B-150362, JAN. 10, 1963

B-150362, JAN. 10, 1963

TO LIEUTENANT COMMANDER LOREN W. FLOCK, USN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED AUGUST 10, 1962, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE PERIOD SEPTEMBER 19 TO OCTOBER 31, 1959.

WHILE A COPY OF YOUR ORDERS WAS NOT FORWARDED WITH THE PAPERS ACCOMPANYING YOUR CLAIM, IT APPEARS THAT ON SEPTEMBER 3, 1959, YOU ARRIVED WITH YOUR DEPENDENTS IN HONOLULU, HAWAII, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS ASSIGNING YOU TO DUTY WITH AIRBORNE EARLY WARNING SQUADRON FOURTEEN (VW-14), UNITED STATES NAVAL AIR STATION,BARBERS POINT (OAHU), HAWAII.

UNDER THE PERTINENT STATUTE, 37 U.S.C. 405, THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. REGULATIONS ISSUED UNDER THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. THE PURPOSE OF THE TEMPORARY LODGING ALLOWANCE, AS STATED IN PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS, IS TO PARTIALLY REIMBURSE A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS. IN ACCORD WITH THAT PURPOSE, PARAGRAPH 4303-2A OF THE REGULATIONS AUTHORIZES PAYMENT OF THE ALLOWANCE BASED ON THE SOMEWHAT HIGHER TRAVEL PER DIEM RATES DESIGNED TO REIMBURSE TRANSIENTS FOR THEIR EXTRAORDINARY EXPENSES OF TRAVEL, WITH THE VIEW OF AUTHORIZING THEIR PAYMENT ONLY UNDER SPECIAL CIRCUMSTANCES APPROXIMATING THOSE MET BY TRAVELERS, THAT IS, WHILE THEY ARE REQUIRED TO OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS. IT IS CONSIDERED, THEREFORE, THAT BENEFITS MAY NOT ACCRUE UNDER THE REGULATIONS UNLESS DURING THE FIRST 60-DAY PERIOD OF SERVICE AT A NEW DUTY STATION THE MEMBER INCURS LIVING EXPENSES WHICH SUBSTANTIALLY EXCEED THOSE THAT WOULD BE INCURRED UNDER NORMAL PERMANENT LIVING ARRANGEMENTS. THOSE EXTRA LIVING EXPENSES MUST HAVE RESULTED BECAUSE OF THE FACT THAT THE HOUSING OR QUARTERS OCCUPIED ARE OF A TEMPORARY NATURE REQUIRING THE PAYMENT OF HIGH TRANSIENT RENTALS AND THE USE OF COMMERCIAL RESTAURANTS.

IN YOUR STATEMENT DATED DECEMBER 10, 1959, YOU STATED THAT UPON ARRIVAL IN HONOLULU YOU STAYED AT THE AINA KEA APARTMENT HOTEL, WHERE RESERVATIONS HAD BEEN MADE FOR YOU AND YOUR DEPENDENTS BY A SQUADRON OFFICER, AND SINCE THOSE QUARTERS WERE NOT SATISFACTORY YOU RENTED A "STUDIO APARTMENT" FOR THE PERIOD SEPTEMBER 19 TO OCTOBER 31, 1959, IN THE "HAWAIIAN PALMS ANNEX" LOCATED AT 2260 KUHIO STREET IN HONOLULU. THE ACCOMMODATIONS WERE DESCRIBED AS CONSISTING OF ONE ROOM THAT COULD BE MADE INTO TWO BEDROOMS BY THE USE OF SLIDING DOORS, WITH ALL LINENS AND KITCHEN UTENSILS BEING FURNISHED. IN SUPPORT OF YOUR CLAIM YOU ATTACH A STATEMENT FROM THE RENTAL AGENCY, THROUGH WHICH YOU OBTAINED THE APARTMENT, ACKNOWLEDGING RECEIPT OF RENT FOR THE PREMISES DESCRIBED THEREON AS ,APARTMENT NO. 12 HAWAIIAN PALMS APARTMENTS LOCATED AT 2260 KUHIO AVENUE.' IN THIS CONNECTION IT IS NOTED THAT THE DISBURSING OFFICER AT BARBERS POINT STATED IN HIS REASONS FOR NOT CERTIFYING YOUR CLAIM FOR PAYMENT THAT THE ACCOMMODATIONS WERE NEITHER HOTEL OR HOTEL-LIKE ACCOMMODATIONS BUT RATHER AN APARTMENT RENTED ON A TEMPORARY BASIS WHICH WAS NOT BEING COMMERCIALLY OPERATED AS A HOTEL WITH A HOTEL LICENSE. IN VIEW OF THE ABOVE INFORMATION YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF AUGUST 10, 1962, FOR THE REASON THAT SINCE THE QUARTERS OCCUPIED APPEARED TO CONSTITUTE AN APARTMENT WITH AVAILABLE COOKING FACILITIES, THEY WERE VIEWED AS PERMANENT -TYPE QUARTERS AND NOT HOTEL OR HOTEL-LIKE ACCOMMODATIONS REQUIRING THE USE OF PUBLIC RESTAURANTS.

IN YOUR REQUEST FOR REVIEW OF THE DISALLOWANCE, YOU INVITE ATTENTION TO STATEMENT OF MARCH 23, 1962, BY THE DIRECTOR, ARMED SERVICES COMMUNITY HOUSING OFFICE ON OAHU WHEREIN IT IS STATED THAT THE "HAWAIIAN PALMS HOTEL" WAS LICENSED AS A HOTEL DURING THE PERIOD IN QUESTION. YOU ALSO POINT OUT THAT THE "HAWAIIAN PALMS HOTEL" IS SHOWN UNDER CATEGORY I ON THE LIST OF HOTELS ON OAHU ISSUED BY THE ARMED SERVICES COMMUNITY HOUSING OFFICE FOR TEMPORARY LODGING ALLOWANCE PURPOSES (HOTEL INFORMATION BULLETIN NO. 3, MARCH 23, 1962), AS BEING HOTEL OR HOTEL-LIKE ACCOMMODATIONS WITHOUT QUALIFICATION. IT IS NOTED THAT WHILE CATEGORY I CONTAINS IN CERTAIN INSTANCES THE LISTING OF HOTELS AND THEIR ANNEXES, AN ANNEX IS NOT LISTED IN THAT CATEGORY FOR THE HAWAIIAN PALMS HOTEL. HENCE, THE PRESENT RECORD DOES NOT ESTABLISH THAT APARTMENT NO. 12, HAWAIIAN PALMS ANNEX (OR APARTMENTS), WHERE YOU STAYED, IS HOTEL OR HOTEL-LIKE ACCOMMODATIONS REQUIRING THE USE OF PUBLIC RESTAURANTS.

ACCORDINGLY, IN THE ABSENCE OF A STATEMENT FROM THE DIRECTOR OF THE ARMED SERVICES COMMUNITY HOUSING OFFICE CERTIFYING THAT APARTMENT NO. 12 IN THE HAWAIIAN PALMS ANNEX (OR APARTMENTS) WAS HOTEL OR HOTEL-LIKE TYPE ACCOMMODATIONS (CATEGORY I), REQUIRING THE USE OF PUBLIC RESTAURANTS AT THE TIME YOU RESIDED THERE, OR OTHER SUITABLE EVIDENCE ESTABLISHING SUCH FACTOR, PAYMENT OF THE TEMPORARY LODGING ALLOWANCE IS NOT AUTHORIZED AND THE SETTLEMENT OF AUGUST 10, 1962, IS SUSTAINED.

A COPY OF THE ORDERS ASSIGNING YOU TO AIRBORNE EARLY WARNING SQUADRON FOURTEEN (EW-14) SHOULD BE INCLUDED WITH ANY ADDITIONAL INFORMATION OR EVIDENCE WHICH MAY BE SUBMITTED IN CONNECTION WITH YOUR CLAIM.