B-131597, JUL. 3, 1957

B-131597: Jul 3, 1957

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REDDING: REFERENCE IS MADE TO TWO LETTERS DATED APRIL 10. WAS EMPLOYED BY FAR EAST LOGISTIC FORCE. IT IS CONTENDED BY YOU. - THAT PART OF HER COMPENSATION FOR HER CIVILIAN EMPLOYMENT WAS THE RIGHT TO OCCUPY NON- HOUSEKEEPING GOVERNMENT QUARTERS. WHEN YOU WERE RELEASED FROM MILITARY SERVICE. THE RECORDS INDICATE THAT YOU WERE INFORMED. OR (C) BY THE DEPENDENTS OF A MEMBER ON FIELD DUTY OR SEA DUTY AT A STATION WHERE ADEQUATE QUARTERS ARE NOT AVAILABLE FOR HIS DEPENDENTS. SHALL BE DEEMED TO HAVE BEEN "ASSIGNED" TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS. NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

B-131597, JUL. 3, 1957

TO MR. HERBERT M. REDDING:

REFERENCE IS MADE TO TWO LETTERS DATED APRIL 10, 1957, ADDRESSED TO US BY THE CHIEF COUNSEL, DISCHARGE REVIEW, VETERANS OF FOREIGN WARS OF THE UNITED STATES, AT THE ABOVE ADDRESS, CONCERNING THE CLAIM OF THE UNITED STATES AGAINST YOU IN THE AMOUNT OF $1,030.80, REPRESENTING ALLEGED IMPROPER PAYMENT TO YOU OF BASIC ALLOWANCE FOR QUARTERS FOR YOUR DEPENDENT WIFE FOR THE PERIODS FROM OCTOBER 27, 1951, TO APRIL 30, 1952, AT $67.50 A MONTH, AND FROM MAY 1, 1952, TO DECEMBER 31, 1952, AT $77.10 A MONTH.

THE RECORDS ON FILE HERE SHOW THAT YOUR WIFE, MRS. HELEN F. REDDING, WAS EMPLOYED BY FAR EAST LOGISTIC FORCE, APO 323, DURING THE PERIOD FROM OCTOBER 27, 1951, TO NOVEMBER 1, 1953. WHILE NO COPY OF MRS. REDDING'S CONTRACT OF EMPLOYMENT HAS BEEN SUBMITTED, IT IS CONTENDED BY YOU--- AND THE RECORD SEEMS TO SUPPORT THAT CONTENTION--- THAT PART OF HER COMPENSATION FOR HER CIVILIAN EMPLOYMENT WAS THE RIGHT TO OCCUPY NON- HOUSEKEEPING GOVERNMENT QUARTERS.

IT APPEARS, ALSO, THAT DURING THE PERIOD COMMENCING OCTOBER 27, 1951, WHEN YOUR WIFE BEGAN HER CIVILIAN EMPLOYMENT IN JAPAN, TO DECEMBER 31, 1952, WHEN YOU WERE RELEASED FROM MILITARY SERVICE, YOU OCCUPIED TROOP BARRACKS AND RECEIVED BASIC ALLOWANCE FOR QUARTERS PAYMENTS AS INDICATED ABOVE. THE RECORDS INDICATE THAT YOU WERE INFORMED, UPON YOUR ARRIVAL IN JAPAN ON DECEMBER 28, 1951, THAT NO FAMILY-TYPE QUARTERS WOULD BE AVAILABLE FOR ASSIGNMENT TO YOU FOR APPROXIMATELY 10 MONTHS, AND YOU SAY THAT FOR THIS REASON YOUR WIFE CONTINUED, AFTER YOUR ARRIVAL, TO OCCUPY HER CIVILIAN QUARTERS. YOU OCCUPIED TROOP BARRACKS UNTIL DECEMBER 31, 1952.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 252, AS AMENDED BY THE ACT OF MAY 19, 1952, 66 STAT. 79, 37 U.S.C. 232, PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED IN THAT SECTION OR BY ANY OTHER PROVISION OF LAW, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS PROVIDED IN THAT SECTION. THAT SECTION PROVIDES, ALSO, THAT, 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, AND THAT THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THE SECTION. EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, 16 F.R. 417, PROMULGATED PURSUANT TO SECTION 302 PROVIDES, IN PERTINENT PART, THAT ANY "QUARTERS OR HOUSING FACILITIES" IN FACT ,OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES" (A) BY A MEMBER AND HIS DEPENDENTS, OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, OR (C) BY THE DEPENDENTS OF A MEMBER ON FIELD DUTY OR SEA DUTY AT A STATION WHERE ADEQUATE QUARTERS ARE NOT AVAILABLE FOR HIS DEPENDENTS, SHALL BE DEEMED TO HAVE BEEN "ASSIGNED" TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

THERE IS FOR CONSIDERATION, ALSO, SECTION 3 OF THE ACT OF MARCH 5, 1928, 45 STAT. 193, 5 U.S.C. 75A, WHICH AUTHORIZES THE HEAD OF A DEPARTMENT OR INDEPENDENT ESTABLISHMENT TO FURNISH QUARTERS AND OTHER ALLOWANCES TO CIVILIANS EMPLOYED IN THE FIELD SERVICE, THE REASONABLE VALUE OF SUCH ALLOWANCES TO BE DETERMINED AND CONSIDERED AS PART OF THE COMPENSATION IN FIXING THE SALARY OF SUCH CIVILIAN. UNDER THAT LAW THE VALUE OF THE QUARTERS FURNISHED MRS. REDDING SHOULD BE CONSIDERED A PART OF THE COMPENSATION FOR HER CIVILIAN EMPLOYMENT. VIEWED IN THAT LIGHT PART OF HER COMPENSATION WAS PAID FOR THE USE OF THE QUARTERS SHE OCCUPIED. THOSE QUARTERS WERE NOT DESIGNATED FOR ASSIGNMENT TO AND OCCUPANCY WITHOUT CHARGE BY MILITARY PERSONNEL AND THEIR DEPENDENTS WITHIN THE PURVIEW OF THE ACT OF JULY 2, 1945, 59 STAT. 316, 37 U.S.C. 111A, AND NEITHER WERE THEY "OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES" WITHIN THE MEANING OF EXECUTIVE ORDER NO. 10204. HENCE, THOSE QUARTERS WERE NOT "ASSIGNED" TO YOU WITHIN THE TERMS OF THAT ORDER AND SECTION 302 OF THE CAREER COMPENSATION ACT. IT IS OUR VIEW, THEREFORE, THAT THE OCCUPANCY OF SUCH QUARTERS BY MRS. REDDING DID NOT AFFECT YOUR RIGHT TO BASIC ALLOWANCE FOR QUARTERS.