B-123749, MAY 29, 1956

B-123749: May 29, 1956

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SOFIO SANTIAGO: REFERENCE IS MADE TO YOUR LETTER OF MARCH 5. WHILE YOU WERE STATIONED AT CAMP TORTUGUERO. YOU WERE ADVISED THAT UNDER THE PROVISIONS OF PARAGRAPH 4301-2 OF THE JOINT TRAVEL REGULATIONS AN ENLISTED MEMBER WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM PURPOSES UNLESS HIS DEPENDENTS LIVED WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION AND CONSEQUENTLY THAT YOU WERE NOT ENTITLED TO THE STATION ALLOWANCE CLAIMED AS A MEMBER WITH DEPENDENTS ON THE BASIS OF THE EXISTING RECORD SINCE AVAILABLE EVIDENCE DID NOT SHOW THAT YOUR DEPENDENT FATHER LIVED WITH YOU UNDER THOSE CIRCUMSTANCES. IT APPARENTLY BEING YOUR VIEW THAT THE HOLDING THAT YOUR STATUS FOR PER DIEM PURPOSES WAS THAT OF A MEMBER WITHOUT DEPENDENTS WAS INCONSISTENT WITH THE FACT THAT YOUR FATHER ACTUALLY WAS WHOLLY DEPENDENT UPON YOU FOR HIS SUPPORT AND THAT HE WAS RECEIVING OTHER BENEFITS FROM THE GOVERNMENT ON THE BASIS OF HIS DEPENDENCY.

B-123749, MAY 29, 1956

TO MR. SOFIO SANTIAGO:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 5, 1956, IN WHICH YOU REQUEST A FURTHER REVIEW OF THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 14, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE AS AN ENLISTED MEMBER OF THE ARMY OF THE UNITED STATES WITH DEPENDENTS COVERING THE PERIOD SEPTEMBER 4, 1952, TO JANUARY 28, 1953, WHILE YOU WERE STATIONED AT CAMP TORTUGUERO, PUERTO RICO.

IN DECISION OF OCTOBER 31, 1955, B-123749, YOU WERE ADVISED THAT UNDER THE PROVISIONS OF PARAGRAPH 4301-2 OF THE JOINT TRAVEL REGULATIONS AN ENLISTED MEMBER WAS CONSIDERED TO BE WITHOUT DEPENDENTS FOR STATION PER DIEM PURPOSES UNLESS HIS DEPENDENTS LIVED WITH HIM AT OR IN THE VICINITY OF HIS DUTY STATION AND CONSEQUENTLY THAT YOU WERE NOT ENTITLED TO THE STATION ALLOWANCE CLAIMED AS A MEMBER WITH DEPENDENTS ON THE BASIS OF THE EXISTING RECORD SINCE AVAILABLE EVIDENCE DID NOT SHOW THAT YOUR DEPENDENT FATHER LIVED WITH YOU UNDER THOSE CIRCUMSTANCES. YOU STATE NOW THAT YOUR FATHER ACTUALLY LIVED IN SAN LORENZO, A TOWN LOCATED APPROXIMATELY 30 MILES FROM CAMP TORTUGUERO, DURING THE PERIOD IN QUESTION AND SO DID NOT LIVE WITH YOU AS A PART OF YOUR HOUSEHOLD. YOU TAKE EXCEPTION, HOWEVER, TO THE DISALLOWANCE OF YOUR CLAIM, IT APPARENTLY BEING YOUR VIEW THAT THE HOLDING THAT YOUR STATUS FOR PER DIEM PURPOSES WAS THAT OF A MEMBER WITHOUT DEPENDENTS WAS INCONSISTENT WITH THE FACT THAT YOUR FATHER ACTUALLY WAS WHOLLY DEPENDENT UPON YOU FOR HIS SUPPORT AND THAT HE WAS RECEIVING OTHER BENEFITS FROM THE GOVERNMENT ON THE BASIS OF HIS DEPENDENCY.

THE STATION PER DIEM RATES PRESCRIBED IN THE JOINT TRAVEL REGULATIONS FOR MEMBERS WITH DEPENDENTS WERE FIXED ON THE BASIS OF ANTICIPATED LIVING COSTS WHERE THE MEMBERS AND THEIR DEPENDENTS WERE LIVING TOGETHER AS FAMILY GROUPS. THE PROVISIONS OF PARAGRAPH 4301 2PROVIDED FOR THE PAYMENT OF THE STATION PER DIEM ALLOWANCES FIXED ON THAT BASIS ONLY WHEN THE MEMBER AND DEPENDENTS LIVED TOGETHER. THEY WERE NOT OTHERWISE CONCERNED WITH THE QUESTION OF WHETHER OR NOT DEPENDENCY STATUS EXISTED BETWEEN THE MEMBER AND HIS DEPENDENTS. HENCE, SUCH PROVISIONS WERE APPLIED IN YOUR CASE IN THE DECISION OF OCTOBER 31, 1955, NOTWITHSTANDING THE FACT THAT YOUR FATHER WAS DEPENDENT ON YOU FOR HIS SUPPORT.

SINCE YOUR FATHER DID NOT LIVE WITH YOU DURING THE PERIOD IN QUESTION, THERE EXISTS NO PROPER BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE PRIOR ACTION TAKEN ON YOUR CLAIM IS SUSTAINED.

WITH REFERENCE TO YOUR STATEMENT THAT OTHER MEMBERS OF YOUR ARMY OUTFIT SIMILARLY SITUATED HAVE RECEIVED THEIR SUBSISTENCE ALLOWANCES, YOU ARE ADVISED THAT IF ANY OF THEM RECEIVED STATION PER DIEM SUBSISTENCE ALLOWANCE PAYMENTS BECAUSE OF DEPENDENTS WHO DID NOT ACTUALLY RESIDE WITH THEM AT OR IN THE VICINITY OF THEIR STATIONS SUCH PAYMENTS WERE CLEARLY ERRONEOUS AND SO COULD NOT SERVE AS A PRECEDENT FOR THE PAYMENT OF YOUR CLAIM.

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