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B-136327, FEB. 23, 1960

B-136327 Feb 23, 1960
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EMILY ALEXANDER WHITE: REFERENCE IS MADE TO A LETTER DATED OCTOBER 9. WHILE YOU WERE SERVING AS A LIEUTENANT. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 17. FOR THE REASON THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY AT PORT HUENEME ON JUNE 18. THERE WAS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU SUBSEQUENT TO JUNE 17. WE ADVISED YOU IN DETAIL OF THE REASONS WHY IT WAS CONSIDERED THAT ADEQUATE GOVERNMENT QUARTERS WERE ASSIGNED TO YOU DURING THE PERIOD OF YOUR CLAIM AND THAT WHEN ADEQUATE PUBLIC QUARTERS WERE NOT OCCUPIED FOR PERSONAL REASONS NO AUTHORITY EXISTS FOR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS. THAT ADEQUATE GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU.

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B-136327, FEB. 23, 1960

TO MRS. EMILY ALEXANDER WHITE:

REFERENCE IS MADE TO A LETTER DATED OCTOBER 9, 1959, AND ENCLOSURES, WRITTEN ON YOUR BEHALF BY YOUR ATTORNEY, E. E. BLAKELY, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS AS A SINGLE OFFICER WITHOUT DEPENDENTS, FOR THE PERIOD JUNE 18, 1952, THROUGH JULY 27, 1953, WHILE YOU WERE SERVING AS A LIEUTENANT, UNITED STATES NAVAL RESERVE, AT THE UNITED STATES NAVAL ADVANCED BASE SUPPLY DEPOT, CONSTRUCTION BATTALION CENTER, FORT HUENEME, CALIFORNIA.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JANUARY 17, 1956, FOR THE REASON THAT GOVERNMENT QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY AT PORT HUENEME ON JUNE 18, 1952, AND THERE WAS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU SUBSEQUENT TO JUNE 17, 1952. SUBSEQUENTLY, BY DECISION OF JULY 16, 1958, B-136327, SUSTAINING THE SETTLEMENT OF JANUARY 17, 1956, WE ADVISED YOU IN DETAIL OF THE REASONS WHY IT WAS CONSIDERED THAT ADEQUATE GOVERNMENT QUARTERS WERE ASSIGNED TO YOU DURING THE PERIOD OF YOUR CLAIM AND THAT WHEN ADEQUATE PUBLIC QUARTERS WERE NOT OCCUPIED FOR PERSONAL REASONS NO AUTHORITY EXISTS FOR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS. IN YOUR COMMENTS RESPECTING THE DECISION OF JULY 16, 1958, ENCLOSED WITH THE LETTER OF OCTOBER 9, 1959, YOU, IN EFFECT, REPEAT THE PREVIOUS ASSERTIONS MADE BY YOUR ATTORNEY AND YOU CONCLUDE, AS DID YOUR ATTORNEY, THAT ADEQUATE GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU.

IN THE LETTER OF OCTOBER 9, 1959, YOUR ATTORNEY ALSO REQUESTED THAT YOUR COMMENTS BE REFERRED TO THE DEPARTMENT OF THE NAVY FOR A FURTHER ADMINISTRATIVE REPORT. PURSUANT TO SUCH REQUEST COPIES OF THE LETTER OF OCTOBER 9, 1959, AND THE ENCLOSURES, TOGETHER WITH COPIES OF THE DECISION OF JULY 16, 1958, AND THE DECISION OF JANUARY 13, 1959, B 137740, TO LIEUTENANT COLONEL M. W. DALE, USAF, REFERRED TO IN THE LETTER FROM MR. BLAKELY, WERE TRANSMITTED BY US TO THE DEPARTMENT OF THE NAVY WITH THE REQUEST THAT THE DEPARTMENT FURNISH US WITH ITS VIEWS AND COMMENTS RESPECTING THE STATEMENTS MADE IN THE LETTER OF OCTOBER 9, 1959, AND ITS ENCLOSURES. WE HAVE NOW RECEIVED A LETTER DATED JANUARY 13, 1960, FROM THE DEPARTMENT OF THE NAVY, IN WHICH IT IS STATED THAT YOUR ENTIRE CASE HAS BEEN CAREFULLY REVIEWED AND NO FURTHER EVIDENCE WAS FOUND TO SUBSTANTIATE YOUR CLAIM. THE DEPARTMENT ALSO ADVISED US THAT IT CONCURS WITH THE ORIGINAL FINDINGS SET FORTH IN OUR DECISION OF JULY 16, 1958, TO YOU.

THE CASES IN THE UNITED STATES COURT OF CLAIMS AND OUR DECISION OF JANUARY 13, 1959, B-137740, TO LIEUTENANT COLONEL M. W. DALE, USAF, CITED BY MR. BLAKELY IN THE ENCLOSURES TO HIS LETTER, INVOLVE SITUATIONS WHERE PUBLIC QUARTERS WERE NOT ASSIGNED OR IT WAS CLEARLY ESTABLISHED THAT THE QUARTERS WERE INADEQUATE. AS POINTED OUT IN THE DECISION OF JULY 16, 1958, TO YOU, GOVERNMENT QUARTERS WERE ASSIGNED TO YOU DURING THE PERIOD OF YOUR CLAIM, AND WHILE SUCH QUARTERS MAY NOT HAVE BEEN ALL THAT YOU DESIRED, THE RECORD DOES NOT JUSTIFY A CONCLUSION BY US, CONTRARY TO THE NAVY'S DETERMINATION IN SUCH RESPECT, THAT THE ASSIGNED QUARTERS WERE NOT ADEQUATE FOR OCCUPANCY BY A SINGLE OFFICER. HENCE, THE CITED DECISIONS ARE NOT FOR APPLICATION IN YOUR CASE.

SINCE THE NAVY OFFICIALS ADVISE THAT YOUR ENTIRE CASE HAS BEEN CAREFULLY REVIEWED AND NO FURTHER EVIDENCE TO SUBSTANTIATE YOUR CLAIM WAS FOUND AND AS MR. BLAKELY'S LETTER AND ENCLOSURES CONTAIN NO NEW OR MATERIAL FACTS NOT PREVIOUSLY CONSIDERED BY US IN THE SETTLEMENT OF JANUARY 17, 1956, AND IN THE DECISION OF JULY 16, 1958, WE TRUST YOU WILL UNDERSTAND THAT THERE IS NO PROPER BASIS ON WHICH WE MAY GIVE YOUR CLAIM FAVORABLE CONSIDERATION.

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