B-126340, MAR. 20, 1956

B-126340, MAR. 20, 1956

TO MR. ELMER E. FECHTNER:

REFERENCE IS MADE TO A LETTER DATED NOVEMBER 1, 1955, WITH ENCLOSURES, FROM THE CHIEF COUNSEL, DISCHARGE REVIEW, VETERANS OF FOREIGN WARS OF THE UNITED STATES, AT THE ABOVE ADDRESS, WRITTEN IN YOUR BEHALF, WHICH IS IN THE NATURE OF A REQUEST FOR REVIEW OF SETTLEMENT OF JULY 10, 1947, DISALLOWING YOUR CLAIM FOR QUARTERS ALLOWANCE FOR THE PERIOD FROM DECEMBER 18, 1942, TO NOVEMBER 6, 1944, AND FOR A SUBSISTENCE ALLOWANCE FOR THE PERIOD FROM MARCH 12 TO MAY 3, 1945, WHILE SERVING AS SPECIALIST FIRST CLASS, UNITED STATES NAVAL RESERVE.

BY THE SETTLEMENT OF JULY 10, 1947, YOUR CLAIM WAS DISALLOWED ON THE BASIS OF A REPORT FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, SHOWING THAT FOR THE PERIOD FROM SEPTEMBER 30, 1942, TO NOVEMBER 21, 1945, YOUR ACCOUNT WAS CREDITED WITH A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR A DEPENDENT WIFE AT THE RATE OF $1.25 PER DAY AND WITH A SUBSISTENCE ALLOWANCE FROM 1200, MARCH 12 TO MAY 18, 1945, AT THE RATE OF $1.80 A DAY. IN ADDITION, YOU WERE INFORMED THAT INFORMATION FURNISHED BY THE BUREAU OF NAVAL PERSONNEL WAS TO THE EFFECT THAT, DURING THE PERIOD OF YOUR CLAIM, QUARTERS WERE AVAILABLE TO YOU IN THE U.S. NAVAL RESERVE ARMORY, LAKE FRONT AND RANDOLPH STREETS, CHICAGO, ILLINOIS.

IT IS NOW POINTED OUT, IN AN ENCLOSURE FORWARDED FOR CONSIDERATION WITH YOUR CLAIM, THAT SINCE YOUR CLAIM IS ON THE BASIS OF DUTY PERFORMED AT MILWAUKEE, WISCONSIN, RATHER THAN AT CHICAGO, ILLINOIS, THE AVAILABILITY OF QUARTERS FOR YOUR USE IN CHICAGO FORMS NO BASIS FOR DENYING YOUR CLAIM. IN THAT CONNECTION YOU ARE INFORMED THAT, ALTHOUGH YOUR CLAIM N GAO (CD) FORM 2034--- WHICH MENTIONS YOUR ALLEGED MILWAUKEE DUTY--- WAS TRANSMITTED TO US BY THE BUREAU OF SUPPLIES AND ACCOUNTS, THE OFFICIAL REPORTS RECEIVED HERE FROM THE DEPARTMENT OF THE NAVY (INCLUDING A TRANSCRIPT FROM THE BUREAU OF NAVAL PERSONNEL OF YOUR ENLISTED SERVICE FOR THE PERIOD FROM DECEMBER 18, 1942, TO NOVEMBER 6, 1944) FAIL TO INCLUDE ANY STATEMENT REGARDING SERVICE PERFORMED BY YOU AT MILWAUKEE.

HOWEVER, INASMUCH AS YOUR NAME IS INCLUDED IN THE ORDERS OF DECEMBER 16, 1942, ADDRESSED TO LESTER MILTON LUND WHO WAS IN CHARGE OF THE MEN NAMED ON THOSE ORDERS WHO WERE TO PROCEED TO MILWAUKEE, YOUR CLAIM WILL BE CONSIDERED ON THE BASIS THAT YOU PERFORMED SHORE PATROL DUTY AT MILWAUKEE DURING THE PERIOD INVOLVED. IN OTHER CASES INVOLVING SUCH CLAIMS FOR QUARTERS ALLOWANCE WHILE ON SHORE PATROL DUTY AT MILWAUKEE- - INCLUDING THAT OF MR. LUND--- THE DEPARTMENT OF THE NAVY HAS REPORTED THAT PRIOR TO JUNE 21, 1945, QUARTERS WERE PROVIDED IN THE SAFETY BUILDING, WITHOUT COST, TO THE NAVY SHORE PATROL DETACHMENT IN MILWAUKEE. SUCH QUARTERS WERE AVAILABLE FOR OCCUPANCY BY ALL MEMBERS OF THAT DETACHMENT DURING THE PERIOD COVERED BY YOUR CLAIM AND NO SPECIFIC ORDERS AUTHORIZING YOU TO PROVIDE QUARTERS FOR YOURSELF OR FOR PAYMENT TO YOU OF A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOURSELF APPEAR TO HAVE BEEN ISSUED. YOU HAVE FURNISHED NO ORDERS OF THAT NATURE AND SINCE THE RECORDS SHOW THAT FOR THE PERIODS COVERED BY YOUR CLAIM, YOU WERE CREDITED WITH MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR WIFE AND WITH SUBSISTENCE ALLOWANCE, THERE IS NO LEGAL BASIS FOR ANY FURTHER QUARTERS ALLOWANCE PAYMENT TO YOU IN THE ABSENCE OF ORDERS PREVENTING YOUR DEPENDENTS FROM DWELLING WITH YOU. SEE 22 COMP. GEN. 80; 23 COMP. GEN. 927. YOUR CLAIM IS SIMILAR TO THE CLAIM OF MR. FRANK J. CARROLL WHICH WAS CONSIDERED IN DECISION OF NOVEMBER 12, 1947, B-67614,A COPY OF WHICH IS ENCLOSED.