B-137089, AUG 27, 1958

B-137089: Aug 27, 1958

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THE OFFICER WAS OCCUPYING QUARTERS AS A BACHELOR OFFICER IN ARNOLD HALL. BECAUSE OF TWO DEPENDENT MINOR CHILDREN OF A PREVIOUS MARRIAGE WHO WERE RESIDING WITH HIS FORMER WIFE IN THE UNITED STATES. UPON HER MARRIAGE TO THE OFFICER HER ASSIGNMENT TO QUARTERS WAS TERMINATED. THOSE ROOMS WERE ASSIGNED TO HIM AT HIS REQUEST. WERE NOT CLASSIFIED AS FAMILY TYPE HOUSING. THE OFFICER AND HIS WIFE MOVED TO PRIVATE QUARTERS AND HIS QUARTERS ALLOWANCE WAS RESUMED. PROVIDES THAT ANY QUARTERS OR HOUSING UNDER THE JURISDICTION OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES BY A MEMBER AND 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.

B-137089, AUG 27, 1958

PRECIS-UNAVAILABLE

MAJOR G.W. MENDENHALL, USAF, DEPARTMENT OF THE AIR FORCE:

BY LETTER DATED AUGUST 7, 1958, THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO US YOUR LETTER OF JANUARY 23, 1958, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION RELATIVE TO THE RIGHT OF CAPTAIN JOHN B. DOLMAN, AO 693921, TO BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS FOR THE PERIOD FROM JUNE 18 THROUGH AUGUST 12, 1957, WHILE STATIONED AT RHEIN/MAIN AIR BASE, GERMANY.

IT APPEARS THAT PRIOR TO JUNE 18, 1957, THE OFFICER WAS OCCUPYING QUARTERS AS A BACHELOR OFFICER IN ARNOLD HALL, A DORMITORY TYPE BUILDING, DESIGNATED AS BACHELOR OFFICER QUARTERS AND GENERALLY OCCUPIED BY SINGLE OR UNACCOMPANIED OFFICERS OF BOTH SEXES, DEPARTMENT OF THE AIR FORCE CIVILIAN EMPLOYEES OF BOTH SEXES AND CERTAIN CONTRACTOR REPRESENTATIVES. CAPTAIN DOLMAN DREW INCREASED QUARTERS ALLOWANCE ON BEHALF OF DEPENDENTS FOR THE PERIOD THROUGH JUNE 17, 1957, BECAUSE OF TWO DEPENDENT MINOR CHILDREN OF A PREVIOUS MARRIAGE WHO WERE RESIDING WITH HIS FORMER WIFE IN THE UNITED STATES. ON JUNE 17, 1957, CAPTAIN DOLMAN MARRIED A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE WHO LIKEWISE HAD OCCUPIED BACHELOR QUARTERS IN ARNOLD HALL. UPON HER MARRIAGE TO THE OFFICER HER ASSIGNMENT TO QUARTERS WAS TERMINATED. FROM JUNE 18 THROUGH AUGUST 12, 1957, THE OFFICER AND HIS WIFE RESIDED TOGETHER IN ARNOLD HALL IN ADJOINING ROOMS WITH CONNECTING BATH. THOSE ROOMS WERE ASSIGNED TO HIM AT HIS REQUEST. IT APPEARS THAT SUCH QUARTERS, HOWEVER, WERE NOT CLASSIFIED AS FAMILY TYPE HOUSING. ON AUGUST 12, 1957, THE OFFICER AND HIS WIFE MOVED TO PRIVATE QUARTERS AND HIS QUARTERS ALLOWANCE WAS RESUMED.

YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT OF INCREASED QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS FOR THE PERIOD IN QUESTION ARISES FROM THE FACT THAT SECTION 3 OF EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, PROVIDES THAT ANY QUARTERS OR HOUSING UNDER THE JURISDICTION OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES BY A MEMBER AND 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.

SECTION 302(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES THAT 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. THE EXECUTIVE ORDER WAS PROMULGATED PURSUANT TO THAT PROVISION OF LAW. WITH RESPECT TO QUARTERS ALLOWANCE UNDER VARIOUS CIRCUMSTANCES OF MARRIAGE, PARAGRAPH 20405-A(1), AIR FORCE MANUAL 173-20, PROVIDES THAT A MEMBER WHOSE WIFE, AS A CIVILIAN EMPLOYEE, IS FURNISHED QUARTERS IN KIND IS NOT ENTITLED TO PAYMENT OF BASIC ALLOWANCE FOR QUARTERS IF WITHOUT OTHER DEPENDENTS. THE SPECIFIC SITUATION OF A MEMBER WHOSE WIFE IS A CIVILIAN EMPLOYEE AND WHO HAS OTHER DEPENDENTS IS NOT COVERED BY THE REGULATIONS. HOWEVER, WHERE BOTH HUSBAND AND WIFE ARE MEMBERS OF THE ARMED SERVICES AND THE MALE MEMBER HAS OTHER DEPENDENTS AND FAMILY TYPE QUARTERS ARE NOT AVAILABLE, PARAGRAPH 20405- D(3), EXAMPLE 3 OF THE MANUAL PROVIDES FOR PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR A MEMBER WITH DEPENDENTS.

UNDER THE LAW AND EXECUTIVE ORDER A MEMBER IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR DEPENDENTS WHEN ASSIGNED ADEQUATE GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENTS. SINCE CAPTAIN DOLMAN HAD DEPENDENTS OTHER THAN HIS CIVILIAN-EMPLOYEE WIFE, HE MAY NOT BE CONSIDERED AS HAVING BEEN ASSIGNED ADEQUATE QUARTERS FOR HIMSELF AND DEPENDENTS BY REASON OF OCCUPANCY BY HIMSELF AND HIS WIFE OF TWO ADJOINING SINGLE OR BACHELOR QUARTERS NOT DESIGNATED AS FAMILY TYPE QUARTERS.

ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT CAPTAIN DOLMAN WITH BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS (CHILDREN) FOR THE PERIOD JUNE 18 THROUGH AUGUST 12, 1957. THE ENCLOSURES WHICH ACCOMPANIED YOUR LETTER ARE RETURNED HEREWITH.