B-137538, OCT. 13, 1959

B-137538, OCT. 13, 1959

TO MRS. MARY L. R. SANDS, HEADQUARTERS STRATEGIC AIR COMMAND, DIRECTORATE OF PLANS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 11, 1958, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN OUR DECISION DATED DECEMBER 9, 1958, B-137538, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR BASIC ALLOWANCE IN LIEU OF QUARTERS IN YOUR OWN RIGHT FOR THE PERIOD FROM MARCH 22 TO OCTOBER 31, 1956, WHILE YOU WERE SERVING AS CAPTAIN, UNITED STATES AIR FORCE (AIR FORCE NURSE CORPS), AND ASSIGNED TO THE 377TH UNITED STATES AIR FORCE HOSPITAL AT SIDI SLIMANE AIR BASE, MOROCCO. ALSO, WE HAVE RECEIVED YOUR LETTER DATED MARCH 23, 1959, AND YOUR LETTER DATED MAY 21, 1959, CONCERNING THE SAME MATTER.

YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 10, 1958, ON THE BASIS THAT, HAVING BEEN GRANTED PERMISSION TO RESIDE WITH YOUR HUSBAND, WHO WAS ALSO AN AIR FORCE OFFICER AND ASSIGNED TO THE SAME BASE, YOU WOULD BE ENTITLED TO THE ALLOWANCE CLAIMED ONLY IN THE EVENT THAT ADEQUATE QUARTERS FOR A FEMALE MEMBER WITHOUT DEPENDENTS WERE NOT AVAILABLE FOR YOUR OCCUPANCY, AND THAT THE EVIDENCE OF RECORD WAS NOT SUFFICIENT TO SHOW THAT SUCH QUARTERS WERE NOT SO AVAILABLE. THE DISALLOWANCE WAS SUSTAINED IN OUR DECISION DATED DECEMBER 9, 1958, ON THE BASIS THAT THE VALIDITY OF YOUR CLAIM HAD NOT BEEN ESTABLISHED AND THAT THE EVIDENCE THEN OF RECORD DID NOT SUPPORT YOUR CONCLUSION THAT ALL QUARTERS AVAILABLE TO YOU AT THE BASE HAD BEEN DECLARED BY COMPETENT AUTHORITY TO BE INADEQUATE FOR INVOLUNTARY OCCUPANCY.

WITH YOUR LETTER DATED DECEMBER 11, 1958, FURNISHED, AS ADDITIONAL EVIDENCE, A CERTIFICATE OF LIEUTENANT COLONEL OWEN A. WEDDLE, UNITED STATES AIR FORCE, THAT HE HELD THE POSITION AS DEPUTY BASE COMMANDER AT SIDI SLIMANE AIR BASE, MOROCCO, DURING THE PERIOD OF AUGUST 1956 THROUGH JUNE 1958 AND THAT:

"BUILDINGS S-1780 AND 1781 WERE THE ONLY BOQ'S AT SIDI SLIMANE WHICH WERE ADEQUATE FOR INVOLUNTARY OCCUPANCY. DUE TO THE CRITICAL HOUSING SHORTAGE, THESE BOQ'S WERE AVAILABLE TO MALE OFFICERS AND WARRANT OFFICERS ONLY. THE BEST OF MY KNOWLEDGE, THE ABOVE CITED BUILDINGS WERE NEVER AVAILABLE TO FEMALE PERSONNEL.'

WITH YOUR LETTER DATED MARCH 23, 1959, YOU FURNISHED A CERTIFICATE OF COLONEL WILLIAM E. TODD, UNITED STATES AIR FORCE, THAT HE HELD THE POSITION AS BASE COMMANDER AT SIDI SLIMANE AIR BASE, MOROCCO, DURING THE PERIOD OF SEPTEMBER 4, 1955, THROUGH AUGUST 1, 1957. THE REMAINDER OF HIS CERTIFICATE IS PRACTICALLY IDENTICAL WITH THAT PART OF THE CERTIFICATE OF LIEUTENANT COLONEL OWEN A. WEDDLE WHICH IS QUOTED ABOVE.

AFTER THE RECEIPT OF YOUR LETTER DATED DECEMBER 11, 1958, WE WROTE TO THE AIR FORCE FINANCE CENTER, DENVER, COLORADO, REQUESTING MORE DEFINITE INFORMATION AS TO THE FACTS IN YOUR CASE. WE STATED IN OUR LETTER THAT YOU HAD FURNISHED A CERTIFICATE SIGNED BY LIEUTENANT COLONEL OWEN A. WEDDLE, WHO CERTIFIES THAT HE HELD THE POSITION OF DEPUTY BASE COMMANDER AT SIDI SLIMANE AIR BASE, MOROCCO, DURING THE PERIOD OF AUGUST 1956 THROUGH JUNE 1958 AND THAT BUILDINGS S-1780 AND 1781, WHICH "WERE THE ONLY BOQ'S AT SIDI SLIMANE WHICH WERE ADEQUATE FOR INVOLUNTARY OCCUPANCY," WERE AT THAT TIME AVAILABLE TO MALE OFFICERS AND WARRANT OFFICERS ONLY. ASKED, AMONG OTHER THINGS, IN THE EVENT YOU AND YOUR HUSBAND DID NOT OCCUPY GOVERNMENT QUARTERS DURING THE PERIOD FROM MARCH 21 TO OCTOBER 31, 1956, THAT INFORMATION BE FURNISHED AS TO WHETHER OR NOT THE BASE COMMANDER MADE A DETERMINATION THAT ADEQUATE GOVERNMENT QUARTERS AS FOR A MEMBER WITHOUT DEPENDENTS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU DURING THAT PERIOD AND THAT FAMILY QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOUR HUSBAND.

WE HAVE RECEIVED FROM THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, A LETTER DATED OCTOBER 1, 1959, CONCERNING YOUR CASE. IN THE ACCOMPANYING 4TH INDORSEMENT RECEIVED FROM 3906TH UNITED STATES AIR FORCE HOSPITAL, APO 117, NEW YORK, NEW YORK, IT IS STATED, IN PERTINENT PART, THAT:

"INFORMATION OBTAINED FROM BASE HOUSING OFFICE INDICATES THAT MRS. SANDS' HUSBAND, CAPT. BEN F. SANDS, WAS ASSIGNED GOVERNMENT RENTAL TRAILER AT A COST OF $39.00 PER MONTH PAYABLE TO BASE FINANCE, EFFECTIVE 12 APRIL 1956; DATE OF TERMINATION WAS 2 APRIL 1957. WE ARE UNABLE TO DETERMINE WHERE MRS. SANDS RESIDED DURING THE PERIOD 22 MARCH 1956 TO 12 APRIL 1956. UNOFFICIAL SOURCES INDICATE THAT BACHELOR OFFICER'S QUARTERS WERE ADEQUATE ALTHOUGH THEY WERE OF THE DALLAS HUT VARIETY. WE ARE UNABLE TO DETERMINE THE REASON HER ACCOUNT WAS CHECKED IN THE AMOUNT OF $456 TO COVER "BAQ/S)" CREDITED FOR THE PERIOD 21 MARCH TO 31 AUGUST 1956. DUE TO THE SHORT TOUR AREA AT THIS BASE, IT IS EXTREMELY DIFFICULT TO OBTAIN THE OTHER INFORMATION REQUESTED.

"AFTER A COMPLETE INVESTIGATION OF THIS MATTER, IT IS FELT THAT WE HAVE PROVIDED ALL AVAILABLE INFORMATION FROM BASE RECORDS AND UNOFFICIAL SOURCES.'

AS YOU WERE ADVISED IN OUR DECISION DATED DECEMBER 9, 1958, THE OFFICIAL RECORDS SHOW THAT ON APRIL 19, 1956, YOU MADE A WRITTEN REQUEST UNDER THE PROVISIONS OF "NUMBERED LETTER 30-1, 3906TH AIR BASE GROUP," THAT YOU BE AUTHORIZED TO OCCUPY PUBLIC QUARTERS WITH YOUR HUSBAND, EFFECTIVE MARCH 21, 1956, STATING THAT YOUR ADDRESS WOULD BE: OASIS TRAILER COURT, TRAILER NO. 22C, SIDI SLIMANE AIR BASE, FRENCH MOROCCO. YOUR REQUEST WAS APPROVED BY THE COMMANDER, HEADQUARTERS 3906TH AIR BASE GROUP, APO 117, ON APRIL 20, 1956, AND MILITARY PAY ORDER NO. 221, 377TH UNITED STATES AIR FORCE HOSPITAL, APO 117, WAS ISSUED ON JUNE 1, 1956, AUTHORIZING THE DISBURSING OFFICER TO CREDIT YOUR PAY ACCOUNT WITH "BAQ (OWN RIGHT)" FROM MARCH 21, 1956. YOUR PAY ACCOUNT WAS CREDITED WITH "BAQ/IOR)" FROM MARCH 21 TO AUGUST 31, 1956, AT THE RATE OF $85.50 A MONTH, IN THE TOTAL AMOUNT OF $456. MILITARY PAY ORDER NO. 78, 377TH UNITED STATES AIR FORCE HOSPITAL, WAS ISSUED ON SEPTEMBER 25, 1956, REVOKING MILITARY PAY ORDER NO. 221, DATED JUNE 1, 1956, AND PROVIDING: "AMOUNT DUE US TO BE PAID BACK OVER A PERIOD OF TWO MONTHS," THE FIRST DEDUCTION TO BE MADE ON SEPTEMBER 30, 1956. YOUR PAY RECORD CARD CLOSED OCTOBER 31, 1956, SHOWS CHECK AGES IN THE TOTAL AMOUNT OF $456 TO COVER "BAQ/S)" CREDITED FOR THE PERIOD FROM MARCH 21 TO AUGUST 31, 1956.

THE ISSUANCE OF THE ORDER DATED JUNE 1, 1956, AUTHORIZING THE DISBURSING OFFICER TO CREDIT YOUR PAY ACCOUNT WITH "BAQ/OWN RIGHT)" FROM MARCH 21, 1956, MIGHT BE CONSIDERED AS A DETERMINATION THAT ADEQUATE GOVERNMENT QUARTERS AS FOR A FEMALE MEMBER WITHOUT DEPENDENTS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU. THE REVOCATION OF SUCH ORDER BY THE ORDER DATED SEPTEMBER 25, 1956, HOWEVER, AND THE SUBSEQUENT CHECK AGES TO COVER THE TOTAL AMOUNT CREDITED AS "BAQ/S)" FOR THE PERIOD FROM MARCH 21 TO AUGUST 31, 1956, CAN BE CONSIDERED ONLY AS A DETERMINATION THAT YOU WERE NOT ENTITLED TO SUCH AMOUNT BECAUSE ADEQUATE QUARTERS WERE AVAILABLE FOR ASSIGNMENT TO YOU. IT IS NOW ADMINISTRATIVELY REPORTED THAT "BACHELOR'S QUARTERS WERE ADEQUATE" AND IT IS CLEARLY SHOWN THAT SUCH REPORT WAS MADE WITH KNOWLEDGE OF THE CONTENTS OF THE CERTIFICATE EXECUTED BY LIEUTENANT COLONEL OWEN A. WEDDLE. ACCORDINGLY, THE CERTIFICATES FURNISHED BY YOU CANNOT BE CONSIDERED AS ESTABLISHING YOUR RIGHT TO THE AMOUNT CLAIMED.

SINCE WE DO NOT CONSIDER THAT THE VALIDITY OF YOUR CLAIM HAS BEEN ESTABLISHED AND SINCE FURTHER DEVELOPMENT SEEMS IMPRACTICABLE WE MUST ADHERE TO THE CONCLUSION REACHED IN OUR DECISION DATED DECEMBER 9, 1958.