B-140189, SEP. 17, 1959

B-140189: Sep 17, 1959

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FILER: REFERENCE IS MADE TO YOUR LETTER DATED JUNE 9. WHILE YOU WERE SERVING AS A COMMISSIONED OFFICER. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 2. WERE ASSIGNED FAMILY TYPE GOVERNMENT QUARTERS AT YOUR STATION. THE CIRCUMSTANCES OF YOUR CLAIM ARE SIMILAR TO THOSE INVOLVED IN OUR DECISION OF JUNE 8. JOINTLY OCCUPY PUBLIC QUARTERS DESIGNATED AS DEPENDENT OR FAMILY-TYPE QUARTERS IS PRECLUDED FROM RECEIVING BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HUSBAND'S DEPENDENT CHILDREN WHO ARE IN THE CUSTODY OF OFFICER'S FORMER WIFE.'. IS ENCLOSED. FOR THE REASONS STATED IN THE ABOVE-MENTIONED DECISION PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED. IS SUSTAINED.

B-140189, SEP. 17, 1959

TO MR. HARRY O. FILER:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 9, 1959, AND ENCLOSURE, CONCERNING YOUR CLAIM FOR REFUND OF $324.90 COLLECTED FROM YOU FOR OVERPAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD JUNE 15 TO SEPTEMBER 19, 1955, WHILE YOU WERE SERVING AS A COMMISSIONED OFFICER, UNITED STATES AIR FORCE, AT DHAHRAN AIR BASE, SAUDI ARABIA.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED MAY 2, 1957, OF OUR CLAIMS DIVISION, ON THE BASIS OF AN ADMINISTRATIVE REPORT THAT DURING THE PERIOD INVOLVED YOU AND YOUR WIFE, ALSO A COMMISSIONED OFFICER IN THE UNITED STATES AIR FORCE, WERE ASSIGNED FAMILY TYPE GOVERNMENT QUARTERS AT YOUR STATION. YOU REQUEST RECONSIDERATION OF YOUR CLAIM ON THE BASIS THAT YOUR WIFE AND DEPENDENT PARENTS AND THAT YOU HAD A DEPENDENT SON BY A PREVIOUS MARRIAGE.

THE CIRCUMSTANCES OF YOUR CLAIM ARE SIMILAR TO THOSE INVOLVED IN OUR DECISION OF JUNE 8, 1955, TO LIEUTENANT COLONEL R. A. METZGER, DEPARTMENT OF DEFENSE, PUBLISHED IN 34 COMP. GEN. 61. IN THAT DECISION WE HELD, QUOTING THE SYLLABUS, AS FOLLOWS:

"AN OFFICER WHO WITH HIS WIFE, ALSO A MEMBER OF THE UNIFORMED SERVICES, JOINTLY OCCUPY PUBLIC QUARTERS DESIGNATED AS DEPENDENT OR FAMILY-TYPE QUARTERS IS PRECLUDED FROM RECEIVING BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HUSBAND'S DEPENDENT CHILDREN WHO ARE IN THE CUSTODY OF OFFICER'S FORMER WIFE.'

A COPY OF THE DECISION OF JUNE 8, 1955, IS ENCLOSED.

FOR THE REASONS STATED IN THE ABOVE-MENTIONED DECISION PAYMENT OF YOUR CLAIM IS NOT AUTHORIZED, AND THE SETTLEMENT OF MAY 2, 1957, IS SUSTAINED.