B-142928, JUN. 2, 1960

B-142928, JUN. 2, 1960

TO LIEUTENANT COLONEL ROBERT M. WHITENTON:

YOUR LETTER OF APRIL 28, 1960, IN EFFECT REQUESTS REVIEW OF THE SETTLEMENT OF MARCH 4, 1960, WHICH DISALLOWED YOUR CLAIM FOR TEMPORARY LODGING ALLOWANCE DURING THE PERIOD AUGUST 3 TO SEPTEMBER 9, 1959, IN CONNECTION WITH YOUR ASSIGNMENT TO CARACAS, VENEZUELA, UNDER SPECIAL ORDERS NO. 230, DATED NOVEMBER 19, 1958.

THE CITED ORDERS TRANSFERRED YOU FROM WASHINGTON, D.C., TO FORT CLAYTON, CANAL ZONE, WITH STATION AT INTER AMERICAN GEODETIC SURVEY PROJECT OFFICE, CARACAS, VENEZUELA, AND DIRECTED YOU TO PROCEED UPON COMPLETION OF TEMPORARY DUTY. THE ORDERS INDICATED THAT CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED AND STATED THAT THERE WAS NO RESTRICTION ON SHIPMENT OF HOUSEHOLD GOODS WITHIN AUTHORIZED WEIGHT ALLOWANCE. IT APPEARS THAT YOU AND YOUR DEPENDENTS ARRIVED IN VENEZUELA ON JULY 9, 1959; THAT YOUR HOUSEHOLD GOODS ARRIVED ON JULY 29, 1959, AND THAT BASED ON ASSURANCES FROM AN AGENCY OF THE VENEZUELAN GOVERNMENT THAT THEY WOULD BE RELEASED BY AUGUST 3, 1959, YOU LEASED A HOUSE EFFECTIVE AUGUST 1 AND MADE ARRANGEMENTS TO MOVE INTO IT FROM TEMPORARY QUARTERS ON AUGUST 3. APPEARS, HOWEVER, THAT DELAY WAS ENCOUNTERED PENDING ACQUIESCENCE BY THE VENEZUELAN GOVERNMENT TO ADMIT HOUSEHOLD EFFECTS OF INTER AMERICAN GEODETIC SURVEY PERSONNEL WITHOUT PAYMENT OF AN IMPORT DUTY; THAT AN AGREEMENT TO THAT EFFECT WAS REACHED ON AUGUST 29, 1959; THAT YOU MOVED INTO YOUR LEASED HOME ON SEPTEMBER 3, 1959, AND THAT YOUR EFFECTS WERE RELEASED ON SEPTEMBER 18, 1959.

IT IS YOUR CONTENTION THAT YOU INCURRED MORE THAN NORMAL EXPENSES IN THAT YOU AND YOUR FAMILY CONTINUED TO LIVE IN TEMPORARY QUARTERS AFTER YOU HAD MADE PERMANENT LIVING ARRANGEMENTS. THEREFORE, YOU BELIEVE YOU ARE ENTITLED TO A TEMPORARY LODGING ALLOWANCE OF $42 PER DAY FOR 38 DAYS ($1,596), LESS THE HOUSING AND COST OF LIVING ALLOWANCE ($773.30) PAID TO YOU FOR THE SAME PERIOD, OR $822.70. YOUR CLAIM WAS DENIED BY THE DEPARTMENT OF THE ARMY, AND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON STATED THEREIN. YOU CONTINUE TO CONTEND, HOWEVER, THAT YOU SHOULD BE REIMBURSED FOR THE ADDITIONAL EXPENSES RESULTING FROM YOUR TEMPORARY LIVING ARRANGEMENTS.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (B), PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICE ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN CANADA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO THE MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER INCIDENTAL EXPENSES. PARAGRAPH 4303 1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY OF LAW, PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS AND HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS DURING CERTAIN PERIODS INCLUDING UPON INITIAL ARRIVAL AT A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES.

THE RECORD SHOWS THAT YOU WERE PAID HOUSING AND COST OF LIVING ALLOWANCES FOR THE PERIOD JULY 9 THROUGH SEPTEMBER 9, 1959, ON THE BASIS OF YOUR CERTIFICATE WHICH INCLUDED INFORMATION THAT COOKING FACILITIES WERE AVAILABLE AND MEALS WERE NOT OBTAINED IN PUBLIC RESTAURANTS. THUS, THE RECORD DOES NOT SHOW--- NOR DO YOU ALLEGE--- THAT YOU AND YOUR DEPENDENTS LIVED IN A HOTEL OR IN HOTEL-LIKE ACCOMMODATIONS OR ATE IN PUBLIC RESTAURANTS DURING THE PERIOD FOR WHICH THE ALLOWANCE IS CLAIMED. IN THE CIRCUMSTANCES, THERE IS NO LEGAL BASIS FOR PAYMENT OF THE TEMPORARY LODGING ALLOWANCE FOR THE PERIOD CLAIMED.