B-115939, SEPTEMBER 2, 1954, 34 COMP. GEN. 113

B-115939: Sep 2, 1954

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

QUARTERS ALLOWANCE - DEPENDENTS - HUSBAND AND WIFE BOTH IN THE UNIFORMED SERVICES - JOINT OCCUPANCY OF GOVERNMENT QUARTERS WHEN HUSBAND AND WIFE ARE BOTH MEMBERS OF THE UNIFORMED SERVICES AND EITHER MEMBER IS ASSIGNED FAMILY-TYPE GOVERNMENT QUARTERS WHICH BOTH MEMBERS OCCUPY. IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS FOR HER DEPENDENT PARENTS BEGINNING OCTOBER 23. IT IS STATED THAT WHEN THE CLAIMANT ARRIVED AT FORT SILL. SHE WAS NOT ASSIGNED PUBLIC QUARTERS IN HER OWN RIGHT BECAUSE SHE PREFERRED TO RESIDE WITH HER HUSBAND. THAT PUBLIC (SINGLE) QUARTERS FOR NURSES WERE AVAILABLE AT THE TIME. FAMILY-TYPE QUARTERS WERE ASSIGNED TO THE NURSE'S HUSBAND. THAT SHE IS OCCUPYING SUCH QUARTERS.

B-115939, SEPTEMBER 2, 1954, 34 COMP. GEN. 113

QUARTERS ALLOWANCE - DEPENDENTS - HUSBAND AND WIFE BOTH IN THE UNIFORMED SERVICES - JOINT OCCUPANCY OF GOVERNMENT QUARTERS WHEN HUSBAND AND WIFE ARE BOTH MEMBERS OF THE UNIFORMED SERVICES AND EITHER MEMBER IS ASSIGNED FAMILY-TYPE GOVERNMENT QUARTERS WHICH BOTH MEMBERS OCCUPY, SUCH QUARTERS SHOULD BE CONSIDERED AS ASSIGNED TO THEM JOINTLY AND SEVERALLY AND AS ADEQUATE FOR THEMSELVES AND DEPENDENTS WITHIN THE CONTEMPLATION OF SECTION 302 (B) OF THE CAREER COMPENSATION ACT OF 1949, SO AS TO PRECLUDE THE PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF ANY DEPENDENT OF EITHER OR BOTH MEMBERS. B 84300, APRIL 5, 1949, MODIFIED.

ACTING COMPTROLLER GENERAL KELLER TO CAPTAIN RAY C. EAKINS, DEPARTMENT OF THE ARMY, SEPTEMBER 2, 1954:

THE CHIEF OF FINANCE HAS REFERRED TO THIS OFFICE YOUR LETTER OF APRIL 17, 1953, REQUESTING AN ADVANCE DECISION AS TO WHETHER FIRST LIEUTENANT IDA L. REID, ARMY NURSE CORPS, N-736054, IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS FOR HER DEPENDENT PARENTS BEGINNING OCTOBER 23, 1952.

IT APPEARS THAT YOUR DOUBT AS TO THE LEGALITY OF THE PAYMENT ARISES FROM THE FACT THAT THE CLAIMANT OCCUPIED PUBLIC FAMILY-TYPE QUARTERS ASSIGNED TO HER HUSBAND, FIRST LIEUTENANT ROBERT A. REID, O65718, AT FORT SILL, OKLAHOMA. IT IS STATED THAT WHEN THE CLAIMANT ARRIVED AT FORT SILL, ON AUGUST 25, 1952, SHE WAS NOT ASSIGNED PUBLIC QUARTERS IN HER OWN RIGHT BECAUSE SHE PREFERRED TO RESIDE WITH HER HUSBAND; THAT PUBLIC (SINGLE) QUARTERS FOR NURSES WERE AVAILABLE AT THE TIME; THAT ON OCTOBER 23, 1952, FAMILY-TYPE QUARTERS WERE ASSIGNED TO THE NURSE'S HUSBAND; THAT SHE IS OCCUPYING SUCH QUARTERS; AND THAT THE PARENTS OF THE NURSE DID NOT RESIDE WITH HER AND HER HUSBAND AND ARE NOT OCCUPYING PUBLIC QUARTERS.

SECTION 302 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES:

(B) EXCEPT AS OTHERWISE PROVIDED BY LAW, NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICE, APPROPRIATE TO THEIR RANK, GRADE, OR RATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS.

UNDER SUCH PROVISIONS A MEMBER OF THE UNIFORMED SERVICES IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR ANY DEPENDENT WHEN ASSIGNED ADEQUATE GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENTS. A HUSBAND OR WIFE IN THE UNIFORMED SERVICE GENERALLY HAS NOT BEEN CONSIDERED A DEPENDENT OF THE OTHER FOR QUARTERS ALLOWANCE PURPOSES AND IN A CASE WHERE A MEMBER AND HIS WIFE ARE BOTH IN THE SERVICE AND EACH IS ASSIGNED SINGLE QUARTERS IT IS CONTEMPLATED THAT EACH MEMBER MAY RECEIVE OR CONTINUE TO RECEIVE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENT PARENTS IF OTHERWISE ENTITLED. HOWEVER, IT IS THE VIEW OF THIS OFFICE THAT WHERE EITHER MEMBER IS ASSIGNED FAMILY-TYPE QUARTERS, AND BOTH MEMBERS OCCUPY SUCH QUARTERS, THE QUARTERS SHOULD BE CONSIDERED AS ASSIGNED TO THEM JOINTLY AND SEVERALLY AND AS ADEQUATE FOR THEMSELVES AND ALL DEPENDENTS OF EITHER OR BOTH OF THEM. A SIMILAR VIEW HAS BEEN TAKEN BY THE DEPARTMENT OF THE ARMY AS IN EVIDENCE BY PARAGRAPH 5C (2) (C), SR-35-1465-15, DATED MAY 28, 1953, WHICH IS AS FOLLOWS:

(C) A SERVICE MEMBER IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS BECAUSE OF DEPENDENT PARENTS, CHILDREN, ETC. WHEN THE SERVICE MEMBER AND SPOUSE JOINTLY OCCUPY FAMILY TYPE QUARTERS. SUCH QUARTERS ARE DEEMED TO BE ASSIGNED TO BOTH SERVICE MEMBERS.

ACCORDINGLY, SINCE LIEUTENANT ROBERT A. REID WAS ASSIGNED "FAMILY TYPE" QUARTERS WHICH WERE JOINTLY OCCUPIED BY HIM AND HIS WIFE, THE CLAIMANT, SUCH QUARTERS ARE DEEMED TO HAVE BEEN ASSIGNED TO BOTH MEMBERS AND NEITHER IS ENTITLED TO BASIC ALLOWANCE FOR DEPENDENTS WHILE SO ASSIGNED SUCH QUARTERS. TO THE EXTENT THAT DECISION OF APRIL 5, 1949, B-84300, IS INCONSISTENT WITH SUCH CONCLUSION, IT SHOULD BE DISREGARDED. IT FOLLOWS THAT YOU ARE NOT AUTHORIZED TO CREDIT FIRST LIEUTENANT IDA L. REID WITH BASIC ALLOWANCE FOR QUARTERS FOR HER DEPENDENT PARENTS. THE DEPENDENCY CERTIFICATE ( DD FORM 137-1) AND THE MILITARY PAY ORDER ( DD FORM 114) TRANSMITTED WITH YOUR LETTER ARE RETAINED IN THIS OFFICE.