B-83165, FEBRUARY 21, 1950, 29 COMP. GEN. 335

B-83165: Feb 21, 1950

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1950: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 21. YOU STATE THAT SOMEONE IN THE CLAIMS DIVISION OF THIS OFFICE INFORMED YOU PRIOR TO SETTLEMENT OF YOUR CLAIM IN THAT DIVISION THAT YOU WERE UNQUESTIONABLY ENTITLED TO RENTAL ALLOWANCE FOR THE PERIOD COVERED BY YOUR CLAIM IF YOU HAD NOT RECEIVED SUCH PAYMENT. YOU WERE INFORMED IN DECISION OF THIS OFFICE DATED AUGUST 12. THAT YOUR CLAIM WAS NOT FOR ALLOWANCE FOR THE REASON THAT YOU WERE ASSIGNED PUBLIC QUARTERS AT YOUR PERMANENT STATION. SPECIFICALLY DENIES ANY RENTAL ALLOWANCE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION. UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS WERE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS.

B-83165, FEBRUARY 21, 1950, 29 COMP. GEN. 335

GENERAL ACCOUNTING OFFICE - OFFICERS AND EMPLOYEES - INFORMAL OPINIONS INFORMAL OPINIONS EXPRESSED BY OFFICERS OR EMPLOYEES OF THE GENERAL ACCOUNTING OFFICE DO NOT CONSTITUTE OFFICIAL ACTION AND CANNOT UNDER ANY CIRCUMSTANCES BE RECOGNIZED AS CONTROLLING THE ACTION OF THE OFFICE ON ANY MATTER THAT MAY COME BEFORE IT FOR OFFICIAL DETERMINATION.

COMPTROLLER GENERAL WARREN TO JOSEPH P. DRAKE, FEBRUARY 21, 1950:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 21, 1949, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR RENTAL ALLOWANCE AS FOR AN OFFICER WITHOUT DEPENDENTS FOR THE PERIOD JUNE 18 TO 30, 1948.

YOU STATE THAT SOMEONE IN THE CLAIMS DIVISION OF THIS OFFICE INFORMED YOU PRIOR TO SETTLEMENT OF YOUR CLAIM IN THAT DIVISION THAT YOU WERE UNQUESTIONABLY ENTITLED TO RENTAL ALLOWANCE FOR THE PERIOD COVERED BY YOUR CLAIM IF YOU HAD NOT RECEIVED SUCH PAYMENT. HOWEVER, UPON FURTHER CONSIDERATION OF YOUR CLAIM, TOGETHER WITH EVIDENCE THAT WHILE YOU HAD CURRENTLY RECEIVED SUCH PAYMENT THE AMOUNT THEREOF LATER HAD BEEN CHECKED, YOU WERE INFORMED IN DECISION OF THIS OFFICE DATED AUGUST 12, 1949, THAT YOUR CLAIM WAS NOT FOR ALLOWANCE FOR THE REASON THAT YOU WERE ASSIGNED PUBLIC QUARTERS AT YOUR PERMANENT STATION. OF COURSE, INFORMAL OPINIONS EXPRESSED BY AN OFFICER OR EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE DO NOT CONSTITUTE OFFICIAL ACTION AND UNDER NO CIRCUMSTANCES CAN SUCH OPINIONS BE RECOGNIZED AS CONTROLLING THE ACTION OF THIS OFFICE ON ANY MATTER THAT MAY COME BEFORE IT FOR OFFICIAL DETERMINATION. 12 COMP. GEN. 207.

THE FOURTH PARAGRAPH OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, AS AMENDED BY THE ACT OF MARCH 6, 1943, 57 STAT. 13, SPECIFICALLY DENIES ANY RENTAL ALLOWANCE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION, UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS WERE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY. DURING THE PERIOD IN QUESTION YOUR PERMANENT STATION WAS WASHINGTON, D.C., WHERE YOU WERE ASSIGNED BACHELOR OFFICER'S QUARTERS. THERE HAS NOT BEEN SUBMITTED A CERTIFICATE BY COMPETENT SUPERIOR AUTHORITY THAT THE QUARTERS ASSIGNED YOU WERE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR YOUR USE.

YOUR LETTER CONTAINS NO FACTS WHICH WERE NOT FULLY CONSIDERED IN THE DECISION OF AUGUST 12, 1949. HENCE, NO CHANGE IN THE CONCLUSION THEREOF IS WARRANTED.