B-158074, MAR. 22, 1966

B-158074: Mar 22, 1966

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TOLLEFSON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12. YOU WERE AUTHORIZED TO PROCEED FROM THE FUCHU AIR STATION. DUE TO A MISUNDERSTANDING CONCERNING THE NEED FOR A VISA TO ENTER THE PHILIPPINES YOUR DEPARTURE WAS DELAYED UNTIL MARCH 5. DURING THIS TIME YOU WERE BILLETED AT THE OSAKA HOTEL IN TOKYO. WE DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE WAITING PERIOD ON THE GROUND THAT THE TOKYO AIRPORT WAS WITHIN THE SAME AREA AS YOUR OFFICIAL STATION. WAS THE ACT OF JUNE 26. THE BASIC IMPLEMENTING REGULATIONS WERE CONTAINED IN THE DEPARTMENT OF STATE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS. FUEL (INCLUDING GAS AND ELECTRICITY) AS COST ITEMS THAT ARE ALLOWABLE FOR POSSIBLE QUARTERS ALLOWANCE REIMBURSEMENT.

B-158074, MAR. 22, 1966

TO MRS. EUNICE E. TOLLEFSON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12, 1965, CONCERNING YOUR CLAIM FOR LIVING QUARTERS ALLOWANCE FOR THE PERIOD FEBRUARY 27 TO MARCH 5, 1957, AND PER DIEM FOR MARCH 5 AND 6, 1957, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

BY LETTERS OF JANUARY 12 AND MARCH 8, 1966, WE INFORMED YOU THAT BEFORE ACTING ON YOUR CLAIM WE FOUND IT NECESSARY TO REQUEST A REPORT FROM THE DEPARTMENT OF THE AIR FORCE. THAT REPORT HAS NOW BEEN RECEIVED.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION DATED FEBRUARY 19, 1957, YOU WERE AUTHORIZED TO PROCEED FROM THE FUCHU AIR STATION, TOKYO, REPORTING ON OR ABOUT FEBRUARY 25, 1957, FOR AIR TRANSPORTATION TO CLARK AIR BASE, PHILIPPINE ISLANDS, UPON PERMANENT CHANGE OF STATION. YOU REPORTED FOR AIR TRANSPORTATION ON FEBRUARY 27, 1957, HOWEVER, DUE TO A MISUNDERSTANDING CONCERNING THE NEED FOR A VISA TO ENTER THE PHILIPPINES YOUR DEPARTURE WAS DELAYED UNTIL MARCH 5, 1957. DURING THIS TIME YOU WERE BILLETED AT THE OSAKA HOTEL IN TOKYO. BY OFFICE SETTLEMENT OF SEPTEMBER 15, 1965, WE DISALLOWED YOUR CLAIM FOR PER DIEM FOR THE WAITING PERIOD ON THE GROUND THAT THE TOKYO AIRPORT WAS WITHIN THE SAME AREA AS YOUR OFFICIAL STATION, FUCHU AIR BASE.

DURING THE PERIOD IN QUESTION THE AUTHORITY FOR FURNISHING UNITED STATES CIVILIAN EMPLOYEES ON PERMANENT DUTY IN A FOREIGN AREA WITHOUT COST TO THEM GOVERNMENT LIVING QUARTERS INCLUDING HEAT, FUEL, AND LIGHT, OR A QUARTERS ALLOWANCE IN LIEU THEREOF, WAS THE ACT OF JUNE 26, 1930, 46 STAT. 818, 5 U.S.C. 118A. THE BASIC IMPLEMENTING REGULATIONS WERE CONTAINED IN THE DEPARTMENT OF STATE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), IN CHAPTER 230 AND SECTION 215K. SECTION 236.11 LISTS RENT, HEAT, LIGHT, AND FUEL (INCLUDING GAS AND ELECTRICITY) AS COST ITEMS THAT ARE ALLOWABLE FOR POSSIBLE QUARTERS ALLOWANCE REIMBURSEMENT. SECTION 215K DEFINES "RENT" AND EXCLUDES SERVANT'S WAGES OR MAINTENANCE, CLEANING AND ANY OTHER EXTRANEOUS EXPENSES NOT DIRECTLY RELATED TO RENT AS SUCH.

THE ADMINISTRATIVE REPORT SHOWS THAT THE OSAKA HOTEL WHERE YOU STAYED DURING THE PERIOD FEBRUARY 27 TO MARCH 5, 1957, WAS A UNITED STATES GOVERNMENT BILLET WHICH WAS FURNISHED WITHOUT COST. OCCUPANTS OF THOSE BILLETS WERE REQUIRED TO PAY A DAILY "SERVICE CHARGE" FOR SUCH THINGS AS MAID SERVICE AND LINENS. WE ASSUME THAT A SIMILAR CHARGE WAS ALL THAT YOU PAID. THAT SERVICE CHARGE WAS NOT FOR RENT OR UTILITIES OR ANY ITEM THAT WOULD BE AN ALLOWABLE COST FOR POSSIBLE QUARTERS ALLOWANCE REIMBURSEMENT. THEREFORE, WE MUST DENY YOUR CLAIM FOR A LIVING QUARTERS ALLOWANCE FOR THE PERIOD IN QUESTION.

CONCERNING YOUR CLAIM FOR PER DIEM FOR THE TIME IN TRAVELING, MARCH 5 AND 6, 1957, THE RECORD SHOWS THAT YOU LEFT TOKYO INTERNATIONAL AIRPORT MARCH 5, 5:50 P.M., AND ARRIVED AT THE CLARK AIR FORCE BASE AT 7:10 A.M., MARCH 6. TRAVEL WAS PERFORMED BY GOVERNMENT AIRCRAFT. SINCE YOU HAVE NOT BEEN REIMBURSED PER DIEM FOR THE TRAVEL PERIOD IN QUESTION YOU ARE ENTITLED TO 3/4 DAY FOR PER DIEM IN LIEU OF SUBSISTENCE AT THE RATE OF $6 WHILE IN A TRAVEL STATUS BY AIRPLANE.

THEREFORE, A SETTLEMENT IN YOUR FAVOR IN THE AMOUNT OF $4.50 WILL ISSUE IN DUE COURSE.