B-176786, SEP 27, 1972

B-176786: Sep 27, 1972

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SINCE CLAIMANT HAS BEEN UNABLE TO FURNISH AN OFFICIAL STATEMENT THAT HE WAS NOT ASSIGNED TO GOVERNMENT QUARTERS. THE HOUSING ALLOWANCE IS NOT PAYABLE AS THERE HAS BEEN NO SHOWING THAT GOVERNMENT QUARTERS WERE UNAVAILABLE. BUENO: REFERENCE IS MADE TO YOUR LETTER DATED JULY 12. WHICH HAS THE NOTATION THAT ADEQUATE QUARTERS WERE NOT FURNISHED FROM MAY 10. YOU CONTEND THIS WOULD SUBSTANTIATE THE FACT THAT YOU WERE AUTHORIZED TO RESIDE OFF POST. OVERSEAS HOUSING ALLOWANCES ARE PROVIDED BY REGULATIONS PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES UNDER AUTHORITY OF 37 U.S.C. 405. THOSE REGULATIONS ARE CONTAINED IN VOLUME I OF THE JOINT TRAVEL REGULATIONS. PROVIDED THAT HOUSING ALLOWANCES ARE PAYABLE FOR ANY DAY AN UNACCOMPANIED ENLISTED MEMBER FOR WHOM GOVERNMENT QUARTERS ARE NOT AVAILABLE IS AUTHORIZED TO MESS SEPARATELY.

B-176786, SEP 27, 1972

MILITARY PERSONNEL - HOUSING ALLOWANCE DECISION AFFIRMING THE DENIAL OF THE CLAIM OF STAFF SERGEANT MANUEL R. BUENO FOR STATION HOUSING ALLOWANCE FOR A MEMBER WITHOUT DEPENDENTS FOR THE PERIOD JULY 18, 1969, TO AUGUST 14, 1970, WHILE STATIONED IN SEOUL, KOREA. SINCE CLAIMANT HAS BEEN UNABLE TO FURNISH AN OFFICIAL STATEMENT THAT HE WAS NOT ASSIGNED TO GOVERNMENT QUARTERS, THE HOUSING ALLOWANCE IS NOT PAYABLE AS THERE HAS BEEN NO SHOWING THAT GOVERNMENT QUARTERS WERE UNAVAILABLE.

TO STAFF SERGEANT MANUEL R. BUENO:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 12, 1972 REQUESTING RECONSIDERATION OF YOUR CLAIM FOR STATION HOUSING ALLOWANCE FOR A MEMBER WITHOUT DEPENDENTS FOR THE PERIOD JULY 18, 1969, TO AUGUST 14, 1970, WHILE STATIONED IN SEOUL, KOREA. YOU ALSO FURNISHED WITH YOUR LETTER A COPY OF DA FORM 137, INSTALLATION CLEARANCE RECORD, WHICH HAS THE NOTATION THAT ADEQUATE QUARTERS WERE NOT FURNISHED FROM MAY 10, 1970, TO AUGUST 15, 1970. YOU CONTEND THIS WOULD SUBSTANTIATE THE FACT THAT YOU WERE AUTHORIZED TO RESIDE OFF POST.

OVERSEAS HOUSING ALLOWANCES ARE PROVIDED BY REGULATIONS PROMULGATED BY THE SECRETARIES OF THE UNIFORMED SERVICES UNDER AUTHORITY OF 37 U.S.C. 405. THOSE REGULATIONS ARE CONTAINED IN VOLUME I OF THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M4301-3B(3), OF THE JOINT TRAVEL REGULATIONS IN EFFECT IN AUGUST 1969, PROVIDED THAT HOUSING ALLOWANCES ARE PAYABLE FOR ANY DAY AN UNACCOMPANIED ENLISTED MEMBER FOR WHOM GOVERNMENT QUARTERS ARE NOT AVAILABLE IS AUTHORIZED TO MESS SEPARATELY.

YOUR CLAIM WAS DENIED BY THE ARMY FINANCE CENTER FOR THE REASON THAT YOU WERE UNABLE TO FURNISH AN OFFICIAL STATEMENT THAT YOU WERE NOT ASSIGNED GOVERNMENT QUARTERS (AND THUS THAT THEY WERE NOT AVAILABLE) DURING THE PERIOD COVERED BY YOUR CLAIM. IT WAS DISALLOWED FOR THE SAME REASON BY SETTLEMENT OF THIS OFFICE DATED APRIL 26, 1972.

YOU HAVE NOT FURNISHED EVIDENCE FROM OFFICIAL SOURCES SHOWING THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU DURING THE PERIOD CLAIMED. ALSO, THERE IS NO EVIDENCE THAT YOU WERE AUTHORIZED TO MESS SEPARATELY. THE INSTALLATION CLEARANCE RECORD SUBMITTED MERELY INDICATES THAT ADEQUATE QUARTERS WERE NOT FURNISHED FOR THE PERIOD MAY 10 TO AUGUST 15, 1970. DOES NOT STATE THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE. IT IS POSSIBLE THAT GOVERNMENT QUARTERS WERE AVAILABLE BUT BECAUSE YOUR WIFE WAS WITH YOU, AND SHE WAS NOT COMMAND SPONSORED SINCE YOU HAD LESS THAN A YEAR TO REMAIN IN KOREA AFTER HER ARRIVAL, YOU DESIRED TO RESIDE WITH HER OFF POST, RATHER THAN UTILIZE THE ASSIGNED QUARTERS WHICH WOULD NOT INCLUDE QUARTERS FOR DEPENDENTS.

IN THE ABSENCE OF EVIDENCE FROM OFFICIAL SOURCES THAT GOVERNMENT QUARTERS WERE NOT ASSIGNED TO YOU DURING THE PERIOD CLAIMED, THE PRIOR ACTION DISALLOWING YOUR CLAIM IS SUSTAINED.

A COPY OF THIS LETTER IS BEING SENT TO THE HONORABLE DON EDWARDS, HOUSE OF REPRESENTATIVES.