B-121726, FEB 14, 1955

B-121726, FEB 14, 1955

PRECIS-UNAVAILABLE

MR. R. F. ROSANOFF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 11, 1954, CONCERNING THE ACTION TAKEN IN SETTLEMENT DATED AUGUST 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS DURING THE PERIODS FROM MARCH 13 TO 19, 1951, AND FROM MAY 7, 1951, TO NOVEMBER 6, 1952, INCIDENT TO YOUR SERVICE AS A CAPTAIN, UNITED STATES AIR FORCE RESERVE. YOU SAY THAT THE QUARTERS ASSIGNED AND OCCUPIED BY YOU WHILE ON DUTY IN THE UNITED STATES AND JAPAN WERE IN FACT INADEQUATE AND INAPPROPRIATE TO YOUR GRADE.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, PROVIDES THAT, EXCEPT AS OTHERWISE PROVIDED BY LAW, NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES "ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES," APPROPRIATE TO THEIR RANK, GRADE, OR RATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS. EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, ISSUED PURSUANT TO THE SAID SECTION 302, PROVIDES THAT ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES "IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES" AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS "SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS" AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO THE MEMBER IN SUCH CIRCUMSTANCES. AIR FORCE REGULATIONS NO. 173-126, DATED MARCH 13, 1951, SUPPLEMENTING EXECUTIVE ORDER NO. 10204, PROVIDES AS FOLLOWS:

"3. RESPONSIBILITY FOR DETERMINATION. - THE RESPONSIBILITY FOR ASSIGNMENT AND TERMINATION OF QUARTERS AND FOR DETERMINATION THAT QUARTERS ARE 'ADEQUATE' AND 'APPROPRIATE' FOR ASSIGNMENT RESTS UPON THE COMMANDING OFFICER OF THE INSTALLATION. SEE AR 210-10 OR AFR 30-6."

PARAGRAPH 5, AIR FORCE REGULATION NO. 30-6, DATED NOVEMBER 1, 1950, AND AUGUST 10, 1951, PROVIDES AS FOLLOWS:

"5. ADEQUACY OF QUARTERS:

"B. ANY QUARTERS AT PERMANENT STATION VOLUNTARILY ACCEPTED AND OCCUPIED BY OFFICERS WHO HAVE NO DEPENDENTS WILL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE."

SINCE PUBLIC QUARTERS WERE IN FACT OCCUPIED BY YOU DURING THE PERIOD OF YOUR CLAIM, IT FOLLOWS THAT UNDER THE LAW AND REGULATIONS YOU WERE ASSIGNED QUARTERS APPROPRIATE TO YOUR GRADE AND ADEQUATE FOR YOURSELF. THEREFORE, NO BASIC ALLOWANCE FOR QUARTERS ACCRUED TO YOU.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 30, 1954, WHICH DISALLOWED YOUR CLAIM, MUST BE SUSTAINED.