B-166668, JUN. 3, 1969

B-166668: Jun 3, 1969

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OF YOUR CLAIM FOR QUARTERS ALLOWANCE WHILE YOU WERE ON DUTY IN MUNICH. FROM YOUR LETTER AND THE RELATED DOCUMENTATION THE FOLLOWING FACTS ARE PERTINENT TO YOUR CLAIM. DURING THE PERIOD INVOLVED YOU WERE EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AS A RESEARCH PHYSICIST AND TEMPORARILY ASSIGNED FROM YOUR PERMANENT DUTY STATION. WHERE YOU PERFORMED REGULAR AIR FORCE DUTIES FOR WHICH YOU WERE PAID IN THE USUAL MANNER. ADMINISTRATIVE DETERMINATION WAS MADE THAT YOUR WORK WHICH INCLUDED COOPERATION WITH SEVERAL MAX-PLANCK-INSTITUTE SCIENTISTS COULD BE MORE EFFECTIVELY ACCOMPLISHED IN MUNICH THAN AT THE SACRAMENTO PEAK OBSERVATORY . ALL OF YOUR TRAVEL EXPENSES WERE PAID BY THE MAX-PLANCK INSTITUTE AND APPARENTLY NO TEMPORARY DUTY OR CHANGE OF STATION ORDERS WERE ISSUED.

B-166668, JUN. 3, 1969

TO DR. GEORGE W. SIMON:

YOUR LETTER OF MARCH 26, 1969, REQUESTS RECONSIDERATION OF OUR DISALLOWANCE ON APRIL 26, 1968, OF YOUR CLAIM FOR QUARTERS ALLOWANCE WHILE YOU WERE ON DUTY IN MUNICH, GERMANY, FROM AUGUST 1, 1965, TO AUGUST 31, 1966.

FROM YOUR LETTER AND THE RELATED DOCUMENTATION THE FOLLOWING FACTS ARE PERTINENT TO YOUR CLAIM. DURING THE PERIOD INVOLVED YOU WERE EMPLOYED BY THE DEPARTMENT OF THE AIR FORCE AS A RESEARCH PHYSICIST AND TEMPORARILY ASSIGNED FROM YOUR PERMANENT DUTY STATION, SUNSPOT, NEW MEXICO, TO THE MAX -PLANCK-INSTITUTE IN MUNICH, GERMANY, WHERE YOU PERFORMED REGULAR AIR FORCE DUTIES FOR WHICH YOU WERE PAID IN THE USUAL MANNER. ADMINISTRATIVE DETERMINATION WAS MADE THAT YOUR WORK WHICH INCLUDED COOPERATION WITH SEVERAL MAX-PLANCK-INSTITUTE SCIENTISTS COULD BE MORE EFFECTIVELY ACCOMPLISHED IN MUNICH THAN AT THE SACRAMENTO PEAK OBSERVATORY -- HENCE THE TEMPORARY ASSIGNMENT TO MUNICH. ALL OF YOUR TRAVEL EXPENSES WERE PAID BY THE MAX-PLANCK INSTITUTE AND APPARENTLY NO TEMPORARY DUTY OR CHANGE OF STATION ORDERS WERE ISSUED.

YOU SAY THAT THE ACCEPTANCE OF THE MAX-PLANCK OFFER ON TRAVEL HAS SAVED THE AIR FORCE THAT EXPENSE BUT UNFORTUNATELY AND QUITE UNINTENTIONALLY HAS DEPRIVED YOU OF ANY QUARTERS ALLOWANCE.

THE REGULATIONS PERTAINING TO ALLOWANCES AND DIFFERENTIALS IN FOREIGN AREAS APPLICABLE TO AIR FORCE PERSONNEL ARE SET FORTH IN THE AIR FORCE MANUAL AND THE STATE DEPARTMENT STANDARDIZED REGULATIONS. SEE SECTIONS 5611-5615, AFM 40-1. SECTION 5612 OF AFM 40-1 PROVIDES THAT FOREIGN AREA ALLOWANCES WHICH INCLUDE QUARTERS ALLOWANCE ARE FOR THE PURPOSE OF U.S. GOVERNMENT EMPLOYMENT AT A PERMANENT DUTY POST IN A FOREIGN AREA. THERE IS NO ENTITLEMENT TO SUCH ALLOWANCES WHILE ON TEMPORARY DUTY. THIS IS SO BECAUSE ORDINARILY AN EMPLOYEE ON TEMPORARY DUTY IS AUTHORIZED A PER DIEM IN LIEU OF SUBSISTENCE FOR THE PURPOSE OF REIMBURSING HIM FOR COSTS OF MEALS AND QUARTERS.

SINCE THERE IS NO RECORD THAT YOUR PERMANENT DUTY STATION WAS CHANGED TO MUNICH OR WAS SO INTENDED WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR SETTLEMENT ACTION OF APRIL 26, 1968, DISALLOWING YOUR CLAIM.