B-125394, JAN. 12, 1956
Highlights
WHILE YOU WERE STATIONED AT CAMP LOSEY. REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. FOR PURPOSES OF ESTABLISHING A RIGHT TO THOSE ALLOWANCES THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN THE REGULATIONS. IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER. IT IS STATED THAT YOU HAD A CLASS "Q" ALLOTMENT IN FAVOR OF YOUR MOTHER DURING THE PERIOD OF YOUR CLAIM AND THAT SHE WAS RESIDING IN MAYAGUEZ. SINCE MAYAGUEZ IS LOCATED MORE THAN 50 MILES AWAY FROM YOUR DUTY STATION AT CAMP LOSEY IT IS APPARENT THAT YOUR MOTHER WAS NOT LIVING WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE GOVERNING REGULATIONS. IN THAT RESPECT YOU ARE ADVISED THAT THE GOVERNING REGULATIONS CLEARLY REQUIRE THE DISALLOWANCE OF YOUR CLAIM.
B-125394, JAN. 12, 1956
TO CORPORAL LUIS A. SILVA:
YOUR LETTER OF AUGUST 10, 1955, REQUESTS THE REVIEW OF OUR SETTLEMENT OF MAY 2, 1955, WHICH DISALLOWED YOUR CLAIM FOR STATION PER DIEM SUBSISTENCE ALLOWANCE AS AN ENLISTED MEMBER OF THE U.S. ARMY WITH DEPENDENTS COVERING THE PERIOD FROM APRIL 1, 1951, TO JANUARY 31, 1952, WHILE YOU WERE STATIONED AT CAMP LOSEY, PUERTO RICO.
REGULATIONS GOVERNING THE PAYMENT OF STATION PER DIEM ALLOWANCES ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. FOR PURPOSES OF ESTABLISHING A RIGHT TO THOSE ALLOWANCES THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN THE REGULATIONS, AS THEN IN EFFECT (PARAGRAPH 4301-2) AS BEING A MEMBER WHOSE DEPENDENTS "RESIDE WITH HIM AT OR IN THE VICINITY OF HIS FOREIGN DUTY STATION.' SUCH PROVISION CONTEMPLATES THE SITUATION WHERE THE DEPENDENTS ACTUALLY RESIDE WITH THE MEMBER AS A PART OF HIS HOUSEHOLD. IS NOT SUFFICIENT THAT THEY RESIDE NEAR THE MEMBER; THEY MUST LIVE WITH HIM. N COMMUNICATION OF HEADQUARTERS CAMP LOSEY, CAMP LOSEY, PUERTO RICO, DATED DECEMBER 10, 1954, PERTAINING TO YOUR CLAIM, IT IS STATED THAT YOU HAD A CLASS "Q" ALLOTMENT IN FAVOR OF YOUR MOTHER DURING THE PERIOD OF YOUR CLAIM AND THAT SHE WAS RESIDING IN MAYAGUEZ, PUERTO RICO. SINCE MAYAGUEZ IS LOCATED MORE THAN 50 MILES AWAY FROM YOUR DUTY STATION AT CAMP LOSEY IT IS APPARENT THAT YOUR MOTHER WAS NOT LIVING WITH YOU AS A PART OF YOUR HOUSEHOLD WITHIN THE CONTEMPLATION OF THE GOVERNING REGULATIONS. MUST BE CONCLUDED, THEREFORE, THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.
YOU REFER TO A PAYMENT MADE TO SERGEANT RAMON SUAREZ CASIANO FOR STATION PER DIEM SUBSISTENCE ALLOWANCE UNDER CIRCUMSTANCES SIMILAR TO THOSE INVOLVED IN YOUR CASE. IN THAT RESPECT YOU ARE ADVISED THAT THE GOVERNING REGULATIONS CLEARLY REQUIRE THE DISALLOWANCE OF YOUR CLAIM, AND THE FACT THAT ANOTHER CLAIM HAS BEEN ALLOWED UNDER CIRCUMSTANCES THAT MAY APPEAR SIMILAR MAY NOT SERVE AS AUTHORITY FOR A MORE FAVORABLE CONCLUSION IN YOUR CASE.