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B-219259 1 (1986-02-11)

handle is hein.gao/gaobadmeg0001 and id is 1 raw text is: TH COMPTROLLER GENER4AL OEQ5JON o. OP m TEUNiTED STATIES f WASHINGTON. D. C. 20548 FILE: B-219259 DATE: February 11, 1986 MATTER OF: Major General Scott B. Smith DIGEST: A member of the uniformed services who was authorized to move to local economy hous- ing in Heidelberg, Germany, may be authorized rent plus housing allowance retroactively under the circumstances presented. Due to an error by the service, a ceiling allowance for the member had not been established, and the member was not authorized the allowance until after he had occupied the local quarters for several months. Since the failure to establish the ceiling was an administrative error, the regulation may be retroactively corrected to allow payment. This action is in response to a request for an advance decision regarding the station housing allowance of Major General Scott B. Smith, USA.1/ The question presented is whether authority exists to retroactively authorize a Rent Plus housing allowance for General Smith. It is our view that the allowance may be retroactively authorized in this case. BACKGROUND General Smith and his family arrived in Heidelberg, Germany, and were assigned to Government housing, but upon occupying the housing members of the family began to experience unexplained nausea, headaches and illness. Officials suspected that the illnesses might be caused by chemicals or sprays found within the Government quarters. In an attempt to resolve the problem the Commander of the United States Military Community in Heidelberg authorized housing on the German economy. 1/ The request was made by the Honorable Chase Untermeyer, Assistant Secretary of the Navy (Manpower and Reserve Affairs), in his capacity as Chairman of the Per Diem, Travel and Transportation Allowance Committee.

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