B-131836, MAY 26, 1964, 43 COMP. GEN. 748
Highlights
EFFECT MEMBERS OF THE COAST GUARD WHO ARE ASSIGNED TO ISOLATED DUTY STATIONS (LIGHTHOUSES. SUCH MEMBERS ARE NOT ENTITLED TO FAMILY SEPARATION ALLOWANCES PAYMENTS. A COAST GUARD MEMBER WHO IS ASSIGNED TO DUTY ABOARD A VESSEL AWAY FROM ITS HOME PORT FOR A SHORT PERIOD OF 30 DAYS OR LESS FOLLOWED BY A PERIOD OF COMPENSATORY ABSENCE WHEN HE RETURNS TO LIVE WITH DEPENDENTS BUT THE VESSEL REMAINS AWAY FROM THE HOME PORT MAY NOT BE REGARDED AS SERVING ON BOARD A VESSEL DURING SUCH ABSENCE TO BE QUALIFIED FOR A FAMILY SEPARATION ALLOWANCE PAYMENT UNDER 37 U.S.C. 427 (B) (2). IF SUCH COMPENSATORY ABSENCE WAS GRANTED AFTER THE 30-DAY QUALIFYING PERIOD. THE ABSENCE WOULD TERMINATE THE MEMBER'S ENTITLEMENT TO THE FAMILY SEPARATION ALLOWANCE PAYMENT AND AFTER RETURN TO THE VESSEL THE MEMBER WOULD HAVE TO AGAIN SERVE THE REQUIRED PERIOD TO QUALIFY FOR THE ALLOWANCE.
B-131836, MAY 26, 1964, 43 COMP. GEN. 748
FAMILY ALLOWANCES - SEPARATION - TYPE 2 - ISOLATED DUTY STATIONS. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - COMPENSATORY ABSENCE. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - LEAVE. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - TEMPORARY DUTY. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - HOSPITALIZATION, ETC., EFFECT. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - COMPENSATORY ABSENCE. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - TEMPORARY DUTY. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - HOSPITALIZATION, ETC., EFFECT MEMBERS OF THE COAST GUARD WHO ARE ASSIGNED TO ISOLATED DUTY STATIONS (LIGHTHOUSES, LIGHTSHIPS, TEXAS-TYPE TOWERS, ETC.) AND WHO, UNDER THE COMPENSATORY ABSENCE PRIVILEGES IN 14 U.S.C. 511, REJOIN THEIR DEPENDENTS AT LEAST ONE FULL WEEK EACH MONTH AT A PLACE NEARBY THE DUTY STATION WHERE THE DEPENDENTS HAD BEEN TRANSPORTED AT GOVERNMENT EXPENSE MAY NOT BE REGARDED AS IN AN ENFORCED SEPARATION STATUS FROM THEIR DEPENDENTS FOR AN EXTENDED PERIOD WITHIN THE MEANING OF THE FAMILY SEPARATION ALLOWANCE PROVISIONS IN 37 U.S.C. 427 (B), EVEN THOUGH THE NATURE OF THE DUTY ASSIGNMENT AND THE UNAVAILABILITY OF TRANSPORTATION PRECLUDE DAILY COMMUTING BETWEEN HOME AND DUTY STATION, AND THEREFORE, SUCH MEMBERS ARE NOT ENTITLED TO FAMILY SEPARATION ALLOWANCES PAYMENTS. A COAST GUARD MEMBER WHO IS ASSIGNED TO DUTY ABOARD A VESSEL AWAY FROM ITS HOME PORT FOR A SHORT PERIOD OF 30 DAYS OR LESS FOLLOWED BY A PERIOD OF COMPENSATORY ABSENCE WHEN HE RETURNS TO LIVE WITH DEPENDENTS BUT THE VESSEL REMAINS AWAY FROM THE HOME PORT MAY NOT BE REGARDED AS SERVING ON BOARD A VESSEL DURING SUCH ABSENCE TO BE QUALIFIED FOR A FAMILY SEPARATION ALLOWANCE PAYMENT UNDER 37 U.S.C. 427 (B) (2), AND IF SUCH COMPENSATORY ABSENCE WAS GRANTED AFTER THE 30-DAY QUALIFYING PERIOD, THE ABSENCE WOULD TERMINATE THE MEMBER'S ENTITLEMENT TO THE FAMILY SEPARATION ALLOWANCE PAYMENT AND AFTER RETURN TO THE VESSEL THE MEMBER WOULD HAVE TO AGAIN SERVE THE REQUIRED PERIOD TO QUALIFY FOR THE ALLOWANCE. A COAST GUARD MEMBER WHO, WHILE SERVING ON BOARD SHIP AND ENTITLED TO FAMILY SEPARATION ALLOWANCE, RETURNS TO THE HOME PORT OR PLACE WHERE HIS DEPENDENTS RESIDE FOR A PERIOD OF LEAVE, WOULD CONTINUE TO BE ENTITLED TO A FAMILY ALLOWANCE DURING THE LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES DURING THE LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES ON THE BASIS THAT AUTHORIZED LEAVE IS A STATUTORY RIGHT, BUT IF THE MEMBER IS GRANTED A COMPENSATORY ABSENCE, WHICH IS A STATUTORY PRIVILEGE, AND UNDER REGULATIONS MUST BE USED FIRST WHEN AUTHORIZED WITH LEAVE, SUCH COMPENSATORY ABSENCE WOULD TERMINATE THE MEMBER'S ENTITLEMENT TO FAMILY SEPARATION ALLOWANCE PAYMENTS AND THE MEMBER WOULD NOT BE ENTITLED TO THE ALLOWANCE FOR THE FOLLOWING PERIOD OF LEAVE FROM THE VESSEL. A COAST GUARD MEMBER WHO, WHILE ASSIGNED TO A VESSEL AWAY FROM HOME PORT AND ENTITLED TO A FAMILY SEPARATION ALLOWANCE, IS ORDERED TO TEMPORARY DUTY FOR A PERIOD OF MORE THAN 30 DAYS AT A LOCATION WHICH PERMITS HIM TO RESIDE WITH HIS DEPENDENTS DURING SUCH ASSIGNMENT MUST HAVE HIS ENTITLEMENT TO THE FAMILY SEPARATION ALLOWANCE SUSPENDED DURING THE TEMPORARY DUTY PERIOD. A COAST GUARD MEMBER WHO, WHILE ENTITLED TO A FAMILY SEPARATION ALLOWANCE FOR DUTY ON A VESSEL AWAY FROM ITS HOME PORT, IS HOSPITALIZED MAY BE REGARDED AS IN AN ENFORCED SEPARATION STATUS WHILE THE VESSEL REMAINS AWAY FROM THE HOME PORT FOR CONTINUATION OF THE FAMILY SEPARATION ALLOWANCE, BUT IF THE MEMBER IS ASSIGNED OR ATTACHED FOR A PERIOD OF MORE THAN 30 DAYS TO A HOSPITAL NEAR THE RESIDENCE OF HIS DEPENDENTS, AND THE CIRCUMSTANCES PERMIT HIM TO RESIDE WITH HIS DEPENDENTS DURING THE PERIOD, THE MEMBER'S ENTITLEMENT TO THE FAMILY ALLOWANCE WOULD BE SUSPENDED. A COAST GUARD MEMBER WHO IS GRANTED COMPENSATORY ABSENCE BEFORE COMPLETING THE REQUIRED PERIOD OF DUTY OF MORE THAN 30 DAYS ON BOARD A VESSEL AWAY FROM ITS HOME PORT WOULD NOT QUALIFY FOR THE FAMILY SEPARATION ALLOWANCE UNTIL HE RETURNS TO THE VESSEL AND THEREAFTER SERVES THE REQUIRED PERIOD OF MORE THAN 30 DAYS, BUT, IF THE MEMBER IS GRANTED LEAVE BEFORE COMPLETING THE REQUIRED DUTY, HE WOULD BE ENTITLED TO HAVE THE PERIOD OF LEAVE, FOR WHICH HE RECEIVES PAY AND ALLOWANCES, INCLUDED IN COMPUTATION OF THE QUALIFYING PERIOD PROVIDED THAT THE VESSEL CONTINUES AWAY FROM ITS HOME PORT, AND WHEN THE 30-DAY PERIOD IS COMPLETED HE WOULD BE ENTITLED TO THE FAMILY SEPARATION ALLOWANCE. A COAST GUARD MEMBER WHO, BEFORE COMPLETING THE 30-DAY QUALIFYING PERIOD FOR FAMILY SEPARATION ALLOWANCE ON ACCOUNT OF DUTY ON A VESSEL AWAY FROM ITS HOME PORT, IS ASSIGNED TO TEMPORARY DUTY OR IS HOSPITALIZED AT A PLACE WHERE HE RESIDES WITH HIS DEPENDENTS FOR 30 DAYS OR LESS MAY HAVE SUCH RESIDENCE WITH HIS DEPENDENTS REGARDED AS IN THE NATURE OF A SOCIAL VISIT OF A TEMPORARY SORT AND THE PERIOD OF DUTY OR HOSPITALIZATION WOULD BE PROPER FOR INCLUSION IN THE QUALIFYING PERIOD FOR ENTITLEMENT TO THE FAMILY SEPARATION ALLOWANCE. A COAST GUARD MEMBER WHO, BEFORE COMPLETING THE 30-DAY QUALIFYING PERIOD FOR FAMILY SEPARATION ALLOWANCE ON ACCOUNT OF DUTY ON A VESSEL AWAY FROM ITS HOME PORT, IS ASSIGNED TO TEMPORARY DUTY OR HOSPITALIZATION AT A PLACE WHERE HE RESIDES WITH HIS DEPENDENTS FOR MORE THAN 30 DAYS MUST BE CONSIDERED AS RESIDING WITH HIS DEPENDENTS ON SUBSTANTIALLY THE SAME BASIS AS IF HE WERE ASSIGNED ASHORE AT SUCH LOCATION AND, THEREFORE, THE MEMBER COULD NOT HAVE THE PERIOD COUNTED FOR PURPOSES OF QUALIFYING FOR THE ALLOWANCE AND HE WOULD NOT BECOME ENTITLED TO THE ALLOWANCE UNTIL HE RETURNS TO THE VESSEL AND SERVES FOR MORE THAN 30 DAYS.
TO THE SECRETARY OF THE TREASURY, MAY 26, 1964:
REFERENCE IS MADE TO LETTER OF FEBRUARY 17, 1964, FROM THE ASSISTANT SECRETARY, REQUESTING A DECISION ON FIVE QUESTIONS CONCERNING THE THE ENTITLEMENT OF COAST GUARD MEMBERS TO PAYMENT OF FAMILY SEPARATION ALLOWANCES PURSUANT TO THE PROVISIONS OF 37 U.S.C. 427 (B) UNDER CIRCUMSTANCES SET FORTH AND DISCUSSED IN AN ACCOMPANYING MEMORANDUM. THE FIRST TWO QUESTIONS ARE AS FOLLOWS:
A. MAY A MEMBER IN AN APPROPRIATE PAY GRADE WHO HAS DEPENDENTS BE CREDITED WITH A FAMILY SEPARATION ALLOWANCE UNDER THE AUTHORITY CONTAINED IN SECTION 427 (B) OF TITLE 37 FOR THE PERIOD THAT THE MEMBER IS PERMANENTLY ASSIGNED TO AN ISOLATED POST OF DUTY NOTWITHSTANDING THAT HIS DEPENDENTS MAY HAVE MOVED AT ISOLATED POST OF DUTY NOTWITHSTANDING THAT HIS DEPENDENTS MAY HAVE MOVED AT GOVERNMENT EXPENSE TO THE GENERAL AREA IN WHICH THE ISOLATED UNIT IS LOCATED?
B. IF AFFIRMATIVE, MAY THE MEMBER CONTINUE TO BE PAID THE ALLOWANCE FOR PERIODS HE IS ON COMPENSATORY ABSENCE GRANTED UNDER THE AUTHORITY OF 14 U.S.C. 511 AS WELL AS FOR PERIODS THAT HE MAY BE ON TEMPORARY DUTY, HOSPITALIZED, OR IS ON AUTHORIZED LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE SECOND SENTENCE OF 37 U.S.C. 502 (A/?
IT IS STATED IN THE SUPPORTING MEMORANDUM THAT THE COAST GUARD MAINTAINS MANY ISOLATED STATIONS SUCH AS LIGHTHOUSES AND OTHER AIDS TO NAVIGATION UNITS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES AND OVERSEAS WHICH ARE LOCATED ON ISLANDS AND OFF-SHORE TEXAS-TYPE TOWERS, AND THAT CONDITIONS OF DUTY AT THESE UNITS RESULT IN THE CONFINEMENT OF THE MEMBER TO THE UNIT BECAUSE OF ITS ISOLATION OR THE REQUIREMENT FOR LONG PERIODS OF CONTINUOUS DUTY. IT IS SAID THAT THE CONGRESS IN RECOGNITION OF SUCH CONDITIONS ENACTED LEGISLATION, CODIFIED IN 14 U.S.C. 511, WHICH AUTHORIZES THE GRANTING OF COMPENSATORY ABSENCE TO MEMBERS UNDER ADMINISTRATIVE REGULATIONS (NOT EMBODIED IN SECTION 7-B OF THE COAST GUARD PERSONNEL MANUAL). IT IS FURTHER STATED IN THE MEMORANDUM THAT WHILE THESE UNITS HAVE BEEN CONSIDERED ISOLATED BECAUSE THEY ARE PHYSICALLY LOCATED AT PLACES WHERE ACCESSIBILITY THERETO IS DIFFICULT OR THEY ARE REMOTELY LOCATED AWAY FROM TOWN OR CITIES HAVING USUAL PLACES OF RECREATION, STORES, HOMES AND OTHER RELATED FACILITIES WHICH ARE COMMON TO NORMAL LIVING ARRANGEMENTS, THEY HAVE NOT BEEN DESIGNATED AS BEING IN A RESTRICTED AREA WITHIN THE PURVIEW OF PARAGRAPH 1150-17 OF THE JOINT TRAVEL REGULATIONS AND, THEREFORE, TRANSPORTATION OF DEPENDENTS MAY BE AUTHORIZED TO BE PERFORMED INTO THE GENERAL AREA OF THE UNIT AT GOVERNMENT EXPENSE WHEN CIVILIAN HOUSING CAN BE LOCATED. ADDITIONALLY IT IS SAID THAT IT IS LIKELY THAT THE DEPENDENTS MAY LOCATE WITHIN 50 MILES FROM THE MEMBER'S DUTY STATION, BUT SINCE THE MEMBER IS PRECLUDED FROM COMMUTING TO HIS HOME ON A DAILY BASIS BECAUSE OF THE NATURE OF HIS DUTY ASSIGNMENT AND THE UNAVAILABILITY OF TRANSPORTATION, THERE EXISTS AN ENFORCED SEPARATION OF THE MEMBER FROM HIS FAMILY FOR AN EXTENDED PERIOD OF TIME.
SUBSECTION 427 (B), TITLE 37, U.C. CODE, PROVIDES AS FOLLOWS:
(B) EXCEPT IN TIME OF WAR OR OF NATIONAL EMERGENCY HEREAFTER DECLARED BY CONGRESS, AND IN ADDITION TO ANY ALLOWANCE OR PER DIEM TO WHICH HE OTHERWISE MAY BE ENTITLED UNDER THIS TITLE, INCLUDING SUBSECTION (A) OF THIS SECTION, A MEMBER OF A UNIFORMED SERVICE WITH DEPENDENTS (OTHER THAN A MEMBER IN PAY GRADE E-1, E-2, E-3, OR E-4 (4 YEARS' OR LESS SERVICE) ( WHO IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS IS ENTITLED TO A MONTHLY ALLOWANCE EQUAL TO $30 IF---
(1) THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION IS NOT AUTHORIZED AT THE EXPENSE OF THE UNITED STATES UNDER SECTION 406 OF THIS TITLE AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION;
(2) HE IS ON DUTY ON BOARD A SHIP AWAY FROM THE HOME PORT OF THE SHIP FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS; OR
(3) HE IS ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR HIS TEMPORARY DUTY STATION. A MEMBER WHO BECOMES ENTITLED TO AN ALLOWANCE UNDER THIS SUBSECTION BY VIRTUE OF DUTY DESCRIBED IN CLAUSE (2) OR (3) FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS IS ENTITLED TO THE ALLOWANCE EFFECTIVE AS OF THE FIRST DAY OF THAT PERIOD.
IT IS CLEAR THAT UNDER CLAUSE (1) OF THE ABOVE PROVISION OF LAW THE ELIGIBILITY OF A MEMBER, IF OTHERWISE ENTITLED, TO THE FAMILY SEPARATION ALLOWANCE IS CONDITIONAL UPON A SHOWING THAT HIS DEPENDENTS DO NOT RESIDE AT OR NEAR HIS PERMANENT DUTY STATION AND THAT THEIR MOVEMENT TO OR NEAR SUCH STATION WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE. SINCE THESE ISOLATED POSTS OF DUTY ARE NOT REGARDED AS RESTRICTED STATIONS, THERE APPARENTLY IS NO ADMINISTRATIVE RESTRICTION ON THE TRANSPORTATION OF THE DEPENDENTS TO THE VICINITY OF THE MEMBER'S DUTY STATION IF HE IS OTHERWISE ELIGIBLE FOR THEIR TRANSPORTATION. IT IS SAID THAT THE DEPENDENTS MAY ACTUALLY LOCATE WITHIN A DISTANCE OF 50 MILES OF THE MEMBER'S STATION AND THERE IS NO SHOWING THAT IT IS NOT POSSIBLE FOR THE DEPENDENTS TO LOCATE WITHIN SUCH A DISTANCE OF ANY OF THE STATIONS CONCERNED. IN OUR ANSWER TO QUESTION 26 ON PAGE 22 OF OUR DECISION OF OCTOBER 9, 1963, B-131836, 43 COMP. GEN. 332, WE HELD THAT IF THE DEPENDENTS OF A MEMBER DO NOT RESIDE WITHIN A REASONABLE DAILY COMMUTING DISTANCE OF HIS DUTY STATION FOR WHICH ASSIGNMENT THE ALLOWANCE IS CLAIMED, 50 MILES BEING CONSIDERED THE MAXIMUM ONE-WAY DISTANCE FOR THIS PURPOSE EXCEPT WHERE THE MEMBER ACTUALLY COMMUTES A GREATER DISTANCE DAILY, IT MAY BE CONSIDERED THAT THE DEPENDENTS DO NOT RESIDE AT OR NEAR HIS STATION FOR THE PURPOSES OF CLAUSES (1) AND (3) OF SECTION 427 (B). THE DECISION, HOWEVER, DID NOT CONSIDER DUTY ASSIGNMENTS WHICH BECAUSE OF THE NATURE OF THEIR LOCATION PRECLUDE DAILY COMMUTING EVEN THOUGH THE DEPENDENTS DO NOT LIVE MORE THAN 50 MILES AWAY AND IT APPEARS TO BE THE ADMINISTRATIVE VIEW THAT SUCH A RATE SHOULD NOT BE APPLICABLE IN THESE CIRCUMSTANCES.
IT IS OUR UNDERSTANDING THAT, GENERALLY, MEMBERS OF THE COAST GUARD PERMANENTLY ASSIGNED TO ISOLATED UNITS OR STATIONS ARE REQUIRED TO SERVE AT THEIR STATIONS FOR CONTINUOUS SHORT PERIODS NOT EXCEEDING 21 DAYS EACH FOLLOWED BY AN INTERVAL OF COMPENSATORY ABSENCE NOT EXCEEDING 7 DAYS. THE STATUTORY AUTHORITY FOR GRANTING SUCH ABSENCE IS SET FORTH IN SECTION 511, TITLE 14, U.S. CODE, AS FOLLOWS:
COMPENSATORY ABSENCE OF MILITARY PERSONNEL AT ISOLATED AIDS TO NAVIGATION.
THE HEAD OF THE DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING, UNDER REGULATIONS PRESCRIBED BY HIM, MAY GRANT COMPENSATORY ABSENCE FROM DUTY TO MILITARY PERSONNEL OF THE COAST GUARD SERVING IN LIGHTSHIPS AND AT LIGHTHOUSES AND OTHER ISOLATED AIDS TO NAVIGATION OF THE COAST GUARD WHEN CONDITIONS OF DUTY RESULT IN CONFINEMENT BECAUSE OF ISOLATION OR IN LONG PERIODS OF CONTINUOUS DUTY.
PARAGRAPH 7-B-11 OF THE COAST GUARD PERSONNEL MANUAL STATES THAT COMPENSATORY ABSENCE IS A FORM OF LIBERTY GRANTED TO PERSONNEL ON LIGHTSHIPS AND AT LIGHTHOUSES AND OTHER ISOLATED AIDS TO NAVIGATION, AND PARAGRAPH 7-B-12 STATES THAT COMPENSATORY ABSENCE IS NOT RIGHT TO ANY INDIVIDUAL BUT IS AUTHORIZED FOR THE PURPOSE OF MAINTAINING THE EFFICIENCY OF THE SERVICE BY PROVIDING A METHOD OF COMPENSATING ANY INDIVIDUAL FOR NORMAL LIBERTIES LOST THROUGH SERVING AT ISOLATED UNITS. SEE IN THIS CONNECTION S.REPT.NO. 1068, TO ACCOMPANY S. 2566, WHICH WAS ENACTED AS PUBLIC LAW 290, 69 STAT. 577, 14 U.S.C. 511. ON PAGES 3 AND 4 OF THE REPORT AN EXPLANATION IS GIVEN AS FOLLOWS:
"COMPENSATORY ABSENCE" WAS DEVISED TO PERMIT SUCH PERSONS TO MAKE UP, IN PART, AT LEAST, FOR NORMAL LIBERTIES SO LOST. IT AMOUNTS TO A LUMPING TOGETHER OF SEVERAL LIBERTIES INTO A MORE EXTENDED ABSENCE, OF SUFFICIENT LENGTH TO ENABLE THE PERSON CONCERNED TO VISIT THE NEAREST CENTER OF RECREATION, SHOPPING, ETC., FOR A REASONABLE PERIOD. * * *.
ALSO, PARAGRAPH 7-B-13 OF THE PERSONNEL MANUAL PERMITS MEMBERS SERVING ON LIGHTSHIPS OR ISOLATED AIDS TO NAVIGATION SHORE UNITS WITHIN CONTINENTAL UNITED STATES TO BE GRANTED AS MUCH AS 121 DAYS OF COMPENSATORY ABSENCE PER YEAR, THAT IS, FOR EVERY 14 DAYS ACTUALLY SERVED ON BAORD A LIGHTSHIP OR ISOLATED SHORE UNIT THERE ACCRUES NOT MORE THAN 7 DAYS COMPENSATORY ABSENCE.
UNDER THESE PROVISIONS IT IS EVIDENT THAT, GENERALLY, FOR AT LEAST ONE FULL WEEK OF EACH MONTH OF THEIR ASSIGNMENT, THESE MEMBERS CAN REJOIN THEIR DEPENDENTS WHO WERE AUTHORIZED TO MOVE AT GOVERNMENT EXPENSE TO THE AREA IN WHICH THE ISOLATED DUTY STATION IS LOCATED. IN THESE CIRCUMSTANCES IT IS OUR VIEW THAT THERE IS NOT AN ENFORCED SEPARATION OF THE MEMBER AND HIS FAMILY FOR AN EXTENDED PERIOD OF TIME WITHIN THE CONTEMPLATION OF SECTION 427 (B) SO AS TO ENTITLE HIM TO FAMILY SEPARATION ALLOWANCE. ACCORDINGLY, QUESTION A IS ANSWERED IN THE NEGATIVE, THUS OBVIATING ANY ANSWER TO QUESTION B.
THE REMAINING QUESTIONS ARE AS FOLLOWS:
C. MAY A MEMBER OTHERWISE ENTITLED TO A FAMILY SEPARATION ALLOWANCE WHO IS PERMANENTLY ASSIGNED TO A SHIP CONTINUE TO RECEIVE SUCH ALLOWANCE WHILE THE SHIP IS AWAY FROM ITS HOME PORT FOR MORE THAN THIRTY DAYS AND THE MEMBER RETURNS TO THE HOME PORT OR TO THE RESIDENCE MAINTAINED FOR HIS DEPENDENTS WHILE HE IS ON COMPENSATORY ABSENCE, ON TEMPORARY DUTY, HOSPITALIZED, OR IS ON AUTHORIZED LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE SECOND SENTENCE OF 37 U.S.C. 502 (A/?
D. WOULD YOUR ANSWER TO (C) ABOVE BE THE SAME REGARDLESS OF WHETHER THE AUTHORIZED ABSENCE OF THE MEMBER OCCURRED DURING OR AFTER THE INITIAL THIRTY DAY QUALIFICATION PERIOD?
E. IF YOUR ANSWER TO (C) ABOVE IS IN THE NEGATIVE, WOULD SUCH AUTHORIZED ABSENCE OF THE MEMBER MERELY SUSPEND ENTITLEMENT TO FAMILY SEPARATION ALLOWANCE FOR THE PERIOD OF SUCH ABSENCE OR WOULD IT IN FACT TERMINATE ENTITLEMENT THEREBY REQUIRING A NEW QUALIFICATION PERIOD AFTER RETURN OF THE MEMBER FROM SUCH ABSENCE?
QUESTION C, EXCEPT FOR THE ITEM OF COMPENSATORY ABSENCE, IS SIMILAR TO QUESTION 7 APPEARING ON PAGE 8 OF OUR DECISION OF OCTOBER 9, 1963. ANSWERED THAT QUESTION BY SAYING THAT THE MEMBER WOULD BE ENTITLED TO THE FAMILY SEPARATION ALLOWANCE DURING PERIODS OF TEMPORARY DUTY, SHORE PATROL DUTIES, HOSPITALIZATION ASHORE WHILE THE SHIP REMAINS AWAY FROM ITS HOME PORT, AND WHILE HE IS ON AUTHORIZED LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE SECOND SENTENCE OF 37 U.S.C. 502 (A). THAT QUESTION, HOWEVER, DID NOT PRESENT SITUATIONS WHERE THE MEMBER WHILE ON SUCH AUTHORIZED LEAVE OR OTHER AUTHORIZED ABSENCE FROM THE SHIP RETURNS TO THE HOME PORT OF THE SHIP OR TO THE RESIDENCE MAINTAINED BY HIM ELSEWHERE FOR HIS DEPENDENTS.
AS INDICATED ABOVE, COMPENSATORY ABSENCE AMOUNTS TO A LUMPING TOGETHER OF SEVERAL LIBERTIES SO AS TO MAKE UP FOR THE LIBERTIES LOST BY REASON OF CONTINUOUS SERVICE AT AN ISOLATED STATION OR ABOARD SHIP. THEREFORE, IT IS OUR VIEW THAT A MEMBER OF THE COAST GUARD WHO SERVES ABOARD A SHIP FOR A SHORT PERIOD OF 30 DAYS OR LESS FOLLOWED BY A PERIOD OF COMPENSATORY ABSENCE FROM THE SHIP WHILE IT REMAINS AWAY FROM ITS HOME PORT MAY NOT BE REGARDED AS SERVING ON DUTY ABOARD THE SHIP DURING SUCH ABSENCE, ON OF THE REASONS FOR AUTHORIZING THE ABSENCE BEING TO PERMIT THE MEMBER TO RETURN TO HIS FAMILY. HIS STATUS IS SUBSTANTIALLY THE SAME AS IF THE VESSEL HAD RETURNED TO ITS HOME PORT. THUS, A MEMBER WHO DOES NOT COMPLETE THE REQUIRED SERVICE OF MORE THAN 30 DAYS BEFORE BEING GRANTED COMPENSATORY ABSENCE WOULD NOT BECOME ENTITLED TO AN ALLOWANCE UNDER SECTION 427 (B) (2). IF SUCH ABSENCE IS GRANTED AFTER COMPLETING THE REQUIRED PERIOD OF SERVICE, IT WOULD TERMINATE THE MEMBER'S ENTITLEMENT AND IT WOULD BE NECESSARY FOR HIM TO RETURN TO THE VESSEL AND THEREAFTER SERVE THE REQUIRED PERIOD IN ORDER TO AGAIN QUALIFY FOR THE ALLOWANCE.
WHILE THE ADMINISTRATIVE REGULATIONS TREAT COMPENSATORY ABSENCE AS A FORM OF LIBERTY--- A STATUTORY PRIVILEGE--- THE ACCRUAL OF LEAVE BY MEMBERS OF THE ARMED FORCES IS A STATUTORY RIGHT AND 37 U.S.C. 502 (A) PROVIDES THAT A MEMBER WHILE ON AUTHORIZED LEAVE
* * * IS ENTITLED TO THE SAME PAY AND ALLOWANCES TO WHILE HE WOULD BE ENTITLED IF HE WERE NOT ON LEAVE, AND TO ANY ADDITIONAL ALLOWANCES OTHERWISE PROVIDED BY LAW FOR MEMBERS ON LEAVE.
IN VIEW OF SUCH STATUTORY RIGHT, IT IS OUR VIEW THAT A MEMBER SERVING ON BOARD SHIP AND OTHERWISE ENTITLED TO RECEIVE THE FAMILY SEPARATION ALLOWANCE WOULD CONTINUE TO BE ENTITLED TO THE ALLOWANCE WHILE ON AUTHORIZED LEAVE NOT IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO PAY AND ALLOWANCES EVEN THOUGH HE RETURNS TO THE HOME PORT OR THE PLACE WHERE HIS DEPENDENTS RESIDE. IN THIS CONNECTION, IT IS NOTED THAT PARAGRAPH 7-B-14 OF THE COAST GUARD PERSONNEL MANUAL PROVIDES THAT DISTRICT COMMANDERS MAY, AT THEIR DISCRETION, AUTHORIZE PERSONNEL TO TAKE LEAVE AND COMPENSATORY ABSENCES CONSECUTIVELY. IN VIEW OF THE RESTRICTIONS ON THE ACCUMULATION OF COMPENSATORY ABSENCE IT WILL BE ASSUMED THAT IT IS TO BE USED FIRST WHEN AUTHORIZED CONSECUTIVELY WITH LEAVE. A GRANT OF COMPENSATORY ABSENCE, THEREFORE, WOULD TERMINATE THE MEMBER'S ENTITLEMENT AND HE WOULD NOT BE ENTITLED TO THE ALLOWANCE FOR THE FOLLOWING PERIOD WHILE ON LEAVE AWAY FROM THE VESSEL. IN OUR DECISION OF JANUARY 30, 1964, B-131836, 43 COMP. GEN. 527, WE CONSIDERED THE CASE OF A MEMBER ASSIGNED TO A VESSEL AWAY FROM ITS HOME PORT FOR A PERIOD OF MORE THAN 30 DAYS, BUT AT ANOTHER PORT UNDERGOING REPAIRS. THE MEMBER'S DEPENDENTS RESIDED IN THE VICINITY OF SUCH PORT WHERE THE VESSEL WAS LOCATED. IT WAS THERE STATED---
ACCORDINGLY, WHILE THE GENERAL RULE IS THAT PAYMENT OF THE $30 ALLOWANCE UNDER CLAUSE (2) IS AUTHORIZED DURING ANY ABSENCE OF THE MEMBER'S SHIP FROM ITS HOME PORT FOR THE PRESCRIBED PERIOD, WE BELIEVE THAT, TO BE CONSISTENT WITH THE PLAIN INTENT OF THE LAW, SUCH GENERAL RULE MUST BE CONSIDERED SUBJECT TO THE QUALIFICATION THAT THE MEMBER IS NOT ENTITLED TO SUCH ALLOWANCE DURING PERIODS (EXCLUSIVE OF ANY MERE VISIT OF 30 DAYS OR LESS) WHEN, NOTWITHSTANDING HIS ASSIGNMENT TO DUTY ON BOARD SHIP, HE IS NOT ACTUALLY SEPARATED FROM HIS DEPENDENTS BUT LIVES WITH THEM ON SUBSTANTIALLY THE SAME BASIS AS HE WOULD IF HE WERE ASSIGNED ASHORE AT THE APPROXIMATE LOCATION OF HIS SHIP. * * *
IN LINE WITH THE ABOVE DECISION, IF A MEMBER OTHERWISE ENTITLED TO A FAMILY SEPARATION ALLOWANCE BY REASON OF HIS ASSIGNMENT TO A SHIP IS ASSIGNED ON TEMPORARY DUTY FOR A PERIOD OF MORE THAN 30 DAYS AT A LOCATION WHICH PERMITS HIM TO RESIDE WITH HIS DEPENDENTS DURING SUCH ASSIGNMENT HIS ENTITLEMENT TO THE ALLOWANCE WOULD BE SUSPENDED DURING THAT PERIOD.
GENERALLY, A MEMBER WHO IS ENTITLED TO A FAMILY SEPARATION ALLOWANCE BY REASON OF HIS ASSIGNMENT TO A VESSEL AWAY FROM ITS HOME PORT IS ENTITLED TO CONTINUE TO RECEIVE THE ALLOWANCE WHILE HE IS HOSPITALIZED AND WHILE THE VESSEL REMAINS AWAY FROM THE HOME PORT SINCE THE ENFORCED SEPARATION NORMALLY CONTINUES DURING SUCH PERIOD. IF, HOWEVER, A MEMBER ASSIGNED TO A VESSEL AND OTHERWISE ENTITLED TO THE ALLOWANCE IS TEMPORARILY ASSIGNED OR ATTACHED FOR A PERIOD OF MORE THAN 30 DAYS TO A HOSPITAL NEAR THE RESIDENCE OF HIS DEPENDENTS AND CIRCUMSTANCES ARE SUCH THAT HE IS PERMITTED TO RESIDE WITH THEM DURING SUCH PERIOD, HIS ENTITLEMENT TO THE ALLOWANCE WOULD BE SUSPENDED FOR THAT PERIOD. QUESTION C IS ANSWERED ACCORDINGLY.
IN ANSWER TO QUESTION D, AS INDICATED ABOVE, IF A MEMBER IS GRANTED COMPENSATORY ABSENCE BEFORE COMPLETING THE REQUIRED PERIOD OF DUTY OF MORE THAN 30 DAYS, HE WOULD NOT QUALIFY FOR THE ALLOWANCE UNTIL HE AGAIN RETURNS TO THE VESSEL AND THEREAFTER SERVES THE REQUIRED PERIOD OF MORE THAN 30 DAYS. WHILE CLAUSE (2) PROVIDES THAT THE MEMBER BE ON DUTY ON BOARD A SHIP AWAY FROM ITS HOME PORT FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS IN ORDER TO BE ENTITLED TO THE ALLOWANCE, SINCE THE LEAVE LAW PROVIDES THAT A MEMBER WHILE ON AUTHORIZED LEAVE IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS IF HE WERE NOT ON LEAVE, IT IS OUR VIEW THAT A MEMBER SERVING ON DUTY ON BOARD A VESSEL AWAY FROM ITS HOME PORT WHO IS GRANTED LEAVE BEFORE COMPLETING THE REQUIRED PERIOD OF MORE THAN 30 DAYS WOULD BE ENTITLED TO INCLUDE THE PERIOD OF LEAVE IN COMPUTING THE QUALIFYING PERIOD OF DUTY PROVIDED THE VESSEL CONTINUES AWAY FROM ITS HOME PORT. WHEN A PERIOD OF MORE THAN 30 DAYS IS COMPLETED ON THAT BASIS, HE WOULD BECOME ENTITLED TO THE ALLOWANCE.
WITH RESPECT TO A PERIOD OF TEMPORARY DUTY OR HOSPITALIZATION OCCURRING BEFORE THE MEMBER COMPLETES THE QUALIFYING PERIOD OF MORE THAN 30 DAYS ABOARD THE VESSEL, THE CIRCUMSTANCES BEING SUCH THAT HE IS ABLE TO RESIDE WITH HIS DEPENDENTS, WE ARE OF THE OPINION THAT IF THE PERIOD THEY RESIDE TOGETHER IS FOR 30 DAYS OR LESS, IT MAY BE REGARDED AS IN THE NATURE OF A SOCIAL VISIT OF A TEMPORARY NATURE AND WOULD NOT AFFECT HIS ENTITLEMENT. THUS, HE WOULD BE PERMITTED TO INCLUDE THE PERIOD OF TEMPORARY DUTY OR HOSPITALIZATION IN COMPUTING THE QUALIFYING PERIOD AND WOULD BECOME ENTITLED TO THE ALLOWANCE UPON COMPLETING SUCH PERIOD IF OTHER REQUIREMENTS ARE MET. CF. B-153204, MARCH 16, 1964, 43 COMP. GEN. 596, ANSWER TO QUESTION 5, COPY ENCLOSED. IF, HOWEVER, THE PERIOD OF HOSPITALIZATION OR TEMPORARY DUTY IS SUCH THAT THE MEMBER IS ABLE TO RESIDE WITH HIS DEPENDENTS FOR A PERIOD OF MORE THAN 30 DAYS, THEN, NOTWITHSTANDING HIS PERMANENT ASSIGNMENT TO DUTY ON BOARD SHIP, HE WOULD NOT ACTUALLY BE SEPARATED FROM HIS DEPENDENTS BUT WOULD LIVE WITH THEM ON SUBSTANTIALLY THE SAME BASIS AS HE WOULD IF HE WERE ASSIGNED ASHORE AT THAT LOCATION. ON THAT BASIS, THE MEMBER WOULD NOT BE PERMITTED TO COUNT THE PERIOD WHILE RESIDING WITH HIS DEPENDENTS FOR THE PURPOSE OF QUALIFYING FOR THE ALLOWANCE AND WOULD NOT BECOME ENTITLED TO AN ALLOWANCE INCIDENT TO HIS ASSIGNMENT ABOARD THE VESSEL UNTIL HE RETURNS THERETO AND THEREAFTER SERVES THE REQUIRED PERIOD OF MORE THAN 30 DAYS.
THE ABOVE APPEARS TO ANSWER QUESTION E, MAKING ANY FURTHER ANSWER UNNECESSARY.