B-124810, JAN. 5, 1956
Highlights
REQUESTING DECISION WHETHER PAYMENT OF STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE IS AUTHORIZED ON MILITARY PAY ORDERS NUMBERS 129 AND 132. THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO THEM ON THAT DATE. THAT THEY WERE REQUIRED TO OBTAIN QUARTERS FOR THEMSELVES AND THEIR DEPENDENTS. IT IS STATED THAT IT IS KNOWN THAT APARTMENTS AND HOUSES SUITABLE FOR PERMANENT OCCUPANCY ARE AVAILABLE IN RIO DE JANEIRO FOR RENT ON A TEMPORARY BASIS OR FOR SHORT PERIODS OF TIME AT RATES COMPARABLE TO THOSE CHARGED FOR APARTMENTS AND HOUSES UNDER THE USUAL ONE AND TWO YEAR LEASE AGREEMENTS. IT IS INDICATED THAT SUCH APARTMENTS OR HOUSES ARE FURNISHED AND HAVE COOKING FACILITIES. IT IS NOT SHOWN THAT THE PERSONNEL INVOLVED WERE PUT TO ANY UNUSUAL EXPENSE GREATER THAN THAT NORMALLY INCURRED FOR TENANTS OCCUPYING SUCH HOUSING ON A MORE PERMANENT BASIS.
B-124810, JAN. 5, 1956
TO LIEUTENANT COLONEL ARTHUR A. STIEFEL, GS, DISBURSING OFFICER, DEPARTMENT OF THE ARMY:
BY THIRD INDORSEMENT OF JULY 19, 1955, THE CHIEF OF FINANCE FORWARDED TO THIS OFFICE YOUR SECOND INDORSEMENT OF JULY 6, 1955, WITH ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT OF STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE IS AUTHORIZED ON MILITARY PAY ORDERS NUMBERS 129 AND 132, DATED FEBRUARY 24, 1955, AND 141, DATED MARCH 11, 1955, ON THE BASIS OF THE OCCUPANCY OF ALLEGEDLY TEMPORARY QUARTERS IN RIO DE JANEIRO, BRAZIL, BY COLONEL BEN K. ARMSTRONG, JR., MAJOR EDWARD G. KELLEY, MAJOR CHARLES E. BEARD, JR., AND MASTER SERGEANT CLESSIE E. THORNBURGH, MEMBERS OF THE AIR FORCE SECTION, JOINT BRAZIL-UNITED STATES MILITARY COMMISSION, FOR THE PERIOD COMMENCING FEBRUARY 21, 1955, AND PRESUMABLY CONTINUING FOR A PERIOD OF 44 DAYS THEREAFTER.
IT APPEARS THAT PURSUANT TO ORDERS EACH OF THE PERSONS NAMED AND THEIR DEPENDENTS ARRIVED IN RIO DE JANEIRO, BRAZIL, ON FEBRUARY 21, 1955; THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO THEM ON THAT DATE; AND THAT THEY WERE REQUIRED TO OBTAIN QUARTERS FOR THEMSELVES AND THEIR DEPENDENTS. IT APPEARS FURTHER THAT THE PERSONNEL CONCERNED DID NOT MOVE INTO HOTELS UPON ARRIVAL AT THEIR STATION, BUT MOVED INTO APARTMENTS PREVIOUSLY ARRANGED FOR THEM BY MEMBERS OF THE AIR FORCE SECTION. IT IS STATED THAT IT IS KNOWN THAT APARTMENTS AND HOUSES SUITABLE FOR PERMANENT OCCUPANCY ARE AVAILABLE IN RIO DE JANEIRO FOR RENT ON A TEMPORARY BASIS OR FOR SHORT PERIODS OF TIME AT RATES COMPARABLE TO THOSE CHARGED FOR APARTMENTS AND HOUSES UNDER THE USUAL ONE AND TWO YEAR LEASE AGREEMENTS. ALSO, IT IS INDICATED THAT SUCH APARTMENTS OR HOUSES ARE FURNISHED AND HAVE COOKING FACILITIES, EVEN THOUGH LIMITED. IT IS NOT SHOWN THAT THE PERSONNEL INVOLVED WERE PUT TO ANY UNUSUAL EXPENSE GREATER THAN THAT NORMALLY INCURRED FOR TENANTS OCCUPYING SUCH HOUSING ON A MORE PERMANENT BASIS. IN YOUR INDORSEMENT OF JULY 6, 1955, YOU NOTE THAT--
"* * * TELEPHONE DIRECTORY PUBLISHED BY THE US DELEGATION, JOINT BRAZIL- US MILITARY COMMISSION, DATED 15 MAY 1955, SHOWS THE SAME STREET ADDRESSES AS SHOWN IN MILITARY PAY ORDER NUMBER 129, BUT DIFFERENT APARTMENT NUMBERS, HOWEVER, IN THE CASES OF COL ARMSTRONG AND MAJ KELLEY.'
ON THIS RECORD IT IS AT LEAST DOUBTFUL THAT THE QUARTERS OCCUPIED ON FEBRUARY 21, 1955, WERE IN FACT "TEMPORARY LODGINGS" AS CONTEMPLATED BY PARAGRAPH 4303-2A, CHANGE 27, DATED OCTOBER 1, 1954, JOINT TRAVEL REGULATIONS. THAT REGULATION PROVIDES THAT UPON INITIAL ASSIGNMENT TO AN AREA OVERSEAS, A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS AND WHO "IS REQUIRED TO SECURE TEMPORARY LODGINGS" FOR HIMSELF AND HIS DEPENDENTS, IF WITH DEPENDENTS, FOR ANY PERIOD DURING THE FIRST 45 DAYS AFTER HIS ARRIVAL, SHALL BE ENTITLED TO STATION PER DIEM ALLOWANCE EQUAL TO THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED FOR THAT AREA, WITH APPROPRIATE DEDUCTIONS WHERE GOVERNMENT MESS IS AVAILABLE. ALSO, PROVISION IS MADE FOR THE TERMINATION OR SUSPENSION OF SUCH TRAVEL RATE FOR PERIODS WHEN, IN THE OPINION OF THE COMMANDING OFFICER OR OTHER APPROPRIATE OFFICER, ADEQUATE GOVERNMENT OR PERMANENT SUITABLE HOUSING IS OBTAINED OR UTILIZED. THIS LATTER PROVISION, HOWEVER, DOES NOT AUTHORIZE PAYMENT ON THE BASIS OF DETERMINATIONS MADE BY SUCH OFFICERS NOT IN CONSONANCE WITH THE REQUIREMENTS AND PURPOSE OF THE REGULATIONS.
THE APPARENT PURPOSE OF THE REGULATIONS CONTAINED IN PARAGRAPH 4303 2A, JOINT TRAVEL REGULATIONS, IN ALLOWING THE TRAVEL RATE FOR PERIODS UP TO 45 DAYS FOLLOWING DATE OF ARRIVAL AT A STATION OUTSIDE THE UNITED STATES, IS TO PROVIDE REIMBURSEMENT FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS AND PUBLIC RESTAURANTS PENDING ASSIGNMENT OF GOVERNMENT QUARTERS, OR WHILE THE MEMBER CONCERNED MAKES ARRANGEMENTS FOR SECURING OTHER PERMANENT LIVING ACCOMMODATIONS AT A STATION WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE. 33 COMP. GEN. 451. THERE IS NOTHING IN THE RECORD WHICH INDICATES THAT THE PERSONNEL HERE INVOLVED WERE "REQUIRED" TO OBTAIN THEIR QUARTERS AND MEALS ON THAT BASIS OR THAT THEY INCURRED MORE THAN NORMAL EXPENSES FOR THOSE ITEMS DURING THE PERIOD INVOLVED. ON THE CONTRARY, IT APPEARS THAT THEY AND THEIR DEPENDENTS ACTUALLY RESIDED IN THE SAME TYPE OF PERMANENT QUARTERS WHICH WAS AVAILABLE TO THEM AFTER THE END OF THE 45- DAY PERIOD. ON THE RECORD PRESENTED, THE QUARTERS SO OCCUPIED MAY NOT BE REGARDED AS "TEMPORARY LODGINGS" WITHIN THE MEANING OF THE CITED REGULATIONS.
IT FOLLOWS THAT PAYMENT ON THE BASIS OF THE MILITARY PAY ORDERS SUBMITTED WITH YOUR LETTER IS NOT AUTHORIZED. THE PAY ORDERS WILL BE RETAINED HERE.