B-121240, MARCH 11, 1955, 34 COMP. GEN. 436

B-121240: Mar 11, 1955

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QUARTERS ALLOWANCE - OCCUPANCY OF QUARTERS - SOME DEPENDENTS PROHIBITED FROM OVERSEAS STATION ARMY OFFICER WHO IS PREVENTED. FROM HAVING TWO OF HIS DEPENDENT CHILDREN RESIDE WITH THE FAMILY AT HIS OVERSEAS STATION MAY NOT BE DENIED BASIC ALLOWANCE FOR QUARTERS UNDER SECTION 302 (D) OF THE CAREER COMPENSATION ACT OF 1949 FOR THE SAME PERIOD THAT GOVERNMENT QUARTERS ARE FURNISHED TO THE OFFICER. HE WAS ADVISED THAT. THE AMBASSADOR WAS UNABLE TO APPROVE HIS REQUEST TO BRING ALL OF HIS DEPENDENTS TO THAT POST. TWO OF HIS CHILDREN ARE OCCUPYING GOVERNMENT QUARTERS IN THE AMERICAN EMBASSY IN MOSCOW BUT THAT HIS OTHER TWO DEPENDENT CHILDREN ARE RESIDING IN THE UNITED STATES. IT ALSO APPEARS THAT HE IS RECEIVING A STATION ALLOWANCE LESS QUARTERS FOR A MARRIED OFFICER WITH DEPENDENTS.

B-121240, MARCH 11, 1955, 34 COMP. GEN. 436

QUARTERS ALLOWANCE - OCCUPANCY OF QUARTERS - SOME DEPENDENTS PROHIBITED FROM OVERSEAS STATION ARMY OFFICER WHO IS PREVENTED, BY ORDERS OF COMPETENT AUTHORITY, FROM HAVING TWO OF HIS DEPENDENT CHILDREN RESIDE WITH THE FAMILY AT HIS OVERSEAS STATION MAY NOT BE DENIED BASIC ALLOWANCE FOR QUARTERS UNDER SECTION 302 (D) OF THE CAREER COMPENSATION ACT OF 1949 FOR THE SAME PERIOD THAT GOVERNMENT QUARTERS ARE FURNISHED TO THE OFFICER, HIS WIFE AND TWO OTHER CHILDREN.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO LIEUTENANT COLONEL JOSEPH M. MANO, DEPARTMENT OF THE ARMY, MARCH 11, 1955:

BY ENDORSEMENT DATED AUGUST 25, 1954, THE CHIEF OF FINANCE DEPARTMENT OF THE ARMY, REFERRED TO THIS OFFICE YOUR COMMUNICATION OF JULY 27, 1954, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE RIGHT OF LIEUTENANT COLONEL HOWARD L. FELCHLIN TO BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS BEGINNING JULY 17, 1953.

IT APPEARS FROM THE ENCLOSURES THAT ON MARCH 18, 1953, COLONEL FELCHLIN WROTE TO THE ARMY ATTACHE, AMERICAN EMBASSY, MOSCOW, USSR, REQUESTING PERMISSION TO BRING HIS WIFE AND FOUR DEPENDENT CHILDREN WITH HIM TO MOSCOW. IN RESPONSE, HE WAS ADVISED THAT, BECAUSE OF HOUSING CONDITIONS IN MOSCOW, THE AMBASSADOR WAS UNABLE TO APPROVE HIS REQUEST TO BRING ALL OF HIS DEPENDENTS TO THAT POST. THE ARMY ATTACHE CABLED THE DEPARTMENT OF THE ARMY THAT HE CONCURRED IN THE AMBASSADOR'S DECISION. IT FURTHER APPEARS THAT THE OFFICER, HIS WIFE, AND TWO OF HIS CHILDREN ARE OCCUPYING GOVERNMENT QUARTERS IN THE AMERICAN EMBASSY IN MOSCOW BUT THAT HIS OTHER TWO DEPENDENT CHILDREN ARE RESIDING IN THE UNITED STATES. IT ALSO APPEARS THAT HE IS RECEIVING A STATION ALLOWANCE LESS QUARTERS FOR A MARRIED OFFICER WITH DEPENDENTS. THERE HAS BEEN SUBMITTED A COPY OF A LETTER FROM THE AMERICAN EMBASSY IN MOSCOW DATED DECEMBER 10, 1953, ADDRESSED TO THE OFFICER, WHICH STATED THAT THE HOUSING CONDITIONS AT THAT POST REMAINED INADEQUATE AND THAT THE AMBASSADOR'S PREVIOUS DECISION IN HIS CASE REMAINED UNALTERED.

SUBSECTIONS (B) AND (D) OF SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, ARE AS FOLLOWS:

(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 SERVICES, APPROPRIATE TO THEIR RANK, GRADE, OR RATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS.

(D) NO MEMBER OF THE UNIFORMED SERVICES ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES SHALL BE DENIED HIS BASIC ALLOWANCE FOR QUARTERS IF, BY REASON OF ORDERS OF COMPETENT AUTHORITY, HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.

THUS SUBSECTION (B) PROVIDES THAT, EXCEPT AS OTHERWISE PROVIDED BY LAW, 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. SUBSECTION (D), HOWEVER, EXPRESSLY PRECLUDES DENIAL OF BASIC ALLOWANCE FOR QUARTERS TO A MEMBER IF HIS DEPENDENTS ARE PREVENTED, BY ORDERS OF COMPETENT AUTHORITY, FROM OCCUPYING GOVERNMENT QUARTERS ASSIGNED TO HIM. HENCE, FOR ANY PERIOD WHEN SOME OF COLONEL FELCHLIN'S DEPENDENTS HAVE BEEN PREVENTED BY ORDERS OF COMPETENT AUTHORITY FROM OCCUPYING THE GOVERNMENT QUARTERS ASSIGNED TO HIM, HE IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS. COMPARE DECISION OF THIS OFFICE DATED APRIL 20, 1945, B-47712.

ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT COLONEL FELCHLIN WITH BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS BEGINNING JULY 17, 1953, AND SO LONG THEREAFTER AS HE IS ASSIGNED GOVERNMENT QUARTERS IN MOSCOW AND ANY OF HIS DEPENDENTS ARE PREVENTED, BY ORDERS OF COMPETENT AUTHORITY, FROM OCCUPYING SUCH QUARTERS WITH HIM, PROVIDED HIS CLAIM FOR SUCH ALLOWANCE IS PROPER IN OTHER RESPECTS. THE MILITARY PAY ORDER RECEIVED WITH YOUR COMMUNICATION OF JULY 27, 1954, IS RETURNED HEREWITH.