B-164021, AUG. 5, 1968

B-164021: Aug 5, 1968

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JR.: FURTHER REFERENCE IS MADE TO YOUR LETTERS OF APRIL 1 AND JULY 4. YOU WERE RELIEVED FROM THE 76TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC). YOU WERE RELIEVED FROM THE 39TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC). A RESTRICTED AREA TO WHICH YOUR DEPENDENTS WERE NOT PERMITTED TO TRAVEL. THE CLAIM WAS FORWARDED BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER. IT WAS DISALLOWED BECAUSE OF THE LACK OF AN APPROVAL FOR PAYMENT BY THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE AS REQUIRED BY REGULATIONS CITED THEREIN. YOU PRESENT THE QUESTION WHETHER THE FACT THAT YOUR HOME WAS IN HONOLULU. THAT YOUR DEPENDENTS REMAINED THERE DURING YOUR TOUR OF DUTY AT APO 96237 IS RELEVANT IN THIS MATTER.

B-164021, AUG. 5, 1968

TO STAFF SERGEANT HAROLD K. C. HO, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF APRIL 1 AND JULY 4, 1968, CONCERNING YOUR CLAIM FOR STATION ALLOWANCES FOR THE PERIOD MAY 14,1966, TO JUNE 5, 1967, INCIDENT TO YOUR ASSIGNMENT TO A DUTY STATION IN A RESTRICTED AREA.

BY SPECIAL ORDER NO. 27, DATED APRIL 8, 1966, YOU WERE RELIEVED FROM THE 76TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC), APO SAN FRANCISCO 96553, ASSIGNED TO DETACHMENT NO. 1, 37TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC), APO SAN FRANCISCO 96237, AND DIRECTED TO REPORT ON APRIL 28, 1966, TO THE 41ST AEROSPACE RESCUE AND RECOVERY SQUADRON, HAMILTON AIR FORCE BASE, CALIFORNIA, FOR TEMPORARY DUTY. THOSE ORDERS RECITED THAT YOUR WIFE AND TWO MINOR CHILDREN WOULD RESIDE AT A SPECIFIED ADDRESS IN HONOLULU, HAWAII. BY SPECIAL ORDER NO. A-430, DATED MARCH 28, 1967, YOU WERE RELIEVED FROM THE 39TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC), APO SAN FRANCISCO 96237, ASSIGNED TO THE 48TH AEROSPACE RESCUE AND RECOVERY SQUADRON (MAC), EGLIN AIR FORCE BASE, FLORIDA, AND DIRECTED TO PROCEED ON JUNE 18, 1967, TO THE NEW STATION.

THE RECORD SHOWS THAT PURSUANT TO THE ORDERS OF APRIL 8, 1966, YOU DEPARTED FROM YOUR DUTY STATION IN HAWAII FOR APO 96237, A RESTRICTED AREA TO WHICH YOUR DEPENDENTS WERE NOT PERMITTED TO TRAVEL, AND THAT YOU REMAINED THERE UNTIL JUNE 6, 1967. DURING THAT ENTIRE PERIOD, YOUR DEPENDENTS REMAINED IN HAWAII. SUBSEQUENT TO YOUR ASSIGNMENT TO THE 48TH AEROSPACE RESCUE AND RECOVERY SQUADRON, YOU PRESENTED A CLAIM TO THE COMMANDER THEREOF FOR A CONTINUATION OF THE PAYMENT FOR THE PERIOD MAY 14, 1966, TO JUNE 5, 1967, WHILE ON DUTY AT APO 96237, OF THE STATION ALLOWANCES PREVIOUSLY PAID TO YOU AT HICKAM AIR FORCE BASE, HAWAII (APO SAN FRANCISCO 96553).

THE CLAIM WAS FORWARDED BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, TO OUR CLAIMS DIVISION. BY SETTLEMENT DATED MARCH 25, 1968, IT WAS DISALLOWED BECAUSE OF THE LACK OF AN APPROVAL FOR PAYMENT BY THE SECRETARY OF THE AIR FORCE OR HIS DESIGNATED REPRESENTATIVE AS REQUIRED BY REGULATIONS CITED THEREIN.

IN YOUR LETTER OF APRIL 1, 1967, YOU PRESENT THE QUESTION WHETHER THE FACT THAT YOUR HOME WAS IN HONOLULU, HAWAII, AND THAT YOUR DEPENDENTS REMAINED THERE DURING YOUR TOUR OF DUTY AT APO 96237 IS RELEVANT IN THIS MATTER. ALSO, YOU REQUEST THAT ALL DOCUMENTS WHICH YOU FORWARDED HERE BE RETURNED OR PHOTOSTATIC COPIES THEREOF BE FURNISHED IF THEY CANNOT BE RETURNED.

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 THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS.

PARAGRAPH M4305-2A OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF THE ABOVE LAW, PROVIDES THAT A MEMBER ON DUTY OUTSIDE THE UNITED STATES WHOSE DEPENDENTS ARE RESIDING IN THE VICINITY OF HIS PERMANENT DUTY STATION AT THE TIME ORDERS ARE ISSUED REASSIGNING HIM TO A RESTRICTED AREA, AS DEFINED IN PARAGRAPH M1150-17 OF THOSE REGULATIONS, MAY BE AUTHORIZED TO RECEIVE STATION ALLOWANCES FOR HIS OLD DUTY STATION IN THE SAME MANNER AS IF THE MEMBER WERE PRESENT THEREAT FOR DUTY, SUBJECT TO THE FOLLOWING CONDITIONS:

"1. APPROVAL BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE,

"2. DEPENDENTS CONTINUE TO RESIDE IN THE VICINITY OF THE MEMBER'S OLD DUTY STATION FOR THE ENTIRE PERIOD FOR WHICH ALLOWANCES ARE CLAIMED UNDER THIS PARAGRAPH.'

ALSO, PARAGRAPH M4305-8 OF THOSE REGULATIONS STIPULATES THAT ENTITLEMENT TO STATION ALLOWANCES WILL BEGIN WHEN AUTHORIZED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE AND THAT SUCH AUTHORIZATION CANNOT BE MADE EFFECTIVE FOR ANY PERIOD PRIOR TO THE DATE OF ACTUAL APPROVAL.

IMPLEMENTING AIR FORCE REGULATIONS IN EFFECT AT THE TIME OF YOUR REASSIGNMENT TO THE DUTY STATION IN A RESTRICTED AREA WERE CONTAINED IN CHAPTER 10, AIR FORCE MANUAL 177-105 (1964 ED.). PARAGRAPH 11024, EFFECTIVE APRIL 28, 1965, PROVIDED THAT REQUESTS FOR APPROVAL OF STATION ALLOWANCES BE SUBMITTED THROUGH APPROPRIATE CHANNELS TO THE COMMANDER OF THE MAJOR AIR COMMAND AND SPECIFIED WHAT INFORMATION MUST BE INCLUDED IN THE REQUEST. PARAGRAPH 10614 OF THE SUPERSEDING REGULATIONS, AIR FORCE MANUAL 177-105 (1967 ED.), EFFECTIVE FEBRUARY 20, 1967, IS TO THE SAME EFFECT.

UNDER THE ABOVE REGULATIONS PAYMENT OF STATION ALLOWANCES TO A MEMBER OTHERWISE ENTITLED THERETO IS CONDITIONED UPON AN APPROVAL BY THE COMMANDER OF THE MAJOR AIR COMMAND INVOLVED OF AN APPLICATION SUBMITTED BY SUCH MEMBER THROUGH APPROPRIATE CHANNELS. IN THIS CONNECTION, HEADQUARTERS 3201ST AIR BASE GROUP (AFSC), EGLIN AIR FORCE BASE, FLORIDA, ON DECEMBER 29, 1967, REPORTED THAT YOU DID NOT SUBMIT A REQUEST FOR STATION ALLOWANCES ON AN ASSUMPTION THAT THE ORDERS OF APRIL 8, 1966, WHICH RECITED THAT YOUR DEPENDENTS WOULD RESIDE IN HAWAII DURING THE INVOLVED PERIOD CONSTITUTED AUTHORITY FOR THE PAYMENT OF SUCH ALLOWANCES. SUCH ERRONEOUS ASSUMPTION ON YOUR PART, HOWEVER, AFFORDS NO BASIS TO ALLOW YOUR CLAIM. ALSO THE FACT THAT YOUR HOME IS IN HAWAII WHERE YOUR DEPENDENTS REMAINED DOES NOT AFFECT YOUR ENTITLEMENT.

INASMUCH AS IT APPEARS THAT THE REQUIREMENTS OF THE GOVERNING REGULATIONS HAVE NOT BEEN MET, THERE IS NO LEGAL BASIS FOR PAYMENT OF THE STATION ALLOWANCES CLAIMED BY YOU. ACCORDINGLY, THE SETTLEMENT OF MARCH 25, 1968, IS SUSTAINED.

CONCERNING YOUR REQUEST FOR THE RETURN OF THE PAPERS SUBMITTED RELATIVE TO YOUR CLAIM, YOU ARE ADVISED THAT SUCH PAPERS HAVE BECOME PART OF THE PERMANENT RECORD SUPPORTING THE ACTION TAKEN ON YOUR CLAIM AND, THEREFORE, CANNOT BE RETURNED. HOWEVER, WE ARE ENCLOSING COPIES OF SUCH PAPERS.