B-160873, MAR. 21, 1967

B-160873: Mar 21, 1967

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SIMONE: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30. IN ADDITION TO YOUR BASIC PAY FOR 22 DAYS YOU WERE PAID MILEAGE FOR TRAVEL FROM YOUR HOME. SINCE GOVERNMENT QUARTERS WERE NOT AVAILABLE AND YOU PAID FOR QUARTERS IN COMMERCIAL FACILITIES YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT OF THE COST INCURRED. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 29. WHILE YOUR ORDERS DID NOT STATE WHETHER QUARTERS WERE AVAILABLE AT THE SPRINGFIELD SUBSECTOR COMMAND. BY THE SEMINOR ADMINISTRATOR STATES THAT GOVERNMENT BILLETING FACILITIES WERE NOT AVAILABLE. YOU WERE PAID AN ALLOWANCE FOR QUARTERS FOR SELF AND DEPENDENTS FOR THE DUTY AT SPRINGFIELD AND SINCE YOU WERE NOT IN A TRAVEL STATUS NO FURTHER AMOUNT IS LEGALLY PAYABLE TO YOU.

B-160873, MAR. 21, 1967

TO SFC JOSEPH F. SIMONE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30, 1967, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 29, 1966, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF BILLETING EXPENSES INCURRED WHILE PERFORMING ACTIVE DUTY TRAINING AS AN ARMY RESERVIST AT SPRINGFIELD, MASSACHUSETTS, DURING THE PERIOD APRIL 11 TO MAY 2, 1966.

PURSUANT TO LETTER ORDER 03-123 ISSUED ON MARCH 11, 1966, BY DEPARTMENT OF THE ARMY, HEADQUARTERS XIII, U.S. ARMY CORPS, FORT DEVENS, MASSACHUSETTS, YOU PERFORMED ACTIVE DUTY FOR TRAINING FOR 22 DAYS WITH NATIONAL SECURITY SEMINAR ADMINISTRATOR AT THE SPRINGFIELD SUBSECTOR COMMAND, SPRINGFIELD, MASSACHUSETTS. IN ADDITION TO YOUR BASIC PAY FOR 22 DAYS YOU WERE PAID MILEAGE FOR TRAVEL FROM YOUR HOME, PROVIDENCE, RHODE ISLAND, TO SPRINGFIELD AND RETURN, AN ALLOWANCE FOR SUBSISTENCE AT $2.57 PER DAY AND A QUARTERS ALLOWANCE WITH DEPENDENTS AT THE RATE OF $114.90 PER MONTH ($84.26). THIS CONSTITUTED YOUR TOTAL ENTITLEMENT TO PAY AND ALLOWANCES FOR THE DUTY PERFORMED. HOWEVER, SINCE GOVERNMENT QUARTERS WERE NOT AVAILABLE AND YOU PAID FOR QUARTERS IN COMMERCIAL FACILITIES YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT OF THE COST INCURRED.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 29, 1966, FOR THE REASON THAT, WHILE YOUR ORDERS DID NOT STATE WHETHER QUARTERS WERE AVAILABLE AT THE SPRINGFIELD SUBSECTOR COMMAND, AND A CERTIFICATE DATED MAY 21, 1966, BY THE SEMINOR ADMINISTRATOR STATES THAT GOVERNMENT BILLETING FACILITIES WERE NOT AVAILABLE, YOU WERE PAID AN ALLOWANCE FOR QUARTERS FOR SELF AND DEPENDENTS FOR THE DUTY AT SPRINGFIELD AND SINCE YOU WERE NOT IN A TRAVEL STATUS NO FURTHER AMOUNT IS LEGALLY PAYABLE TO YOU.

IN YOUR PRESENT LETTER YOU SAY THAT THE ORDER FORMAT PRESCRIBED BY THE DEPARTMENT OF THE ARMY FOR ORDERS TO ACTIVE DUTY (PAGE 123, TRANSACTION CODE 145, ARMY REGULATIONS 310-10) DOES NOT REQUIRE A STATEMENT WHETHER OR NOT QUARTERS ARE AVAILABLE. YOU SAY THE CERTIFICATE OF NON-AVAILABILITY DATED MAY 2, 1966, WAS ISSUED AT THE END OF YOUR TOUR FOR THE PURPOSE OF DOCUMENTING YOUR CLAIM, BUT THAT THE SETTLEMENT INTERPRETED THE CERTIFICATE AS STATING A FACT KNOWN TO YOU PRIOR TO ENTERING ON ACTIVE DUTY. ON THE BASIS THAT YOU WERE ENTITLED TO THE ALLOWANCE FOR QUARTERS FOR DEPENDENTS WHETHER YOUR DEPENDENTS WERE RESIDING WITH YOU OR NOT, THAT THE ALLOWANCE IS PROVIDED SO THEY MAY MAINTAIN QUARTERS WHILE YOU ARE ON ACTIVE DUTY, AND THAT YOU WERE INFORMED QUARTERS WOULD BE AVAILABLE, YOU URGE THAT YOU SHOULD BE REIMBURSED FOR THE BILLETING EXPENSES REGARDLESS OF WHETHER YOU WERE IN A TRAVEL STATUS AT SPRINGFIELD.

SPRINGFIELD WAS YOUR DESIGNATED POST OF DUTY AND AS EXPLAINED ABOVE YOU HAVE BEEN PAID ALL THE PAY AND ALLOWANCES AUTHORIZED BY LAW FOR A MEMBER OF YOUR GRADE PERFORMING DUTY AT HIS DESIGNATED POST OF DUTY. IN THE ABSENCE OF FAMILY SEPARATION ALLOWANCE ENTITLEMENTS A MEMBER MAY NOT RECEIVE AN ALLOWANCE FOR QUARTERS FOR HIMSELF IN ADDITION TO THE ALLOWANCE FOR HIMSELF AND DEPENDENTS.

SECTION 404 OF TITLE 37 U.S. CODE, PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS UPON A CHANGE OF STATION, OR OTHERWISE, OR "WHEN AWAY FROM THEIR DESIGNATED POSTS OF DUTY," REGARDLESS OF THE LENGTH OF TIME INVOLVED. SECTION 411 (C) OF TITLE 37 U.S. CODE, AUTHORIZES THE SECRETARIES CONCERNED TO DETERMINE WHAT SHALL CONSTITUTE A "TRAVEL STATUS.' PARAGRAPH M6001 OF THE JOINT TRAVEL REGULATIONS AUTHORIZES TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF RESERVE COMPONENTS CALLED OR ORDERED TO ACTIVE DUTY FOR TRAINING WITH PAY. HOWEVER, THAT PARAGRAPH SPECIFICALLY PROVIDES THAT "NO TRAVEL PER DIEM ALLOWANCES ARE PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION" AND SPRINGFIELD WAS YOUR TRAINING DUTY STATION.

ANY ERRONEOUS ADVICE YOU MAY HAVE RECEIVED FROM ARMY PERSONNEL AS TO THE AVAILABILITY OF QUARTERS AT SPRINGFIELD WOULD NOT AFFORD A BASIS FOR THE PAYMENT OF YOUR CLAIM CONTRARY TO LAW.