B-134484, MAR. 18, 1965

B-134484: Mar 18, 1965

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CE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15. WHILE YOU WERE STATIONED IN HAMSDAM. YOU WERE RELIEVED FROM FORT MCPHERSON. THE ORDERS PROVIDED THAT CONCURRENT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WAS NOT AUTHORIZED. APPEARS THAT HOUSING AND MESSING FACILITIES WERE PROVIDED AT HAMSDAN BY A GOVERNMENT CONTRACTOR AND THAT PERSONNEL ASSIGNED THERE WERE REQUIRED UNDER THE TERMS OF THE CONTRACT TO PAY A CHARGE OF $1 PER DAY FOR MEALS AND NOT TO EXCEED $5 PER MONTH FOR QUARTERS. YOU WERE RELIEVED FROM DUTY AT HAMSDAN AND RETURNED TO THE UNITED STATES BY PARAGRAPH 1. YOUR CLAIM FOR COST-OF-LIVING ALLOWANCES FOR THE PERIOD OF YOUR DUTY THERE WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN.

B-134484, MAR. 18, 1965

TO COLONEL EDWIN L. POWELL, JR., CE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15, 1964, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 17, 1964, WHICH DISALLOWED YOUR CLAIM FOR COST-OF-LIVING ALLOWANCES UNDER PARAGRAPH 4301-3B (1) 1 OF THE JOINT TRAVEL REGULATIONS FOR THE PERIOD JULY 13, 1960, TO JULY 7, 1961, WHILE YOU WERE STATIONED IN HAMSDAM, IRAN.

BY PARAGRAPH 83, SPECIAL ORDERS NO. 51, DATED MARCH 14, 1960, AS AMENDED BY ORDERS DATED APRIL 18, 1960, YOU WERE RELIEVED FROM FORT MCPHERSON, GEORGIA, WITH STATION AT AIR UNIVERSITY, MAXWELL AIR FORCE BASE, ALABAMA, UPON COMPLETION OF COURSE OF INSTRUCTION, AND ASSIGNED TO U.S. ARMY ENGINEER DISTRICT GULF (9613-4) MEDITERRANEAN DIVISION, TEHERAN, IRAN, WITH STATION AT HAMSDAN, IRAN. THE ORDERS PROVIDED THAT CONCURRENT TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS WAS NOT AUTHORIZED. APPEARS THAT HOUSING AND MESSING FACILITIES WERE PROVIDED AT HAMSDAN BY A GOVERNMENT CONTRACTOR AND THAT PERSONNEL ASSIGNED THERE WERE REQUIRED UNDER THE TERMS OF THE CONTRACT TO PAY A CHARGE OF $1 PER DAY FOR MEALS AND NOT TO EXCEED $5 PER MONTH FOR QUARTERS. YOU WERE RELIEVED FROM DUTY AT HAMSDAN AND RETURNED TO THE UNITED STATES BY PARAGRAPH 1, SPECIAL ORDERS NO. 93, DATED JUNE 7, 1961. YOUR CLAIM FOR COST-OF-LIVING ALLOWANCES FOR THE PERIOD OF YOUR DUTY THERE WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE SECRETARY OF THE ARMY, PRIOR TO THE PERIOD INVOLVED IN YOUR CLAIM, AUTHORIZED PAYMENT OF PER DIEM ALLOWANCES FOR ARMY OFFICERS STATIONED IN IRAN, AND THAT SUCH ALLOWANCES WERE BEING PAID DURING THE PERIOD COVERED BY YOUR CLAIM. YOU STATE, HOWEVER, THAT WHILE YOU WERE IN IRAN THE LOCAL DISTRICT ENGINEER OFFICE, U.S. ARMY ENGINEER DISTRICT, GULF, APO 205, DETERMINED THAT PER DIEM ALLOWANCES WOULD NOT BE PAID TO MILITARY PERSONNEL WITHOUT DEPENDENTS WHO WERE STATIONED AT FIELD SITES. YOU FURTHER SAY THAT DURING THE PAST YEAR SEVERAL ARMY OFFICERS WHO SERVED CONCURRENTLY, PRIOR AND SUBSEQUENT TO YOUR SERVICE IN IRAN, BUT IN THE SAME CAPACITY, RECEIVED COST-OF-LIVING ALLOWANCES FOLLOWING A FAVORABLE RULING BY THIS OFFICE.

THE STATUTE IN EFFECT AT THE TIME HERE INVOLVED (SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (B) (, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE PAYMENT OF PER DIEM ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES CONSIDERING ALL ELEMENTS OF COST OF LIVING INCLUDING QUARTERS AND SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. PARAGRAPH 4301-3B (1) ( OF THE JOINT TRAVEL REGULATIONS (CHANGE 86, NOVEMBER 1, 1959), ISSUED PURSUANT THERETO AND IN EFFECT WHEN YOU WERE ASSIGNED TO THE DUTY INVOLVED PROVIDES THAT A MEMBER ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES WITHOUT DEPENDENTS SHALL BE ENTITLED TO COST-OF- LIVING ALLOWANCES FOR ANY DAY DURING WHICH A GOVERNMENT MESS (3 MEALS A DAY) IS NOT AVAILABLE TO THE MEMBER AT HIS PERMANENT DUTY STATION. COST- OF-LIVING ALLOWANCES FOR MEMBERS WITHOUT DEPENDENTS ON DUTY IN IRAN (EXCEPT TEHERAN) WERE AUTHORIZED IN APPENDIX B OF THE JOINT TRAVEL REGULATIONS DURING THE PERIOD HERE INVOLVED AS PRESCRIBED IN COST-OF- LIVING INDEX 120 EFFECTIVE FEBRUARY 1, 1959, AND COST-OF-LIVING INDEX 126 EFFECTIVE JUNE 1, 1961, APPENDIX C, JOINT TRAVEL REGULATIONS. HOWEVER, THERE ALSO WAS IN EFFECT PARAGRAPH 1150-4 OF THE JOINT TRAVEL REGULATIONS (CHANGE 90, MARCH 3, 1960) WHICH DEFINED THE TERM "GOVERNMENT MESS" TO INCLUDE MEALS FURNISHED TO A MEMBER BY A GOVERNMENT CONTRACTOR UNDER THE TERMS OF A CONTRACT OR AGREEMENT.

SINCE YOU WERE FURNISHED MEALS BY A GOVERNMENT CONTRACTOR UNDER THE TERMS OF THE CONTRACT WITH THE GOVERNMENT, AND SINCE THE REGULATIONS PROVIDED THAT SUCH MEALS WERE INCLUDED IN THE DEFINITION OF GOVERNMENT MESS IT MUST BE CONCLUDED THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU AND, THEREFORE, THAT THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM NOTWITHSTANDING THAT YOU PAID A NOMINAL CHARGE FOR THE MEALS.

WE ARE NOT AWARE OF ANY PAYMENTS OF COST-OF-LIVING ALLOWANCES TO OTHERS FOR SERVICE AT HAMSDAN, IRAN, FOR THE PERIOD CLAIMED UNDER THE CIRCUMSTANCES INVOLVED IN YOUR CLAIM. IF YOU WILL FURNISH THE NAMES OF OTHERS PAID SUCH ALLOWANCES FOR THAT PERIOD UNDER THE SAME CIRCUMSTANCES, THE MATTER OF THEIR ENTITLEMENT TO THE ALLOWANCES WILL BE CONSIDERED. SUCH PAYMENTS, HOWEVER, WOULD AFFORD NO BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM.