B-152373, APR. 21, 1964
Highlights
USAF AL 223 4286: REFERENCE IS MADE TO YOUR LETTER OF MARCH 16. WHILE YOU WERE STATIONED AT OLMSTEAD AIR FORCE BASE. WHO WAS SERVING ON ACTIVE DUTY AT THE SAME STATION. YOU HAVE FURNISHED NO MATERIAL INFORMATION WHICH WAS NOT PREVIOUSLY CONSIDERED BY OUR OFFICE. THE FACT THAT AN ASSIGNMENT OF SINGLE TYPE QUARTERS WAS NOT SUBSEQUENTLY MADE. DOES NOT APPEAR TO HAVE BEEN THE RESULT OF PREJUDICIAL HANDLING OF YOUR REQUEST BY THE ADMINISTRATIVE OFFICIALS. SINCE NO CERTIFICATE OF NONAVAILABILITY OF QUARTERS WAS FURNISHED. IT IS OUR VIEW THAT YOUR ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD IN QUESTION IS TOO DOUBTFUL TO WARRANT THE ALLOWANCE OF YOUR CLAIM.
B-152373, APR. 21, 1964
TO CAPTAIN ELLEN M. KRUGER, USAF AL 223 4286:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 16, 1964, REQUESTING A REEVALUATION OF OUR DECISION DATED FEBRUARY 25, 1964, B-152373, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR A MEMBER WITHOUT DEPENDENTS FOR THE PERIOD JULY 5, 1962, THROUGH MARCH 15, 1963, WHILE YOU WERE STATIONED AT OLMSTEAD AIR FORCE BASE, PENNSYLVANIA. DURING THE PERIOD OF YOUR CLAIM YOU RESIDED OFF THE BASE WITH YOUR HUSBAND, CAPTAIN ARNOLD F. KRUGER, WHO WAS SERVING ON ACTIVE DUTY AT THE SAME STATION.
ALTHOUGH YOU EXPRESS DISAGREEMENT WITH THE VIEWS STATED IN OUR DECISION OF FEBRUARY 25, 1964, YOU HAVE FURNISHED NO MATERIAL INFORMATION WHICH WAS NOT PREVIOUSLY CONSIDERED BY OUR OFFICE. ON MARCH 12, 1962, YOU RELINQUISHED THE SINGLE-TYPE QUARTERS ASSIGNED TO YOU AS A MATTER OF FREE CHOICE. THE FACT THAT AN ASSIGNMENT OF SINGLE TYPE QUARTERS WAS NOT SUBSEQUENTLY MADE, OR A CERTIFICATE OF NONAVAILABILITY OF QUARTERS FURNISHED IN YOUR CASE, DOES NOT APPEAR TO HAVE BEEN THE RESULT OF PREJUDICIAL HANDLING OF YOUR REQUEST BY THE ADMINISTRATIVE OFFICIALS, BUT RESULTED FROM CONSIDERATION OF THE FACT THAT YOU HAD VOLUNTARILY RELINQUISHED THE SINGLE-TYPE QUARTERS ASSIGNED YOU, IN ORDER TO LIVE OFF THE BASE IN THE HOME YOU HAD PURCHASED WITH YOUR HUSBAND, THE REGULATIONS (PARAGRAPH 11A, AFR30-B, JULY 22, 1960) APPARENTLY NOT CONTEMPLATING ASSIGNMENT OF SINGLE-TYPE QUARTERS IN SUCH CIRCUMSTANCES.
IN THE LIGHT OF THE CIRCUMSTANCES INVOLVED, AND SINCE NO CERTIFICATE OF NONAVAILABILITY OF QUARTERS WAS FURNISHED, IT IS OUR VIEW THAT YOUR ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD IN QUESTION IS TOO DOUBTFUL TO WARRANT THE ALLOWANCE OF YOUR CLAIM. SEE LONGWILL V. UNITED STATES, 17 CT.CL. 288 (1881) AND CHARLES V. UNITED STATES, 19 CT.CL. 316 (1884).