B-126656, MAR. 13, 1956

B-126656: Mar 13, 1956

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DEPARTMENT OF THE NAVY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1. REQUESTING ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT THE PAY ACCOUNT OF DEAN STANLEY LANE. THAT HE AND HIS THREE DEPENDENTS WERE FURNISHED WITH ONE ROOM BY AN ACQUAINTANCE UNTIL PERMANENT HOUSING WAS OBTAINED ON OCTOBER 4. IT IS REPORTED THAT NEITHER GOVERNMENT QUARTERS NOR MESSING FACILITIES WERE AVAILABLE. HE STATES THAT DUE TO CROWDED CONDITIONS IN THE HOME WHERE HE HAD THE ROOM "IT WAS NECESSARY FOR US TO TAKE A GOOD SHARE OF OUR MEALS AT RESTAURANTS.'. A MEMBER OF THE UNIFORMED SERVICES WHO IS INITIALLY ASSIGNED TO A PERMANENT STATION OUTSIDE THE UNITED STATES AND WHO IS . IS ENTITLED TO STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE.

B-126656, MAR. 13, 1956

TO MR. L. H. KELLER, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 1, 1955, FORWARDED BY THE JUDGE ADVOCATE GENERAL, DEPARTMENT OF THE NAVY, UNDER DATE OF JANUARY 16, 1956, REQUESTING ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT THE PAY ACCOUNT OF DEAN STANLEY LANE, DK1, U.S. NAVY, WITH STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE FOR THE PERIOD SEPTEMBER 15 TO OCTOBER 3, 1953.

IT APPEARS THAT LANE ARRIVED AT HIS NEW PERMANENT STATION IN HAWAII ON SEPTEMBER 15, 1953, AND THAT HE AND HIS THREE DEPENDENTS WERE FURNISHED WITH ONE ROOM BY AN ACQUAINTANCE UNTIL PERMANENT HOUSING WAS OBTAINED ON OCTOBER 4, 1953. IT IS REPORTED THAT NEITHER GOVERNMENT QUARTERS NOR MESSING FACILITIES WERE AVAILABLE, AND HE STATES THAT DUE TO CROWDED CONDITIONS IN THE HOME WHERE HE HAD THE ROOM "IT WAS NECESSARY FOR US TO TAKE A GOOD SHARE OF OUR MEALS AT RESTAURANTS.'

UNDER THE PROVISIONS OF PARAGRAPH 4303-2, JOINT TRAVEL REGULATIONS, A MEMBER OF THE UNIFORMED SERVICES WHO IS INITIALLY ASSIGNED TO A PERMANENT STATION OUTSIDE THE UNITED STATES AND WHO IS ,REQUIRED TO SECURE TEMPORARY LODGINGS" FOR HIMSELF AND HIS DEPENDENTS FOR ANY PERIOD DURING THE FIRST 45 DAYS AFTER HIS ARRIVAL AT THE PLACE, IS ENTITLED TO STATION PER DIEM ALLOWANCE AT THE TRAVEL RATE. WHILE NO STATION PER DIEM RATE WAS FIXED IN THE REGULATIONS FOR DUTY IN THE HAWAII AREA, A RATE OF $9 PER DAY WAS PRESCRIBED FOR TRAVEL IN THAT AREA.

WHILE THE MATTER IS NOT ENTIRELY FREE FROM DOUBT, THE SITUATION HERE INVOLVED IS NOT SUBSTANTIALLY DIFFERENT FROM THAT CONSIDERED INDECISION OF JULY 22, 1952, B-109089, WHERE PER DIEM WAS ALLOWED UNDER THE REGULATION FOR THE PRELIMINARY PERIOD OF A MONTH DURING WHICH THE CLAIMANT AND HIS WIFE OCCUPIED A RENTED ROOM, WITHOUT KITCHEN PRIVILEGES, IN A HOUSE WHICH HE LATER OCCUPIED AS HIS PERMANENT RESIDENCE. HERE, FOR A PERIOD OF LESS THAN THREE WEEKS AFTER ARRIVAL AT THE NEW STATION, THE CLAIMANT AND HIS FAMILY OCCUPIED ONE ROOM AND WERE REQUIRED TO SECURE A SUBSTANTIAL PORTION OF THEIR MEALS AT PUBLIC RESTAURANTS. IN THE CIRCUMSTANCES, IT MAY BE CONCLUDED THAT HIS CASE COMES WITHIN THE REGULATION.

ACCORDINGLY, THE SUBMITTED QUESTION IS ANSWERED IN THE AFFIRMATIVE. THE MILITARY PAY ORDER FORWARDED WITH YOUR LETTER IS RETURNED HEREWITH.