B-113008, FEBRUARY 20, 1953, 32 COMP. GEN. 368

B-113008: Feb 20, 1953

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QUARTERS ALLOWANCE - MARRIED OFFICER OF WOMEN'S ARMY CORPS - AVAILABILITY OF "SINGLE" QUARTERS - HUSBAND NOT DEPENDENT A MARRIED OFFICER OF THE WOMEN'S ARMY CORPS WHOSE HUSBAND WAS NOT HER "DEPENDENT" AS DEFINED IN THE CONTROLLING STATUTE IS NOT ENTITLED AS A MATTER OF RIGHT TO BE ASSIGNED MARRIED OFFICERS QUARTERS NOR MAY SHE BE PAID BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS WHERE ADEQUATE "SINGLE" QUARTERS ARE AVAILABLE AT HER STATION AND ARE NOT OCCUPIED BY HER BECAUSE OF PERSONAL REASONS. 1953: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 29. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT ADEQUATE PUBLIC QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY. YOU APPEAR TO BE OF THE OPINION THAT BECAUSE YOU ARE MARRIED YOU SHOULD BE ASSIGNED MARRIED OFFICERS' QUARTERS EVEN THOUGH YOUR HUSBAND IS NOT DEPENDENT UPON YOU AND THAT.

B-113008, FEBRUARY 20, 1953, 32 COMP. GEN. 368

QUARTERS ALLOWANCE - MARRIED OFFICER OF WOMEN'S ARMY CORPS - AVAILABILITY OF "SINGLE" QUARTERS - HUSBAND NOT DEPENDENT A MARRIED OFFICER OF THE WOMEN'S ARMY CORPS WHOSE HUSBAND WAS NOT HER "DEPENDENT" AS DEFINED IN THE CONTROLLING STATUTE IS NOT ENTITLED AS A MATTER OF RIGHT TO BE ASSIGNED MARRIED OFFICERS QUARTERS NOR MAY SHE BE PAID BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS WHERE ADEQUATE "SINGLE" QUARTERS ARE AVAILABLE AT HER STATION AND ARE NOT OCCUPIED BY HER BECAUSE OF PERSONAL REASONS.

ACTING COMPTROLLER GENERAL YATES TO LT. EILEEN H. WILLIAMS, FEBRUARY 20, 1953:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 29, 1952, AND ENCLOSURES, ACKNOWLEDGED DECEMBER 1, 1952, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 9, 1952, DISALLOWING YOUR CLAIM ( NO. Z 988214) FOR BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS DURING THE PERIOD FROM AUGUST 15, 1951, THROUGH FEBRUARY 29, 1952, INCIDENT TO YOUR SERVICE AS A SECOND LIEUTENANT WOMEN'S ARMY CORPS, SERVICE NO. L 1 1010 319. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT ADEQUATE PUBLIC QUARTERS WERE AVAILABLE FOR YOUR OCCUPANCY.

YOU APPEAR TO BE OF THE OPINION THAT BECAUSE YOU ARE MARRIED YOU SHOULD BE ASSIGNED MARRIED OFFICERS' QUARTERS EVEN THOUGH YOUR HUSBAND IS NOT DEPENDENT UPON YOU AND THAT, SINCE PUBLIC QUARTERS ARE NOT ASSIGNED TO YOU AND YOUR HUSBAND, YOU SHOULD BE PAID BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS EVEN THOUGH, SUCH ALLOWANCE WOULD BE AN ALLOWANCE IN LIEU OF QUARTERS WHICH WOULD BE AVAILABLE FOR YOUR PERSONAL OCCUPANCY AND WOULD BE ASSIGNED TO YOU EXCEPT FOR YOUR PERSONAL REASONS.

UNLESS THE HUSBAND OF A MARRIED FEMALE OFFICER IS HER "DEPENDENT" AS DEFINED IN THE CONTROLLING STATUTE, SHE IS NOT ENTITLED AS A MATTER OF RIGHT TO BE ASSIGNED PUBLIC QUARTERS (EVEN IF AVAILABLE) FOR OCCUPANCY BY HERSELF AND HER HUSBAND. THAT BEING THE CASE, THE GOVERNMENT'S OBLIGATION WAS TO FURNISH YOU QUARTERS ADEQUATE FOR AN OFFICER WITHOUT DEPENDENTS. SUCH ADEQUATE ,SINGLE" QUARTERS ARE SHOWN TO HAVE BEEN AVAILABLE AT YOUR STATION FOR WOMEN'S ARMY CORPS OFFICERS DURING THE PERIOD INVOLVED IN YOUR CLAIM.

IT HAS BEEN HELD ON NUMEROUS OCCASIONS THAT WHEN ADEQUATE PUBLIC QUARTERS ARE AVAILABLE FOR OCCUPANCY BY PERSONNEL OF THE ARMED SERVICES, THOUGH NOT OCCUPIED FOR PERSONAL REASONS, NO AUTHORITY EXISTS FOR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS. SEE, GENERALLY, 23 COMP. GEN. 216.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 9, 1952, DISALLOWING YOUR CLAIM, IS SUSTAINED.