUR LETTERS DATED SEPTEMBER 18 AND OCTOBER 7. YOUR CLAIM FOR SUCH ALLOWANCE FOR THAT PERIOD WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 23. OF OUR CLAIMS DIVISION FOR THE REASON THAT PAYMENT OF SUCH ALLOWANCE TO PERSONNEL STATIONED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA IS AUTHORIZED ONLY WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE AND THAT PRIOR TO JUNE 30. THE QUESTION OF AVAILABILITY OF GOVERNMENT QUARTERS FOR DEPENDENTS IS NOT FOR CONSIDERATION. YOU SAY THAT YOUR CLAIM IS FOR THE PERIOD SEPTEMBER 20. YOU FURTHER SAY THAT YOU CANNOT UNDERSTAND WHY YOUR CLAIM WAS NOT APPROVED SINCE A SIMILAR CLAIM BY SERGEANT FIRST CLASS JAMES A.

B-129375, NOV. 14, 1956

TO SERGEANT ROY A. HUNTER:

REFERENCE IS MADE TO YOUR LETTERS DATED SEPTEMBER 18 AND OCTOBER 7, 1956, CONCERNING YOUR CLAIM FOR STATION QUARTERS PER DIEM INCIDENT TO YOUR SERVICE IN THE FREE TERRITORY OF TRIESTE.

IT APPEARS THAT BY LETTER DATED MAY 18, 1951, YOU ORIGINALLY MADE CLAIM FOR STATION QUARTERS PER DIEM FOR THE PERIOD SEPTEMBER 20, 1949, TO MARCH 31, 1950. YOUR CLAIM FOR SUCH ALLOWANCE FOR THAT PERIOD WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 23, 1954, OF OUR CLAIMS DIVISION FOR THE REASON THAT PAYMENT OF SUCH ALLOWANCE TO PERSONNEL STATIONED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA IS AUTHORIZED ONLY WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE AND THAT PRIOR TO JUNE 30, 1950, THE QUESTION OF AVAILABILITY OF GOVERNMENT QUARTERS FOR DEPENDENTS IS NOT FOR CONSIDERATION. IN THE LETTERS OF SEPTEMBER 18 AND OCTOBER 7, 1956, YOU SAY THAT YOUR CLAIM IS FOR THE PERIOD SEPTEMBER 20, 1949, TO MARCH 31, 1951, RATHER THAN TO MARCH 31, 1950. YOU FURTHER SAY THAT YOU CANNOT UNDERSTAND WHY YOUR CLAIM WAS NOT APPROVED SINCE A SIMILAR CLAIM BY SERGEANT FIRST CLASS JAMES A. SPILLMAN, WHO SERVED WITH YOU IN TRIESTE UNDER THE SAME ORDER, HAS BEEN ALLOWED.

RESPECTING THE CLAIM OF SERGEANT SPILLMAN YOU ARE ADVISED THAT BY SETTLEMENT DATED JULY 29, 1954, OF OUR CLAIMS DIVISION HE WAS ALLOWED THE SUM OF $275 REPRESENTING THE STATION QUARTERS PER DIEM AT $1 A DAY FOR THE PERIOD JUNE 30, 1950, TO MARCH 31, 1951. HE WAS ADVISED THAT THERE WAS NO AUTHORITY FOR THE PAYMENT OF SUCH ALLOWANCE PRIOR TO JUNE 30, 1950.

YOUR ORIGINAL CLAIM FOR THE PERIOD SEPTEMBER 30, 1949, TO MARCH 31, 1950, IS SIMILAR TO THAT CONSIDERED IN OUR DECISION OF OCTOBER 5, 1954, B- 121174, 34 COMP. GEN. 154, TO MR. MORRIS W. DONALDSON, A COPY OF WHICH IS ENCLOSED. FOR THE REASON STATED IN THAT DECISION, THERE IS NO AUTHORITY FOR PAYMENT OF STATION QUARTERS PER DIEM TO PERSONNEL SERVING IN TRIESTE FOR A PERIOD PRIOR TO JUNE 30, 1950. HENCE, THE DISALLOWANCE OF YOUR CLAIM FOR THE PERIOD OF SEPTEMBER 20, 1949, TO MARCH 31, 1950, WAS CORRECT AND IS SUSTAINED. SINCE IT APPEARS THAT YOU ARE NOW MAKING A NEW CLAIM FOR STATION QUARTERS PER DIEM FROM APRIL 1, 1950, THROUGH MARCH 31, 1951, THAT CLAIM WILL BE CONSIDERED BY OUR CLAIMS DIVISION AND YOU WILL BE ADVISED OF THE ACTION TAKEN RESPECTING SUCH CLAIM BY THAT DIVISION.