B-122624, JUN. 30, 1955

B-122624: Jun 30, 1955

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DEPARTMENT OF THE AIR FORCE: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17. GENERAL PARTRIDGE WAS ASSIGNED U.S. WHICH CONTAINS 14 BEDROOMS AND WAS DESIGNED FOR OCCUPANCY BY 18 PERSONS. NORMALLY IS PROVIDED FOR. IT IS STATED. WERE USED AS BILLETS FOR SIX MEMBERS OF HIS STAFF. THAT SHE WAS NOT SERVING AS A MEMBER OF THE UNIFORMED SERVICES OR OCCUPYING GOVERNMENT QUARTERS. ARE AS FOLLOWS: "/B) EXCEPT AS OTHERWISE PROVIDED BY LAW. HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.'. 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 UNLESS HIS DEPENDENTS ARE PREVENTED.

B-122624, JUN. 30, 1955

TO LIEUTENANT COLONEL F. J. BEGLEY, USAF, DISBURSING OFFICER, DEPARTMENT OF THE AIR FORCE:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1954, AND ENCLOSURES, IN WHICH YOU REQUEST AN ADVANCE DECISION WHETHER GENERAL EARLE E. PARTRIDGE, 33A, USAF, MAY BE CREDITED WITH A BASIC ALLOWANCES FOR QUARTERS AS AN OFFICER WITH DEPENDENTS FOR THE PERIOD MARCH 24 TO SEPTEMBER 19, 1954.

THE RECORD SHOWS THAT ON MARCH 24, 1954, BY ORDER OF THE COMMANDER, ARMY FORCES FAR EAST (CAMP TOKYO, APO 613), GENERAL PARTRIDGE WAS ASSIGNED U.S. HOUSE NO. 474, EFFECTIVE THE SAME DATE. U.S. HOUSE NO. 474, WHICH CONTAINS 14 BEDROOMS AND WAS DESIGNED FOR OCCUPANCY BY 18 PERSONS, INCLUDING SIX SERVANTS, NORMALLY IS PROVIDED FOR, AND OCCUPIED BY, THE COMMANDER, FAR EAST AIR FORCES AND HIS DEPENDENTS. IT IS STATED, HOWEVER, THAT DURING THE PERIOD INVOLVED THESE QUARTERS, IN ADDITION TO BEING OCCUPIED BY THE COMMANDER, FEAF, WERE USED AS BILLETS FOR SIX MEMBERS OF HIS STAFF, AND AS A PLACE FOR LODGING AND RECEPTION FOR CONFERENCES AND OFFICIAL FUNCTIONS FOR VISITING FOREIGN DIGNITARIES AND HIGH RANKING UNITED STATES SECURITY PERSONNEL. THE OFFICER'S DEPENDENCY CERTIFICATE (DD FORM 137), AND HIS EXPLANATORY CERTIFICATE OF MAY 12, 1955, SUBMITTED WITH YOUR LETTER OF MAY 19, 1955, SHOW THAT DURING THE PERIOD MARCH 24 TO SEPTEMBER 19, 1954, HIS WIFE RESIDED AT 3609 OVERBROOK DRIVE, DALLAS, TEXAS, AND THAT SHE WAS NOT SERVING AS A MEMBER OF THE UNIFORMED SERVICES OR OCCUPYING GOVERNMENT QUARTERS. THEY ALSO INDICATE THAT SHE JOINED HIM IN JAPAN ON SEPTEMBER 19, 1954, AND OCCUPIED THE ASSIGNED QUARTERS WITH HIM AFTER THAT DATE.

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, 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 UNLESS HIS DEPENDENTS ARE PREVENTED, BY ORDERS OF COMPETENT AUTHORITY, FROM OCCUPYING GOVERNMENT QUARTERS ASSIGNED TO HIM. HENCE, FOR ANY PERIOD WHEN THE QUARTERS ASSIGNED TO GENERAL PARTRIDGE WERE NOT ADEQUATE FOR HIMSELF AND HIS DEPENDENTS, OR THEY DID NOT OCCUPY THE QUARTERS BECAUSE THEY WERE PREVENTED BY ORDERS OF COMPETENT AUTHORITY FROM DOING SO, HE WOULD BE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS.

IT HAS NOT BEEN ADMINISTRATIVELY DETERMINED THAT THE QUARTERS ASSIGNED TO GENERAL PARTRIDGE WERE NOT ADEQUATE FOR HIMSELF AND HIS DEPENDENT, NOR DOES IT APPEAR THAT THERE WOULD BE ANY BASIS FOR SUCH A DETERMINATION SINCE IT IS INDICATED THAT THE DEPENDENT ENTERED IN UPON THE OCCUPANCY OF THESE QUARTERS IMMEDIATELY UPON ARRIVAL IN JAPAN. NEITHER DOES IT APPEAR THAT HIS DEPENDENT WAS PREVENTED BY ORDERS OF COMPETENT AUTHORITY FROM OCCUPYING THE QUARTERS ASSIGNED TO HIM. ON THE CONTRARY, IN VIEW OF THE TYPE AND SIZE OF U.S. HOUSE NO. 474, IT IS PRESUMED THAT THE ASSIGNED QUARTERS WERE NOT OCCUPIED BY HIS DEPENDENTS DURING THE PERIOD INVOLVED FOR PERSONAL REASONS.

ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO PROPER BASIS FOR CREDITING GENERAL PARTRIDGE WITH A BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD MARCH 24 TO SEPTEMBER 19, 1954.