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B-172841, SEP 23, 1971

B-172841 Sep 23, 1971
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THERE IS NO AUTHORITY FOR REIMBURSEMENT. EVANS: WE HAVE YOUR LETTER DATED AUGUST 24. STATING THAT YOU ARE DISAPPOINTED WITH. WE ALSO HAVE YOUR LETTERS DATED AUGUST 18 AND 31. WE ADVISED YOU THAT THERE IS NO PROVISION OF LAW OR REGULATION WHICH WOULD SERVE AS AUTHORITY FOR REIMBURSEMENT OF THE TOTAL EXPENSES INCURRED FOR A MEMBER'S HOTEL OR HOTEL -LIKE ACCOMMODATIONS AND MEALS CONSUMED AT PUBLIC RESTAURANTS PENDING ASSIGNMENT OF GOVERNMENT QUARTERS OR PENDING COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE. WAS NOT WARRANTED SINCE THE CIRCUMSTANCES IN YOUR CASE ARE NOT CONSIDERED TO BE OF AN UNUSUAL NATURE. 293.50 WHICH YOU HAD RECEIVED FOR THE PERIOD OF YOUR CLAIM WAS COMPUTED ON THE RATES PRESCRIBED FOR HONG KONG DURING THE PERIOD INVOLVED AND THAT TEMPORARY LODGING ALLOWANCE RATES ARE BASED UPON AN AVERAGE OF THE COSTS INCURRED BY ALL MEMBERS AND NORMALLY SOME ACTUAL COSTS WILL EXCEED THE AVERAGE WHILE OTHERS WILL BE LESS THAN AVERAGE.

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B-172841, SEP 23, 1971

MILITARY PERSONNEL - CHANGE OF STATION - LIVING EXPENSES REAFFIRMING PRIOR DECISION WHICH DENIED CLAIM FOR OVER $1500 REPRESENTING THE DIFFERENCE BETWEEN THE TEMPORARY LODGING ALLOWANCE PAID TO CLAIMANT AND THE TOTAL COST OF LIVING EXPENSES INCURRED INCIDENT TO A CHANGE OF STATION. WHEN EXPENSES EXCEED THE TEMPORARY LODGING ALLOWANCE AUTHORIZED, REGARDLESS OF EXTENUATING CIRCUMSTANCES, THERE IS NO AUTHORITY FOR REIMBURSEMENT.

TO MSGT LYLE D. EVANS:

WE HAVE YOUR LETTER DATED AUGUST 24, 1971, AND ENCLOSURES, STATING THAT YOU ARE DISAPPOINTED WITH, AND IN EFFECT REQUESTING RECONSIDERATION OF, OUR DECISION OF AUGUST 16, 1971, B-172841, IN WHICH WE DENIED YOUR CLAIM FOR THE SUM OF $1,563.45, REPRESENTING THE DIFFERENCE BETWEEN THE TEMPORARY LODGING ALLOWANCE PAID TO YOU FOR THE PERIOD AUGUST 1 TO OCTOBER 16, 1970, AND THE TOTAL COST OF LIVING EXPENSES FOR YOURSELF AND DEPENDENTS FOR THAT PERIOD INCIDENT TO A CHANGE OF PERMANENT STATION TO HONG KONG, BRITISH CROWN COLONY. WE ALSO HAVE YOUR LETTERS DATED AUGUST 18 AND 31, 1971, RELATING TO THIS MATTER.

IN OUR DECISION OF AUGUST 16, 1971, WE ADVISED YOU THAT THERE IS NO PROVISION OF LAW OR REGULATION WHICH WOULD SERVE AS AUTHORITY FOR REIMBURSEMENT OF THE TOTAL EXPENSES INCURRED FOR A MEMBER'S HOTEL OR HOTEL -LIKE ACCOMMODATIONS AND MEALS CONSUMED AT PUBLIC RESTAURANTS PENDING ASSIGNMENT OF GOVERNMENT QUARTERS OR PENDING COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE, WHERE SUCH EXPENSES EXCEED THE TEMPORARY LODGING ALLOWANCE AUTHORIZED, REGARDLESS OF ANY EXTENUATING CIRCUMSTANCES INVOLVED. CONCLUDED THEREFORE THAT NO LEGAL BASIS EXISTS FOR PAYMENT OF THE DIFFERENCE OF $1,563.45 CLAIMED BY YOU.

ALSO, WE CONCLUDED THAT FAVORABLE CONSIDERATION OF YOUR CLAIM UNDER THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C. 236, WAS NOT WARRANTED SINCE THE CIRCUMSTANCES IN YOUR CASE ARE NOT CONSIDERED TO BE OF AN UNUSUAL NATURE. WE POINTED OUT THAT TEMPORARY LODGING ALLOWANCE OF $3,293.50 WHICH YOU HAD RECEIVED FOR THE PERIOD OF YOUR CLAIM WAS COMPUTED ON THE RATES PRESCRIBED FOR HONG KONG DURING THE PERIOD INVOLVED AND THAT TEMPORARY LODGING ALLOWANCE RATES ARE BASED UPON AN AVERAGE OF THE COSTS INCURRED BY ALL MEMBERS AND NORMALLY SOME ACTUAL COSTS WILL EXCEED THE AVERAGE WHILE OTHERS WILL BE LESS THAN AVERAGE.

IN YOUR LETTER OF AUGUST 24, 1971, YOU SAY THAT YOU AND YOUR FAMILY ARRIVED IN HONG KONG DURING A CRITICAL HOUSING SHORTAGE WHICH CAUSED PRICES OF APARTMENTS AND HOTELS TO INCREASE TREMENDOUSLY AND THAT THE HOTEL IN WHICH YOU AND YOUR FAMILY STAYED WAS LISTED AS A MODERATE HOTEL BY THE AMERICAN CONSULATE. YOU ALSO SAY THAT THE DEPARTMENT OF DEFENSE PER DIEM COMMITTEE (PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE) RECENTLY MADE AN INVESTIGATION OF THE PRICES IN HONG KONG AND FOUND THAT EXCESSIVE COSTS JUSTIFIED AN INCREASE OF PER DIEM FROM $26 TO $36 PER DAY, EFFECTIVE AUGUST 6, 1971, AND THIS RATE WOULD HAVE PERMITTED A TEMPORARY LODGING ALLOWANCE PAYMENT OF $63 PER DAY FOR YOU AND YOUR FAMILY WHICH WOULD HAVE BEEN A SUFFICIENT AMOUNT TO COVER YOUR EXPENSES DURING YOUR STAY IN A HOTEL. ACCORDINGLY YOU EXPRESS THE VIEW THAT YOUR CASE DOES CONTAIN ELEMENTS OF AN UNUSUAL NATURE.

WHILE IT IS REALIZED THAT YOU INCURRED MORE THAN NORMAL EXPENSES FOR LODGING AND SUBSISTENCE FOR THE PERIOD IMMEDIATELY FOLLOWING YOUR ARRIVAL IN HONG KONG, REGULATIONS DO NOT PROVIDE FOR REIMBURSEMENT OF ACTUAL EXPENSES BUT, INSTEAD, PROVIDE FOR AN ALLOWANCE AT A PRESCRIBED RATE. YOU WERE PAID $3,293.50, THE MAXIMUM AMOUNT ALLOWABLE TO YOU UNDER THE LAW AND REGULATIONS IN EFFECT AT THE TIME INVOLVED AND THE FACT THAT THE RATE WAS SUBSEQUENTLY INCREASED PROVIDES NO LEGAL AUTHORITY FOR PAYMENT OF ANY ADDITIONAL AMOUNT TO YOU.

NOTWITHSTANDING THE INFORMATION CONTAINED IN YOUR LETTERS OF MAY 17 AND AUGUST 24, 1971, CONCERNING CRITICAL HOUSING CONDITIONS AND HIGH COSTS OF LIVING IN HONG KONG, IT IS OUR VIEW THAT YOUR CASE DOES NOT CONTAIN SUCH ELEMENTS OF EQUITY AS WOULD JUSTIFY REPORTING THE MATTER FOR THE CONSIDERATION OF THE CONGRESS AS PROVIDED IN THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C. 236, SINCE THE TEMPORARY LODGING ALLOWANCE IS SPECIFICALLY STATED TO BE "FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS."

THUS, IT IS NOT INTENDED THAT THE ALLOWANCE WILL PROVIDE REIMBURSEMENT OF ALL SUCH EXPENSES INCURRED BY MEMBERS IN ALL CASES IN WHICH TEMPORARY LODGING ALLOWANCE IS AUTHORIZED.

IN VIEW OF THE ABOVE, OUR DECISION OF AUGUST 16, 1971, IS AFFIRMED.

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