B-144811, FEB. 1, 1961

B-144811: Feb 1, 1961

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TO THE SECRETARY OF THE AIR FORCE: REFERENCE IS MADE TO LETTER DATED DECEMBER 8. SUBPARAGRAPH 4303-2B PROVIDES IN PART THAT DEDUCTIONS WILL BE MADE AS PRESCRIBED IN PARAGRAPH 4254. WHEN GOVERNMENT MESS IS AVAILABLE FOR THE MEMBER OR FOR THE MEMBER AND HIS DEPENDENTS. PARAGRAPH 4254 PROVIDES THAT A DEDUCTION OF 15 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE FOR THE DAY WILL BE MADE FOR EACH GOVERNMENT MEAL AVAILABLE TO OR UTILIZED BY ENLISTED MEMBERS. THE PERCENTAGE REDUCTION FOR EACH GOVERNMENT MEAL WAS APPLIED TO THE TRAVEL PER DIEM ALLOWANCE RATE AS AGAINST THE TEMPORARY LODGING ALLOWANCE RATE AND EXCEPTIONS WERE STATED ACCORDINGLY. WHICH WERE REVIEWED BY THE PER DIEM. PROVIDE FOR THE DAILY AMOUNT OF TEMPORARY LODGING ALLOWANCE TO BE REDUCED 15 PERCENT FOR EACH MEAL AVAILABLE IN A GOVERNMENT MESS IT NOW APPEARS THAT THIS METHOD OF COMPUTATION WAS INTENDED AT THE TIME TEMPORARY LODGING ALLOWANCE WAS FIRST PROVIDED FOR BY CHANGE 60.

B-144811, FEB. 1, 1961

TO THE SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER DATED DECEMBER 8, 1960, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE, REQUESTING REMOVAL OF CERTAIN EXCEPTIONS ISSUED AGAINST MILITARY PAY RECORD CREDITS FOR TEMPORARY LODGING ALLOWANCES DURING THE PERIOD JULY 1, 1957 TO AUGUST 1, 1960, AND AUTHORIZATION FOR THE REFUND OF COLLECTIONS MADE FROM MEMBERS ON ACCOUNT OF THESE EXCEPTIONS. THE REQUEST FOR DECISION HAS BEEN ASSIGNED PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE CONTROL NO. 60-40.

PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS PROMULGATED BY CHANGE 60, DATED JULY 1, 1957, AUTHORIZED TEMPORARY LODGING ALLOWANCES FOR CERTAIN PERIODS AND AT CERTAIN RATES BASED UPON PERCENTAGES OF THE APPLICABLE TRAVEL PER DIEM ALLOWANCE WHERE MEMBERS STATIONED OUTSIDE THE UNITED STATES INCUR MORE THAN NORMAL EXPENSES AT HOTELS OR HOTEL LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS. SUBPARAGRAPH 4303-2B PROVIDES IN PART THAT DEDUCTIONS WILL BE MADE AS PRESCRIBED IN PARAGRAPH 4254, WHEN GOVERNMENT MESS IS AVAILABLE FOR THE MEMBER OR FOR THE MEMBER AND HIS DEPENDENTS, IF WITH DEPENDENTS. PARAGRAPH 4254 PROVIDES THAT A DEDUCTION OF 15 PERCENT OF THE TRAVEL PER DIEM ALLOWANCE RATE APPLICABLE FOR THE DAY WILL BE MADE FOR EACH GOVERNMENT MEAL AVAILABLE TO OR UTILIZED BY ENLISTED MEMBERS. AS THE RESULT OF A STRICT INTERPRETATION OF THE PROVISIONS OF SUBPARAGRAPH 4303-2B, THE PERCENTAGE REDUCTION FOR EACH GOVERNMENT MEAL WAS APPLIED TO THE TRAVEL PER DIEM ALLOWANCE RATE AS AGAINST THE TEMPORARY LODGING ALLOWANCE RATE AND EXCEPTIONS WERE STATED ACCORDINGLY.

SINCE REGULATIONS, AS AUTHORIZED BY 4303-1, ISSUED AT VARIOUS TIMES BY THE SERVICES CONCERNED TO IMPLEMENT AND JUDICIOUSLY ADMINISTER THE TEMPORARY ALLOWANCE, WHICH WERE REVIEWED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, AS WELL AS PARAGRAPH 4303-3C, OF THE JOINT TRAVEL REGULATIONS, AS AMENDED BY CHANGE 95, EFFECTIVE AUGUST 1, 1960, PROVIDE FOR THE DAILY AMOUNT OF TEMPORARY LODGING ALLOWANCE TO BE REDUCED 15 PERCENT FOR EACH MEAL AVAILABLE IN A GOVERNMENT MESS IT NOW APPEARS THAT THIS METHOD OF COMPUTATION WAS INTENDED AT THE TIME TEMPORARY LODGING ALLOWANCE WAS FIRST PROVIDED FOR BY CHANGE 60. ACCORDINGLY, INSTRUCTIONS ARE BEING ISSUED TODAY TO REMOVE THE QUESTIONED EXCEPTIONS AND IN THOSE INSTANCES WHERE COLLECTIONS HAVE ALREADY BEEN MADE YOU ARE AUTHORIZED TO MAKE PROPER REFUNDS.