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B-192040 1 (1978-08-07)

handle is hein.gao/gaobadrty0001 and id is 1 raw text is: - DJYGT - L -f L, THE COMPTROLLEI GENERAL DECISION . OF THE UNITED STATES 44 W ASHI N G T 0 N . C 2 0 5 4 8 FILE: B-192040 DATE: A')gust 7', 19T8 MATTER OF: Specialist Fifth Class , USA When a regulation is issued based on obvious administrative error, it may be adjusted retroactively to correct the mistake. There- fore, when a station housing allowance was inadvertently deleted from an active duty station, based on information that no person- nel were assigned there when in fact that was not the case, the regulation may be retroac- tively corrected to reinstate the allowance. 247 i [: The question presented by this case is whether a station housing allowance authorized for military personnel assigned to Tilburg, Netherlands, which was cancelled due to misinformation may be retroactively reinstated. The question was presented by Lieutenant Colonel L. W. Sullenger, USA, Finance Officer, Headquarters, 3D Armored Division,, APO New York 09169, concerning the payment of a housing allowance to Specialist Fifth Class The request has been assigned Control No. 78-24 by the Per Diem, Travel and Transportation Allowance Committee. The pertinent facts are undisputed. Specialist arrived at his duty station, the Veterinary Station, Tilburg, Netherlands, on July 26, 1977. He was authorized a station housing allowance at Index 223 pursuant to V lume 1, Joint TraielRcgulations (1 JTR), paragraph .430land AppendixesA and B.T This allowance was based on housing reports submitted by his predecessor who had departed during February 1977. No one had been stationed at Tilburg froni February 1977 until July 26 when Specialist Fagerland arrived. During this 5-month period the Defense Attache Office (USDAO), at The Hague, Netherlands, prepared a supplemental Allwanc Colaittee in Wa.hiogton DJ. o* tht Fo !ilitary per- sumtt 1n rul 27 )177, dy after Specialis J .l ? ,• '4 i ' : DIGEST:

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