B-141082, DEC. 15, 1959

B-141082, DEC. 15, 1959

TO JAMES A. SMITH, ADCS, USCG:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 12, 1959, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 27, 1959, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE PERIOD MAY 18 TO 27, 1959, INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM SAN JUAN, PUERTO RICO, TO MIAMI, FLORIDA, BY ORDERS OF MARCH 18, 1959.

THE RECORD SHOWS THAT ON MAY 18, 1959, WHICH WAS TEN DAYS PRIOR TO YOUR DATE OF DEPARTURE FROM YOUR OVERSEAS STATION, YOU SHIPPED YOUR HOUSEHOLD EFFECTS TO MIAMI, FLORIDA, AND MOVED WITH YOUR FAMILY TO THE GALLARDO APARTMENT HOTEL WHERE YOU REMAINED FOR TEN DAYS AT A COST TO YOU OF $10 A DAY. YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE WAS ADMINISTRATIVELY DENIED PURSUANT TO INSTRUCTIONS CONTAINED IN LETTER DATED APRIL 30, 1959, FROM THE COMMANDANT, SEVENTH COAST GUARD DISTRICT. THIS LETTER STATED THAT CLAIMS FOR TEMPORARY LODGING ALLOWANCE FOR TEMPORARY ACCOMMODATIONS SECURED IN APARTMENT-TYPE HOTELS SUCH AS THE GALLARDO AND GLIMPO COURT APARTMENT HOTELS WILL NOT BE APPROVED FOR PAYMENT. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 27, 1959, FOR THE REASON THAT THE GALLARDO APARTMENT HOTEL WAS ADMINISTRATIVELY CONSIDERED NOT TO BE A HOTEL OR HOTEL-LIKE ACCOMMODATION FOR THE PURPOSE OF PAYMENT OF TEMPORARY LODGING ALLOWANCE.

IN YOUR LETTER OF OCTOBER 12, 1959, YOU CONTEND THAT SINCE YOU PAID A RENTAL OF $10 A DAY FOR ACCOMMODATIONS AT THE GALLARDO APARTMENT HOTEL, WHICH SUBSTANTIALLY EXCEEDED THE RENT YOU WOULD PAY UNDER NORMAL PERMANENT LIVING ARRANGEMENTS, SUCH ACCOMMODATIONS SHOULD BE REGARDED AS ,TEMPORARY LODGINGS" WITHIN THE MEANING OF THE APPLICABLE REGULATIONS. YOU SAY THIS CONTENTION IS SUBSTANTIATED BY THE COPY OF THE OFFICIAL VISITORS GUIDE TO PUERTO RICO, SEPTEMBER 1959, WHICH YOU ENCLOSED WITH YOUR LETTER. THIS PAMPHLET DESCRIBES THE ACCOMMODATIONS AVAILABLE AT THE GALLARDO APARTMENT HOTEL AS FOLLOWS:

"GALLARDO APARTMENT HOTEL: 1102 AVE. MAGDALENA--- CONDADO SECTION. TEL. 3-1400. 62 ROOMS WITH BATH AND KITCHENETTE. CONVENIENT FOR LONG STAYS AND RESIDENTS. MAID, LINEN AND TELEPHONE SERVICE SUPPLIED. RATES: SINGLE $5 TO $6.--- DOUBLE: $10 TO $11, MANAGER RUBEN APONTE.'

PARAGRAPH 4303-1 (2) OF THE JOINT TRAVEL REGULATIONS AUTHORIZES THE PAYMENT OF TEMPORARY LODGING ALLOWANCES IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT DUTY STATION. THE PURPOSE OF THIS ALLOWANCE IS TO REIMBURSE THE MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED WHILE RESIDING IN TEMPORARY LODGINGS AFTER VACATING PERMANENT QUARTERS PRIOR TO DETACHMENT. THOSE EXTRA LIVING EXPENSES MUST HAVE RESULTED BECAUSE THE MEMBER OCCUPIED "HOTEL OR HOTEL-LIKE ACCOMMODATIONS" REQUIRING THE PAYMENT OF HIGH TRANSIENT RENTALS AND USED PUBLIC RESTAURANTS. 33 COMP. GEN. 451. BOTH CONDITIONS MUST BE MET BEFORE THE ALLOWANCE IS PAYABLE.

SINCE THE ABOVE-QUOTED STATEMENT SHOWS THAT COOKING FACILITIES WERE AVAILABLE FOR YOUR USE AT THE GALLARDO APARTMENT HOTEL, THE SECOND CONDITION OF THE REGULATIONS, REQUIRED USE OF PUBLIC RESTAURANTS, HAS NOT BEEN MET IN YOUR CASE AND YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE MAY NOT BE ALLOWED.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 27, 1959, IS CORRECT AND IS SUSTAINED.