B-154522, AUGUST 27, 1964, 44 COMP. GEN. 105

B-154522, AUGUST 27, 1964, 44 COMP. GEN. 105

QUARTERS ALLOWANCE - ENTITLEMENT - SUBMARINE DUTY - TEMPORARY DUTY ASHORE. QUARTERS ALLOWANCE - ENTITLEMENT - SUBMARINE DUTY - SHIP REPAIR, ETC. QUARTERS ALLOWANCE - ENTITLEMENT - SHIP AND SHORE BASED UNITS. QUARTERS ALLOWANCE - ENTITLEMENT - SHIP AND SHORE BASED UNITS ALTHOUGH THE RIGHT TO QUARTERS ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES, WITHOUT DEPENDENTS, WHO, WHILE ATTACHED TO TWO-CREW NUCLEAR POWERED SUBMARINES, SERVE TEMPORARILY ASHORE FOR MORE THAN 15 DAYS DURING PERIODS OF TRAINING AND REHABILITATION, IS GOVERNED BY THE FACT THAT THE MEMBER'S PERMANENT DUTY STATION REMAINS THE SUBMARINE WHERE QUARTERS ARE AVAILABLE, SUCH MEMBERS WHO ARE NOT ENTITLED TO SEA DUTY PAY WHILE TEMPORARILY SERVING ASHORE FOR MORE THAN 15 DAYS DURING PERIODS OF TRAINING AND REHABILITATION AT PLACES WHERE NO GOVERNMENT QUARTERS ARE AVAILABLE MAY BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS. MEMBERS OF THE UNIFORMED SERVICES WHO, WHILE ATTACHED TO SHIPS WHICH ARE UNDERGOING OVERHAUL AND REPAIR, SERVE TEMPORARILY ASHORE FOR MORE THAN 90 DAYS DURING PERIODS WHEN QUARTERS ABOARD ARE UNINHABITABLE AND GOVERNMENT QUARTERS ASHORE ARE NOT AVAILABLE COME WITHIN THE SPECIAL STATUTORY PROVISIONS IN 10 U.S.C. 7572, WHICH FIX THE BASIS FOR EITHER PROVIDING QUARTERS OR AUTHORIZING REIMBURSEMENT WHEN QUARTERS ABOARD SHIP ARE UNINHABITABLE BECAUSE OF OVERHAUL OR REPAIR AND, THEREFORE, A BASIC ALLOWANCE FOR QUARTERS FOR SUCH MEMBERS WOULD NOT BE PAYABLE. IN VIEW OF THE NAVY PRACTICE OF ASSIMILATING FLEET AVIATION SQUADRONS OR UNITS FOR DUTY PURPOSES TO SHIP ORGANIZATIONS, MEMBERS OF FLEET AVIATION SQUADRONS OR UNITS WHILE TEMPORARILY SERVING AWAY FROM THEIR PERMANENT STATIONS WHERE QUARTERS ARE AVAILABLE ARE ENTITLED TO QUARTERS ALLOWANCE ON THE SAME BASIS AS MEMBERS ATTACHED TO SHIPS, REGARDLESS OF WHETHER THE UNIT IS SHIP-BASED OR SHORE-BASED. MEMBERS OF FLEET AVIATION SQUADRONS OR UNITS WHO TEMPORARILY SERVE AWAY FROM THEIR SHIP-BASED OR SHORE-BASED PERMANENT STATIONS AT PLACES WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE ARE ENTITLED TO BASIC ALLOWANCES FOR QUARTERS FOR THE PERIODS OF TEMPORARY ABSENCES WHEN NO SHIP OVERHAUL OR REPAIR IS INVOLVED AND WHEN THE MEMBERS ARE NOT ENTITLED TO SEA DUTY PAY.

TO THE SECRETARY OF THE NAVY, AUGUST 27, 1964:

FURTHER REFERENCE IS MADE TO LETTER OF JUNE 18, 1964, FROM THE ASSISTANT SECRETARY OF THE NAVY (FINANCIAL MANAGEMENT) REQUESTING A DECISION ON SEVERAL QUESTIONS AS TO THE ENTITLEMENT OF MEMBERS WITHOUT DEPENDENTS TO BASIC ALLOWANCE FOR QUARTERS IN THE SITUATIONS SET FORTH AND DESCRIBED IN THAT LETTER. THE REQUEST FOR DECISION WAS ASSIGNED SUBMISSION NO. SS-N- 771 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY STATES THAT MEMBERS ATTACHED TO (1) TWO CREW NUCLEAR-POWERED SUBMARINES, (2) SHIPS UNDERGOING OVERHAUL, AND (3) FLEET AVIATION SQUADRONS SERVE VARIOUS PERIODS OF DUTY ASHORE WHILE REMAINING ATTACHED TO THEIR PERMANENT STATIONS. THE ASSISTANT SECRETARY'S PROBLEM CONCERNS THE LEGALITY OF CREDITING THESE MEMBERS WITH BASIC ALLOWANCE FOR QUARTERS AT THE SINGLE RATES WHILE THEY ARE TEMPORARILY SERVING ASHORE FOR MORE THAN 15 DAYS.

THE AUTHORITY FOR PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS TO MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN 37 U.S.C. 403. SUBSECTION (C) OF SECTION 403 PRECLUDES PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS TO A MEMBER WITHOUT DEPENDENTS "WHILE HE IS ON SEA DUTY" EXCEPT THAT DUTY FOR A PERIOD OF LESS THAN 3 MONTHS IS NOT CONSIDERED TO BE SEA DUTY. THE PRESIDENT IS AUTHORIZED, UNDER SUBSECTION (G) OF SECTION 403, TO PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THAT SECTION, INCLUDING DEFINITIONS OF THE WORDS "FIELD DUTY" AND "SEA DUTY.' PURSUANT TO THAT AUTHORITY, THE PRESIDENT, IN SECTION 401 (C) OF EXECUTIVE ORDER 11157, DATED JUNE 22, 1964--- WHICH WAS ISSUED SUBSEQUENT TO THE ASSISTANT SECRETARY'S LETTER OF JUNE 18, 1964, AND WHICH REVOKED THE EXECUTIVE ORDERS CITED IN THAT LETTER --- DEFINED THE TERM "SEA DUTY" FOR QUARTERS ALLOWANCE PURPOSES, AS MEANING SERVICE PERFORMED BY EITHER OFFICERS OR ENLISTED MEMBERS UNDER CONDITIONS FOR WHICH "SEA DUTY" PAY IS PAYABLE TO ENLISTED MEMBERS IN ACCORDANCE WITH SECTION 305 OF TITLE 37, U.S. CODE, AND REGULATIONS ISSUED THEREUNDER. THE CONDITIONS UNDER WHICH SPECIAL PAY FOR SEA DUTY IS PAYABLE TO ENLISTED MEMBERS IS PRESCRIBED BY THE PRESIDENT IN SECTION 202 (A) OF THE SAME EXECUTIVE ORDER (E.O. 11157), AND PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 202. (A) FOR ADDITIONAL-PAY PURPOSES, AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 203 HEREOF, THE TERM "SEA DUTY" SHALL MEAN DUTY PERFORMED BY ENLISTED MEMBERS:

(1) WHILE PERMANENTLY ASSIGNED TO A VESSEL, SHIP-BASED STAFF, OR SHIP- BASED AVIATION UNIT PURSUANT TO ORDERS ISSUED BY COMPETENT AUTHORITY, INCLUDING---

(I) PERIODS NOT IN EXCESS OF 15 CONSECUTIVE DAYS EACH WHILE ON TEMPORARY ADDITIONAL DUTY ASHORE OR WHILE TEMPORARILY BASED ASHORE. (THE TERM "TEMPORARILY BASED ASHORE" REFERS TO A SHIP-BASED STAFF OR A SHIP-BASED AVIATION UNIT THAT HAS BEEN LANDED ASHORE WITH INTENT TO RETURN TO A SHIP.)

IN VIEW OF THOSE PROVISIONS OF THE EXECUTIVE ORDER, THE ASSISTANT SECRETARY SUGGESTS THAT UNDER THE ABOVE REFERRED TO STATUTORY PROVISIONS, OFFICERS MAY BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS DURING THOSE TIMES WHEN SEA PAY FOR ENLISTED MEMBERS OF THE RESPECTIVE CREWS IS NOT PAYABLE.

UNDER THE PROVISIONS OF 10 U.S.C. 7572, THE SECRETARY OF THE NAVY IS AUTHORIZED TO (A) PROVIDE LODGING ACCOMMODATIONS FOR A MEMBER ON SEA DUTY WHO IS DEPRIVED OF HIS QUARTERS ON BOARD SHIP BECAUSE OF REPAIRS OR BECAUSE OF OTHER CONDITIONS WHICH MAKE HIS QUARTERS UNINHABITABLE, OR (B) TO REIMBURSE ANY OFFICER WHO IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS FOR EXPENSES INCURRED IN OBTAINING QUARTERS IN AN AMOUNT NOT MORE THAN THE BASIC ALLOWANCE FOR QUARTERS OF AN OFFICER OF HIS GRADE, IF IT IS IMPRACTICABLE TO FURNISH ACCOMMODATIONS UNDER (A). THIS AUTHORITY IS BEING USED, THE ASSISTANT SECRETARY SAYS, TO REIMBURSE OFFICERS WITHOUT DEPENDENTS FOR THE COST OF PROVIDING THEIR OWN QUARTERS WHEN QUARTERS CANNOT BE HIRED BY THE GOVERNMENT. IT IS STATED THAT THIS PROCEDURE IS BULKY AND TIME CONSUMING.

PERTINENT ADMINISTRATION REGULATIONS GOVERNING THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO OFFICERS WITHOUT DEPENDENTS ARE CONTAINED IN PARAGRAPHS 044036-1C (2) AND 044036-1D (3) OF THE NAVY COMPTROLLER MANUAL AND PROVIDE, IN PART, AS FOLLOWS:

(2) WHILE ABSENT FROM PERMANENT DUTY STATION. EXCEPT IN THE CASE OF FIELD DUTY AS EXPLAINED HEREIN, THE STATUS OF AN OFFICER WITHOUT DEPENDENTS AT HIS PERMANENT DUTY STATION, WHILE SUCH PERMANENT DUTY STATION REMAINS UNCHANGED, DETERMINES HIS RIGHT TO BASIC ALLOWANCE FOR QUARTERS DURING THE FOLLOWING PERIODS, REGARDLESS OF THE FACT THAT GOVERNMENT QUARTERS MAY BE OCCUPIED AT OTHER THAN HIS PERMANENT DUTY STATION OR THAT A TRAVEL PER DIEM ALLOWANCE MAY BE PAID:

1. PERIODS OF ABSENCE ON TEMPORARY ADDITIONAL DUTY AND TRAVEL INCIDENT THERETO,

2. PERIODS OF LEAVE,

3. PERIODS OF HOSPITALIZATION.

THUS AN OFFICER WITHOUT DEPENDENTS WHO IS ENTITLED TO RECEIVE BASIC ALLOWANCE FOR QUARTERS WILL CONTINUE, WHILE HIS PERMANENT DUTY STATION REMAINS UNCHANGED, TO RECEIVE SUCH ALLOWANCE WHILE ABSENT FROM HIS PERMANENT DUTY STATION UNDER THE CONDITIONS DESCRIBED IN ITEMS 1, 2, AND 3. HOWEVER, IF THE TEMPORARY ADDITIONAL DUTY IS SEA DUTY, AS DEFINED IN SUBPAR. A, AND EXTENDS FOR A PERIOD OF THREE MONTHS OR MORE, AN OFFICER WITHOUT DEPENDENTS IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR ANY PORTION OF SUCH PERIOD. * * *

(3) WHILE ABSENT FROM PERMANENT DUTY STATION. THE SAME PRINCIPLES OF ENTITLEMENT FOR AN OFFICER WITHOUT DEPENDENTS WHO IS ABSENT FROM HIS PERMANENT DUTY STATION ASHORE AS DESCRIBED IN SUBPAR. C (2) SIMILARLY APPLY TO AN OFFICER WITHOUT DEPENDENTS WHO IS ABSENT FROM HIS PERMANENT DUTY STATION WHEN THE PERMANENT DUTY STATION IS SEA DUTY.

IN OUR DECISION OF JULY 2, 1962, B-147521, CITED IN THE ASSISTANT SECRETARY'S LETTER, THERE WAS CONSIDERED A REQUEST FOR REMOVAL OF EXCEPTIONS TAKEN TO PER DIEM PAYMENTS TO MEMBERS ASSIGNED TO TEMPORARY DUTY IN CONNECTION WITH THE CONVERSION OF U.S.S. CORAL SEA AT THE PUGET SOUND NAVAL SHIPYARD. IT WAS REPORTED THAT THE GOVERNMENT QUARTERS AVAILABLE FOR THE MEMBERS CONCERNED WERE CONSIDERED TO BE SUBSTANDARD AND INADEQUATE FOR PERMANENT OCCUPANCY OR TEMPORARY DUTY CONTEMPLATED IN EXCESS OF 60 DAYS. IN THAT DECISION WE SAID THAT WHILE SUCH A DETERMINATION WOULD AFFORD AN OFFICER AN OPTION TO OCCUPY INADEQUATE QUARTERS AT HIS PERMANENT STATION OR RECEIVE A QUARTERS ALLOWANCE UNDER 37 U.S.C. 252, IT GAVE THE OFFICERS ON TEMPORARY DUTY NO SUCH OPTION TO OCCUPY THE AVAILABLE QUARTERS OR RECEIVE PER DIEM WITHOUT REDUCTION BECAUSE OF SUCH AVAILABLE QUARTERS. WE CONCLUDED THAT THE DETERMINATION OF INADEQUACY OF QUARTERS DID NOT ESTABLISH THEIR NONAVAILABILITY FOR PER DIEM PURPOSES AND WAS IMPROPER UNDER THE CONTROLLING REGULATIONS. ALSO, MEMBERS SERVING ON A VESSEL, OR IN COMPARABLE SITUATIONS (FLEET ACTIVITIES), FOR WHOM QUARTERS ARE AVAILABLE ARE NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS UNLESS THE QUARTERS ARE UNINHABITABLE AND HE IS FURNISHED NO OTHER QUARTERS. 35 COMP. GEN. 10; 42 COMP. GEN. 65.

THE QUESTIONS PRESENTED RELATE TO 3 SEPARATE AND DISTINCT SITUATIONS AND WILL BE SEPARATELY STATED AND ANSWERED IN THE ORDER PRESENTED.

QUESTION 1

MAY MEMBERS ATTACHED TO TWO-CREW NUCLEAR-POWERED SUBMARINES BE CREDITED BASIC ALLOWANCE FOR QUARTERS AT THE SINGLE RATES WHILE TEMPORARILY SERVING ASHORE FOR MORE THAN 15 DAYS DURING PERIODS OF TRAINING AND REHABILITATION?

IN THE CASE OF MEMBERS ASSIGNED TO DUTY ON BOARD NUCLEAR-POWERED SUBMARINES DURING PERIODS OF TRAINING AND REHABILITATION ASHORE, THE ASSISTANT SECRETARY SAYS THEIR PERMANENT DUTY STATION (DESIGNATED POST OF DUTY) IS DEEMED TO BE THE SUBMARINE TO WHICH ASSIGNED. THE NAVY TRAVEL INSTRUCTIONS, PARAGRAPH 4057, STATE THAT, TECHNICALLY, THE SUBMARINE ITSELF IS THE DUTY STATION OF BOTH CREWS (OFF-SHIP AND ON SHIP). SINCE THERE IS NOT INVOLVED IN SUCH CASES ANY SHIP REPAIR OR OVERHAUL ACTIVITY AND THE QUARTERS ABOARD SHIP CLEARLY ARE HABITABLE, AND AS THE OFF-SHIP CREW UNDERGOING TRAINING AND REHABILITATION ASHORE FOR A PERIOD IN EXCESS OF 15 DAYS REMAINS PERMANENTLY ATTACHED TO THE SHIP WHILE SERVING ON DUTY ASHORE, WE BELIEVE THE RIGHTS OF THE MEMBERS OF SUCH CREWS TO QUARTERS ALLOWANCE WHILE ASHORE ARE GOVERNED BY PARAGRAPH 044036-1D (3) OF THE NAVY COMPTROLLER MANUAL.

SINCE THE SUBMARINE IS A MEMBER'S PERMANENT DUTY STATION, AND SINCE SUCH MEMBER OTHERWISE ENTITLED TO SEA DUTY PAY IS NOT IN A "SEA DUTY" STATUS WITHIN THE MEANING OF SECTION 202 (A) (1) (I) OF EXECUTIVE ORDER NO. 11157, FOR PURPOSES OF SEA DUTY PAY DURING PERIODS OF TEMPORARY DUTY ASHORE IN EXCESS OF 15 DAYS, THE MEMBERS CONCERNED MAY BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS WHILE TEMPORARILY SERVING ASHORE FOR MORE THAN 15 CONSECUTIVE DAYS DURING PERIODS OF TRAINING AND REHABILITATION, PROVIDED NO GOVERNMENT QUARTERS ARE AVAILABLE FOR THEIR OCCUPANCY. COMP. GEN. 10 AND 42 COMP. GEN. 65, CITED ABOVE. IN THIS REGARD WHILE CONGRESS SAW FIT TO COMPENSATE MEMBERS FOR THE DISCOMFORTS AND DANGERS OF SERVICE ON NUCLEAR-POWERED SUBMARINES BY AUTHORIZING INCENTIVE PAY FOR PERIODS OF TRAINING AND REHABILITATION (37 U.S.C. 301 (A) (2) (, SUCH ACTION AFFORDS NO BASIS FOR CONCLUDING THAT CONGRESS INTENDED TO AUTHORIZE PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS TO MEMBERS WITHOUT DEPENDENTS WHILE TEMPORARILY SERVING ASHORE EVEN THOUGH AVAILABLE QUARTERS HAVE BEEN DETERMINED TO BE INADEQUATE. QUESTION 1 IS ANSWERED ACCORDINGLY.

QUESTION 2

MAY MEMBERS ATTACHED TO SHIPS WHICH ARE UNDERGOING OVERHAUL AND REPAIR, BUT REMAIN IN A COMMISSIONED STATUS, BE CREDITED BASIC ALLOWANCE FOR QUARTERS AT THE SINGLE RATES WHILE TEMPORARILY SERVING ASHORE FOR MORE THAN 90 DAYS DURING PERIODS THAT QUARTERS ABOARD SHIP ARE UNINHABITABLE?

IT IS STATED THAT SHIPS IN COMMISSION FREQUENTLY UNDERGO OVERHAUL OR REPAIR IN GOVERNMENT OR COMMERCIAL SHIPYARDS, AND THE CREWS OF THESE SHIPS REMAIN ATTACHED THERETO AND PARTICIPATE IN THE REPAIR OR OVERHAUL FUNCTION. IT IS STATED THAT FREQUENTLY BERTHING FACILITIES FOR THE SHIP BECOME UNINHABITABLE FOR PERIODS OF MORE THAN 90 DAYS DUE TO REPAIRS OR RENOVATIONS AND IT BECOMES NECESSARY TO BERTH THE CREW ASHORE. GOVERNMENT QUARTERS ASHORE MAY NOT BE AVAILABLE OR THE AVAILABLE QUARTERS MAY BE UNINHABITABLE.

IT IS OUR UNDERSTANDING THAT QUARTERS ARE ALWAYS PROVIDED ON BOARD FOR MEMBERS ASSIGNED TO A VESSEL AND LEGALLY A BASIC ALLOWANCE FOR QUARTERS IS NOT PAYABLE WHEN THE MEMBER IS ASSIGNED ADEQUATE GOVERNMENT QUARTERS. WHERE THE QUARTERS ABOARD SHIP ARE MADE UNINHABITABLE BECAUSE OF OVERHAUL OR REPAIR, THE LAW MENTIONED ABOVE (10 U.S.C. 7572) SPECIFICALLY FIXES THE BASIS FOR PROVIDING QUARTERS OR AUTHORIZING A REIMBURSEMENT THEREFOR. VIEW OF SUCH SPECIAL STATUTORY PROVISIONS WE DO NOT BELIEVE THERE WOULD BE ANY BASIS TO AUTHORIZE A BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS IN THIS CATEGORY. SEE B-144363, DECEMBER 7, 1960, COPY ENCLOSED. QUESTION 2 IS ANSWERED IN THE NEGATIVE.

SINCE QUESTIONS 3, 4, AND 5 PERTAIN TO FLEET AVIATION SQUADRONS OR UNITS, THOSE QUESTIONS WILL BE CONSIDERED TOGETHER.

QUESTION 3

MAY MEMBERS ATTACHED TO FLEET AVIATION SQUADRONS OR UNITS WHICH OPERATE AT SEA BE CREDITED BASIC ALLOWANCE FOR QUARTERS AT THE SINGLE RATES WHILE SERVING ASHORE FOR PERIODS OF MORE THAN 15 DAYS?

QUESTION 4

MAY MEMBERS ATTACHED TO FLEET AVIATION SQUADRONS OR UNITS, WHICH ARE ADMINISTRATIVELY CLASSIFIED AS SEA DUTY BUT DO NOT OPERATE AT SEA FROM SHIPS, BE CREDITED BASIC ALLOWANCE FOR QUARTERS AT THE SINGLE RATES WHILE SERVING ASHORE?

QUESTION 5

IF THE ANSWER TO QUESTION 4 IS IN THE NEGATIVE MAY THE MEMBERS BE CREDITED BASIC ALLOWANCE FOR QUARTERS IF THE CONDITIONS REMAIN THE SAME, EXCEPT THAT THE DUTY IS ADMINISTRATIVELY CLASSIFIED AS SHORE DUTY?

WITH RESPECT TO THESE QUESTIONS, THE ASSISTANT SECRETARY SAYS THAT FLEET AVIATION SQUADRONS ARE ASSIGNED PERMANENT DUTY STATIONS ASHORE. THESE STATIONS ARE THE PLACES AT WHICH IT IS INTENDED THE SQUADRONS WILL PERFORM THEIR PRIMARY FUNCTIONS WHEN NOT OPERATING AT SEA OR DEPLOYED TO OTHER REMOTE AREAS, AND ARE THE PLACES AT WHICH THE ADMINISTRATIVE FUNCTIONS ARE PERFORMED FOR THE SQUADRON. IT IS STATED THAT THE PERMANENT STATIONS ARE SIMILAR TO HOME PORTS OF THE SHIPS IN THAT THEY ARE PLACES TO WHICH DEPENDENT'S TRANSPORTATION AND SHIPMENT OF HOUSEHOLD GOODS ARE AUTHORIZED. IT IS FURTHER STATED THAT THE MAJORITY OF THE AVIATION SQUADRONS ARE DESIGNATED AS FLEET UNITS OR ACTIVITIES AND SUPPORT FLEET OPERATIONS UNDER THE CONTROL OF THE FLEET COMMANDERS. THE AVIATION SQUADRONS FALL WITHIN TWO CATEGORIES, NAMELY,THOSE WHICH OPERATE AT SEA FROM SHIPS AND THOSE WHICH OPERATE SOLELY FROM AIR FIELDS ASHORE. FOR THOSE SQUADRONS OPERATING AT SEA, THE PROPORTION OF THEIR DUTY AT SEA VARIES FROM A RELATIVELY SMALL PROPORTION TO AN ALMOST TOTAL PROPORTION AND INVARIABLY THEIR DUTY IS CLASSIFIED, FOR ADMINISTRATIVE PURPOSES, AS SEA DUTY. FOR THOSE SQUADRONS OPERATING SOLELY FROM AIR FIELDS ASHORE, IT IS STATED THAT THE MEMBER'S DUTY MAY BE CLASSIFIED, FOR ADMINISTRATIVE PURPOSES, AS EITHER SEA DUTY OR SHORE DUTY. IN THE DECISION OF JULY 30, 1962, 42 COMP. GEN. 65, REFERRED TO ABOVE, THERE WAS CONSIDERED THE CASE OF THE OFFICER, WHOSE WIFE WAS ALSO A MEMBER OF THE UNIFORMED SERVICES, ATTACHED TO A FLEET SQUADRON WHOSE PERMANENT DUTY STATION WAS THE NAVY AIR STATION, BARBER'S POINT, HAWAII. IN THAT DECISION WE CONCLUDED AS FOLLOWS:

SINCE COMMANDER PHELPS IS ASSIGNED TO A UNIT WHICH IS A FLEET ACTIVITY HE, OF COURSE, WOULD BE FURNISHED NECESSARY QUARTERS WHILE SERVING AT SEA, AND PRESUMABLY SUCH QUARTERS ABOARD, OR OTHERS ASHORE IN LIEU OF THE QUARTERS ABOARD, ARE PROVIDED FOR HIM AND THE OTHER MEMBERS OF THE UNIT DURING PERIODS THAT IT IS NOT AWAY FROM ITS PERMANENT BASE, SUCH BASE NOT BEING CONSIDERED AS A SHORE STATION BUT CORRESPONDING TO THE HOME PORT OF A VESSEL. THUS, IT WOULD APPEAR THAT HIS SITUATION IS COMPARABLE TO THAT OF A MEMBER SERVING ON A VESSEL AND NO BASIS IS PRESENTED FOR APPLYING ANY DIFFERENT RULE WITH RESPECT TO ENTITLEMENT TO QUARTERS ALLOWANCE.

AS INDICATED IN THAT DECISION IT IS OUR OPINION THAT IN VIEW OF THE OPERATIONAL REQUIREMENTS OF FLEET AVIATION SQUADRONS AND UNITS AND THE NAVY PRACTICE OF ASSIMILATING THESE ORGANIZATIONS TO SHIPS FOR DUTY ASSIGNMENT PURPOSES, MEMBERS ATTACHED TO SUCH SQUADRONS OR UNITS ARE TO BE REGARDED AS ENTITLED TO CREDIT OF BASIC ALLOWANCE FOR QUARTERS ON THE SAME BASIS AS MEMBERS ATTACHED TO A SHIP REGARDLESS OF WHETHER THE SQUADRON OR UNIT IS SHIP-BASED OR SHORE-BASED. ACCORDINGLY, AS IN THE CASE OF MEMBERS ATTACHED TO TWO-CREW NUCLEAR-POWERED SUBMARINES, THE RIGHTS OF MEMBERS ATTACHED TO SUCH SQUADRONS OR UNITS WHILE TEMPORARILY AWAY FROM THE BASE OF THE SQUADRON OR UNIT ARE GOVERNED BY PARAGRAPH 044036-1D (3) OF THE NAVY COMPTROLLER MANUAL. SINCE THE SHIP OR SHORE STATION, AS THE CASE MAY BE, IS THE MEMBER'S PERMANENT DUTY STATION AND NO QUESTION OF SHIP OVERHAUL OR REPAIR APPEARS TO BE INVOLVED, HE MAY BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS FOR ANY PERIOD OF TEMPORARY ABSENCE FROM THAT PERMANENT DUTY STATION WHEN HE IS NOT ENTITLED TO SEA DUTY PAY AND NO GOVERNMENT QUARTERS ARE AVAILABLE FOR HIS OCCUPANCY. QUESTIONS 3, 4, AND 5 ARE ANSWERED ACCORDINGLY.

CONCERNING THIS PROBLEM, GENERALLY, IF AS URGED BY ENSIGN DAVID A. JOHNSTON, USNR, WHOSE CASE WAS FORWARDED HERE BY LETTER DATED JULY 6, 1964, FROM THE ASSISTANT SECRETARY OF THE NAVY, THE PRESENT STATUTORY PROVISIONS GOVERNING THE CREDIT OF BASIC ALLOWANCE FOR QUARTERS IN THE CASES HERE CONCERNED DO NOT ADEQUATELY MEET THE NEEDS OF THE NAVAL SERVICE, THE MATTER WOULD APPEAR TO BE ONE FOR CONSIDERATION BY THE CONGRESS.