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SUSTAINING DISALLOWANCE OF CLAIM FOR QUARTERS ALLOWANCE TO OFFICER WHO IS OCCUPYING GOVERNMENT QUARTERS DETERMINED TO BE ADEQUATE. HAEUSSLER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30. YOUR LETTER HAS BEEN CAREFULLY CONSIDERED BUT NOTHING CONTAINED THEREIN SUGGESTS IN ANY WAY THAT YOU ARE ENTITLED TO THE QUARTERS ALLOWANCE. WHILE WE HAVE ALWAYS RECONSIDERED DISALLOWED CLAIMS IF NEW EVIDENCE OF ENTITLEMENT IS PRESENTED. THE BASIC ALLOWANCE FOR QUARTERS IS CONSIDERED TO BE IN THE NATURE OF REIMBURSEMENT FOR EXPENSES INCURRED IN SECURING PRIVATE QUARTERS AND NOT AS A PART OF THE MEMBER'S PAY OR A REWARD FOR HIS INCONVENIENCE IN HAVING TO SECURE HIS OWN PLACE OF ABODE. IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED.

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B-170624, NOV. 10, 1970

QUARTERS ALLOWANCE - GOVERNMENT QUARTERS ADEQUACY AFFIRMING DECISION OF SEPTEMBER 3, 1970, SUSTAINING DISALLOWANCE OF CLAIM FOR QUARTERS ALLOWANCE TO OFFICER WHO IS OCCUPYING GOVERNMENT QUARTERS DETERMINED TO BE ADEQUATE.

TO CAPTAIN RICHARD L. HAEUSSLER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 30, 1970, REQUESTING RECONSIDERATION OF OUR DECISION B-170624, SEPTEMBER 3, 1970, WHICH DISALLOWED YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS COMMENCING SEPTEMBER 16, 1969.

YOUR LETTER HAS BEEN CAREFULLY CONSIDERED BUT NOTHING CONTAINED THEREIN SUGGESTS IN ANY WAY THAT YOU ARE ENTITLED TO THE QUARTERS ALLOWANCE. WHILE WE HAVE ALWAYS RECONSIDERED DISALLOWED CLAIMS IF NEW EVIDENCE OF ENTITLEMENT IS PRESENTED, YOUR RECENT LETTER MENTIONS NO RELEVANT INFORMATION OR FACTS WHICH AFFECT YOUR RIGHT TO THE QUARTERS ALLOWANCE.

THE BASIC ALLOWANCE FOR QUARTERS IS CONSIDERED TO BE IN THE NATURE OF REIMBURSEMENT FOR EXPENSES INCURRED IN SECURING PRIVATE QUARTERS AND NOT AS A PART OF THE MEMBER'S PAY OR A REWARD FOR HIS INCONVENIENCE IN HAVING TO SECURE HIS OWN PLACE OF ABODE. IT HAS BEEN CONSISTENTLY HELD THAT ACTUAL OCCUPANCY OF ANY GOVERNMENT QUARTERS, IN CIRCUMSTANCES SUCH AS ARE HERE INVOLVED, WITHOUT THE PAYMENT OF A RENTAL CHARGE, WHETHER CONSIDERED INADEQUATE OR NOT, PRECLUDES PAYMENT OF RENTAL OR QUARTERS ALLOWANCE. THERE SHOULD BE NO PAYMENT IN THE NATURE OF REIMBURSEMENT WHERE NO EXPENSE HAS BEEN INCURRED. SEE 46 COMP. GEN. 869, 872 (1967).

IN REGARD TO YOUR ALLEGATION THAT THERE ARE VACANT QUARTERS AT YOUR STATION AS CONTEMPLATED BY 10 U.S.C. 9775, WHICH ARE AVAILABLE FOR ASSIGNMENT TO YOU, YOU ARE ADVISED THAT THE QUESTION AS TO WHETHER YOU SHOULD BE ASSIGNED SUCH QUARTERS INSTEAD OF THE QUARTERS NOW OCCUPIED BY YOU IS STRICTLY AN ADMINISTRATIVE MATTER FOR DETERMINATION BY THE APPROPRIATE LOCAL AIR FORCE OFFICIALS. YOUR PRESENT QUARTERS HAVE BEEN DETERMINED TO BE ADEQUATE AND WE FIND NO BASIS TO QUESTION SUCH DETERMINATION.

CONCERNING THE MONTHLY CHARGE OF $8 PER MONTH BEING PAID BY YOU, IT OBVIOUSLY WAS NOT CONTEMPLATED THAT YOU BE PAID A BASIC ALLOWANCE FOR QUARTERS IN AN AMOUNT IN EXCESS OF $100 PER MONTH AS A RESULT OF THE PAYMENT OF A NOMINAL SUM WHICH YOU VIEW AS BEING A "RENTAL CHARGE." YOU ADMIT THAT AT LEAST A PART OF THAT SUM WAS PAID "FOR PURPOSES NOT RELATED TO THE OCCUPANCY OF GOVERNMENT QUARTERS."

ACCORDINGLY, YOUR LETTER FURNISHES NO BASIS FOR ANY CHANGE IN THE ACTION HERETOFORE TAKEN IN THIS MATTER.

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