B-166564, AUG. 4, 1969

B-166564, AUG. 4, 1969

MILITARY - QUARTERS ALLOWANCE DECISION REAFFIRMING CONCLUSION IN B-166564, MAY 26, 1969, DISALLOWING CLAIM FOR QUARTERS ALLOWANCE FOR PERIOD OF HOSPITALIZATION EN ROUTE TO PERMANENT DUTY STATION. OFFICER WHO WHILE IN LEAVE AND DELAY STATUS TO FIRST DUTY STATION OVERSEAS WAS HOSPITALIZED MAY NOT HAVE SUCH PERIOD REGARDED AS IN DUTY STATUS AND THEREFORE, QUARTERS ALLOWANCES ARE NOT PAYABLE.

TO CAPTAIN HOWELL J. HOWARD, JR., MC, AUS:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 29, 1969, IN EFFECT REQUESTING RECONSIDERATION OF OUR DECISION DATED MAY 26, 1969, B 166564, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD FROM AUGUST 6 THROUGH OCTOBER 5, 1966.

IN YOUR LETTER YOU CONTEND THAT UPON ADMISSION TO A HOSPITAL, A MEMBER CANNOT BE CONSIDERED TO BE IN A TRAVEL OR LEAVE STATUS FOR THE PERIOD HE IS AT THAT HOSPITAL. YOU CONTEND FURTHER THAT HOSPITALIZATION CANNOT BE CONSIDERED A "DELAY" IN TRAVEL, BUT A NEW STATUS WHICH BY REGULATIONS TERMINATES THE TRAVEL OR LEAVE STATUS. YOU ALSO QUESTION YOUR LEAVE STATUS DESIGNATION ON THE BASIS THAT THERE WAS NO PERMANENT STATION FROM WHICH YOU WERE ON LEAVE. YOUR LETTER ALSO REPEATS YOUR PREVIOUS CONTENTION THAT THE GOVERNMENT BENEFITED FROM THE AVAILABILITY OF A HOSPITAL BED THAT YOU DID NOT USE DURING THE TIME YOU WERE ILL. YOU THEREFORE BELIEVE THAT YOU HAVE A FAIR AND JUST CLAIM UNDER EXISTING REGULATIONS.

WITH RESPECT TO YOUR LEAVE STATUS, YOUR ITINERARY SHOWS THAT YOU ARRIVED IN WASHINGTON, D.C. BY COMMERCIAL AIR EN ROUTE TO FORT DIX, NEW JERSEY, ON AUGUST 6, 1966. YOU STATED THAT YOU WERE FIRST TREATED AT THE WALTER REED HOSPITAL ON AUGUST 10, AND A CLINICAL REPORT DATED DECEMBER 21, 1966, SHOWS THAT YOU WERE ADMITTED TO THE HOSPITAL ON AUGUST 11, 1966. THE PERIOD PRIOR TO ADMISSION TO THE HOSPITAL IS CONSIDERED AS DELAY EN ROUTE TO YOUR PERMANENT DUTY STATION. THE CLINICAL REPORT SHOWS ALSO THAT YOU WERE AUTHORIZED CONVALESCENT LEAVE FROM AUGUST 18 THROUGH SEPTEMBER 6, 1966, WHICH STATUS IS SUBSTANTIATED BY COPIES OF DA FORM 31 (REQUEST AND AUTHORITY FOR LEAVE) SIGNED BY YOU, DATED AUGUST 18, 22 AND 29, 1966. THE COMMANDING OFFICER, MEDICAL HOLDING COMPANY, AT WALTER REED GENERAL HOSPITAL, REPORTED IN COMMUNICATION DATED JULY 19, 1967, CONCERNING YOUR CASE, THAT ,FROM 19 SEPTEMBER 1966 TO 5 OCTOBER 1966, OFFICER WAS WAITING FOR PORT CALL TO EUROPE.' THE RECORD THEREFORE CLEARLY SHOWS THAT DURING THE INDICATED PERIODS YOU WERE IN A DELAY OR LEAVE STATUS AS AUTHORIZED UNDER APPLICABLE REGULATIONS.

AS FOR YOUR STATUS WHILE AT THE HOSPITAL, PARAGRAPH 3.1-G, ARMY REGULATIONS 40-3, AS THEN IN EFFECT, PROVIDES THAT UPON THE ADMISSION TO AN ARMY HOSPITAL OF A UNIFORMED SERVICES PATIENT ASSIGNED TO AN ACTIVE ARMY UNIT AND EN ROUTE OVERSEAS, SUCH PATIENT WILL BE REASSIGNED TO A MEDICAL HOLDING UNIT WHEN THE HOSPITAL COMMANDER DETERMINES THAT HE WILL REQUIRE HOSPITALIZATION IN EXCESS OF 30 DAYS BEYOND HIS SCHEDULED REPORTING DATE. A REPORT FROM THE FINANCE AND ACCOUNTING OFFICER, WALTER REED ARMY MEDICAL CENTER, DATED JANUARY 16, 1967, STATED HOWEVER THAT YOU WERE NEVER ASSIGNED TO A MEDICAL HOLDING UNIT, BUT WERE IN A TRANSIENT STATUS AND WERE PAID PARTIAL PAYMENTS ONLY.

IN OUR DECISION OF MAY 26, 1969, WE STATED THE GENERAL RULE THAT THE PERMANENT STATION OF A MEMBER OF THE UNIFORMED SERVICES IS THE PLACE WHERE HIS BASIC DUTY ASSIGNMENT IS PERFORMED AND THAT ORDERS TO A HOSPITAL FOR THE PURPOSE OF OBSERVATION AND/OR TREATMENT DO NOT EFFECT A CHANGE OF PERMANENT STATION, SINCE THE ASSIGNMENT IS TO A PLACE WHERE NO DUTY IS REQUIRED OF HIM, CITING B-166130, MARCH 14, 1969, 48 COMP. GEN.---, A COPY OF WHICH WE ENCLOSED. FOR THAT REASON, AND ON THE BASIS OF THE CIRCUMSTANCES INVOLVED, WE DETERMINED THAT YOU WERE IN A TRANSIENT STATUS WHILE YOU WERE AT THE WALTER REED ARMY MEDICAL CENTER, WITH DELAY GRANTED THERE TO RECEIVE MEDICAL TREATMENT, DURING YOUR TRAVEL EN ROUTE TO YOUR PERMANENT OVERSEAS STATION.

THE MOVEMENT FROM HOME TO FIRST DUTY STATION ON EXTENDED ACTIVE DUTY HAS BEEN VIEWED AS INVOLVING A PERMANENT CHANGE OF STATION. UNDER THE PROVISIONS OF 37 U.S.C. 403 (F), IN EFFECT DURING THE PERIOD INVOLVED, AN OFFICER WITHOUT DEPENDENTS EN ROUTE FROM HIS HOME TO HIS FIRST PERMANENT DUTY STATION IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FROM THE DAY HE COMMENCES TRAVEL FROM HIS HOME UNTIL HIS ARRIVAL AT HIS PERMANENT STATION, INCLUDING PERIODS OF TEMPORARY DUTY, WHILE A PATIENT IN A HOSPITAL IN A TRANSIENT STATUS, AND DURING PERIODS OF LEAVE OR OTHER DELAY INCIDENT TO SUCH TRAVEL. WE THEREFORE HELD THAT YOU WERE NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD FROM AUGUST 6 TO OCTOBER 5, 1966.

UPON RECONSIDERATION OF THE MATTER, WE ARE OF THE OPINION THAT THE CONCLUSIONS REACHED IN THE DECISION OF MAY 26, 1969, WERE CORRECT AND REQUIRED UNDER THE APPLICABLE STATUTES AND REGULATIONS. ACCORDINGLY, WE HAVE NO CHOICE OTHER THAN TO AFFIRM THE DECISION.