B-130826, MAR. 19, 1957

B-130826, MAR. 19, 1957

TO MR. HERBERT A. JONES:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 21, 1956, CONCERNING THE CLAIM OF THE UNITED STATES AGAINST YOU ARISING OUT OF PAYMENTS OF BASIC ALLOWANCE FOR QUARTERS AND STATION QUARTERS PER DIEM MADE TO YOU WHILE YOU WERE SERVING AS A STAFF SERGEANT, U.S. AIR FORCE, IN FRENCH MOROCCO, DURING THE PERIOD JANUARY 3 TO APRIL 9, 1952.

IT APPEARS THAT AFTER ARRIVING AT SIDI SLIMANE AIR BASE, FRENCH MOROCCO, YOU WERE ASSIGNED TO BEN GUERIR AIR BASE, FRENCH MOROCCO, ON A PERMANENT CHANGE OF STATION ON JANUARY 2, 1952, AS A MEMBER OF THE ADVANCE ECHELON, 3926TH AIR BASE SQUADRON. THE CONCLUSION THAT YOU WERE OVERPAID WAS BASED ON INFORMATION RECEIVED FROM THE COMMANDER OF THAT SMALL GROUP INDICATING THAT HE OCCUPIED QUARTERS FURNISHED BY THE ATLAS CONSTRUCTION COMPANY, A GOVERNMENT CONTRACTOR. COLONEL COX ALSO ADVISED THAT A SERGEANT GODWIN OCCUPIED QUARTERS AT THE ATLAS CONSTRUCTION CAMP. CONSIDERING THE SIZE OF THE GROUP, THE AREA IN WHICH THE MEMBERS WERE ASSIGNED TO DUTY, AND THE LIKELIHOOD THAT THEY LIVED TOGETHER, IT WAS CONCLUDED THAT ALL MEMBERS OF THE GROUP USED QUARTERS MADE AVAILABLE BY THE CONSTRUCTION COMPANY. YOU HAVE FURNISHED NO INFORMATION TO THE CONTRARY.

PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS, IN EFFECT, AT THAT TIME, AUTHORIZED PAYMENT OF A STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE FOR THE FIRST 45 DAYS AFTER ARRIVAL AT A NEW PERMANENT STATION OVERSEAS, BUT IT WAS EXPRESSLY PROVIDED THAT PAYMENT WOULD BE REDUCED TO THE REGULAR STATION RATE FOR ANY PART OF THE 45-DAY PERIOD "WHENEVER GOVERNMENT QUARTERS ARE NISHED.' PARAGRAPH 1150-5 OF SUCH REGULATIONS PROVIDED THAT QUARTERS FURNISHED BY A GOVERNMENT CONTRACTOR TO A MEMBER SHOULD BE DEEMED TO HAVE BEEN PROVIDED BY THE GOVERNMENT IF THE CHARGES FOR THE USE OF SUCH QUARTERS DID NOT EXCEED $1 PER DAY. IF YOU UTILIZED THE FACILITIES FURNISHED BY THE ATLAS CONSTRUCTION COMPANY AT A COST OF LESS THAN $1 PER DAY, NO RIGHT TO A STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE OF $9 PER DAY ACCRUED TO YOU.

AS TO THE PERIOD OF TEMPORARY DUTY STATED TO HAVE BEEN PERFORMED BY YOU AT MARRAKECH, FRENCH MOROCCO, FOR A PERIOD OF APPROXIMATELY 50 DAYS COMMENCING FEBRUARY 20, 1952, DURING WHICH TIME, YOU STATE, YOU "RESIDED AND ATE AT COMMERCIAL FACILITIES," IT IS NOT UNDERSTOOD WHY THE AIR FORCE PAID YOU STATION PER DIEM AT THE TRAVEL RATE FOR 45 DAYS. IF YOU PERFORMED TEMPORARY DUTY AT MARRAKECH, YOU WERE AWAY FROM YOUR STATION IN A TRAVEL STATUS AND MAY HAVE BEEN ENTITLED TO THE TRAVEL PER DIEM OF $9 PER DAY FOR THE ENTIRE PERIOD OF SUCH TEMPORARY DUTY. IN AN ATTEMPT TO CLARIFY THIS MATTER, WE REQUESTED THAT AIR FORCE RECORDS CENTER, ST. LOUIS, MISSOURI, FURNISH A COPY OF THE ORDERS WHICH PLACED YOU ON TEMPORARY DUTY AT MARRAKECH ON FEBRUARY 30, 1952. IN RESPONSE TO SUCH REQUEST THERE WAS FURNISHED A COPY OF PARAGRAPH 1, SPECIAL ORDERS NO. 12, FEBRUARY 15, 1952, HEADQUARTERS, 3926TH AIR BASE SQUADRON, APO 117, C/O POSTMASTER, NEW YORK, NEW YORK, WHICH RELEASED YOU AND 33 OTHER MEMBERS OF THE ADVANCE ECHELON FROM ASSIGNMENT AT BEN GUERIR AIR BASE AND REASSIGNED YOU TO THE SAME SQUADRON AT APO 117 (SIDI SLIMANE AIR BASE, FRENCH MOROCCO) EFFECTIVE FEBRUARY 16, 1952. SUCH ORDERS DO NO MENTION MARRAKECH AND THEY APPARENTLY CONTEMPLATED TRAVEL DIRECT TO SIDI SLIMANE AIR BASE.

FOR USE IN THE FURTHER CONSIDERATION OF THIS MATTER, IT IS REQUESTED THAT YOU ADVISE US AS TO THE QUARTERS YOU OCCUPIED WHILE ON DUTY AT BEN GUERIR AIR BASE AND THAT YOU ALSO FURNISH ANY INFORMATION YOU HAVE WHICH MIGHT CLARIFY THE MATTER OF TEMPORARY DUTY AT MARRAKECH, SUCH AS WHETHER THE ORDERS OF FEBRUARY 15, 1952, WERE MODIFIED TO DIRECT SUCH TEMPORARY DUTY, TIME OF TRAVEL FROM BEN GUERIR AIR BASE TO MARRAKECH, ACTUAL TIME YOU WERE AT THE LATTER PLACE, AND TIME OF RETURN TO SIDI SLIMANE AIR BASE, ETC.