B-129805, OCT 9, 1958

B-129805, OCT 9, 1958

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL A. J. BARNUM, USAF, DISBURSING OFFICER THROUGH DIRECTORATE OF ACCOUNTING AND FINANCE:

BY LETTER DATED AUGUST 27, 1958, THE DIRECTOR OF ACCOUNTING AND FINANCE, DEPARTMENT OF THE AIR FORCE, FORWARDED YOUR LETTER DATED JULY 17, 1958, WITH ENCLOSURES (ASSIGNED AIR FORCE REQUEST NO. 369 BY THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE), REQUESTING RECONSIDERATION OF OUR DECISION OF JANUARY 14, 1957, PERTAINING TO THE CLAIM OF MASTER SERGEANT ANDREW P. YOUNG, JR., AF 13002468, FOR BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS FOR THE PERIOD MAY 13, 1955, THROUGH JANUARY 4, 1957, WHILE STATIONED AT KABUL, AFGHANISTAN.

BY DECISION OF JANUARY 14, 1957, B-129805, TO CAPTAIN WESLEY E. THOMAS, FC, DISBURSING OFFICER, DEPARTMENT OF THE ARMY, WE CONSIDERED THE RIGHT OF THE CLAIMANT HERE INVOLVED TO BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS WHILE STATIONED AT KABUL. IT APPEARS FROM THE RECORD THAT DUE TO UNSETTLED CONDITIONS IN AFGHANISTAN IN MAY 1955, AIR FORCE FAMILIES WERE EVACUATED FROM KABUL TO KARACHI, PAKISTAN, AND THAT PURSUANT TO THE PROVISIONS OF SPECIAL ORDERS NO. 19, KABUL, AFGHANISTAN, DATED MAY 11, 1955, THE DEPENDENTS OF THE CLAIMANT WERE AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 7009.2(1) TO RETURN TO THE UNITED STATES. SIX DEPENDENTS OF OTHER MEMBERS RETURNED TO KABUL AFTER AN ABSENCE OF ONE MONTH. PRIOR TO THEIR DEPARTURE FROM KABUL, THE MEMBERS AND THEIR DEPENDENTS OCCUPIED GOVERNMENT LEASED QUARTERS, WHICH QUARTERS THE MEMBERS CONTINUED TO OCCUPY AFTER THE DEPENDENTS DEPARTED.

IN THE DECISION OF JANUARY 14, 1957, THERE WAS QUOTED SECTION 302(D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813 (37 U.S.C. 252(D)), WHICH PROVIDES THAT NO MEMBER ASSIGNED TO GOVERNMENT QUARTERS SHALL BE DENIED BASIC ALLOWANCE FOR QUARTERS IF, BY REASON OF ORDERS OF COMPETENT AUTHORITY, HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS. ADVISED CAPTAIN THOMAS THAT IN THE ABSENCE OF EVIDENCE SHOWING THAT ORDERS OF COMPETENT AUTHORITY PREVENTED THE DEPENDENTS OF SERGEANT YOUNG FROM OCCUPYING THE QUARTERS IN KABUL FROM THE DATE THE OTHER DEPENDENTS RETURNED FROM KARACHI THERE WAS NO BASIS FOR THE ALLOWANCE OF QUARTERS ALLOWANCE AFTER THE DATE OF SUCH RETURN AND THAT HE COULD BE CREDITED WITH SUCH ALLOWANCE ONLY FOR THE PERIOD FROM THE DATE OF EVACUATION UNTIL THE DEPENDENTS COULD RETURN TO KABUL FROM KARACHI.

THERE WAS ENCLOSED WITH YOUR LETTER OF JULY 17, 1958, A LETTER DATED JUNE 19, 1957, FROM CLAIMANT, IN WHICH LETTER HE SAYS THAT AFTER HIS FAMILY LEFT IN MAY 1955 HE REMAINED IN THE SAME QUARTERS UNTIL JULY 1955 WHEN HE WAS MOVED TO QUARTERS THAT HAD BEEN OCCUPIED BY AN ENLISTED MAN WITHOUT DEPENDENTS AND THAT SUCH QUARTERS WERE ONLY ABOUT ONE-THIRD AS LARGE AND COST ABOUT ONE-THIRD AS MUCH AS HIS FORMER QUARTERS. HE FURTHER STATES THAT FROM DECEMBER 1, 1956, TO JANUARY 4, 1957, WHEN HE LEFT AFGHANISTAN, HE SHARED A ROOM IN QUARTERS OCCUPIED BY MARINE SECURITY GUARDS. THERE WAS ALSO ENCLOSED WITH THE LETTER OF JULY 17, 1958, A COPY OF A LETTER DATED JUNE 19, 1956, FROM THE AIR ATTACHE, KABUL, AFGHANISTAN, WHICH LETTER SAYS THAT CLAIMANT'S "PRESENT RESIDENCE IS TOTALLY UNSUITABLE FOR MORE THAN ONE PERSON," AND THAT IF THE QUARTERS WERE TO BE OCCUPIED BY THE FAMILY OF SERGEANT YOUNG'S REPLACEMENT AT THAT STATION "COMPLETE RENOVATION OF THE HOUSE MUST BE MADE TO INSTALL NECESSARY KITCHEN AND TOILET FACILITIES." THERE WAS LIKEWISE ENCLOSED WITH THE LETTER OF JULY 17, 1958, SECOND INDORSEMENT DATED JANUARY 23, 1958, FROM HEADQUARTERS, UNITED STATES AIR FORCE, WHICH INDORSEMENT SAYS THAT AVAILABLE RECORDS THERE INDICATE CLAIMANT OCCUPIED GOVERNMENT LEASED QUARTERS FOR THE PERIOD JULY 1, 1955, TO NOVEMBER 30, 1956, CONSISTING OF AN APARTMENT CONTAINING A LIVING ROOM, DINING ROOM, KITCHEN, TWO BEDROOMS, SERVANT'S ROOM AND BATHROOM.

WHILE THE RECORD IS NOT ENTIRELY CLEAR AS TO WHAT QUARTERS WERE OCCUPIED BY CLAIMANT DURING THE PERIOD INVOLVED, IN VIEW OF THE STATEMENTS IN HIS LETTER OF JUNE 19, 1957, AND IN THE COPY OF THE LETTER OF JUNE 19, 1956, IT REASONABLY MAY BE CONCLUDED THAT CLAIMANT DID NOT OCCUPY QUARTERS ADEQUATE FOR HIMSELF AND HIS DEPENDENTS DURING THE PERIOD INVOLVED.

ACCORDINGLY, IF SERGEANT YOUNG HAD IN EFFECT THE REQUIRED ALLOTMENT FOR THE SUPPORT OF HIS DEPENDENTS FOR THE PERIOD INVOLVED, OR IF THE ALLOTMENT REQUIREMENTS SET FORTH IN THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794 ARE OTHERWISE MET, HE MAY BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS FOR THE PERIOD MAY 13, 1955, THROUGH JANUARY 4, 1957, LESS THE AMOUNT OF SUCH ALLOWANCE, IF ANY, CREDITED TO HIM PURSUANT TO THE DECISION OF JANUARY 14, 1957.

THE DD FORM 137 ENCLOSED WITH YOUR LETTER IS RETURNED, THE OTHER ENCLOSURES BEING RETAINED IN THIS OFFICE.