B-167869, JAN. 5, 1970

B-167869: Jan 5, 1970

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AIR FORCE DETERMINATION DENYING REQUEST OF EMPLOYEE FOR QUARTERS ALLOWANCE BECAUSE OF TRANSFER FROM STUTTGART TO WIESBADEN WAS WITHIN SCOPE OF AIR FORCE DISCRETIONARY AUTHORITY AND THEREFORE THERE IS NO BASIS FOR ALLOWANCE OF CLAIM. YOU URGE THAT IN ACCORDANCE WITH THE STANDARDIZED REGULATIONS SECTION 031.12E YOU ARE ENTITLED TO THE LIVING QUARTERS ALLOWANCE CLAIMED BECAUSE YOUR EMPLOYMENT BY THE AIR FORCE REQUIRED YOU TO MOVE FROM STUTTGART. SECTION 031.12 IS IN PART AS FOLLOWS: "QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 MAY BE GRANTED TO EMPLOYEES RECRUITED OUTSIDE THE UNITED STATES. THE EMPLOYEE WAS REQUIRED BY THAT AGENCY TO MOVE TO ANOTHER AREA. ADHERES TO ITS POSITION DENYING YOUR REQUEST FOR A GRANT OF A QUARTERS ALLOWANCE AND ADVISES YOU WERE TOLD AT THE TIME OF YOUR SELECTION THAT NO QUARTERS ALLOWANCE WOULD BE PAID TO YOU.

B-167869, JAN. 5, 1970

CIVIL PAY--QUARTERS ALLOWANCE DECISION TO AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES SUSTAINING DISALLOWANCE OF CLAIM OF CIVILIAN EMPLOYEE OF AIR FORCE FOR LIVING QUARTERS ALLOWANCE. AIR FORCE DETERMINATION DENYING REQUEST OF EMPLOYEE FOR QUARTERS ALLOWANCE BECAUSE OF TRANSFER FROM STUTTGART TO WIESBADEN WAS WITHIN SCOPE OF AIR FORCE DISCRETIONARY AUTHORITY AND THEREFORE THERE IS NO BASIS FOR ALLOWANCE OF CLAIM.

TO MR. DAVID W. CAMPBELL:

WE REFER TO YOUR LETTERS OF AUGUST 28 AND NOVEMBER 17, 1969, RELATIVE TO YOUR CLAIM FOR LIVING QUARTERS ALLOWANCE FOR THE PERIOD JULY 1, 1968, TO MARCH 19, 1969, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

YOU URGE THAT IN ACCORDANCE WITH THE STANDARDIZED REGULATIONS SECTION 031.12E YOU ARE ENTITLED TO THE LIVING QUARTERS ALLOWANCE CLAIMED BECAUSE YOUR EMPLOYMENT BY THE AIR FORCE REQUIRED YOU TO MOVE FROM STUTTGART, GERMANY, TO WIESBADEN, GERMANY.

SECTION 031.12 IS IN PART AS FOLLOWS:

"QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 MAY BE GRANTED TO EMPLOYEES RECRUITED OUTSIDE THE UNITED STATES, PROVIDED THAT

"E. AS A CONDITION OF EMPLOYMENT BY A GOVERNMENT AGENCY, THE EMPLOYEE WAS REQUIRED BY THAT AGENCY TO MOVE TO ANOTHER AREA, IN CASES SPECIFICALLY AUTHORIZED BY THE HEAD OF AGENCY."

UNDER SECTION 031.12E YOUR ENTITLEMENT TO THE ALLOWANCE WOULD BE CONTINGENT UPON A SPECIFIC AUTHORIZATION BY THE EMPLOYING AGENCY. THE AIR FORCE, AFTER A FULL REVIEW OF YOUR CASE, ADHERES TO ITS POSITION DENYING YOUR REQUEST FOR A GRANT OF A QUARTERS ALLOWANCE AND ADVISES YOU WERE TOLD AT THE TIME OF YOUR SELECTION THAT NO QUARTERS ALLOWANCE WOULD BE PAID TO YOU. OUR OFFICE FINDS NO BASIS IN THE RECORD FOR VIEWING THE AIR FORCE ACTION AS BEING OUTSIDE THE SCOPE OF ITS DISCRETIONARY AUTHORITY.