B-141723, FEB. 2, 1961

B-141723: Feb 2, 1961

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WHICH DISALLOWED YOUR CLAIM FOR QUARTERS ALLOWANCE FOR THE PERIOD TRANSPIRING SINCE PAYMENT TO YOU OF THAT ALLOWANCE WAS DISCONTINUED. THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE RECITED IN OUR SETTLEMENT AND THERE IS NO NEED TO REPEAT THEM HERE. ADVISED YOU IN EFFECT THAT PAYMENT WAS PRECLUDED BY APPLICABLE REGULATIONS UPON THE DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT ELIGIBLE TO RECEIVE QUARTERS ALLOWANCE BECAUSE YOU WERE NOT RECRUITED OR TRANSFERRED FROM OUTSIDE THE AREA. THE REFERENCED REGULATIONS WERE QUOTED IN A LETTER DATED JULY 13. YOU NOW SAY YOU REMAINED IN EUROPE ON A TOURIST PASSPORT AND CONTEND THAT BECAUSE OF TRAVEL FREQUENTLY PERFORMED YOU ARE ENTITLED TO PAYMENT AS CLAIMED UNDER THE PROVISIONS OF THE REGULATIONS.

B-141723, FEB. 2, 1961

CHIEF SERVICE BRANCH, CONSTRUCTION DIVISION, USACAF:

YOUR LETTER OF JANUARY 4, 1961, REQUESTS RECONSIDERATION OF OUROFFICE SETTLEMENT OF NOVEMBER 25, 1960, WHICH DISALLOWED YOUR CLAIM FOR QUARTERS ALLOWANCE FOR THE PERIOD TRANSPIRING SINCE PAYMENT TO YOU OF THAT ALLOWANCE WAS DISCONTINUED. THE FACTS IN YOUR CASE AS WELL AS THE REASONS FOR ITS DISALLOWANCE ARE RECITED IN OUR SETTLEMENT AND THERE IS NO NEED TO REPEAT THEM HERE.

OUR SETTLEMENT SO FAR AS HERE PERTINENT, ADVISED YOU IN EFFECT THAT PAYMENT WAS PRECLUDED BY APPLICABLE REGULATIONS UPON THE DETERMINATION BY THE DEPARTMENT OF THE ARMY THAT YOU WERE NOT ELIGIBLE TO RECEIVE QUARTERS ALLOWANCE BECAUSE YOU WERE NOT RECRUITED OR TRANSFERRED FROM OUTSIDE THE AREA. THE REFERENCED REGULATIONS WERE QUOTED IN A LETTER DATED JULY 13, 1959, ADDRESSED TO YOU BY MR. I. G. RAHN, CIVILIAN PERSONNEL OFFICER, HEADQUARTERS, SEINE AREA COMMAND, UNITED STATES ARMY COMMUNICATIONS ZONE, EUROPE, APO 163, AND THEY NEED NOT BE REPEATED HERE.

YOU NOW SAY YOU REMAINED IN EUROPE ON A TOURIST PASSPORT AND CONTEND THAT BECAUSE OF TRAVEL FREQUENTLY PERFORMED YOU ARE ENTITLED TO PAYMENT AS CLAIMED UNDER THE PROVISIONS OF THE REGULATIONS, APPENDIX "A," ARMY DEPARTMENT, CPR T7 SECTION 2 2.3 (C) (1).

THE REGULATION CITED BY YOU IS NOT APPLICABLE TO YOUR CLAIM FOR QUARTERS ALLOWANCE BECAUSE IT CONCERNS THE PAYMENT OF FOREIGN POST DIFFERENTIAL. THE REGULATION APPLICABLE TO QUARTERS ALLOWANCE IS CPR T7.3-2, WHICH IN PERTINENT PART IS QUOTED BELOW:

"A. UNDER THE ACT 26 JUNE 1930 (46 STAT. 818; 5 U.S.C. 118A); SECTION 204, ACT 20 APRIL 1948 (PL 491, 80TH. CONG.; 62 STAT. 194); AND REGULATIONS OF THE STATE DEPARTMENT (SEC. 3, APPENDIX B), FREE LIVING QUARTERS MAY BE FURNISHED, OR AN ALLOWANCE PAID IN LIEU THEREOF, TO CITIZENS, NOT NATIONALS, OF THE UNITED STATES WHO MEET ONE OF THE FOLLOWING CONDITIONS:

"/2) RESIDENCE IN THE AREA PRIOR TO EMPLOYMENT BY THE ARMY ESTABLISHMENT IS FAIRLY ATTRIBUTABLE * * * TO FORMAL STUDY, OR TO TRAVEL.'

THE RECORD SHOWS THAT YOU REMAINED IN EUROPE AND TRAVELED TO SEEK FURTHER EMPLOYMENT WITH A UNITED STATES GOVERNMENT AGENCY. IT IS OUR VIEW THAT THE "TRAVEL" CONTEMPLATED BY THE ABOVE QUOTED REGULATION IS TRAVEL WHICH MAY BE PERFORMED FOR SIGHT-SEEKING OR EDUCATIONAL PURPOSES AS DISTINGUISHED FROM TRAVEL PERFORMED IN THE COURSE OF BUSINESS OR INCIDENT TO SEEKING EMPLOYMENT. WE CONCLUDE, THEREFORE, THAT YOU ARE NOT ELIGIBLE FOR QUARTERS ALLOWANCE UNDER THAT PROVISION OF THE REGULATION.

UPON RECONSIDERATION OF YOUR CLAIM IN THE LIGHT OF THE FOREGOING, WE FIND THAT OUR SETTLEMENT IS CORRECT AND IT IS HEREBY SUSTAINED.