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B-180881 1 (1976-07-12)

handle is hein.gao/gaobaddat0001 and id is 1 raw text is: THE COMPTR DECISION , OF THE UJ WASHI N GTO FILE: 3-180881 DATE: MATTER OF: Ronald H. Davis - Living Qua OLLER GENERAL ITED STATES N, D. C. 20548 tc rters Allowance DIGEST: Where initial determination of eligibility for a living quarters allowance under subparagraph 031.12c of the Standardized Regulations (Government Civilians, Foreign Areas) was clearly erroneous and where employee was not temporarily in foreign area for travel at time of appointment under subparagraph 031.12d, Army acted properly in withdrawing allowance. 54 Comp. Gen. 149 (1974) sustained. Indebtedness arising out of erro- neous payment of living quarters allowance is hereby vaived. This action involves a reconsideration of our decision 54 Comp. Gen. 149 (1974) denying Mr. Ronald H. Davis' claim for a living quarters allowance incident to his employment in August of 1964 with the Department of Defense School System. Mr. Davis has designated Mr. James E. Brown to present his appeal. The facts giving rise to Mr. Davis' claim are set forth in our Claims Division Settlement Certificate No. Z-2388176, May 6, 1970, and 54 Comp. Gen. 149, supra. Insofar as necessary to discussion of the issues raised upon appeal, the relevant facts are as follows: Mr. Davis traveled to Germany at his own expense in December of 1963 and two months later obtained a personal services contract with the United States Armed Forces Institute (USAFI). That contract, which did not provide for return trans- portation to the United States, was terminated some six months later on August 31, 1964. Eleven days later he applied for a position with the Department of the Army. On October 16, 1964, Mr. Davis was employed with the Department of Defense School System and, at that time, was authorized a living quarters allowance under subparagraph 031.12 of the Standardized Regulations (Government Civilians, Foreign Areas).. On June 28, 1968, Mr. Davis was notified that he did not meet the eligibility criteria of that subsection and was, in fact, ineligible to receive a living quarters allowance. Section 031.12 of the Standardized Regulations as in effect from October 13, 1963, TL:SR-134, and at the time of Mr. Davis' appointment provided in pertinent part as follows: g.3 2--

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