B-144462, MAR. 7, 1961

B-144462: Mar 7, 1961

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YOUR LETTER STATES THAT YOUR CLAIM WAS FOR THE PERIOD MARCH 4 TO SEPTEMBER 15. THE DATE YOUR REQUEST FOR AUTHORIZED STATUS FOR YOUR DEPENDENT WAS APPROVED BY YOUR COMMANDING GENERAL. SINCE THE APPROVAL WAS STATED TO BE RETROACTIVE TO MARCH 4. THE RECORD INDICATES THAT YOU WERE PROMOTED TO SPECIALIST FOURTH CLASS. AT WHICH TIME YOU DID NOT HAVE A DEPENDENT. YOU WERE MARRIED JANUARY 16. WAS NOT UNTIL YOUR REQUEST OF JULY 13. WAS APPROVED ON JULY 20. THAT YOU WERE GRANTED AUTHORIZED STATUS AS A MEMBER WITH A DEPENDENT. THAT AUTHORIZATION WAS STATED TO BE RETROACTIVE TO MARCH 4. WAS FORWARDED TO THIS OFFICE FOR SETTLEMENT. YOUR CLAIM WAS ALLOWED ONLY FOR THE PERIOD JULY 20 TO SEPTEMBER 15.

B-144462, MAR. 7, 1961

TO MR. KENNETH G. SABE:

THERE HAS BEEN REFERRED TO US YOUR LETTER OF AUGUST 23, 1960, TO THE DEPARTMENT OF THE ARMY IN WHICH YOU ACKNOWLEDGED RECEIPT OF A CHECK FOR $40.60, THE AMOUNT ALLOWED BY OUR SETTLEMENT OF AUGUST 9, 1960, INCIDENT TO YOUR CLAIM FOR STATION HOUSING ALLOWANCES AS FOR AN ENLISTED MEMBER, E- 4, WITH A DEPENDENT, WHILE AT YOUR DUTY STATION AT OAHU, HAWAII. YOUR LETTER STATES THAT YOUR CLAIM WAS FOR THE PERIOD MARCH 4 TO SEPTEMBER 15, 1959, BUT THE SETTLEMENT COVERED THE PERIOD FROM JULY 20, 1959, THE DATE YOUR REQUEST FOR AUTHORIZED STATUS FOR YOUR DEPENDENT WAS APPROVED BY YOUR COMMANDING GENERAL. SINCE THE APPROVAL WAS STATED TO BE RETROACTIVE TO MARCH 4, 1959, YOU REQUEST AN EXPLANATION AS TO THE REASON FOR NONPAYMENT FOR THE RETROACTIVE PERIOD. ALSO THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 11, 1961, CONCERNING THE MATTER.

THE RECORD INDICATES THAT YOU WERE PROMOTED TO SPECIALIST FOURTH CLASS, E -4, APRIL 22, 1958, WHILE AT SCHOFIELD BARRACKS, OAHU, HAWAII, AT WHICH TIME YOU DID NOT HAVE A DEPENDENT. YOU WERE MARRIED JANUARY 16, 1959, AND YOUR WIFE, WITHOUT PRIOR AUTHORIZATION BY COMPETENT AUTHORITY, TRAVELED TO YOUR STATION BY COMMERCIAL TRANSPORTATION, ARRIVING ON MARCH 4, 1959. WAS NOT UNTIL YOUR REQUEST OF JULY 13, 1959, WAS APPROVED ON JULY 20, 1959, BY THE COMMANDING GENERAL, USAR HAW/25TH INF.DIV., THAT YOU WERE GRANTED AUTHORIZED STATUS AS A MEMBER WITH A DEPENDENT. THAT AUTHORIZATION WAS STATED TO BE RETROACTIVE TO MARCH 4, 1959. YOUR CLAIM FOR STATION HOUSING ALLOWANCES WITH A DEPENDENT FOR THE PERIOD MARCH 4 TO SEPTEMBER 15, 1959, WAS FORWARDED TO THIS OFFICE FOR SETTLEMENT, AND BY OFFICE SETTLEMENT DATED AUGUST 9, 1960, YOUR CLAIM WAS ALLOWED ONLY FOR THE PERIOD JULY 20 TO SEPTEMBER 15, 1959. AN EXPLANATION WAS MADE IN THE SETTLEMENT THAT THERE WAS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR THE PERIOD MARCH 4 TO JULY 19, 1959, FOR THE REASON THAT YOUR STATUS WAS AS A MEMBER WITHOUT A DEPENDENT UNTIL JULY 20, 1959, WHEN YOUR COMMANDING GENERAL APPROVED YOUR STATUS AS A MEMBER WITH A DEPENDENT.

GENERALLY, REGULATIONS PROMULGATED TO CARRY OUT THE STATUTORY PROVISIONS RELATIVE TO THE PAYMENT OF PER DIEM AND OTHER ALLOWANCES AUTHORIZED BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, CONTEMPLATE THAT ORDERS AUTHORIZING SUCH ALLOWANCES BE PROSPECTIVE IN NATURE. THEREFORE, EXCEPT TO CORRECT OR COMPLETE THE ORDER TO SHOW THE ORIGINAL INTENT, ORDERS MAY NOT BE GIVEN A RETROACTIVE EFFECT SO AS TO INCREASE OR DECREASE THE RIGHTS WHICH HAVE ACCRUED AND BECAME FIXED. SEE 23 COMP. GEN. 713; 24 ID. 439.

THE THIRD PARAGRAPH OF YOUR REQUEST FOR AUTHORIZED STATUS OF YOUR DEPENDENT, DATED JULY 13, 1959, WAS AS FOLLOWS:

"3. PREVIOUS REQUEST UNDER DATE OF 6 APR 59 WAS RETURNED DISAPPROVED BECAUSE THE UNDERSIGNED HAD LESS THAN FOUR (4) YEARS SERVICE AT TIME OF LAST PCS. INFORMATION CONTAINED IN PARAGRAPH 7A, LETTER, HEADQUARTERS, 25TH INFANTRY DIVISION, OFFICE OF THE FINANCE OFFICER, APO 24, DATED 13 JUL 59 AND PARAGRAPH 2 OF DEPARTMENT OF THE ARMY LETTER, SUBJECT, JTR STATION ALLOWANCES, ATTACHED TO ABOVE MENTIONED DIRECTIVE, ELIMINATES JUSTIFICATION TO THE DISAPPROVAL MADE ON REQUEST UNDER DATE OF 6 APR 59.'

HAD YOUR REQUEST OF APRIL 6, 1959, BEEN APPROVED INSTEAD OF DISAPPROVED, IT WOULD APPEAR THAT UNDER THE PROVISIONS OF PARAGRAPH 4301, JOINT TRAVEL REGULATIONS, PAYMENT OF STATION HOUSING ALLOWANCE WOULD HAVE BEEN PAYABLE TO YOU FROM THE TIME OF SUCH APPROVAL. THERE IS NO AUTHORITY HOWEVER FOR THE PAYMENT OF SUCH ALLOWANCE PRIOR TO THE DATE OF THAT ACTION. SINCE THE RECORD DOES NOT SHOW THE DATE OF DISAPPROVAL AND AS SUCH ACTION APPARENTLY WAS TAKEN ON AN ERRONEOUS BASIS, A FURTHER REPORT WAS REQUESTED FROM THE DEPARTMENT OF THE ARMY. EFFORTS BY THE DEPARTMENT OF THE ARMY TO LOCATE A COPY OF YOUR REQUEST OF APRIL 6, 1959, HAVE BEEN UNSUCCESSFUL, BUT IT HAS BEEN ADMINISTRATIVELY REPORTED THAT AN ERROR WAS MADE IN NOT APPROVING YOUR REQUEST AND THE VIEW WAS EXPRESSED THAT YOU ARE ENTITLED TO STATION HOUSING ALLOWANCE COMMENCING APRIL 6, 1959. IN VIEW OF THE CIRCUMSTANCES INVOLVED, IT WILL BE ASSUMED THAT THE ADMINISTRATIVE DISAPPROVAL ACTION WAS TAKEN CONTEMPORANEOUSLY WITH YOUR REQUEST OF APRIL 6, 1959, AND THAT YOU ARE ENTITLED TO STATION HOUSING ALLOWANCE COMMENCING THAT DAY. ACCORDINGLY, WE HAVE INSTRUCTED OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT IN YOUR FAVOR FOR THE PERIOD APRIL 6 THROUGH JULY 19, 1959.