B-120317, FEB 16, 1955

B-120317, FEB 16, 1955

PRECIS-UNAVAILABLE

EDWARD L. BUNO, SPC, RA-10304257:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 23, 1954, WHICH DISALLOWED YOUR CLAIM FOR THE STATION PER DIEM ALLOWANCE FOR THE PERIOD OCTOBER 1, 1949, TO JANUARY 2, 1951, WHILE SERVING AS CORPORAL, UNITED STATES ARMY. YOU ENCLOSED WITH YOUR LETTER A COPY OF PARAGRAPH 21, SPECIAL ORDERS NO. 144, CAMP CAVITE, APO 928, DATED JULY 24, 1951, TO THE EFFECT THAT YOU WERE ENTITLED TO THE STATION SUBSISTENCE ALLOWANCE COMMENCING APRIL 1, 1951, NO GOVERNMENT MESS BEING AVAILABLE, AND A CERTIFICATE DATED SEPTEMBER 3, 1952, FROM THE OVERSEAS COMMAND CONCERNED STATING THAT DURING THE PERIOD COVERED BY YOUR CLAIM GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOUR DEPENDENTS.

PRIOR TO THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, THERE WAS NO STATUTORY AUTHORITY TO CONSIDER THE COST OF LIVING OF DEPENDENTS IN FIXING THE RATE OF PER DIEM TO BE PAID MEMBERS OF THE UNIFORMED SERVICES WHILE PERFORMING DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. SECTION 303(B) OF THAT ACT, 63 STAT. 814, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. THE FIRST REGULATIONS ISSUED UNDER SECTION 303(B) OF THE CAREER COMPENSATION ACT OF 1949 BY THE DEPARTMENT OF THE ARMY AUTHORIZING SUCH PAYMENTS WERE ISSUED ON JUNE 30, 1950. SUCH REGULATIONS AMENDED PARAGRAPH 4A, SPECIAL REGULATIONS 35-3080-1, DATED MAY 23, 1949, BY PROVIDING THAT OFFICERS AND ENLISTED MEMBERS WHO ARE RECEIVING A BASIC ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT, 63 STAT. 812, SHALL BE ENTITLED, IN ADDITION, TO THE QUARTERS PORTION OF THE STATION PER DIEM ALLOWANCE PROVIDED FOR OFFICERS, WHICH WILL BE IN LIEU OF ANY OTHER STATION ALLOWANCE FOR QUARTERS, PROVIDED THAT THIS ALLOWANCE SHALL NOT BE CREDITED TO MEMBERS WITH DEPENDENTS WHEN THEIR DEPENDENTS ARE NOT RESIDING IN THE VICINITY OF THEIR PERMANENT STATION UNLESS GOVERNMENT QUARTERS ARE NOT AVAILABLE TO THEM AT THEIR PERMANENT STATION AS MEMBERS WITHOUT DEPENDENTS. THESE REGULATIONS WERE NOT IN EFFECT UNTIL JUNE 30, 1950, AND, IN ANY EVENT, WOULD NOT HAVE AUTHORIZED PAYMENT OF STATION PER DIEM ALLOWANCE TO YOU PRIOR TO THAT DATE SINCE YOU WERE NOT RECEIVING AN ALLOWANCE FOR QUARTERS UNDER SECTION 302 OF THE CAREER COMPENSATION ACT, BUT WERE DRAWING SAVED PAY DURING SUCH PERIOD. HOWEVER, SINCE IT APPEARS THAT GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOUR DEPENDENTS, WHO WERE RESIDING IN THE VICINITY OF YOUR STATION, AND YOUR MILITARY PAY RECORD SHOWS THAT YOUR SAVED PAY STATUS TERMINATED ON JULY 31, 1950, AFTER WHICH YOU RECEIVED THE BASIC ALLOWANCE FOR QUARTERS UNDER THE CAREER COMPENSATION ACT, YOU ARE ENTITLED TO THE STATION PER DIEM ALLOWANCE FOR QUARTERS FOR THE PERIOD AUGUST 1, 1950, TO JANUARY 2, 1951.

RESPECTING THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE, REGULATIONS APPLICABLE DURING THE PERIOD OF YOUR CLAIM AUTHORIZED PAYMENT OF SUCH ALLOWANCE ONLY WHEN GOVERNMENT MEALS WERE NOT AVAILABLE TO MEMBERS THEMSELVES, WITHOUT REGARD TO THEIR MARITAL STATUS. THE ORDERS OF JULY 24, 1951, FURNISHED BY YOU IN SUPPORT OF YOUR CLAIM, HAVE NO APPLICATION SINCE THEY CONCERN THE PERIOD COMMENCING APRIL 1, 1951, AND WERE ISSUED UNDER THE JOINT TRAVEL REGULATIONS WHICH BECAME EFFECTIVE ON THAT DATE AND MATERIALLY CHANGED YOUR RIGHT TO THE STATION PER DIEM ALLOWANCE. SINCE IT DOES NOT APPEAR THAT GOVERNMENT MEALS WERE NOT AVAILABLE TO YOU PERSONALLY FROM OCTOBER 1, 1949, TO JANUARY 2, 1951, NO PART OF YOUR CLAIM FOR THE SUBSISTENCE PORTION OF THE STATION PER DIEM ALLOWANCE MAY BE ALLOWED.

A SETTLEMENT FOR THE STATION PER DIEM ALLOWANCE FOR QUARTERS IN THE AMOUNT FOUND DUE FOR THE PERIOD AUGUST 1, 1950, TO JANUARY 2, 1951, WILL ISSUE IN DUE COURSE.