B-159309, JUL. 20, 1966

B-159309, JUL. 20, 1966

TO CAPTAIN BERNICE M. PASCAVAGE, USAF, AN 3113390:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1966, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MARCH 23, 1966, WHICH DISALLOWED YOUR CLAIM FOR THE AMOUNT OF $303, REPRESENTING PER DIEM PAID TO YOU FOR THE PERIOD JANUARY 11 TO MARCH 3, 1962, INCIDENT TO TEMPORARY DUTY PERFORMED AT LOCKBOURNE AIR FORCE BASE, OHIO, AND SUBSEQUENTLY COLLECTED FROM YOU.

BY SPECIAL ORDER NO. T-37, DATED JANUARY 9, 1962, HEADQUARTERS, 2ND BOMBARDMENT WING (SAC), HUNTER AIR FORCE BASE, GEORGIA, YOU WERE DIRECTED TO REPORT TO THE 801ST MEDICAL GROUP, LOCKBOURNE AIR FORCE BASE, OHIO, NOT LATER THAN JANUARY 12, 1962, FOR TEMPORARY DUTY FOR APPROXIMATELY 38 DAYS. THAT ORDER WAS AMENDED BY PARAGRAPH 5 OF SPECIAL ORDER NO. 252, DATED FEBRUARY 21, 1962, SAME HEADQUARTERS, TO SHOW THE PERIOD OF TEMPORARY DUTY AS APPROXIMATELY 53 DAYS. ON THE BASIS OF A CLAIM SUBMITTED BY YOU AFTER THE COMPLETION OF TEMPORARY DUTY AT LOCKBOURNE AIR FORCE BASE, SUPPORTED BY A CERTIFICATE OF NONAVAILABILITY OF QUARTERS AND MESS, YOU WERE PAID THE SUM OF $454.50 ON MARCH 6, 1962, REPRESENTING TRAVEL ALLOWANCE AND PER DIEM IN THE AMOUNT OF $726.40 LESS A TRAVEL ADVANCE PAYMENT OF $271.90. SUBSEQUENTLY IT WAS ADMINISTRATIVELY DETERMINED THAT YOU HAD UTILIZED GOVERNMENT QUARTERS AND THAT THE SUM OF $303 REPRESENTING EXCESS PER DIEM FOR THE PERIOD JANUARY 11 TO MARCH 2, 1962 (DIFFERENCE BETWEEN $12 AND $6 PER DIEM FOR 50 1/2 DAYS), WAS IMPROPERLY PAID TO YOU. COLLECTION OF THAT AMOUNT WAS ACCOMPLISHED ON MARCH 20, 1962.

BY LETTER DATED JULY 26, 1965, YOU PRESENTED A CLAIM FOR THE AMOUNT OF $303 PREVIOUSLY RECOVERED FROM YOU. YOU STATED IN THAT LETTER THAT WHILE AT LOCKBOURNE AIR FORCE BASE YOU VISITED WITH FRIENDS WHO LIVED IN GOVERNMENT QUARTERS AND THAT YOU WERE REQUIRED TO REPAY THE AMOUNT OF $303 BECAUSE OF A MISUNDERSTANDING THAT YOU STAYED AT A "BOQ OR VOQ (WHICH WASN -T AVAILABLE AT THAT TIME).' THE CLAIM, WHICH WAS REFERRED TO OUR CLAIMS DIVISION FOR APPROPRIATE ACTION, WAS DISALLOWED BY SETTLEMENT DATED MARCH 23, 1966, ON THE GROUND THAT THE RECORD INDICATES THAT YOU HAD UTILIZED GOVERNMENT QUARTERS ASSIGNED TO PERSONAL FRIENDS DURING THE PERIOD OF YOUR TEMPORARY DUTY AND, THEREFORE, THE REDUCTION IN YOUR PER DIEM WAS PROPER SINCE SUCH LODGINGS ARE REGARDED AS FURNISHED BY THE GOVERNMENT (7 COMP. GEN. 85 AND 36 COMP. GEN. 459).

YOU SAY IN YOUR LETTER OF MAY 17, 1966, THAT DURING YOUR TEMPORARY DUTY AT LOCKBOURNE AIR FORCE BASE YOU RESIDED OFF BASE, BUT ON SEVERAL OCCASIONS VISITED PERSONAL FRIENDS ON BASE. YOU ALSO ASSERT THAT YOU DID NOT OCCUPY THE QUARTERS ASSIGNED TO YOUR FRIENDS AND, IN THIS CONNECTION, YOU REQUEST A COPY OF "THE RECORD" WHICH IS TO THE CONTRARY.

OUR FILE CONTAINS A COPY OF DD FORM 1131 "CASH COLLECTION VOUCHER," COPY OF WHICH IS ENCLOSED IN ACCORDANCE WITH YOUR REQUEST, WHICH SHOWS THAT THE AMOUNT OF $303 EXCESS PER DIEM WAS COLLECTED FROM YOU BECAUSE "GOVERNMENT QUARTERS WERE UTILIZED.' THAT DOCUMENT DOES NOT SHOW THE CLASS OR TYPE OF QUARTERS UTILIZED BY YOU DURING THE PERIOD OF YOUR TEMPORARY DUTY AT LOCKBOURNE AIR FORCE BASE. IT APPEARS, HOWEVER, THAT UPON A DETERMINATION THAT YOU HAD UTILIZED GOVERNMENT QUARTERS, THE ARMY IN APPLYING THE APPLICABLE REGULATION, PARAGRAPH M4205-5C (2), JOINT TRAVEL REGULATIONS (CHANGE 107, DATED AUGUST 1, 1961), WHICH PROVIDES FOR A PER DIEM ALLOWANCE OF $6 WHEN GOVERNMENT QUARTERS ARE AVAILABLE OR UTILIZED BY THE MEMBER, RECOVERED THE DIFFERENCE BETWEEN THE RATES OF $12 PAID TO YOU AND $6 TO WHICH YOU WERE ENTITLED ON THE BASIS THAT YOU OCCUPIED GOVERNMENT QUARTERS DURING THE PERIOD INVOLVED.

YOUR STATEMENT THAT YOU DID NOT OCCUPY THE QUARTERS ASSIGNED TO YOUR FRIENDS IS AT VARIANCE WITH THE INFORMATION CONTAINED ON THE DD FORM 1131, MENTIONED ABOVE, WHICH YOU INDICATE WAS BASED ON YOUR STATEMENTS. WHERE THERE IS A CONFLICT BETWEEN THE FACTS AS ADMINISTRATIVELY REPORTED AND THOSE STATED BY A CLAIMANT, IT HAS LONG BEEN THE ESTABLISHED RULE OF THIS OFFICE TO ACCEPT THE FACTS ADMINISTRATIVELY REPORTED AS CONTROLLING IN THE DISPOSITION OF CLAIMS, IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT THE OFFICIAL RECORDS ARE IN ERROR. SEE 16 COMP. GEN. 325; 19 ID. 88; 37 ID. 568 AND 38 ID. 527. THE PRESENT RECORD DOES NOT AFFORD A SUFFICIENT BASIS TO CONCLUDE, CONTRARY TO THE ADMINISTRATIVE DETERMINATION, THAT YOU DID NOT OCCUPY GOVERNMENT QUARTERS DURING ANY PORTION OF THE PERIOD AND THE SETTLEMENT OF MARCH 23, 1966, IS SUSTAINED.

WE WILL GIVE FURTHER CONSIDERATION TO YOUR CLAIM, HOWEVER, IF YOU FURNISH AN EXPLANATION AS TO THE QUARTERS WHICH YOU OCCUPIED DURING THE PERIOD OF YOUR TEMPORARY DUTY, SUPPORTED BY ANY DOCUMENTARY EVIDENCE AVAILABLE SUCH AS MOTEL OR HOTEL RECEIPTS. THE STATEMENT SHOULD INCLUDE INFORMATION AS TO WHETHER YOU STAYED OVERNIGHT WITH FRIENDS RESIDING IN GOVERNMENT QUARTERS DURING SUCH PERIOD, GIVING THE DATES OR NUMBER OF NIGHTS IF SUCH LODGING WAS UTILIZED.