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B-159399 1 (1981-10-14)

handle is hein.gao/gaobadjuz0001 and id is 1 raw text is: DECISION FILE: B-159399 /q 7 2- THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: October 14, 1981 MATTER OF: Douglas K. Ramsey - - Entitlement to Allowances Under Missing Persons Act DIGEST: 1. Foreign Service Officer, who was held captive for 7 years in Vietnam, seeks payment for station per diem and travel per diem under Missing Persons Act, 5 U.S.C. §§ 5561 et seq. The military term station per diem under the Missing Persons Act may be equated with a civilian post allowance. Therefore, if he was receiving a post allowance at the time of capture, that allowance may be con- tinued for 90 days. However, travel per diem may not be allowed under Missing Persons Act. 2. Foreign Service Officer seeks a living quarters allowance under the Missing Persons Act, 5 U.S.C. S§ 5561 et seq., for 7-year period he was held captive in Vietnam. Since civilian employees in Vietnam were provided either Government quarters or a living quarters allowance, we conclude that a living quarters allowance may be paid for 7-year period he was held in captivity. 3. Foreign Service Officer who is entitled to the continuance of certain pay and allowances under the Missing Persons Act, 5 U.S.C. S5 5561 et seq., may not receive currency and inflation adjustments or in- terest on amounts due him in the absence of specific statutory authority. The issue in this decision is the entitlement of a Foreign Service Officer to certain allowances during the 7-year period he was held captive in Vietnam. We hold that under the Missing Persons Act he is entitled to continua- tion for 90 days of any post allowance he was receiving at the tine of his capture and to a living quarters allowance

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