B-136312, JUN. 18, 1958

B-136312: Jun 18, 1958

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ROLON: REFERENCE IS MADE TO YOUR LETTER OF MAY 2. IT APPEARS THAT YOU WERE PERFORMING TRAINING DUTY WITH THE 7504TH AU REPLACEMENT TRAINING CENTER AT CAMP TORTUGUERO THROUGHOUT THE PERIOD COVERED BY YOUR CLAIM. THE RECORD DISCLOSES THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING SUCH PERIOD. NOTATION ON YOUR PAY RECORD SHOWS THAT THE DEPENDENCY OF YOUR MOTHER WAS ESTABLISHED JULY 28. THERE IS NOTHING IN THE RECORD TO SHOW THAT YOUR MOTHER RESIDED WITH YOU FROM JUNE 18 THROUGH DECEMBER 31. THERE WAS SUBMITTED AN EXTRACT COPY OF SPECIAL ORDERS NO. 12 HEADQUARTERS. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. ENLISTED MEMBERS WITHOUT DEPENDENTS WERE ENTITLED TO A STATION SUBSISTENCE PER DIEM ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE.

B-136312, JUN. 18, 1958

TO MR. PEDRO J. ROLON:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1958, WITH ENCLOSURES, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 27, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE COVERING THE PERIOD JUNE 18 THROUGH DECEMBER 31, 1952, INCIDENT TO YOUR SERVICES AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY WHILE STATIONED AT CAMP TORTUGUERO, PUERTO RICO.

IT APPEARS THAT YOU WERE PERFORMING TRAINING DUTY WITH THE 7504TH AU REPLACEMENT TRAINING CENTER AT CAMP TORTUGUERO THROUGHOUT THE PERIOD COVERED BY YOUR CLAIM. THE RECORD DISCLOSES THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING SUCH PERIOD. NOTATION ON YOUR PAY RECORD SHOWS THAT THE DEPENDENCY OF YOUR MOTHER WAS ESTABLISHED JULY 28, 1952, EFFECTIVE JUNE 17, 1952. HOWEVER, THERE IS NOTHING IN THE RECORD TO SHOW THAT YOUR MOTHER RESIDED WITH YOU FROM JUNE 18 THROUGH DECEMBER 31, 1952.

IN SUPPORT OF YOUR CLAIM, THERE WAS SUBMITTED AN EXTRACT COPY OF SPECIAL ORDERS NO. 12 HEADQUARTERS, REPLACEMENT TRAINING CENTER, CAMP TORTUGUERO, PUERTO RICO, DATED JANUARY 19, 1955, PARAGRAPH NINE OF WHICH PURPORTS TO CONFIRM VERBAL ORDERS OF JUNE 18, 1952, AUTHORIZING THE PAYMENT TO YOU OF STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD ABOVE INDICATED.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. UNDER PARAGRAPHS 4300 AND 4301 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 WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM PURPOSES UNLESS HIS DEPENDENTS ,RESIDE WITH HIM AT OR IN THE VICINITY OF" HIS FOREIGN DUTY STATION. HENCE, TO BE ENTITLED TO THE ALLOWANCE CLAIMED, IT WOULD HAVE BEEN NECESSARY FOR YOUR DEPENDENT MOTHER ACTUALLY TO HAVE LIVED WITH YOU AT OR NEAR YOUR DUTY STATION DURING THE PERIOD COVERED BY YOUR CLAIM. HOWEVER, 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--- IN THE ABSENCE OF EVIDENCE TO THE CONTRARY--- THAT SHE DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE GOVERNING REGULATIONS. YOUR STATUS, THEREFORE, INSOFAR AS YOUR RIGHT TO A STATION PER DIEM ALLOWANCE IS CONCERNED, WAS THAT OF AN ENLISTED MAN WITHOUT DEPENDENTS, AND SINCE A GOVERNMENT MESS WAS AVAILABLE TO YOU, NO AUTHORITY EXISTS TO ALLOW YOUR CLAIM.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF APRIL 27, 1955, IS SUSTAINED.