B-144899, APR. 24, 1961

B-144899: Apr 24, 1961

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COWAN: REFERENCE IS MADE TO YOUR CORRESPONDENCE DATED JANUARY 10 AND MARCH 7. WHILE YOU WERE ATTACHED TO USA GARRISON. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASON THAT. BECAUSE IT WAS MORE CONVENIENT FOR YOU TO LIVE OFF THE POST RATHER THAN UTILIZE THE QUARTERS AT CAMP DES LOGES. IT APPEARS TO BE YOUR CONTENTION THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU DURING THE PERIOD OF YOUR CLAIM AND FOR THIS REASON WERE NEVER ASSIGNED TO YOU. YOU QUOTE IN SUPPORT OF YOUR CONTENTION FROM THE POST COMMANDER'S INDORSEMENT NO. 1 OF THE FILE ATTACHED TO YOUR ORIGINAL CLAIM THAT "SPACE WILL BE MADE AVAILABLE TO BILLET THE ENLISTED STAFF MEMBER OF THE USAR UNIT SUPERVISOR'S OFFICE IN THE BLOCKHOUSE RATHER THAN CAMP DES LOGES.

B-144899, APR. 24, 1961

TO SERGEANT FIRST CLASS RAYMOND L. COWAN:

REFERENCE IS MADE TO YOUR CORRESPONDENCE DATED JANUARY 10 AND MARCH 7, 1961, REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 28, 1960, DISALLOWING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD OCTOBER 15, 1958, TO SEPTEMBER 16, 1959, WHILE YOU WERE ATTACHED TO USA GARRISON, CAMP DES LOGES, AND ASSIGNED TO DUTY WITH THE OFFICE OF THE UNIT ADVISOR, USAR, PARIS, FRANCE.

YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASON THAT, BECAUSE IT WAS MORE CONVENIENT FOR YOU TO LIVE OFF THE POST RATHER THAN UTILIZE THE QUARTERS AT CAMP DES LOGES, YOU ARRANGED FOR LIVING QUARTERS AT YOUR OWN EXPENSE. IT APPEARS TO BE YOUR CONTENTION THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE TO YOU DURING THE PERIOD OF YOUR CLAIM AND FOR THIS REASON WERE NEVER ASSIGNED TO YOU. YOU QUOTE IN SUPPORT OF YOUR CONTENTION FROM THE POST COMMANDER'S INDORSEMENT NO. 1 OF THE FILE ATTACHED TO YOUR ORIGINAL CLAIM THAT "SPACE WILL BE MADE AVAILABLE TO BILLET THE ENLISTED STAFF MEMBER OF THE USAR UNIT SUPERVISOR'S OFFICE IN THE BLOCKHOUSE RATHER THAN CAMP DES LOGES," WHICH YOU SAY INDICATED A LACK OF SPACE AT THAT TIME. YOU STATE FURTHER THAT, BY FAILING TO MAKE THE SPACE AVAILABLE, IT IS OBVIOUS THAT QUARTERS WERE NOT AVAILABLE.

INFORMATION CONTAINED IN THE ADMINISTRATIVE REPORT SUBMITTED BY THE ARMY IN CONNECTION WITH YOUR CLAIM IS AS FOLLOWS:

"SERVICEMAN WAS ATTACHED TO HQDET, USA GARRISON, CAMP DES LOGES APO 128 FOR RATIONS, QUARTERS, ADMINISTRATION AND TRAINING: AND ASSIGNED TO DUTY WITH THE OFFICE OF THE UNIT ADVISOR, USAR, PARIS, FRANCE, EFFECTIVE 15 OCT 58.

"SERVICEMAN HAD TO BE AVAILABLE AT ANY TIME AS AN ENLISTED STAFF MEMBER IN ADDITION TO HIS REGULAR DUTIES. THE DISTANCE FROM CAMP DES LOGES TO HIS PLACE OF DUTY WOULD MAKE IT DIFFICULT FOR ANYONE TO COMMUTE BACK AND FORTH NUMEROUS TIMES A DAY. QUARTERS WERE NOT AVAILABLE AT THE SIGNAL BLOCKHOUSE, NEAR HIS PLACE OF EMPLOYMENT, THEREFORE; HE RENTED AN APARTMENT AT HIS OWN EXPENSE.

"REQUEST WAS MADE TO THE SEINE AREA COMMAND, APO 163, TO PERMIT "OFF- POST" LIVING FOR THESE ENLISTED STAFF MEMBERS. THE REPLY WAS THAT SPACE WILL BE MADE AVAILABLE AT THE SIGNAL BLOCKHOUSE RATHER THAN AT CAMP DES LOGES, HOWEVER, SPACE WAS AVAILABLE TO CLAIMANT. * * *"

SIXTH INDORSEMENT TO YOUR CLAIM CONTAINS A STATEMENT FROM HEADQUARTERS SEINE AREA COMMAND, AS FOLLOWS:

"IT HAS BEEN DETERMINED THAT ENTITLEMENT DOES NOT EXIST INASMUCH AS QUARTERS WERE AVAILABLE AT CAMP DES LOGES. INASMUCH AS EM LIVED OFF POST WITHOUT PERMISSION BEING GRANTED BY THIS HEADQUARTERS PAYMENT OF THIS CLAIM DOES NOT APPEAR JUSTIFIABLE.'

FIRST INDORSEMENT TO YOUR ORIGINAL CLAIM, DATED SEPTEMBER 23, 1958, ADDRESSED TO THE COMMANDING GENERAL, U.S. ARMY COM Z, EUROPE, APO 58, U.S. FORCES, BY THE HEADQUARTERS SEINE AREA COMMAND, U.S. ARMY COM Z, PARIS, APO 163, U.S. FORCES, STATED AS FOLLOWS:

"1. SPACE WILL BE MADE AVAILABLE TO BILLET THE ENLISTED STAFF MEMBER OF THE USAR UNIT ADVISOR'S OFFICE IN THE BLOCKHOUSE RATHER THAN AT CAMP DES LOGES. THE BLOCKHOUSE HAS LIMITED SPACE FOR ENLISTED PERSONNEL GOVERNMENT BILLETS. THE LOCATION IS IN WALKING DISTANCE TO RUE MARBEUF.

"2. FOR YOUR INFORMATION, IT IS POINTED OUT THAT SOME ACCOMPANIED ENLISTED PERSONNEL ENTITLED TO LIVE "OFF-POST" DRIVE FROM 15 TO 30 MILES TO THEIR DUTY STATION.'

IT APPEARS FROM THE FOREGOING THAT GOVERNMENT QUARTERS WERE AVAILABLE DURING THE PERIOD OF YOUR CLAIM AND WOULD HAVE BEEN ASSIGNED BUT FOR THE FACT THAT YOU WERE LIVING OFF-POST WITHOUT PERMISSION.

HOWEVER THAT MAY BE AND WHATEVER THE REASON YOU WERE NOT ASSIGNED QUARTERS, AS YOU WERE ADVISED IN THE SETTLEMENT OF NOVEMBER 28, 1960, PARAGRAPH 5-14, ARMY REGULATIONS 37-104, PROVIDES THAT AUTHORIZATION FOR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS IS REQUIRED BEFORE PAYMENT MAY BE MADE, WHICH AUTHORIZATION WILL BE ISSUED CONTEMPORANEOUSLY AFTER DETERMINATION IS MADE THAT QUARTERS ARE NOT AVAILABLE OR THAT IT IS IMPRACTICABLE FOR QUARTERS TO BE FURNISHED BY THE GOVERNMENT, AND THAT THE DETERMINATION BY THE COMMANDING OFFICER IS CONCLUSIVE OF THE RIGHTS OF THE INDIVIDUAL CONCERNED. PAYMENT OF THE QUARTERS ALLOWANCE IN YOUR CASE WAS NOT CONTEMPORANEOUSLY AUTHORIZED IN ACCORDANCE WITH THE REGULATIONS AND UNDER SUCH CIRCUMSTANCES PAYMENT OF THE CLAIM IS NOT AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF NOVEMBER 28, 1960, DISALLOWING YOUR CLAIM, IS SUSTAINED.