B-152533, OCT. 25, 1963
Highlights
YOU ARE ENTITLED TO A FOREIGN POST DIFFERENTIAL AND QUARTERS ALLOWANCE. YOUR ENTITLEMENT TO THE VARIOUS BENEFITS CLAIMED IS DEPENDENT UPON WHETHER YOUR PLACE OF ACTUAL RESIDENCE. WAS. IN CALIFORNIA AT THE TIME YOU WERE EMPLOYED AT CLARK AIR BASE. THE DOMICILE OR PLACE OF ACTUAL RESIDENCE OF AN EMPLOYEE IS A QUESTION OF FACT TO BE DECIDED IN EACH CASE UPON THE BASIS OF ALL THE EVIDENCE AVAILABLE. THIS DETERMINATION IS ONE FOR APPROPRIATE ADMINISTRATIVE OFFICIALS AND SUCH A DETERMINATION WILL NOT BE QUESTIONED BY OUR OFFICE UNLESS IT IS CLEARLY ARBITRARY OR ERRONEOUS. THAT YOU ARE NOT ELIGIBLE FOR THE BENEFITS YOU CLAIM. WAS PREDICATED UPON THAT DETERMINATION. YOU EXPLAIN AT LENGTH CERTAIN ACTIONS YOU TOOK WHICH ARE INCONSISTENT WITH YOUR CONTINUING AN ACTUAL PLACE OF RESIDENCE IN THE PHILIPPINES AND ALSO YOU POINT OUT THAT CERTAIN ASSERTIONS MADE ADMINISTRATIVELY ARE UNFOUNDED.
B-152533, OCT. 25, 1963
TO MRS. FLORITA PEGGY M. MATHESON, DDC, DEPARTMENT OF DEFENSE:
WE REFER TO YOUR LETTER OF JULY 23, 1963, WITH ATTACHMENTS, WHICH REQUESTS THAT WE DETERMINE WHETHER UNDER YOUR CURRENT EMPLOYMENT WITH THE DEPARTMENT OF DEFENSE AT CLARK AIR BASE, PHILIPPINES, YOU ARE ENTITLED TO A FOREIGN POST DIFFERENTIAL AND QUARTERS ALLOWANCE, AND TO TRANSPORTATION AT GOVERNMENT EXPENSE FROM YOUR DUTY STATION IN THE PHILIPPINE ISLANDS TO A PLACE OF ACTUAL RESIDENCE IN THE UNITED STATES UPON THE COMPLETION OF YOUR EMPLOYMENT.
YOUR ENTITLEMENT TO THE VARIOUS BENEFITS CLAIMED IS DEPENDENT UPON WHETHER YOUR PLACE OF ACTUAL RESIDENCE, IN FACT, WAS, AS YOU CONTEND, IN CALIFORNIA AT THE TIME YOU WERE EMPLOYED AT CLARK AIR BASE, PHILIPPINES, IN DECEMBER 1962. AS YOU KNOW, THE DOMICILE OR PLACE OF ACTUAL RESIDENCE OF AN EMPLOYEE IS A QUESTION OF FACT TO BE DECIDED IN EACH CASE UPON THE BASIS OF ALL THE EVIDENCE AVAILABLE. ORDINARILY, THIS DETERMINATION IS ONE FOR APPROPRIATE ADMINISTRATIVE OFFICIALS AND SUCH A DETERMINATION WILL NOT BE QUESTIONED BY OUR OFFICE UNLESS IT IS CLEARLY ARBITRARY OR ERRONEOUS.
IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT YOUR DOMICILE (BONA FIDE PLACE OF RESIDENCE) CONTINUOUSLY HAS REMAINED IN THE PHILIPPINES AND, THEREFORE, THAT YOU ARE NOT ELIGIBLE FOR THE BENEFITS YOU CLAIM. OUR SETTLEMENT OF JUNE 28, 1963, WAS PREDICATED UPON THAT DETERMINATION.
YOU EXPLAIN AT LENGTH CERTAIN ACTIONS YOU TOOK WHICH ARE INCONSISTENT WITH YOUR CONTINUING AN ACTUAL PLACE OF RESIDENCE IN THE PHILIPPINES AND ALSO YOU POINT OUT THAT CERTAIN ASSERTIONS MADE ADMINISTRATIVELY ARE UNFOUNDED.
WE HAVE STUDIED CAREFULLY AND IMPARTIALLY ALL OF THE EVIDENCE BEFORE US BEARING UPON THE PLACE WHERE YOUR DOMICILE (ACTUAL PLACE OF RESIDENCE) IS LOCATED. ADMITTEDLY, YOU PERFORMED CERTAIN ACTS INDICATIVE OF YOUR HAVING CHANGED YOUR PLACE OF ACTUAL RESIDENCE FROM THE PHILIPPINES TO CALIFORNIA. NEVERTHELESS, THE FACT REMAINS THAT YOU WERE IN CALIFORNIA FOR ONLY A FEW SHORT WEEKS AND APPARENTLY HAD NEVER BEFORE RESIDED IN THE UNITED STATES. THEREAFTER, WHILE IN THE PHILIPPINES VISITING YOUR MOTHER YOU ACCEPTED OTHER EMPLOYMENT AT THAT PLACE AND AGAIN ARE RESIDING IN THE COUNTRY IN WHICH YOU HAVE LIVED A BETTER PART OF YOUR LIFE.
WHILE THE LOCATION OF YOUR ACTUAL PLACE OF RESIDENCE IS A MATTER THAT IS NOT ENTIRELY FREE FROM DOUBT, OUR CONSIDERED JUDGMENT IS THAT THE ADMINISTRATIVE DETERMINATION IN YOUR CASE IS NOT SO CLEARLY ERRONEOUS OR ARBITRARY AS TO WARRANT OUR OFFICE TAKING EXCEPTION THERETO.