B-124645, OCT. 31, 1955

B-124645, OCT. 31, 1955

TO RUBEN QUINONES, SERGEANT FIRST CLASS:

YOUR LETTER OF APRIL 29, 1955, REQUESTS THE REVIEW OF OUR SETTLEMENT OF APRIL 7, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE FOR THE PERIOD FROM APRIL 1, 1951, TO JANUARY 31, 1952, WHILE YOU WERE SERVING AS AN ENLISTED MEMBER OF COMPANY A, 296TH INFANTRY, IN PUERTO RICO.

IT IS SHOWN IN THE RECORDS THAT YOU WERE STATIONED AT HENRY BARRACKS, PUERTO RICO, DURING THE PERIOD JANUARY 26, TO JULY 5, 1951, AND THAT YOU REPORTED AT CAMP LOSEY, PUERTO RICO, ON JULY 19, 1951, AND REMAINED STATIONED THERE THROUGH THE REMAINING PERIOD OF YOUR CLAIM. CERTIFICATION OF THE PERSONNEL OFFICER, 65TH INFANTRY REGIMENT, CAMP LOSEY, WHICH WAS SUBMITTED IN SUPPORT OF YOUR CLAIM, STATES THAT A GOVERNMENT MESS WAS AVAILABLE TO YOU DURING THE PERIOD INVOLVED AND THAT YOU WERE NOT AUTHORIZED TO MESS SEPARATELY. YOUR PAY RECORDS FOR THE PERIOD IN QUESTION SHOW THAT YOUR DEPENDENT WIFE'S ADDRESS WAS NO. 12 ESTRELLA STREET, SAN GERMAN, PUERTO RICO. UPON YOUR DISCHARGE AND REENLISTMENT IN THE SERVICE ON APRIL 1, 1952, YOU WERE PAID TRAVEL PAY FROM CAMP LOSEY TO YOUR HOME AT SAN GERMAN ON THE BASIS OF A DISTANCE OF 45 MILES. APPEARS THAT THE DISTANCE FROM HENRY BARRACKS TO SAN GERMAN IS APPROXIMATELY THE SAME.

REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4300 OF THOSE REGULATIONS, THEN IN EFFECT, AUTHORIZED THE PAYMENT OF A STATION SUBSISTENCE PER DIEM ALLOWANCE ONLY FOR PERIODS WHEN GOVERNMENT MESS WAS NOT AVAILABLE, EXCEPT THAT (PARAGRAPH 4301-5) FOR PURPOSES OF DETERMINING ENTITLEMENT TO THAT ALLOWANCE,"AVAILABILITY" OF A GOVERNMENT MESS WAS APPLICABLE ONLY TO MEMBERS WITHOUT DEPENDENTS, OR WHOSE DEPENDENTS WERE NOT RESIDING IN THE VICINITY OF THEIR DUTY STATIONS, OR WERE ACTUALLY SUBSISTED IN A GOVERNMENT MESS. PARAGRAPH 4301-1 PROVIDES THAT THE TERM "MEMBER WITHOUT DEPENDENTS" SHOULD INCLUDE ALSO A MEMBER WHOSE DEPENDENTS "DO NOT RESIDE WITH HIM AT HIS FOREIGN DUTY STATION.' WHILE YOU STATE THAT "I SPEND ALL NIGHTS IN MY HOME WITH MY WIFE, EXCEPT THOSE WHEN I WAS ON DUTY AT CAMP," YOU HAVE INDICATED NO HOME ADDRESS AT YOUR DUTY STATION WHERE YOUR WIFE RESIDED. IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, IT MUST BE ASSUMED THAT SHE IN FACT RESIDED AT THE SAN GERMAN ADDRESS WHICH, BEING APPROXIMATELY 45 MILES FROM YOUR DUTY STATIONS, MAY NOT BE CONSIDERED TO BE IN THEIR VICINITY. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, YOUR STATUS UNDER THE REGULATIONS WAS THAT OF A MEMBER WITHOUT DEPENDENTS FOR PURPOSES OF DETERMINING YOUR ENTITLEMENT TO THE ALLOWANCE CLAIMED. CONSEQUENTLY, SINCE A GOVERNMENT MESS WAS AVAILABLE TO YOU AT YOUR DUTY STATION DURING THE PERIOD IN QUESTION, NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.