B-130447, MAR. 5, 1957

B-130447: Mar 5, 1957

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INFANTRY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7. WHILE YOU WERE ASSIGNED TO DUTY IN THE FREE TERRITORY OF TRIESTE. IN THE PRESENTATION OF YOUR CLAIM YOU CERTIFIED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE DURING THE PERIOD COVERED BY YOUR CLAIM EXCEPT FROM NOVEMBER 1. THAT GOVERNMENT MESS WAS NOT AVAILABLE EXCEPT DURING SEVERAL SHORT DESIGNATED INTERVALS WHILE YOU WERE ENGAGED IN FIELD EXERCISES AND INSPECTIONS. STATION PER DIEM ALLOWANCES FOR QUARTERS AND SUBSISTENCE WERE AUTHORIZED FOR PERSONNEL SERVING OUTSIDE THE UNITED STATES ONLY WHEN GOVERNMENT QUARTERS AND MESSES WERE NOT AVAILABLE. ON THE BASIS OF INFORMATION AVAILABLE TO US THAT GOVERNMENT QUARTERS AND MESSES WERE GENERALLY AVAILABLE AT TRIESTE DURING THE PERIOD IN QUESTION.

B-130447, MAR. 5, 1957

TO LIEUTENANT COLONEL ROBERT C. HUTCHINSON, JR., INFANTRY:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 7, 1956, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 8, 1952, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM ALLOWANCES FOR THE PERIOD SEPTEMBER 20, 1949, TO FEBRUARY 28, 1951, WHILE YOU WERE ASSIGNED TO DUTY IN THE FREE TERRITORY OF TRIESTE.

IN THE PRESENTATION OF YOUR CLAIM YOU CERTIFIED THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE DURING THE PERIOD COVERED BY YOUR CLAIM EXCEPT FROM NOVEMBER 1, 1949, TO FEBRUARY 28, 1951, AND THAT GOVERNMENT MESS WAS NOT AVAILABLE EXCEPT DURING SEVERAL SHORT DESIGNATED INTERVALS WHILE YOU WERE ENGAGED IN FIELD EXERCISES AND INSPECTIONS. ALSO, YOU STATED THAT YOUR DEPENDENTS RESIDED IN TRIESTE FROM NOVEMBER 1, 1949, TO A DATE BEYOND THE PERIOD OF YOUR CLAIM. UNDER THE GOVERNING LAW AND REGULATIONS THEN IN EFFECT, STATION PER DIEM ALLOWANCES FOR QUARTERS AND SUBSISTENCE WERE AUTHORIZED FOR PERSONNEL SERVING OUTSIDE THE UNITED STATES ONLY WHEN GOVERNMENT QUARTERS AND MESSES WERE NOT AVAILABLE. SEE PARAGRAPH 3A, ARMY REGULATIONS 35-3080. ON THE BASIS OF INFORMATION AVAILABLE TO US THAT GOVERNMENT QUARTERS AND MESSES WERE GENERALLY AVAILABLE AT TRIESTE DURING THE PERIOD IN QUESTION, YOUR CLAIM WAS DISALLOWED IN THE ABSENCE OF SUFFICIENT EVIDENCE TO ESTABLISH THAT THESE FACILITIES WERE NOT AVAILABLE TO YOU.

FOR PERIODS PRIOR TO JUNE 30, 1950, THE PAYMENT OF STATION QUARTERS PER DIEM ALLOWANCES TO OFFICERS ON DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES WAS AUTHORIZED UNDER GOVERNING REGULATIONS ONLY WHEN GOVERNMENT QUARTERS WERE NOT AVAILABLE TO THEM IN THEIR OWN RIGHT IRRESPECTIVE OF THE QUESTION OF AVAILABILITY OF QUARTERS FOR THEIR DEPENDENTS. 31 COMP. GEN. 399. IT WAS NOT UNTIL JUNE 30, 1950, THAT REGULATIONS WERE FIRST ISSUED UNDER SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, WHICH PERMITTED CONSIDERATION OF DEPENDENTS' LIVING COSTS IN FIXING STATION PER DIEM RATES PAYABLE FOR DUTY IN FOREIGN COUNTRIES. SINCE YOU CERTIFY THAT GOVERNMENT QUARTERS WERE AVAILABLE FROM NOVEMBER 1, 1949, WHICH WAS THE DATE OF ARRIVAL OF YOUR DEPENDENTS AT TRIESTE, TO FEBRUARY 28, 1951, NO AUTHORITY EXISTS UNDER THE CITED REGULATIONS FOR THE PAYMENT OF THE STATION QUARTERS ALLOWANCE FOR THAT PERIOD. FOR THE PRECEDING PERIOD, FROM SEPTEMBER 20 TO OCTOBER 31, 1949, ANY RIGHT THAT YOU MIGHT HAVE TO THE STATION QUARTERS ALLOWANCE WOULD DEPEND UPON A SHOWING THAT QUARTERS WERE NOT AVAILABLE TO YOU PERSONALLY. YOU HAVE FURNISHED NO EVIDENCE TO SUPPORT YOUR CONTENTION THAT QUARTERS WERE NOT AVAILABLE TO YOU DURING SUCH PERIOD, AND INFORMATION FURNISHED TO US INDICATES THAT BACHELOR OFFICER QUARTERS WERE AVAILABLE AT TRIESTE FOR ALL OFFICERS WHO WISHED TO USE THEM AND THAT MORE COULD HAVE BEEN MADE AVAILABLE AS NEEDED. UNDER SUCH CIRCUMSTANCES, IT MUST BE CONSIDERED THAT NO BASIS EXISTS FOR THE PAYMENT OF THE QUARTERS ALLOWANCE FOR THAT PERIOD.

WITH REFERENCE TO THE SUBSISTENCE PORTION OF YOUR CLAIM, YOU ARE ADVISED THAT AFTER AN EXTENSIVE INVESTIGATION OF THE MATTER WE CONCLUDED THAT A "GOVERNMENT MESS" WITHIN THE MEANING OF THAT TERM AS DEFINED IN GOVERNING REGULATIONS WAS AVAILABLE TO OFFICER PERSONNEL AT TRIESTE DURING THE PERIOD COVERED BY YOUR CLAIM. SEE THE ENCLOSED COPY OF DECISION OF MARCH 17, 1953, B-111413, WHICH IS EQUALLY APPLICABLE TO YOUR CLAIM.