B-124875, JAN. 6, 1956

B-124875, JAN. 6, 1956

TO MAJOR P. M. CALLINAN, F.C. DISBURSING OFFICER, DEPARTMENT OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF MAY 26, 1955, WITH ENCLOSURES, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON MILITARY PAY ORDER NO. 76, COVERING "REIMBURSEMENT OF $300.96 RENTAL WITHHELD DURING PD 3 DEC 54 TO 28 FEB 55" IN THE CASE OF CAPTAIN ARNOLD P. BLETHEN, C. E., 01104763.

IT APPEARS THAT CAPTAIN BLETHEN AND HIS WIFE OCCUPIED TWO ROOMS WITH CONNECTING BATH IN THE SAALFELDEN BACHELOR OFFICERS QUARTERS BEGINNING DECEMBER 3, 1954, THE DATE HE REPORTED FOR DUTY WITH THE 70TH ENGINEER BATTALION (COMBAT), APO 541, U.S. ARMY. HE STATES HE WAS TOLD THAT THE ACCOMMODATIONS WERE HOTEL TYPE PAYABLE AT $1 A DAY AND THAT HE WOULD DRAW BASIC ALLOWANCE FOR QUARTERS. ON MARCH 5, 1955, HE WAS INFORMED THAT EFFECTIVE MARCH 1, 1955, HE WOULD DRAW NO MORE BASIC ALLOWANCE FOR QUARTERS; ABOUT 10 DAYS LATER HE WAS NOTIFIED THAT HE MUST REFUND ALL PAYMENTS OF BASIC ALLOWANCE FOR QUARTERS RECEIVED BY HIM SINCE THE DATE HE OCCUPIED THE QUARTERS IN QUESTION. IN A LETTER DATED MARCH 17, 1955, HE REQUESTED THAT HE BE PERMITTED TO LIQUIDATE THE INDEBTEDNESS BY MONTHLY INSTALLMENTS OF $50 EACH.

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 SECTION 302 OF THE 1949 ACT, PROVIDES THAT ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES "IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES" BY A MEMBER AND HIS DEPENDENTS "SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS," AND THAT NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO THE MEMBER IN SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

PARAGRAPH 62B AR210-10, JUNE 8, 1954, AUTHORIZES INSTALLATION COMMANDERS TO ESTABLISH A ,SERVICE CHARGE" FOR SLEEPING ACCOMMODATIONS TO DEFRAY COST OF LAUNDERING LINENS, JANITORIAL SERVICES, AND OTHER SERVICE COSTS, AT A RATE NOT TO EXCEED 50 CENTS PER DAY PER ROOM. IT APPEARS FROM THE FACTS OF RECORD THAT CAPTAIN BLETHEN AND HIS DEPENDENT ACTUALLY OCCUPIED "GOVERNMENT QUARTERS" PAYING A "SERVICE CHARGE"--- NOT RENT--- IN THE AMOUNT OF $1 A DAY FOR THE TWO ROOMS OCCUPIED DURING THE PERIOD COMMENCING DECEMBER 3, 1954. SUCH QUARTERS ARE PRESUMED TO HAVE BEEN ADEQUATE BECAUSE VOLUNTARILY OCCUPIED.

SINCE CAPTAIN BLETHEN AND HIS DEPENDENT IN FACT OCCUPIED PUBLIC QUARTERS WITHOUT THE PAYMENT OF RENTAL CHARGES DURING THE PERIOD COVERED BY THE SUBMITTED MILITARY PAY ORDER, UNDER THE LAW AND REGULATIONS HE WAS ASSIGNED QUARTERS APPROPRIATE TO HIS GRADE AND ADEQUATE FOR HIM AND HIS DEPENDENT. THEREFORE, HE IS NOT ENTITLED TO THE REIMBURSEMENT CLAIMED.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON MILITARY PAY ORDER NO. 76, WHICH IS RETAINED HERE.