B-122911, JULY 13, 1955, 35 COMP. GEN. 10

B-122911: Jul 13, 1955

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QUARTERS ALLOWANCE - AVAILABILITY OF QUARTERS - NONOCCUPANCY FOR PERSONAL REASONS - MARRIAGE TO ANOTHER MEMBER OF ARMED FORCES A NAVY ENLISTED MAN WHO IS FURNISHED QUARTERS ON BOARD VESSEL BUT WHO OCCUPIES A PRIVATE RESIDENCE WITH WIFE. IS PRECLUDED BY SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 FROM RECEIVING BASIC ALLOWANCE FOR QUARTERS. EVEN THOUGH THE VESSEL IS UNDERGOING YARD OVERHAUL. UNLESS THE QUARTERS ON BOARD ARE CERTIFIED TO BE UNINHABITABLE AND HE IS NOT FURNISHED ANY OTHER. 1955: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7. WHILE THE REQUEST FOR A DECISION WAS ADDRESSED IN ACCORDANCE WITH PARAGRAPH 1041322-2A (3). IT WAS FORWARDED HERE DIRECTLY RATHER THAN THROUGH APPROPRIATE CHANNELS.

B-122911, JULY 13, 1955, 35 COMP. GEN. 10

QUARTERS ALLOWANCE - AVAILABILITY OF QUARTERS - NONOCCUPANCY FOR PERSONAL REASONS - MARRIAGE TO ANOTHER MEMBER OF ARMED FORCES A NAVY ENLISTED MAN WHO IS FURNISHED QUARTERS ON BOARD VESSEL BUT WHO OCCUPIES A PRIVATE RESIDENCE WITH WIFE, ALSO AN ENLISTED MEMBER OF THE UNIFORMED SERVICES, IS PRECLUDED BY SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 FROM RECEIVING BASIC ALLOWANCE FOR QUARTERS, EVEN THOUGH THE VESSEL IS UNDERGOING YARD OVERHAUL, UNLESS THE QUARTERS ON BOARD ARE CERTIFIED TO BE UNINHABITABLE AND HE IS NOT FURNISHED ANY OTHER.

TO LIEUTENANT (J.G.) W. H. SUNDQUIST, DEPARTMENT OF THE NAVY, JULY 13, 1955:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 7, 1955, DD672/1WHS:DE, TRANSMITTED HERE BY THE COMMANDING OFFICER, U.S.S. HEALY (DD-672), BY FIRST ENDORSEMENT DATED FEBRUARY 7, 1955, REQUESTING A DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF LEONARD M. WHITE, 361 32 61, GM3, UNITED STATES NAVY, WITH BASIC ALLOWANCE FOR QUARTERS AS FOR AN ENLISTED MAN WITHOUT DEPENDENTS, UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802. WHILE THE REQUEST FOR A DECISION WAS ADDRESSED IN ACCORDANCE WITH PARAGRAPH 1041322-2A (3), NAVY COMPTROLLER MANUAL, IT WAS FORWARDED HERE DIRECTLY RATHER THAN THROUGH APPROPRIATE CHANNELS. IS NOTED ALSO THAT THE FILE DOES NOT CONTAIN AN ORDER TO ADJUST THE ENLISTED MAN'S PAY RECORD (S. AND A. FORM 515) OR A MILITARY PAY ORDER ( DD FORM 114) TO SUBSTANTIATE THE PROPOSED CREDIT OF BASIC ALLOWANCE FOR QUARTERS. SEE PARAGRAPH 1044038.2A OF THE MANUAL.

YOU RELATE THAT LEONARD M. WHITE AND PRIVATE FIRST CLASS LILLIAN S. TARNACKI, W704506, UNITED STATES MARINE CORPS, WERE MARRIED ON JULY 3, 1954, AND ESTABLISHED A JOINT RESIDENCE AT 106 WEST 28TH STREET, NORFOLK, VIRGINIA. IT APPEARS THAT SHE HAS BEEN STATIONED AT THE NAVAL OPERATING BASE, NORFOLK, VIRGINIA, SINCE JANUARY 20, 1954, AND THAT HE SERVED ABOARD THE U.S.S. BORIE (DD-704) FROM MAY 1954 TO SEPTEMBER 1954, THE HOME PORT BEING NORFOLK, VIRGINIA, AND THAT HE HAS SERVED ABOARD THE U.S.S. HEALY (DD-672) FROM SEPTEMBER 1954 TO THE PRESENT TIME. THE HOME PORT OF THE U.S.S. HEALY (DD-672) IS LIKEWISE SHOWN AS NORFOLK, VIRGINIA, AND YOU STATE THAT DURING THE PERIOD AUGUST 12 TO NOVEMBER 19, 1954, THAT VESSEL WAS UNDERGOING YARD OVERHAUL IN ITS HOME YARDS, NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA. YOU REQUEST A DECISION AS TO WHETHER, UNDER THE LAW AND REGULATIONS CITED IN YOUR SUBMISSION, WHITE IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS FOR AN ENLISTED MAN WITHOUT DEPENDENTS FOR THE PERIOD COMMENCING JULY 17, 1954. IF NOT, YOU ASK WHETHER HE IS ENTITLED TO SUCH ALLOWANCE FOR THE PERIOD DURING WHICH HE SERVED ABOARD THE U.S.S. HEALY (DD-672) WHILE THE SHIP WAS IN NORFOLK NAVAL SHIPYARD, PORTSMOUTH, VIRGINIA.

SUBSECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 37 U.S.C. 231, DEFINES THE TERM "DEPENDENT" AS INCLUDING AT ALL TIMES AND IN ALL PLACES THE LAWFUL WIFE OF ANY MEMBER OF THE UNIFORMED SERVICES, BUT PROVIDES THAT NO MEMBER CLAIMING A DEPENDENT, AS DEFINED IN THAT SUBSECTION, MAY BE PAID INCREASED ALLOWANCES ON ACCOUNT OF SUCH DEPENDENT FOR ANY PERIOD DURING WHICH SUCH DEPENDENT IS ENTITLED TO RECEIVE BASIC PAY UNDER THAT ACT, AS A MEMBER OF THE UNIFORMED SERVICES.

DEPARTMENT OF DEFENSE INSTRUCTION NO. 1338.1 DATED APRIL 16, 1954, SUBJECT: " ASSIGNMENT OF PUBLIC QUARTERS OR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS TO MARRIED MEMBERS OF THE ARMED VICES," WHICH SUPERSEDED THE INSTRUCTIONS CITED BY YOU, PROVIDES, IN PART, THAT:

A. BOTH HUSBAND AND WIFE ARE MEMBERS OF THE ARMED SERVICES WITH NO OTHER DEPENDENTS AND ARE STATIONED AT THE SAME OR ADJACENT POSTS OR INSTALLATIONS.

1. BOTH OFFICER OR BOTH ENLISTED.--- ELIGIBILITY FOR ASSIGNMENT TO PUBLIC QUARTERS FOR DEPENDENTS OR TO THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS PRESCRIBED FOR A MEMBER WITHOUT DEPENDENTS IN LIEU THEREOF RESTS WITH THE MALE MEMBER. THE FEMALE MEMBER IS NOT ELIGIBLE FOR ASSIGNMENT TO PUBLIC QUARTERS FOR DEPENDENTS NOR IS SHE ENTITLED TO THE BASIC ALLOWANCE FOR QUARTERS PRESCRIBED FOR A MEMBER WITHOUT DEPENDENTS UNLESS QUARTERS FOR MEMBERS WITHOUT DEPENDENTS ARE NOT AVAILABLE FOR HER OCCUPANCY. WHERE QUARTERS ARE AVAILABLE FOR HER OCCUPANCY, THE FEMALE MEMBER WILL NEVERTHELESS BE PERMITTED TO RESIDE WITH HER HUSBAND BUT WILL NOT BE ENTITLED TO THE PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS PRESCRIBED FOR A MEMBER WITHOUT DEPENDENTS.

3. THE PROVISIONS OF A.1. AND A.2., ABOVE, ARE INTENDED TO PERMIT THE HUSBAND TO DRAW THE BASIC ALLOWANCE FOR QUARTERS PRESCRIBED FOR A MEMBER WITHOUT DEPENDENTS WHEN PUBLIC QUARTERS FOR DEPENDENTS ARE NOT AVAILABLE AND THE HUSBAND AND WIFE DESIRE TO MAINTAIN JOINT RESIDENCE OFF THE POST OR STATION. IF THE HUSBAND AND WIFE DO NOT MAINTAIN JOINT RESIDENCE OFF THE POST OR STATION WHEN PUBLIC QUARTERS FOR DEPENDENTS ARE NOT AVAILABLE, EACH MEMBER WILL BE CONSIDERED AS A MEMBER WITHOUT DEPENDENTS FOR THE PURPOSE OF ASSIGNMENT TO QUARTERS AND WILL BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS PRESCRIBED FOR A MEMBER WITHOUT DEPENDENTS ONLY WHEN QUARTERS FOR MEMBERS WITHOUT DEPENDENTS ARE NOT AVAILABLE.

A MALE MEMBER OF THE UNIFORMED SERVICES MARRIED TO A FEMALE MEMBER OF THE UNIFORMED SERVICES HAS A DEPENDENT EVEN THOUGH NOT ENTITLED TO RECEIVE INCREASED ALLOWANCES ON HER ACCOUNT BECAUSE SHE IS RECEIVING BASIC PAY AND, UNDER THE QUOTED REGULATIONS, IF BOTH ARE SERVING AT THE SAME STATION HE IS ENTITLED TO ASSIGNMENT OF DEPENDENT TYPE QUARTERS FOR THEIR JOINT OCCUPANCY. WHERE DEPENDENT TYPE QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT IN SUCH CASE, OR IN A CASE WHERE THE FEMALE MEMBER IS STATIONED AT AN ADJACENT POST OR INSTALLATION, THE REGULATIONS CONTEMPLATE THAT, FOR THE PURPOSE OF OCCUPYING OTHER THAN PUBLIC QUARTERS JOINTLY WITH HIS WIFE, A MALE MEMBER WHOSE DUTIES DO NOT REQUIRE HIM TO OCCUPY QUARTERS ON THE STATION SHALL BE PERMITTED TO RESIDE OFF HIS STATION, IN WHICH EVENT HE SHALL BE ENTITLED TO THE BASIC ALLOWANCE FOR QUARTERS AS FOR A MEMBER WITHOUT DEPENDENTS IN LIEU OF SINGLE QUARTERS, NOTWITHSTANDING THAT SINGLE QUARTERS WHICH MIGHT BE ASSIGNED HIM ARE AVAILABLE.

A MEMBER SERVING ON A VESSEL, BEING FURNISHED QUARTERS ON BOARD, MAY NOT, OF COURSE, BE CREDITED WITH A BASIC ALLOWANCE FOR QUARTERS ON HIS OWN ACCOUNT, AND SINCE THE STATUTE PROHIBITS ANY INCREASE ON ACCOUNT OF A DEPENDENT IN THE UNIFORMED SERVICES, HE MAY NOT BE CREDITED WITH ANY ALLOWANCE, WHILE SO SERVING, IF HIS ONLY DEPENDENT IS A MEMBER OF THE UNIFORMED SERVICES. FURTHER, SUCH A MEMBER'S SITUATION DURING A PERIOD IN WHICH THE VESSEL TO WHICH HE IS ASSIGNED IS UNDERGOING YARD OVERHAUL WOULD BE NO DIFFERENT UNLESS HIS QUARTERS ON BOARD ARE CERTIFIED BY APPROPRIATE AUTHORITY TO BE UNINHABITABLE BECAUSE OF THE OVERHAUL AND HE IS FURNISHED NO OTHER QUARTERS.

ACCORDINGLY, ON THE RECORD PRESENTED NO PAYMENT IS AUTHORIZED IN THIS CASE. THE COPY OF YOUR LETTER OF FEBRUARY 7, 1955, IS RETURNED.