B-150742, MAY 1, 1963

B-150742: May 1, 1963

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WHICH WAS THE SUBJECT OF OUR DECISION OF MARCH 4. WHERE YOU WERE EMPLOYED BY THE DEPARTMENT OF THE ARMY. YOUR HUSBAND WAS TRANSFERRED FROM ITALY TO ANKARA. HE LATER WAS TRANSFERRED TO IZMIR. YOUR ELIGIBILITY FOR QUARTERS ALLOWANCE DEPENDED ON WHETHER YOUR PRIMARY PURPOSE IN REMAINING IN ITALY WAS CONTINUED EMPLOYMENT. WE BELIEVE THAT THE EVIDENCE IS SUCH AS TO SUPPORT THE DETERMINATION OF THE AUTHORIZED OFFICER THAT IT WAS NOT THEN CLEARLY EVIDENT THAT YOUR PRIMARY REASON FOR REMAINING IN LEGHORN WAS FOR THAT PURPOSE AS. THE CARE AND EDUCATION OF YOUR CHILDREN COULD HAVE BEEN EVEN A MORE COMPELLING REASON. WE ARE TODAY DIRECTING OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM. OUR DISALLOWANCE OF YOUR CLAIM FOR THE PERIOD PRECEDING THAT DATE IS SUSTAINED.

B-150742, MAY 1, 1963

TO MRS. EVA L. SPENCER:

YOUR LETTER OF MARCH 25, 1963, WITH ENCLOSURES, REQUESTS FURTHER CONSIDERATION OF YOUR CLAIM FOR QUARTERS ALLOWANCE FOR THE PERIOD AUGUST 1, 1960, TO MAY 11, 1961, AT THE MAXIMUM RATE OF $1,100 PER ANNUM AND ADJUSTMENT FOR QUARTERS ALLOWANCE FROM $1,000 PER ANNUM TO $1,100 PER ANNUM FROM MAY 11 TO AUGUST 1, 1961, WHICH WAS THE SUBJECT OF OUR DECISION OF MARCH 4, 1963, B-150742, SUSTAINING OFFICE SETTLEMENT DATED NOVEMBER 28, 1962.

DURING THE PERIOD OF YOUR CLAIM, YOU LIVED AT LEGHORN, ITALY, WHERE YOU WERE EMPLOYED BY THE DEPARTMENT OF THE ARMY. ON JULY 31, 1960, YOUR HUSBAND WAS TRANSFERRED FROM ITALY TO ANKARA, TURKEY. HE LATER WAS TRANSFERRED TO IZMIR, TURKEY, ON FEBRUARY 14, 1961. YOU SUBMITTED A WRITTEN REQUEST FOR QUARTERS ALLOWANCE ON NOVEMBER 28, 1960. YOUR ELIGIBILITY FOR QUARTERS ALLOWANCE DEPENDED ON WHETHER YOUR PRIMARY PURPOSE IN REMAINING IN ITALY WAS CONTINUED EMPLOYMENT.

UPON REVIEW OF THE RECORD, INCLUDING THE ADDITIONAL MATERIAL YOU ENCLOSED WITH YOUR LETTER OF MARCH 4, 1963, AND THE FACT THAT YOU DID NOT REJOIN YOUR HUSBAND AFTER HIS TRANSFER TO IZMIR, TURKEY, ON FEBRUARY 14, 1961, WE CONCLUDE THAT THE EVIDENCE OF RECORD THEN ESTABLISHED THAT YOU REMAINED IN ITALY PRIMARILY FOR THE PURPOSE OF CONTINUED EMPLOYMENT WITH THE GOVERNMENT. HOWEVER, IN REGARD TO THE PERIOD PRIOR TO FEBRUARY 14, 1961, WE BELIEVE THAT THE EVIDENCE IS SUCH AS TO SUPPORT THE DETERMINATION OF THE AUTHORIZED OFFICER THAT IT WAS NOT THEN CLEARLY EVIDENT THAT YOUR PRIMARY REASON FOR REMAINING IN LEGHORN WAS FOR THAT PURPOSE AS, ON THE RECORD, THE CARE AND EDUCATION OF YOUR CHILDREN COULD HAVE BEEN EVEN A MORE COMPELLING REASON.

THEREFORE, WE ARE TODAY DIRECTING OUR CLAIMS DIVISION TO ALLOW YOUR CLAIM, EFFECTIVE WITH THE BEGINNING OF THE FIRST PAY PERIOD AFTER FEBRUARY 14, 1961, AT THE RATE AUTHORIZED BY LAW. OUR DISALLOWANCE OF YOUR CLAIM FOR THE PERIOD PRECEDING THAT DATE IS SUSTAINED.

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