B-149446, AUG. 9, 1962

B-149446: Aug 9, 1962

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RODRIGUEZ: REFERENCE IS MADE TO YOUR LETTER OF JULY 4. IT APPEARS THAT YOU WERE PERFORMING DUTY WITH THE 7504TH AU. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. ENLISTED MEMBERS WITHOUT DEPENDENTS WERE ENTITLED TO A STATION SUBSISTENCE PER DIEM ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE. AN ENLISTED MAN ON DUTY OUTSIDE THE UNITED STATES WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM ALLOWANCE PURPOSES UNLESS HIS DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION.'. WAS SUBMITTED AS EVIDENCE THAT GOVERNMENT MESSES WERE NOT AVAILABLE TO YOU AS A MEMBER WITHOUT DEPENDENTS. IT WOULD HAVE BEEN NECESSARY THAT YOUR DEPENDENTS ACTUALLY LIVED WITH YOU IN THE SAME HOUSEHOLD AT OR NEAR YOUR DUTY STATION WHILE YOU WERE AT CAMP TORTUGUERO.

B-149446, AUG. 9, 1962

TO MR. CELESTINO R. RODRIGUEZ:

REFERENCE IS MADE TO YOUR LETTER OF JULY 4, 1962, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 11, 1962, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD JANUARY 21 THROUGH APRIL 16, 1952, INCIDENT TO YOUR SERVICE AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY WHILE STATIONED AT CAMP TORTUGUERO, PUERTO RICO.

IT APPEARS THAT YOU WERE PERFORMING DUTY WITH THE 7504TH AU, REPLACEMENT TRAINING CENTER AT CAMP TORTUGUERO THROUGHOUT THE PERIOD COVERED BY YOUR CLAIM. WHILE YOU STATE THAT YOU RECEIVED BASIC ALLOWANCE FOR QUARTERS IN ARREARS FOR YOUR PARENTS, BUT DID NOT GET PAID SUBSISTENCE ALLOWANCE WHILE AT CAMP TORTUGUERO, NOTHING IN THE RECORD BEFORE US SHOWS THAT YOUR PARENTS RESIDED WITH YOU DURING THE PERIOD JANUARY 21, THROUGH APRIL 16, 1952.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. UNDER PARAGRAPH 4300 OF THOSE REGULATIONS, AS THEN IN EFFECT, ENLISTED MEMBERS WITHOUT DEPENDENTS WERE ENTITLED TO A STATION SUBSISTENCE PER DIEM ONLY FOR PERIODS WHEN GOVERNMENT MESSES WERE NOT AVAILABLE, BASED ON THE COMMANDING OR OTHER APPROPRIATE OFFICER'S CERTIFICATION OF NONAVAILABILITY. UNDER PARAGRAPH 4301-2 OF THE REGULATIONS, AN ENLISTED MAN ON DUTY OUTSIDE THE UNITED STATES WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM ALLOWANCE PURPOSES UNLESS HIS DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION.' NO CERTIFICATION OF YOUR COMMANDING OFFICER, OR OTHER APPROPRIATE OFFICER, WAS SUBMITTED AS EVIDENCE THAT GOVERNMENT MESSES WERE NOT AVAILABLE TO YOU AS A MEMBER WITHOUT DEPENDENTS. CONSEQUENTLY, TO BE ENTITLED TO THE ALLOWANCE CLAIMED, IT WOULD HAVE BEEN NECESSARY THAT YOUR DEPENDENTS ACTUALLY LIVED WITH YOU IN THE SAME HOUSEHOLD AT OR NEAR YOUR DUTY STATION WHILE YOU WERE AT CAMP TORTUGUERO. YOU DO NOT CONTEND, HOWEVER, THAT YOUR DEPENDENTS LIVED WITH YOU DURING THE PERIOD IN QUESTION WHILE ASSIGNED AT CAMP TORTUGUERO AND IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT THEY DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS. ON THE PRESENT RECORD YOUR STATUS, THEREFORE, INSOFAR AS YOUR RIGHT TO THE ALLOWANCE CLAIMED IS CONCERNED, WAS THAT OF AN ENLISTED MEMBER WITHOUT DEPENDENTS. CONSEQUENTLY, SINCE GOVERNMENT MESSES APPARENTLY WERE AVAILABLE TO YOU, YOU ARE NOT ENTITLED TO A STATION SUBSISTENCE PER DIEM UNDER THE REGULATIONS.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JUNE 11, 1962, IS SUSTAINED.