B-120170, OCT 26, 1954
Highlights
IT APPEARS THAT DURING THAT PERIOD THE OFFICER'S WIFE WAS EMPLOYED IN ICELAND BY A COST PLUS-A-FIXED-FEE CONTRACTOR. THE QUESTION PRESENTED IS WHETHER LIEUTENANT BRITTIAN'S WIFE OCCUPIED QUARTERS ON A RENTAL BASIS. A MILITARY PAY ORDER WAS ENCLOSED WITH YOUR LETTER. NO EVIDENCE HAS BEEN FURNISHED TO SHOW THAT THE MATTER OF QUARTERS ALLOWANCE TO LIEUTENANT BRITTIAN - WHO APPARENTLY WAS DETACHED ON MARCH 7. FROM DUTY AT THE INSTALLATION AT WHICH YOU ARE STATIONED - IS BEFORE YOU FOR PAYMENT. YOUR LETTER AND THE ENCLOSURES FORWARDED THEREWITH WILL BE RETAINED IN THIS OFFICE.
B-120170, OCT 26, 1954
PRECIS-UNAVAILABLE
FIRST LIEUTENANT D.T. WILLIAMSON, UNITED STATES AIR FORCE:
THERE HAS BEEN FORWARDED TO THIS OFFICE BY THE DEPARTMENT OF THE AIR FORCE YOUR UNDATED LETTER, WITH ENCLOSURES, REQUESTING DECISION AS TO THE PROPRIETY OF PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS, AS FOR AN OFFICER WITH A DEPENDENT, TO SECOND LIEUTENANT WILLIAM O. BRITTIAN, USAF, FOR THE PERIOD MAY 23, 1953, TO MARCH 5, 1954. IT APPEARS THAT DURING THAT PERIOD THE OFFICER'S WIFE WAS EMPLOYED IN ICELAND BY A COST PLUS-A-FIXED-FEE CONTRACTOR, UNDER AN AGREEMENT PROVIDING THAT THERE WOULD BE DEDUCTED FROM PAYMENTS OTHERWISE DUE HER THE SUM OF NOT TO EXCEED $1.20 PER DAY FOR BOARD, AND THE SUM OF NOT TO EXCEED 30 CENTS PER DAY FOR LODGING, HOSPITALIZATION, MEDICAL SERVICES, AND DENTAL CARE. IT FURTHER APPEARS THAT THE SUM OF NOT TO EXCEED 30 CENTS PER DAY, REFERRED TO BY THE CONTRACTOR'S RESIDENT AUDITOR IN ICELAND AS A "QUARTERS SERVICE CHARGE," INCLUDED THE FREE USE OF LAUNDRY FACILITIES AND THE FREE LAUNDERING OF SHEETS AND DRY CLEANING OF BLANKETS. THE ABOVE AGREEMENT FURTHER PROVIDED THAT DURING TIMES WHEN THE CONTRACTOR DID NOT FURNISH EMPLOYEES WITH BOARD AND LODGING, AN ALLOWANCE - THE AMOUNT TO BE DETERMINED BY THE CONTRACTOR - WOULD BE GIVEN THEREFOR.
THE QUESTION PRESENTED IS WHETHER LIEUTENANT BRITTIAN'S WIFE OCCUPIED QUARTERS ON A RENTAL BASIS, SO AS TO GIVE HER HUSBAND A RIGHT TO QUARTERS ALLOWANCE FOR A DEPENDENT.
A MILITARY PAY ORDER WAS ENCLOSED WITH YOUR LETTER. HOWEVER, THAT ORDER MERELY DIRECTED STOPPAGE OF QUARTERS ALLOWANCE TO LIEUTENANT BRITTIAN AND TO ONE OTHER OFFICER, EFFECTIVE MAY 23, 1953. NO EVIDENCE HAS BEEN FURNISHED TO SHOW THAT THE MATTER OF QUARTERS ALLOWANCE TO LIEUTENANT BRITTIAN - WHO APPARENTLY WAS DETACHED ON MARCH 7, 1954, FROM DUTY AT THE INSTALLATION AT WHICH YOU ARE STATIONED - IS BEFORE YOU FOR PAYMENT. UNDER SUCH CIRCUMSTANCES A DECISION MAY NOT BE RENDERED ON THE QUESTION PRESENTED. COMPARE 22 COMP. GEN. 588.
IN FORWARDING YOUR REQUEST FOR DECISION, LIEUTENANT COLONEL W.S. HARRIS, USAF, EXECUTIVE OFFICE, DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, PRESENTED A FURTHER QUESTION IN THE EVENT THAT YOUR INQUIRY SHOULD BE ANSWERED IN THE NEGATIVE. SINCE A DECISION MAY NOT BE RENDERED ON THE QUESTION AS PRESENTED BY YOU, A DECISION ON THE FURTHER QUESTION PRESENTED BY COLONEL HARRIS NEED NOT BE RENDERED AT THIS TIME.
YOUR LETTER AND THE ENCLOSURES FORWARDED THEREWITH WILL BE RETAINED IN THIS OFFICE.