B-174356, NOV 19, 1971

B-174356: Nov 19, 1971

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SINCE THE ADMINISTRATIVE OFFICIAL'S ERROR WAS THE REASON FOR THE LACK OF PRIOR APPROVAL AND SINCE THE APPROVAL WOULD HAVE BEEN GIVEN IF TIMELY APPLICATION HAD BEEN MADE GAO SEES NO OBJECTION TO PERMITTING THE EMPLOYEE TO RETAIN THE LQA SHE WAS PAID FOR THE PERIOD OF OCTOBER 29. COCHRAN WAS TRANSFERRED FROM FRANCE TO TORREJON AIR BASE. THIS SECTION OF THE STANDARDIZED REGULATIONS IS SUPPLEMENTED BY SECTION 5612. WHICH PROVIDES THAT: " *** THE CIVILIAN PERSONNEL OFFICER IS AUTHORIZED *** TO SUBMIT FULLY DOCUMENTED CASES THROUGH COMMAND CHANNELS TO HEADQUARTERS USAF (AFPCPK) FOR PRIOR DECISION WHEN THE CIRCUMSTANCES APPEAR TO JUSTIFY ELIGIBILITY UNDER THE REQUIRED 'MOVE TO ANOTHER AREA' PROVISION IN SECTION 031.12E OF THE STANDARDIZED REGULATIONS *** " DUE TO AN ADMINISTRATIVE ERROR THE APPROVAL OF HEADQUARTERS USAF WAS NOT OBTAINED UNTIL JULY 16.

B-174356, NOV 19, 1971

CIVILIAN EMPLOYEE - LIVING QUARTERS ALLOWANCE DECISION CONCERNING MRS. ANN L. COCHRAN'S ELIGIBILITY FOR LIVING QUARTERS ALLOWANCE (LQA), DURING THE PERIOD OCTOBER 28, 1966, TO JULY 16, 1969, UNDER THE "REQUIRED MOVE TO ANOTHER AREA" PROVISION OF SECTION 031.12D OF STATE DEPARTMENT STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS). SINCE THE ADMINISTRATIVE OFFICIAL'S ERROR WAS THE REASON FOR THE LACK OF PRIOR APPROVAL AND SINCE THE APPROVAL WOULD HAVE BEEN GIVEN IF TIMELY APPLICATION HAD BEEN MADE GAO SEES NO OBJECTION TO PERMITTING THE EMPLOYEE TO RETAIN THE LQA SHE WAS PAID FOR THE PERIOD OF OCTOBER 29, 1966, TO MARCH 8, 1969, AND TO NOW PAYING THE AMOUNT DUE FOR THE PERIOD MARCH 9, 1969, THROUGH JULY 15, 1969.

TO CAPTAIN P. J. POTTS, JR.:

IN YOUR LETTER OF OCTOBER 13, 1971, YOU REQUESTED A DECISION CONCERNING MRS. ANN L. COCHRAN'S ELIGIBILITY FOR LIVING QUARTERS ALLOWANCE (LQA), DURING THE PERIOD OCTOBER 28, 1966, TO JULY 16, 1969.

MRS. COCHRAN WAS TRANSFERRED FROM FRANCE TO TORREJON AIR BASE, SPAIN, IN CONNECTION WITH BASE CLOSURES. THIS TRANSFER ESTABLISHED MRS. COCHRAN'S ELIGIBILITY FOR LQA AS OF OCTOBER 28, 1966, UNDER THE "REQUIRED MOVE TO ANOTHER AREA" PROVISION OF SECTION 031.12D OF STATE DEPARTMENT STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS). THIS SECTION OF THE STANDARDIZED REGULATIONS IS SUPPLEMENTED BY SECTION 5612, PARAGRAPH LI(7)(D) OF AIR FORCE REGULATION AFM 40-1, WHICH PROVIDES THAT:

" *** THE CIVILIAN PERSONNEL OFFICER IS AUTHORIZED *** TO SUBMIT FULLY DOCUMENTED CASES THROUGH COMMAND CHANNELS TO HEADQUARTERS USAF (AFPCPK) FOR PRIOR DECISION WHEN THE CIRCUMSTANCES APPEAR TO JUSTIFY ELIGIBILITY UNDER THE REQUIRED 'MOVE TO ANOTHER AREA' PROVISION IN SECTION 031.12E OF THE STANDARDIZED REGULATIONS *** "

DUE TO AN ADMINISTRATIVE ERROR THE APPROVAL OF HEADQUARTERS USAF WAS NOT OBTAINED UNTIL JULY 16, 1969. THIS LACK OF APPROVAL WAS DISCOVERED DURING A GENERAL AUDIT AND PAYMENT OF LQA WAS STOPPED EFFECTIVE MARCH 9, 1969. HEADQUARTERS USAF SPECIFICALLY DETERMINED THAT THE APPROVAL WOULD HAVE BEEN GIVEN HAD THE REQUEST BEEN MADE PRIOR TO OCTOBER 28, 1966.

SINCE THE ADMINISTRATIVE OFFICIAL'S ERROR WAS THE REASON FOR THE LACK OF PRIOR APPROVAL AND SINCE THE APPROVAL WOULD HAVE BEEN GIVEN IF TIMELY APPLICATION HAD BEEN MADE, WE SEE NO OBJECTION TO PERMITTING THE EMPLOYEE TO RETAIN THE LQA SHE WAS PAID FOR THE PERIOD OF OCTOBER 29, 1966, TO MARCH 8, 1969, AND TO NOW PAYING THE AMOUNT DUE FOR THE PERIOD MARCH 9, 1969, THROUGH JULY 15, 1969.

THE ENCLOSED VOUCHER FOR LQA FOR THE PERIOD OF MARCH 9, 1969, TO JULY 15, 1969, IS RETURNED HEREWITH AND MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.