B-121686, JAN 12, 1955

B-121686: Jan 12, 1955

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THAT THEY RESIDED IN TRANSIENT QUARTERS LOCATED WITHIN THE CONFINES AT FORT DERUSSY UNTIL PERMANENT HOUSING WAS OBTAINED ON AUGUST 7. THE QUARTERS SO OCCUPIED ARE DESCRIBED IN A COMMUNICATION OF HEADQUARTERS. AS BEING QUARTERS THAT WERE CONSTRUCTED IN 1942 AS TROOP HOUSING. MAINTAINED BY APPROPRIATED FUNDS WHICH ARE SUPPLEMENTED BY NONAPPROPRIATED FUNDS. ALSO IT IS STATED THAT THE LODGINGS ARE USED EXCLUSIVELY AS TEMPORARY QUARTERS AND THAT COOKING AND REFRIGERATION FACILITIES ARE NOT AVAILABLE. IT IS INDICATED THAT FEES CHARGED OCCUPENTS (WHICH PRESUMABLY WERE THE ONLY FEES CHARGED LIEUTENANT SHEPPARD DURING THE PERIOD IN QUESTION) REPRESENTED SERVICE CHARGES FOR LINENS. PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA ARE ENTITLED TO STATION PER DIEM ALLOWANCE AT RATES UNIFORMLY ESTABLISHED BY THE SECRETARIES CONCERNED.

B-121686, JAN 12, 1955

PRECIS-UNAVAILABLE

W.A. SPEER, JR., DEPARTMENT OF THE NAVY:

BY LETTER DATED OCTOBER 4, 1954, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF SEPTEMBER 2, 1954, SUBMITTING FOR ADVANCE DECISION A MILITARY PAY ORDER COVERING A STATION PER DIEM ALLOWANCE, EQUAL TO THE TRAVEL PER DIEM ALLOWANCE AUTHORIZED FOR THE TERRITORY OF HAWAII, PROPOSED TO BE PAID TO LIEUTENANT JOHN R. SHEPPARD, USN, UNDER THE PROVISIONS OF PARAGRAPH 4302-2, OF THE JOINT TRAVEL REGULATIONS, FOR THE PERIOD FROM JULY 25, 1954, TO AUGUST 6, 1954.

IT APPEARS THAT LIEUTENANT SHEPPARD AND HIS DEPENDENTS ARRIVED AT HONOLULU ON JULY 25, 1954, INCIDENT TO A DUTY ASSIGNMENT AT PEARL HARBOR, AND THAT THEY RESIDED IN TRANSIENT QUARTERS LOCATED WITHIN THE CONFINES AT FORT DERUSSY UNTIL PERMANENT HOUSING WAS OBTAINED ON AUGUST 7, 1954. THE QUARTERS SO OCCUPIED ARE DESCRIBED IN A COMMUNICATION OF HEADQUARTERS, U.S. ARMY, PACIFIC, DATED AUGUST 26, 1954, AS BEING QUARTERS THAT WERE CONSTRUCTED IN 1942 AS TROOP HOUSING, CONVERTED TO FAMILY LODGINGS BY NONAPPROPRIATED FUNDS, OPERATED WITH NONAPPROPRIATED FUNDS, AND MAINTAINED BY APPROPRIATED FUNDS WHICH ARE SUPPLEMENTED BY NONAPPROPRIATED FUNDS. ALSO IT IS STATED THAT THE LODGINGS ARE USED EXCLUSIVELY AS TEMPORARY QUARTERS AND THAT COOKING AND REFRIGERATION FACILITIES ARE NOT AVAILABLE. IT IS INDICATED THAT FEES CHARGED OCCUPENTS (WHICH PRESUMABLY WERE THE ONLY FEES CHARGED LIEUTENANT SHEPPARD DURING THE PERIOD IN QUESTION) REPRESENTED SERVICE CHARGES FOR LINENS, LAUNDRY, AND JANITORIAL AND INCIDENTAL EXPENSES.

PARAGRAPH 4300 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA ARE ENTITLED TO STATION PER DIEM ALLOWANCE AT RATES UNIFORMLY ESTABLISHED BY THE SECRETARIES CONCERNED. PARAGRAPH 4303-2 OF THE REGULATIONS PROVIDES:

"UPON INITIAL ASSIGNMENT TO A PERMANENT STATION OUTSIDE THE UNITED STATES AND UPON SUBSEQUENT TRANSFER FROM ONE PERMANENT STATION OUTSIDE THE UNITED STATES TO ANOTHER PERMANENT STATION OUTSIDE THE UNITED STATES REQUIRING A CHANGE IN ALLOWANCES, WHICH ARE GOVERNED BY REGULATIONS ISSUED PURSUANT TO SECTION 303(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THERE WOULD APPEAR TO BE NO BASIS FOR DRAWING THE SUGGESTED ANALOGY, HOWEVER, EVEN IF THE ACT OF JULY 2, 1945, WERE APPLICABLE, SINCE THE QUARTERS AT FORT DERUSSY APPEAR TO HAVE BEEN DESIGNATED FOR ASSIGNMENT AND OCCUPANCY WITHOUT CHARGE (OTHER THAN INCIDENTAL SERVICE CHARGES) BY MILITARY PERSONNEL AND THEIR DEPENDENTS.

AS IT APPEARS THAT THE OFFICER HERE INVOLVED AND HIS DEPENDENTS WERE FURNISHED GOVERNMENT QUARTERS DURING THE PERIOD IN QUESTION, PAYMENT ON THE SUBMITTED PAY ORDER OF A STATION PER DIEM ALLOWANCE EITHER FOR QUARTERS OR SUBSISTENCE UNDER THE PROVISIONS OF PARAGRAPH 4303-2 OF THE JOINT TRAVEL REGULATIONS IS NOT AUTHORIZED. THE PAY ORDER WILL BE RETAINED IN THIS OFFICE.