B-156414, MAY 4, 1965

B-156414: May 4, 1965

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PLATZER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 14. YOU WERE RELIEVED FROM DUTY IN GERMANY AND RETURNED TO THE UNITED STATES FOR SEPARATION PROCESSING BY PARAGRAPH 5. RECEIPTS FURNISHED BY YOU INDICATE THAT YOU WERE IN TRANSIENT BILLETS ON THE NIGHTS OF AUGUST 15 AND 16. IT APPEARS THAT GOVERNMENT MESS WAS AVAILABLE. PARAGRAPH 4303-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF REIMBURSING THE MEMBER FOR THE MORE THAN NORMAL EXPENSE INCURRED AT HOTELS AND HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS OR AFTER SURRENDER OF OTHER PERMANENT LIVING ACCOMMODATIONS.

B-156414, MAY 4, 1965

TO MR. WILLIAM J. PLATZER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 14, 1965, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 11, 1965, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE PERIOD AUGUST 15 TO 21, 1964, INCIDENT TO YOUR SERVICE AS FIRST LIEUTENANT, UNITED STATES ARMY.

YOU WERE RELIEVED FROM DUTY IN GERMANY AND RETURNED TO THE UNITED STATES FOR SEPARATION PROCESSING BY PARAGRAPH 5, SPECIAL ORDERS NO. 113, DATED JUNE 29, 1964, AS AMENDED BY PARAGRAPH 2, SPECIAL ORDERS NO. 126, DATED JULY 17, 1964, AND PARAGRAPH 16, SPECIAL ORDERS NO. 239, DATED AUGUST 26, 1964. IT APPEARS THAT YOU VACATED QUARTERS ON AUGUST 15, 1964. RECEIPTS FURNISHED BY YOU INDICATE THAT YOU WERE IN TRANSIENT BILLETS ON THE NIGHTS OF AUGUST 15 AND 16; AT THE ALPINE INN ON AUGUST 17 AND 18, AND AT THE PARK-HOTEL FRIEDRICHSTRASSE, GIESSEN, GERMANY, ON AUGUST 19, 1964. APPARENTLY, YOU STAYED WITH A FRIEND ON AUGUST 20 AND 21, AND DEPARTED YOUR STATION ON AUGUST 22, 1964. ALSO, IT APPEARS THAT GOVERNMENT MESS WAS AVAILABLE.

SECTION 405 OF TITLE 37, U.S.C. PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER INCIDENTAL EXPENSES. PARAGRAPH 4303-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF REIMBURSING THE MEMBER FOR THE MORE THAN NORMAL EXPENSE INCURRED AT HOTELS AND HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS OR AFTER SURRENDER OF OTHER PERMANENT LIVING ACCOMMODATIONS. COMPARE 33 COMP. GEN. 451.

IN THE SETTLEMENT MENTIONED ABOVE IT WAS STATED THAT TRANSIENT BILLETS AND THE ALPINE INN ARE ESTABLISHMENTS OPERATED BY THE ARMY AND NOT HOTEL- LIKE ACCOMMODATIONS WITHIN THE MEANING OF THE REGULATIONS. IN YOUR PRESENT LETTER YOU SAY YOU STAYED IN THE HOTEL AM BAHNHOF, GIESSEN, GERMANY, FOR 2 DAYS AT A COST OF $3.50 AND EXPRESS THE BELIEF THAT YOU ARE ENTITLED TO PAYMENT OF THE ALLOWANCE IN THAT AMOUNT.

SINCE THE RECORD DOES NOT ESTABLISH THAT YOU LIVED IN A HOTEL OR IN HOTEL -LIKE ACCOMMODATIONS OR ATE IN PUBLIC RESTAURANTS ON AUGUST 15 THROUGH 18, 1964, OR AUGUST 20 AND 21, 1964, THERE IS NO BASIS FOR PAYMENT OF YOUR CLAIM FOR THOSE DAYS. HOWEVER, SINCE IT APPEARS FROM THE RECEIPT DATED AUGUST 19, 1964, THAT YOU PAID FOR LODGING AND BREAKFAST IN A HOTEL ON THAT DATE, YOU ARE ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR 1 DAY. SETTLEMENT FOR THE AMOUNT DUE ON THAT BASIS WILL ISSUE IN DUE COURSE.