B-133694, NOV. 22, 1957

B-133694, NOV. 22, 1957

TO MR. PABLO RODRIGUEZ-SANCHEZ:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 22, 1957, REQUESTING REVIEW OF OUR SETTLEMENT OF AUGUST 1, 1957, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD OCTOBER 22 TO DECEMBER 31, 1952, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY UNDERGOING TRAINING WHILE ASSIGNED TO THE 6TH COMPANY, 7504TH AU, REPLACEMENT TRAINING CENTER, CAMP TORTUGUERO, PUERTO RICO.

IT APPEARS THAT YOU WERE INDUCTED INTO THE SERVICE ON OCTOBER 22, 1952, AT FORT BUCHANAN, PUERTO RICO, AND THAT YOU REPORTED AT CAMP TORTUGUEROON NOVEMBER 7, 1952, WHERE YOU WERE STATIONED THROUGH THE REMAINING PERIOD COVERED BY YOUR CLAIM IN THE DUTY ASSIGNMENT INDICATED ABOVE. YOU WERE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS AS AN ENLISTED MEMBER WITH MORE THAN TWO DEPENDENTS DURING SUCH PERIOD. NOTHING APPEARING IN THE RECORD, HOWEVER, SHOWS WHERE YOUR DEPENDENTS RESIDED WHILE YOU WERE STATIONED THERE.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. UNDER PARAGRAPH 4300 OF THOSE REGULATIONS, AS THEN IN EFFECT, ENLISTED MEMBERS WITHOUT DEPENDENTS WERE ENTITLED TO A STATION SUBSISTENCE PER DIEM ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE, BASED ON THE COMMANDING OR OTHER APPROPRIATE OFFICER'S CERTIFICATION OF AVAILABILITY. UNDER PARAGRAPH 4301 -2 OF THE REGULATIONS AN ENLISTED MAN ON DUTY OUTSIDE THE UNITED STATES WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM ALLOWANCE PURPOSES UNLESS HIS DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION.' NO CERTIFICATION OF YOUR COMMANDING OFFICER OR OTHER APPROPRIATE OFFICER WAS SUBMITTED AS EVIDENCE THAT GOVERNMENT MESSES WERE NOT AVAILABLE TO YOU AS A MEMBER WITHOUT DEPENDENTS. CONSEQUENTLY, TO BE ENTITLED TO THE ALLOWANCE CLAIMED IT WOULD HAVE BEEN NECESSARY THAT YOUR DEPENDENTS ACTUALLY LIVED WITH YOU IN THE SAME HOUSEHOLD AT OR NEAR YOUR DUTY STATION. YOU DID NOT CONTEND, HOWEVER, THAT YOUR DEPENDENTS LIVED WITH YOU DURING THE PERIOD IN QUESTION, AND SINCE DEPENDENTS ORDINARILY ARE NOT AUTHORIZED TO ACCOMPANY ENLISTED PERSONNEL TO AN INITIAL RECRUIT TRAINING ASSIGNMENT SUCH AS THE ONE YOU WERE ENGAGED IN AT CAMP TORTUGUERO, IT MUST BE ASSUMED THAT THEY DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS. YOUR STATUS, THEREFORE, FOR THE SPECIFIC PURPOSE OF ENTITLEMENT TO STATION PER DIEM ALLOWANCES, WAS THAT OF AN ENLISTED MEMBER WITHOUT DEPENDENTS. CONSEQUENTLY, SINCE GOVERNMENT MESSES APPARENTLY WERE AVAILABLE TO YOU, YOU ARE NOT ENTITLED TO THE STATION SUBSISTENCE PER DIEM CLAIMED. ACCORDINGLY, THE SETTLEMENT OF AUGUST 1, 1957, IS SUSTAINED.

SINCE NO AUTHORITY EXISTS UNDER THE LAW FOR THE PAYMENT TO YOU OF THE ALLOWANCE CLAIMED WHICH, YOU INDICATE, WAS TO SERVE AS AN OFFSET AGAINST YOUR INDEBTEDNESS TO THE GOVERNMENT IN THE SUM OF $68.30 AS PREVIOUSLY REPORTED TO YOU, IT IS REQUESTED THAT ARRANGEMENTS NOW BE MADE FOR THE PAYMENT OF THAT SUM TO THE U.S. GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C., WITHOUT FURTHER DELAY.