B-103486, MAR. 3, 1964
Highlights
THE CLAIM WAS DISALLOWED BY SETTLEMENT OF OCTOBER 7. THAT ACTION WAS SUSTAINED BY OUR DECISION OF JANUARY 23. REGULATIONS AND CITATIONS TO COURT DECISIONS WHICH WE VIEWED AS CONTROLLING IN THE MATTER WERE SET FORTH IN OUR DECISION AND WILL NOT BE REPEATED HERE. THE PURPOSE OF THE LIVING QUARTERS ALLOWANCE IS TO REIMBURSE THE EMPLOYEE FOR THE COSTS OF RENTAL AND ALLOWABLE UTILITIES AND IS NOT TO BE CONSIDERED AS ADDITIONAL COMPENSATION FOR SERVICES RENDERED. YOU ADMIT THAT THE ALLOWANCE WHICH YOU RECEIVED WAS SUFFICIENT TO COVER YOUR COSTS BUT CONTEND THAT A PROCEDURAL ERROR WAS COMMITTED AND THAT AS A RESULT THEREOF YOU ARE ENTITLED TO THE SUM OF $2.
B-103486, MAR. 3, 1964
TO MR. JAMES E. ABNEY, U.S. ARMY AUDIT AGENCY:
THIS REFERS TO YOUR LETTER OF FEBRUARY 12, 1964, IN WHICH YOU REASSERT YOUR CLAIM FOR $2,556.19, AS ADDITIONAL LIVING QUARTERS ALLOWANCE DURING THE PERIOD APRIL 25, 1961, THROUGH APRIL 13, 1963, INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.
THE CLAIM WAS DISALLOWED BY SETTLEMENT OF OCTOBER 7, 1963, AND THAT ACTION WAS SUSTAINED BY OUR DECISION OF JANUARY 23, 1964, B-103486, FOLLOWING A REVIEW OF THE MATTER AT YOUR REQUEST. THE PERTINENT FACTS, REGULATIONS AND CITATIONS TO COURT DECISIONS WHICH WE VIEWED AS CONTROLLING IN THE MATTER WERE SET FORTH IN OUR DECISION AND WILL NOT BE REPEATED HERE.
YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY CONSIDERED BY OUR OFFICE. AS HERETOFORE STATED, THE PURPOSE OF THE LIVING QUARTERS ALLOWANCE IS TO REIMBURSE THE EMPLOYEE FOR THE COSTS OF RENTAL AND ALLOWABLE UTILITIES AND IS NOT TO BE CONSIDERED AS ADDITIONAL COMPENSATION FOR SERVICES RENDERED. YOU ADMIT THAT THE ALLOWANCE WHICH YOU RECEIVED WAS SUFFICIENT TO COVER YOUR COSTS BUT CONTEND THAT A PROCEDURAL ERROR WAS COMMITTED AND THAT AS A RESULT THEREOF YOU ARE ENTITLED TO THE SUM OF $2,556.19 OVER AND ABOVE SUCH COSTS.
FOR THE REASONS STATED IN OUR DECISION OF JANUARY 23, 1964, WE DO NOT AGREE WITH YOUR CONTENTIONS AND MUST ADHERE TO THAT DECISION.