B-145667, JUN. 7, 1961

B-145667, JUN. 7, 1961

TO JOHN H. C. TURNER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1961, REQUESTING REVIEW OF THE SETTLEMENT DATED APRIL 6, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED BY YOU DURING THE PERIOD NOVEMBER 1, 1958, TO JUNE 30, 1959, AS THE ADDITIONAL COST OF QUARTERS FURNISHED YOU BY THE IRANIAN GOVERNMENT WHILE SERVING AS A MEMBER OF THE UNITED STATES MILITARY MISSION WITH THE IMPERIAL IRANIAN GENDARMERIE.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE IN WHICH PARTICULAR REFERENCE WAS MADE TO THE RIGHTS OF OFFICERS WHILE MEMBERS OF THE UNITED STATES MISSION WITH THE IMPERIAL IRANIAN GENDARMERIE. IN YOUR LETTER YOU SAY THAT AS A WARRANT OFFICER YOU WERE TREATED AS AN ENLISTED MAN; THAT THE GENDARMERIE DID PROVIDE AN AMOUNT THAT WAS PAID DIRECT TO LANDLORDS FOR QUARTERS LEASED FOR OFFICERS, WARRANT OFFICERS AND ENLISTED MEN, BUT THAT SUITABLE QUARTERS COULD NOT BE RENTED WITHIN THE ALLOWANCE FOR ENLISTED MEN MAKING IT NECESSARY TO PAY AN ADDITIONAL AMOUNT TO OBTAIN QUARTERS SUITABLE FOR OCCUPANCY.

EFFECTIVE OCTOBER 1, 1949 (THE EFFECTIVE DATE OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802), THE DEPARTMENT OF THE ARMY DISCONTINUED PAYMENT OF RENTAL ALLOWANCE WHICH PREVIOUSLY HAD BEEN PAID MEMBERS OF THE MISSION, NOTWITHSTANDING THEIR CONTEMPORANEOUS OCCUPANCY OF QUARTERS FURNISHED BY IRAN. THIS SECTION WAS TAKEN APPARENTLY IN COMPLIANCE WITH THE PROHIBITION IN SECTION 302 (B) OF THE CAREER COMPENSATION ACT AGAINST PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES ASSIGNED GOVERNMENT QUARTERS ADEQUATE FOR THEMSELVES AND DEPENDENTS AND ON THE PREMISE THAT THE DWELLINGS FURNISHED BY IRAN WERE BEING FURNISHED ON BEHALF OF THE UNITED STATES AND WERE THEREFORE PUBLIC QUARTERS. COMPARE 21 COMP. GEN. 1065. SINCE THE CAREER COMPENSATION ACT OF 1949 CLEARLY CONTEMPLATES THAT THERE SHALL BE NO PAYMENT OF MONEY TO A MEMBER ON ACCOUNT OF QUARTERS WHILE SUCH MEMBER IS ASSIGNED ADEQUATE PUBLIC QUARTERS, WE UNIFORMLY HAVE HELD THAT THERE IS NO PROPER BASIS FOR REIMBURSING THE MEMBERS FOR ANY EXPENSE THAT THEY MAY HAVE INCURRED IN CONNECTION WITH THE QUARTERS PROVIDED BY THE GENDARMERIE. THEREFORE, WHILE YOU MAY HAVE PAID THE LANDLORD AN AMOUNT ABOVE THAT PROVIDED BY THE GENDARMERIE AS RENTAL FOR YOUR QUARTERS, WHICH ADDITIONAL AMOUNT YOU SAY WAS PAID FOR A LATER PERIOD BY THE GENDARMERIE, IT MUST BE CONCLUDED THAT YOU WERE PROVIDED ADEQUATE QUARTERS FOR YOURSELF AND DEPENDENTS WITHIN THE MEANING OF THE LAW AND REGULATIONS. ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF APRIL 6, 1961, MUST BE SUSTAINED.