B-149298, AUG. 6, 1962

B-149298, AUG. 6, 1962

TO MR. DANNY R. DENNIS:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 19, 1962, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR ADDITIONAL TEMPORARY LODGING ALLOWANCE FOR THE PERIOD SEPTEMBER 19 TO OCTOBER 3, 1961, WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 15, 1962.

SPECIAL ORDERS NO. 310, 2140TH COMMUNICATIONS SQUADRON, AIR FORCE COMMUNICATIONS SERVICE, U.S. AIR FORCE, APO 223, NEW YORK, NEW YORK, DATED AUGUST 29, 1961, DIRECTED YOUR RELIEF FROM ASSIGNMENT AT TUSLOG DETACHMENT 11, APO 224, AND ASSIGNED YOU TO 1611TH AIR BASE GROUP, MCGUIRE AIR FORCE BASE, NEW JERSEY, FOR SEPARATION FROM THE SERVICE. THE ORDERS DIRECTED THAT YOU REPORT FOR TRANSPORTATION TO THE UNITED STATES AT RHEIN-MAIN AIR BASE, GERMANY, NOT LATER THAN SEPTEMBER 4, 1961. SPECIAL ORDERS NO. 332, OF THE SAME COMMAND, DATED SEPTEMBER 7, 1961, REVOKED THE PROVISIONS OF SPECIAL ORDERS NO. 310, DATED AUGUST 29, 1961, AND AGAIN PROVIDED FOR THE CHANGE OF STATION ASSIGNMENT MENTIONED IN THE PREVIOUS ORDERS, WITH REPORTING DATE AT RHEIN-MAIN AIR BASE FOR TRANSPORTATION NOT LATER THAN SEPTEMBER 20, 1961. FINALLY, SPECIAL ORDERS NO. 357, OF THE SAME COMMAND, DATED SEPTEMBER 20, 1961, CANCELLED SPECIAL ORDERS NO. 332 AND PROVIDED FOR A SIMILAR TRANSFER TO 1611TH AIR BASE GROUP, MCGUIRE AIR FORCE BASE, NEW JERSEY, FOR SEPARATION, BUT STATED THAT THE PORT CALL AND OTHER DATA WOULD BE SHOWN ON A SUBSEQUENT SPECIAL ORDER. BY PARAGRAPH 1, SPECIAL ORDERS NO. 427, DATED DECEMBER 6, 1961, ALSO OF THE 2140TH COMMUNICATIONS SQUADRON, SPECIAL ORDERS NO. 357 WERE AMENDED BY PROVIDING FOR EFFECTIVE DATE OF CHANGE OF STRENGTH ACCOUNTABILITY AS OCTOBER 9, 1961, WITH DEPARTURE DATE AS SEPTEMBER 29, 1961. YOUR ITINERARY WITH THE VOUCHER MAKING PAYMENT FOR YOUR TRAVEL PURSUANT TO SPECIAL ORDERS NO. 357, SHOWS THAT YOU DEPARTED IZMIR, TURKEY, ON OCTOBER 4 AND ARRIVED AT MCGUIRE AIR FORCE BASE, NEW JERSEY, ON OCTOBER 7, 1961.

THE RECORD SHOWS THAT YOU WERE CREDITED TEMPORARY LODGING ALLOWANCE AT THE RATE OF $9 PER DAY FOR THE PERIOD SEPTEMBER 9 TO 18, 1961. SUBSEQUENT TO YOUR DISCHARGE OCTOBER 10, 1961, YOU PRESENTED A CLAIM FOR ADDITIONAL TEMPORARY LODGING ALLOWANCE FOR THE PERIOD FROM SEPTEMBER 19 THROUGH OCTOBER 3, 1961. THE ENCLOSURES WITH YOUR CLAIM INCLUDED RECEIPTS FOR HOTEL ACCOMMODATIONS AT IZMIR, TURKEY, FROM SEPTEMBER 1 THROUGH OCTOBER 3, 1961, TOGETHER WITH A LETTER FROM THE COMMANDER OF YOUR DETACHMENT DATED OCTOBER 3, 1961, WHICH STATED THAT YOU WERE DELAYED WITH RESPECT TO PORT CALLS OF SEPTEMBER 4 AND 20, 1961, BECAUSE OF NONRECEIPT OF SPECIAL ORDERS FOR A PERMANENT CHANGE OF STATION MOVE. THE LETTER STATES FURTHER THAT PERSONNEL STATIONED IN THAT AREA LIVING ON THE LOCAL ECONOMY DRAW $2.57 PER DAY BASIC ALLOWANCE FOR SUBSISTENCE AND $1.20 PER DAY HOUSING ALLOWANCE, WITH A LOWER HOUSING RATE FOR SINGLE OR UNACCOMPANIED PERSONNEL. THE CLAIM WAS TRANSMITTED TO THIS OFFICE FOR CONSIDERATION, AND BY SETTLEMENT DATED JUNE 15, 1962, IT WAS DISALLOWED FOR THE REASON THAT THE JOINT TRAVEL REGULATIONS LIMIT PAYMENT OF TEMPORARY LODGING ALLOWANCES TO 10 DAYS UPON DEPARTURE FROM AN OVERSEAS DUTY STATION, SINCE YOU WERE CREDITED 10 DAYS' ALLOWANCE ON YOUR PAY RECORD. YOU CONTEND THAT YOU ARE DUE PAYMENT OF THE ADDITIONAL ALLOWANCE BECAUSE OF THE EXTRA EXPENSES YOU WERE REQUIRED TO BEAR AT IZMIR SINCE THE DELAY THERE WAS CAUSED BY THE HEADQUARTERS ORGANIZATION IN NOT ISSUING THE SPECIAL ORDERS ON TIME.

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 SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OF PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING OF MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. UNDER THE PROVISIONS OF PARAGRAPH 4303 2C OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SUCH AUTHORITY, A TEMPORARY LODGING ALLOWANCE IS PAYABLE FOR THE PERIOD OF OCCUPANCY OF A HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND THE USE OF PUBLIC RESTAURANTS BY THE MEMBER OR HIS DEPENDENTS, AFTER SURRENDER OF PERMANENT QUARTERS, FOR THE LAST 10 DAYS PRECEDING THE COMPLIANCE WITH CHANGE-OF-STATION ORDERS. UNDER SUCH REGULATION IT IS CLEAR THAT A MEMBER MAY NOT BE PAID MORE THAN A 10-DAY MAXIMUM TEMPORARY LODGING ALLOWANCE INCIDENT TO LEAVING HIS OVERSEAS STATION, NOTWITHSTANDING THAT HE AND HIS DEPENDENTS MAY HAVE OCCUPIED HOTEL ACCOMMODATIONS FOR A LONGER PERIOD PRECEDING HIS DEPARTURE BECAUSE OF CIRCUMSTANCES BEYOND HIS CONTROL. THE PERTINENT AIR FORCE REGULATIONS IN THIS RESPECT PROVIDE IN AFM 177-105, PARAGRAPH 21610D (2), AS FOLLOWS: ALLOWANCES ARE AUTHORIZED IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS OR SURRENDER OF OTHER PERMANENT LIVING ACCOMMODATIONS. THE PERIOD OF ENTITLEMENT TO SUCH ALLOWANCES WILL NOT EXCEED TEN DAYS PRECEDING THE DATE OF DEPARTURE OF THE MEMBER FROM HIS PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE OF STATION ORDERS.'

IN VIEW OF THE FOREGOING REGULATIONS, THERE IS NO AUTHORITY FOR PAYMENT TO YOU OF ADDITIONAL TEMPORARY LODGING ALLOWANCE BEYOND THE 10 DAYS AUTHORIZED BY LAW, WHICH YOU INDICATE YOU HAVE ALREADY RECEIVED. IN THAT CONNECTION, IT APPEARS FROM THE LETTER OF YOUR COMMANDING OFFICER, DATED OCTOBER 3, 1961, THAT YOU WERE CREDITED THE BASIC ALLOWANCE FOR SUBSISTENCE AND DAILY HOUSING ALLOWANCE AS AN ENLISTED MEMBER LIVING ON THE LOCAL ECONOMY DURING THE PERIOD OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JUNE 15, 1962, WAS CORRECT AND IS SUSTAINED.