B-148584, OCT. 3, 1962

B-148584, OCT. 3, 1962

TO CAPTAIN JOSEPH J. VOLPE, QMC:

WE HAVE YOUR LETTER OF SEPTEMBER 1, 1962, WITH FURTHER REFERENCE TO YOUR CLAIM FOR REIMBURSEMENT OF THE SERVICE BILLETING FEE OF $52 PAID ON BEHALF OF IRANIAN ENLISTED TRAINEES THE DISALLOWANCE OF WHICH WAS SUSTAINED BY DECISION OF AUGUST 23, 1962, B-148584. IN YOUR LETTER YOU SAY THAT WE INCORRECTLY STATED THAT THE IRANIAN ENLISTED MEN INVOLVED WERE AUTHORIZED A PER DIEM ALLOWANCE OF ONLY $1.50. YOU INDICATED THAT THIS IS NOT CORRECT BECAUSE MESSING FACILITIES WERE NOT AVAILABLE.

WE DID NOT STATE IN OUR DECISION THAT THESE TRAINEES WERE ENTITLED TO A PER DIEM OF ONLY $1.50 BUT STATED THAT PARAGRAPH 400 (2) (B), CHANGE 3, TO ARMY REGULATION NO. 551-50, PROVIDED AT THE TIME INVOLVED THAT FOREIGN ENLISTED PERSONNEL TRAINING UNDER THE MILITARY ASSISTANCE PROGRAM WERE AUTHORIZED A PER DIEM ALLOWANCE OF $1.50 WHEN BOTH GOVERNMENT QUARTERS AND MESS WERE AVAILABLE. THE PARAGRAPH FURTHER PROVIDES THAT WHEN GOVERNMENT QUARTERS ARE AVAILABLE AND GOVERNMENT MESS IS NOT AVAILABLE, A PER DIEM OF $6 IS AUTHORIZED. ALSO, IT PROVIDES THAT WHEN GOVERNMENT MESS IS AVAILABLE AND GOVERNMENT QUARTERS ARE NOT AVAILABLE, A PER DIEM OF $6 IS AUTHORIZED.

IN YOUR FOURTH INDORSEMENT OF FEBRUARY 16, 1962, YOU STATED:

"THE 45TH FINANCE DISBURSEMENT SECTION (KAISERLAUTERN) INTERPRETED AR 551 -50 TO EFFECT PAYMENT OF ONLY $1.50 PER DAY.'

PRESUMABLY, THE PAYMENT OF PER DIEM AT THE RATE OF ONLY $1.50 WAS BASED ON A DETERMINATION THAT BOTH QUARTERS AND SUBSISTENCE WERE AVAILABLE TO THESE TRAINEES. WHILE YOU STATE IN YOUR PRESENT LETTER THAT MESSING FACILITIES WERE NOT AVAILABLE, YOU DO NOT DISCLOSE HOW THE TRAINEES WERE SUBSISTED. AND, THE FACT THAT THEY MAY HAVE BEEN ENTITLED TO A GREATER PER DIEM BECAUSE OF THE LACK OF MESSING FACILITIES WOULD NOT AFFECT YOUR RIGHTS IN THE MATTER. YOU DO NOT CONTEND THAT THE TRAINEES COULD NOT HAVE BEEN QUARTERED WITH THE ENLISTED PERSONNEL AT YOUR STATION AND FURNISHED ACCOMMODATIONS ON AN EQUIVALENT SCALE AS PROVIDED FOR IN PARAGRAPH 32 OF THE REGULATION QUOTED IN OUR DECISION OF AUGUST 23, 1962. ON THE CONTRARY, IN A LETTER DATED FEBRUARY 27, 1961, A COPY OF WHICH IS IN THE FILE, YOU STATED, WITH RESPECT TO THESE TRAINEES:

"* * * TO GIVE PREFERENTIAL TREATMENT TO OUR GUESTS, (WHICH WERE, IN REALITY, MY GUESTS), I OBTAINED PERMISSION FROM THE BILLETING OFFICER TO QUARTER THEM IN BOQS, WITH THE UNDERSTANDING THAT THE FEE WOULD BE PAID. THIS WAS EXPLAINED TO THE STUDENTS AND THEY EXPRESSED APPROVAL.'

THE PREFERENTIAL TREATMENT PROVIDED WOULD SEEM TO HAVE BEEN CLEARLY CONTRARY TO THE REGULATIONS PROVIDING THAT ENLISTED TRAINEES BE FURNISHED QUARTERS, WHERE AVAILABLE, ON A SCALE EQUIVALENT TO THAT AUTHORIZED FOR ENLISTED PERSONNEL OF OUR OWN ARMY. CONSEQUENTLY, SUCH CIRCUMSTANCES AFFORD NO BASIS TO REIMBURSE YOU FOR THE PAYMENT MADE ON BEHALF OF THESE TRAINEES AND THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE SERVICE CHARGE MADE FOR THE USE OF THE QUARTERS WAS NOT PROPER.

WHILE THE STATEMENTS IN YOUR LETTER HAVE BEEN CAREFULLY CONSIDERED, NO BASIS IS FOUND FOR CHANGING THE CONCLUSION REACHED IN OUR DECISION OF AUGUST 23, 1962, AND IT IS AFFIRMED.