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B-197605 1 (1981-06-25)

handle is hein.gao/gaobadjmz0001 and id is 1 raw text is: 42~


DECISION





FILE:     B-197605

MATTER OF:     Bil


DIGEST:


       THE COMPTROLLER GENERAL
       OF THE UNITEO STATES
       WASHINGTON. 0. C. 20548



             DATE: June 25, 1981 /  5 24 8
leting Fund Reimbursement


In order to ensure orderly investigation
into alleged illegal activiLies on base,
Air Force base commander ordered witnesses
to stay in transient quarters under protec-
tive custody. While in transient quarters,
members received maid service for service
charge of $4 a day. In view of purpose of
assignment to transient quarters, service
charges may be paid out of appropriated
funds.


     The question is whether appropriated funds may be used
to reimburse the billeting fund, a nonappropriated fund
entity, for charges incurred for military members who were
ordered into transient quarters for protective custody. As
will be explained, the billeting fund may be reimbursed out
of appropriated funds.

     The question was submitted for an advance decision by
Captain Dale K. Berger, USAF, who is the Chief, Accounting
and Finance Branch of the Headquarters 351st Strategic
Missile Wing (SAC), Whiteman Air Force Base, Missouri.

     During the summer and fall of 1979, several members of
the Air Force at Whiteman Air Force Base were ordered into
transient quarters and placed under protective custody. The
members were to be witnesses in an investigation of alleged
illegal activity taking place on the base. The decision to
place the members in protective custody was made jointly by
the base commander and the staff judge advocate.


     While in protective custody, the members' rooms were
cleaned daily by maids employed by the nonappropriated fund
activity at a service charge of $4 a day. Captain Berger
questions whether payment may be authorized because there
is no applicable Air Force regulation authorzing this and
because of our decision in 20 Comp. Gen. 601 (1941). In
that case, we held that service members could not receive
free maid and room service since furnishing such services:
would violate the statutorv provision, now contained in
5 U.S.C. § 5536, prohibiting members of the uniformed
services from receiving additional pay without statutory
authority.


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