B-129805, JAN 14, 1957
Highlights
FOR ADVANCE DECISION WHETHER CREDIT OF INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF DEPENDENTS IS AUTHORIZED. AIR FORCE FAMILIES WERE EVACUATED FROM KABUL TO KARACHI. HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.". THE DEPENDENTS ARE PREVENTED FROM OCCUPYING QUARTERS. THE PROVISIONS OF LAW QUOTED ABOVE CLEARLY CONTEMPLATE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS IN A SITUATION WHERE DEPENDENTS ARE PREVENTED FROM OCCUPYING QUARTERS ASSIGNED TO THE MEMBER AND SINCE THE FACTS IN THE PRESENT CASE DISCLOSE THAT THE DEPENDENTS OF MAJOR JOHANSON AND MASTER SERGEANT YOUNG WERE ACTUALLY EVACUATED FROM THE STATION WHERE THE QUARTERS WERE AVAILABLE. THEY WERE PREVENTED FROM OCCUPYING THE ASSIGNED QUARTERS AT KABUL FOR THE PERIOD THEY COULD NOT RETURN TO THAT STATION.
B-129805, JAN 14, 1957
PRECIS-UNAVAILABLE
CAPTAIN WESLEY E. THOMAS, FC:
DISBURSING OFFICER
THROUGH CHIEF OF FINANCE
DEPARTMENT OF THE ARMY
BY FIRST INDORSEMENT OF NOVEMBER 15, 1956, THE CHIEF OF FINANCE FORWARDED HERE YOUR LETTER OF AUGUST 12, 1956, SUBMITTING DEPENDENCY CERTIFICATES (DD FORMS 137) EXECUTED BY MAJOR ALF H. JOHANSON, A0666187, AND MASTER SERGEANT ANDREW P. YOUNG, JR., AF-13002468, FOR ADVANCE DECISION WHETHER CREDIT OF INCREASED BASIC ALLOWANCE FOR QUARTERS BECAUSE OF DEPENDENTS IS AUTHORIZED.
IN APPEARS THAT, DUE TO UNSETTLED CONDITIONS IN AFGHANISTAN IN MAY 1955, AIR FORCE FAMILIES WERE EVACUATED FROM KABUL TO KARACHI, PAKISTAN. PURSUANT TO THE PROVISIONS OF SPECIAL ORDERS NO. 19, KABUL, AFGHANISTAN, DATED MAY 11, 1955, THE DEPENDENTS OF MAJOR JOHANSON AND MASTER SERGEANT YOUNG CONTINUED ON TO THE UNITED STATES. SIX (6) DEPENDENTS OF OTHER MEMBERS RETURNED TO KABUL AFTER AN ABSENCE OF ONE MONTH. PRIOR TO THEIR DEPARTURE FROM KABUL, THE MEMBERS AND THEIR DEPENDENTS OCCUPIED GOVERNMENT LEASED QUARTERS. THOSE QUARTERS CONTINUED TO BE OCCUPIED BY THE MEMBERS AFTER THE DEPENDENTS DEPARTED.
SECTION 302(D) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813 (37 U.S.C. 252(D)), PROVIDES:
"(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."
YOUR DOUBT IN THE MATTER APPEARS TO ARISE BECAUSE OF PARAGRAPH 20202E, AFM 173-20, DATED AUGUST 20, 1954, WHICH, AFTER REPEATING THE FOREGOING PROVISION OF LAW, PROVIDES THAT IF, BY REASON OF ORDERS OF COMPETENT AUTHORITY, THE DEPENDENTS ARE PREVENTED FROM OCCUPYING QUARTERS, HE MAY NOT OCCUPY MORE THAN ONE ROOM AND A BATH AT HIS STATION WITHOUT AFFECTING HIS RIGHT TO RECEIVE BASIC ALLOWANCE FOR QUARTERS.
THE PROVISIONS OF LAW QUOTED ABOVE CLEARLY CONTEMPLATE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS IN A SITUATION WHERE DEPENDENTS ARE PREVENTED FROM OCCUPYING QUARTERS ASSIGNED TO THE MEMBER AND SINCE THE FACTS IN THE PRESENT CASE DISCLOSE THAT THE DEPENDENTS OF MAJOR JOHANSON AND MASTER SERGEANT YOUNG WERE ACTUALLY EVACUATED FROM THE STATION WHERE THE QUARTERS WERE AVAILABLE, THEY WERE PREVENTED FROM OCCUPYING THE ASSIGNED QUARTERS AT KABUL FOR THE PERIOD THEY COULD NOT RETURN TO THAT STATION. HOWEVER, IT APPEARS THAT AFTER A PERIOD OF ONE MONTH THE OTHER DEPENDENTS EVACUATED TO KARACHI RETURNED TO THEIR QUARTERS IN KABUL. THUS, IN THE ABSENCE OF EVIDENCE SHOWING THAT ORDERS OF COMPETENT AUTHORITY PREVENTED THE DEPENDENTS OF THE MEMBERS HERE INVOLVED FROM OCCUPYING THE QUARTERS IN KABUL FROM THE DATE THE OTHER DEPENDENTS RETURNED FROM KARACHI, THERE WOULD BE NO BASIS FOR ALLOWANCE OF QUARTERS ALLOWANCE AFTER THE DATE OF SUCH RETURN. COMPARE DECISIONS B-47712, APRIL 20, 1945, AND AUGUST 23, 1945, AND SEE 34 COMP.GEN. 436.
THE DD FORMS 137 WHICH ACCOMPANIED YOUR SUBMISSION ARE RETURNED AND ON THE BASIS OF THE PRESENT RECORD THE MEMBERS MAY BE CREDITED WITH THE ALLOWANCES CLAIMED ONLY FOR THE PERIOD FROM THE DATE OF EVACUATION UNTIL DEPENDENTS COULD RETURN TO KABUL FROM KARACHI.