B-161655, JUL. 28, 1967

B-161655: Jul 28, 1967

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A MEMBER OF THE UNIFORMED SERVICES WHO WAS AUTHORIZED CONCURRENT TRAVEL OF DEPENDENT TO OVERSEAS STATION ON CONDITION THAT THEY RESIDE WITH RELATIVES UNTIL HOUSING IS OBTAINED BUT WHO BEFORE DEPARTURE KNEW THAT HIS DEPENDENTS WOULD BE UNABLE TO RESIDE WITH RELATIVES IS NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR RENTAL OF ACCOMMODATIONS FOR THE DEPENDENT SINCE THE CONDITION THAT THE DEPENDENTS WERE TO RESIDE WITH RELATIVES WAS NOT MET IT CANNOT BE CONSIDERED THAT TRAVEL WAS AUTHORIZED. ALTHOUGH MEMBER WAS INCORRECTLY ADVISED THAT SUITABLE HOUSING OVERSEAS WOULD BE FOUND SUCH ADVICE DOES NOT PROVIDE LEGAL BASIS TO AUTHORIZE PAYMENT. AIR FORCE: FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION OF MAY 17.

B-161655, JUL. 28, 1967

ARMED SERVICES - QUARTERS, ETC. ALLOWANCES - DEPENDENTS - TEMPORARY LODGING DECISION TO AIR FORCE MEMBER CONCERNING CLAIM FOR TEMPORARY LODGING FOR DEPENDENTS AT OVERSEAS STATION. A MEMBER OF THE UNIFORMED SERVICES WHO WAS AUTHORIZED CONCURRENT TRAVEL OF DEPENDENT TO OVERSEAS STATION ON CONDITION THAT THEY RESIDE WITH RELATIVES UNTIL HOUSING IS OBTAINED BUT WHO BEFORE DEPARTURE KNEW THAT HIS DEPENDENTS WOULD BE UNABLE TO RESIDE WITH RELATIVES IS NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR RENTAL OF ACCOMMODATIONS FOR THE DEPENDENT SINCE THE CONDITION THAT THE DEPENDENTS WERE TO RESIDE WITH RELATIVES WAS NOT MET IT CANNOT BE CONSIDERED THAT TRAVEL WAS AUTHORIZED. ALTHOUGH MEMBER WAS INCORRECTLY ADVISED THAT SUITABLE HOUSING OVERSEAS WOULD BE FOUND SUCH ADVICE DOES NOT PROVIDE LEGAL BASIS TO AUTHORIZE PAYMENT.

TO TECHNICAL SERGEANT ROBERTO R. LOPEZ, AF18229658, 81ST CIVIL ENGINEERING SQUADRON, U.S. AIR FORCE:

FURTHER REFERENCE IS MADE TO YOUR COMMUNICATION OF MAY 17, 1967, AND ENCLOSURE, IN EFFECT REQUESTING RECONSIDERATION OF YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR YOUR DEPENDENTS DURING THE PERIOD MAY 1 TO JUNE 12, 1965, WHICH WAS DISALLOWED BY SETTLEMENT DATED MAY 9, 1967.

BY SPECIAL ORDER NO. A-363 DATED MARCH 18, 1965, YOU WERE REASSIGNED FROM THE 817TH CIVIL ENGINEERING SQUADRON, SAC, PEASE AIR FORCE BASE, NEW HAMPSHIRE, TO THE 81ST CIVIL ENGINEERING SQUADRON, USAFE, APO NEW YORK 09755. AS APPROVED BY THE 81ST TACTICAL FIGHTER WING IN MESSAGE GPCA 01341 OF DECEMBER 25, 1964, CONCURRENT TRAVEL OF DEPENDENTS TO YOUR NEW STATION WAS AUTHORIZED. THE MESSAGE OF DECEMBER 25, 1964, APPROVED DEPENDENT TRAVEL PROVIDED YOUR DEPENDENTS RESIDED WITH RELATIVES AT 100 HARRINGTON STREET, CLEETHORPES, ENGLAND, UNTIL YOU OBTAINED HOUSING ON THE LOCAL ECONOMY AND YOU COULD COMPLETE YOUR FULL OVERSEAS TOUR.

THE RECORD SHOWS THAT PRIOR TO YOUR DEPARTURE FROM PEASE AIR FORCE BASE YOU WERE AWARE THAT YOUR DEPENDENTS WOULD NOT BE ABLE TO RESIDE WITH RELATIVES, AS YOU HAD APPARENTLY STATED THEY WOULD IN APPLYING FOR CONCURRENT TRAVEL, AND YOU SUGGESTED THAT YOU SHOULD LEAVE YOUR FAMILY BEHIND UNTIL YOU FOUND SUITABLE QUARTERS. YOU SAY IN YOUR CLAIM THAT YOU WERE ASSURED AT PEASE AIR FORCE BASE, HOWEVER, THAT THIS WAS NOT NECESSARY SINCE THE TEMPORARY LODGING ALLOWANCE WAS DESIGNED TO AID PERSONNEL IN SUCH SITUATIONS. YOU ALSO SAY THAT YOU WERE TOLD WHEN YOU ARRIVED AT YOUR NEW STATION THAT YOU WERE NOT ELIGIBLE FOR TEMPORARY LODGING ALLOWANCE BUT YOU COULD MOVE YOUR FAMILY INTO AN APPROVED HOTEL IN THE BENTWATERS AREA AND LATER MAKE A CLAIM FOR THE ALLOWANCE; HOWEVER, AFTER CHECKING THE COSTS OF KEEPING YOUR FAMILY IN A HOTEL YOU FOUND THAT YOU COULD NOT AFFORD IT AND YOU BOARDED THEM WITH MRS. SPENCER AT CLEETHORPES, LINC.

THE SETTLEMENT OF MAY 9, 1967, DISALLOWED YOUR CLAIM FOR THE REASON THAT THERE WAS NOT A COMPLETE REPORT FROM THE OVERSEAS COMMANDER SHOWING THAT YOU MET ALL OF THE REQUIREMENTS OF PARAGRAPH M4303-2 OF THE JOINT TRAVEL REGULATIONS, PARTICULARLY THAT THE QUARTERS YOU AND YOUR DEPENDENTS OCCUPIED ACTUALLY WERE HOTEL OR HOTEL-LIKE ACCOMMODATIONS. YOU CONTEND IN YOUR LETTER OF MAY 17, 1967, AS A BASIS FOR RECONSIDERATION OF YOUR CLAIM, THAT THE SIGNATURE OF THE CONSOLIDATED BASE PERSONNEL OFFICER ON THE CLAIM VOUCHER SATISFIES THE REQUIREMENT THAT THE OVERSEAS COMMANDER APPROVE ENTITLEMENT TO THE TEMPORARY LODGING ALLOWANCE.

SECTION 405 OF TITLE 37, U.S.C. PROVIDES THAT THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO MEMBERS OF THE UNIFORMED SERVICES UNDER THEIR JURISDICTION AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES, TO SUCH A MEMBER WHO IS ON DUTY OUTSIDE OF THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN PART G OF THE JOINT TRAVEL REGULATIONS.

UNDER THE PROVISIONS OF PARAGRAPH M4300-2-4 OF THE REGULATIONS A MEMBER WHOSE DEPENDENTS ARE NOT AUTHORIZED BY THE APPROPRIATE MILITARY COMMANDER TO BE PRESENT IN THE VICINITY OF THE MEMBER'S OVERSEAS DUTY STATION IS A MEMBER WITHOUT DEPENDENTS FOR PURPOSES OF THE TEMPORARY LODGING ALLOWANCE.

AUTOMATIC CONCURRENT TRAVEL OF DEPENDENTS WAS NOT AUTHORIZED IN YOUR CASE; THE APPROVAL OF THE OVERSEAS COMMANDER WAS REQUIRED. APPROVAL OR DISAPPROVAL OF CONCURRENT TRAVEL WAS CONTINGENT UPON MEETING THE REQUIREMENTS OF AIR FORCE REGULATIONS. SEE GENERALLY CHAPTER 6, AIR FORCE MANUAL 75-4.

PARAGRAPH 3307 OF AIR FORCE MANUAL 75-4 PROVIDES THAT WHEN LIVING ACCOMMODATIONS WITH RELATIVES OF THE SPONSOR OF DEPENDENTS WHO ARE FORMER FOREIGN NATIONALS ARE AVAILABLE IN THE SAME GENERAL AREA TO WHICH THE MILITARY MEMBER IS BEING ASSIGNED, AIR FORCE OVERSEAS MAJOR COMMANDERS MAY APPROVE TRAVEL TO SUCH LOCATIONS WHEN HOUSING IS NOT IMMEDIATELY AVAILABLE AT THE SPONSOR'S DUTY STATION. THIS MAY BE AUTHORIZED FOR A MEMBER OTHERWISE ENTITLED TO TRANSPORTATION OF DEPENDENTS SUBJECT TO CERTAIN RESTRICTIONS INCLUDING THE FOLLOWING: THE SPONSOR INDICATES IN THE CONCURRENT TRAVEL APPLICATION THAT LIVING ACCOMMODATIONS ARE AVAILABLE AT THE HOME OF CLOSE BLOOD RELATIVES OF THE MILITARY SPONSOR OR OF A DEPENDENT WHO IS A FORMER FOREIGN NATIONAL; THAT THE DEPENDENTS WILL REMAIN RESIDING WITH RELATIVES UNTIL LOCAL HOUSING IS AVAILABLE WITHIN THE SPONSOR'S NORMAL HOUSING PRIORITY; AND THAT NORMAL CONCURRENT TRAVEL ORDERS WILL BE ISSUED TO COVER MOVEMENT UNDER THIS SUBPARAGRAPH.

UNDER THESE REGULATIONS THE TRAVEL OF YOUR DEPENDENTS TO YOUR OVERSEAS STATION WAS APPROVED ON THE CONDITION THAT THEY RESIDE WITH RELATIVES AT CLEETHORPES, ENGLAND, UNTIL YOU OBTAINED HOUSING ON THE LOCAL ECONOMY. UNLESS THAT CONDITION WAS MET THEIR TRAVEL WAS NOT AUTHORIZED, A FACT WHICH YOU APPEAR TO HAVE BEEN AWARE OF PRIOR TO THEIR TRAVEL. SINCE THE CONDITION WAS NOT MET, IT MUST BE CONSIDERED THAT THE TRAVEL OF YOUR DEPENDENTS WAS NOT AUTHORIZED UNTIL YOU OBTAINED QUARTERS FOR THEM ON THE LOCAL ECONOMY AND THAT FOR PURPOSES OF THE TEMPORARY LODGING ALLOWANCE, YOU WERE A MEMBER WITHOUT DEPENDENTS AS DEFINED IN PARAGRAPH M4300-2-4 OF THE JOINT TRAVEL REGULATIONS. ACCORDINGLY, YOU ARE NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR DEPENDENTS DURING THE PERIOD OF YOUR CLAIM AND THE SETTLEMENT OF MAY 9, 1967, IS SUSTAINED.

IT IS TO BE REGRETTED THAT YOU MAY HAVE BEEN INCORRECTLY ADVISED AT PEASE AIR FORCE BASE AS TO LEAVING YOUR DEPENDENTS THERE UNTIL YOU FOUND SUITABLE HOUSING OVERSEAS. SUCH ADVICE, HOWEVER, DOES NOT PROVIDE A LEGAL BASIS UPON WHICH WE MAY AUTHORIZE PAYMENT OF YOUR CLAIM CONTRARY TO THE PROVISIONS OF THE REGULATIONS.

AS TO TEMPORARY LODGING ALLOWANCE PAYMENTS IN THE CASE OF OTHER TECHNICAL SERGEANTS, IT IS REPORTED THAT ON JULY 27, 1966, THE BASE COMMANDER AT YOUR OVERSEAS STATION ALTERED HIS POLICY ON CONCURRENT TRAVEL TO AUTHORIZE SUCH TRAVEL WITHOUT RESTRICTION FOR TECHNICAL SERGEANTS. SUCH POLICY WAS NOT IN EFFECT DURING THE PERIOD OF YOUR CLAIM.