B-137472, DECEMBER 18, 1958, 38 COMP. GEN. 443

B-137472: Dec 18, 1958

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MILITARY PERSONNEL - STATION ALLOWANCES - TEMPORARY LODGING ALLOWANCE - HOME PORT OF VESSEL OUTSIDE UNITED STATES - RATE THE AMOUNT OF THE TEMPORARY LODGING ALLOWANCE FOR A NAVAL OFFICER ASSIGNED TO DUTY ABOARD A VESSEL OPERATING FROM A PORT OUTSIDE OF THE UNITED STATES IS FOR DETERMINATION ON THE BASIS OF THE NUMBER OF PERSONS IN THE FAMILY WHO ACTUALLY OCCUPY HOTEL ACCOMMODATIONS AT PERSONAL EXPENSE. INCURS PERSONAL EXPENSE FOR HOTELS AND MEALS AT THE HOME PORT FOR ONE DEPENDENT IS ENTITLED TO TEMPORARY LODGING ALLOWANCE OF 50 PERCENT OF THE TRAVEL PER DIEM RATE AND. WHEN THE MEMBER IS PERMITTED TO BE AWAY FROM HIS SHIP AND WITH HIS WIFE ACTUALLY OCCUPIES HOTEL ACCOMMODATIONS AND USES PUBLIC RESTAURANTS.

B-137472, DECEMBER 18, 1958, 38 COMP. GEN. 443

MILITARY PERSONNEL - STATION ALLOWANCES - TEMPORARY LODGING ALLOWANCE - HOME PORT OF VESSEL OUTSIDE UNITED STATES - RATE THE AMOUNT OF THE TEMPORARY LODGING ALLOWANCE FOR A NAVAL OFFICER ASSIGNED TO DUTY ABOARD A VESSEL OPERATING FROM A PORT OUTSIDE OF THE UNITED STATES IS FOR DETERMINATION ON THE BASIS OF THE NUMBER OF PERSONS IN THE FAMILY WHO ACTUALLY OCCUPY HOTEL ACCOMMODATIONS AT PERSONAL EXPENSE; FOR EXAMPLE, AN OFFICER WHO, WHILE FURNISHED QUARTERS AND SUBSISTENCE ABOARD A VESSEL OPERATING FROM A PORT OUTSIDE THE UNITED STATES, INCURS PERSONAL EXPENSE FOR HOTELS AND MEALS AT THE HOME PORT FOR ONE DEPENDENT IS ENTITLED TO TEMPORARY LODGING ALLOWANCE OF 50 PERCENT OF THE TRAVEL PER DIEM RATE AND, WHEN THE MEMBER IS PERMITTED TO BE AWAY FROM HIS SHIP AND WITH HIS WIFE ACTUALLY OCCUPIES HOTEL ACCOMMODATIONS AND USES PUBLIC RESTAURANTS, TEMPORARY LODGING ALLOWANCE IS PAYABLE AT 100 PERCENT OF THE TRAVEL PER DIEM FOR THE MEMBER AND ONE DEPENDENT.

TO P. C. HOLMEN, DEPARTMENT OF THE NAVY, DECEMBER 18, 1958:

BY THIRD ENDORSEMENT DATED AUGUST 20, 1958, THE JUDGE ADVOCATE GENERAL OF THE NAVY FORWARDED YOUR LETTER OF JUNE 14, 1958, WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT THE PAY ACCOUNT OF LIEUTENANT FREDERICK P. EICHEL, 583015, USN, WITH ADDITIONAL TEMPORARY LODGING ALLOWANCE FOR THE PERIOD FEBRUARY 28 TO MARCH 20, 1958, IN THE CIRCUMSTANCES SHOWN. THE SUBMISSION OF YOUR REQUEST WAS APPROVED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND ASSIGNED PDT AND TAC CONTROL NUMBER 58-7.

IT IS SHOWN THAT DURING THE PERIOD HERE INVOLVED LIEUTENANT EICHEL WAS ATTACHED TO THE U.S.S. DES MOINES (CA-134), THE HOME PORT OF WHICH VESSEL WAS VILLEFRANCHE, FRANCE; THAT TRANSPORTATION OF HIS DEPENDENT (WIFE) WAS AUTHORIZED TO THE HOME PORT, AND THAT SHE ARRIVED THERE FEBRUARY 28, 1958. IT FURTHER APPEARS THAT GOVERNMENT QUARTERS AND MESSING FACILITIES WERE NOT AVAILABLE TO HER AND THAT FROM FEBRUARY 28 TO MARCH 20, 1958, SHE RESIDED AT HOTEL PROVENCAL, VILLEFRANCHE, FRANCE, AND PRESUMABLY ATE AT PUBLIC RESTAURANTS PENDING COMPLETION OF ARRANGEMENTS FOR PERMANENT LIVING ACCOMMODATIONS. IT IS ALSO SHOWN THAT WHILE ON LIBERTY FROM HIS SHIP LIEUTENANT EICHEL ACTUALLY OCCUPIED QUARTERS AT HOTEL PROVENCAL FROM MARCH 9 TO 20, 1958; AND THAT HIS PAY ACCOUNT HAS BEEN CREDITED WITH TEMPORARY LODGING ALLOWANCE FOR THE PERIOD FEBRUARY 28 TO MARCH 20, 1958, AT 50 PERCENT OF THE APPLICABLE TRAVEL PER DIEM RATE. HE NOW CLAIMS THAT HIS PAY ACCOUNT SHOULD HAVE BEEN CREDITED WITH THE ALLOWANCE FROM FEBRUARY 28 TO MARCH 20, 1958, AT 100 PERCENT OF THE TRAVEL PER DIEM RATE.

YOU SAY THAT THE JOINT TRAVEL REGULATIONS DO NOT CLEARLY STATE WHETHER OR NOT A MEMBER WHO IS SERVING ON A VESSEL OPERATING FROM A HOME PORT IN A FOREIGN COUNTRY AND WHO HAS QUARTERS AVAILABLE FOR HIMSELF ABOARD SHIP IS ELIGIBLE FOR TEMPORARY LODGING ALLOWANCE AS A MEMBER WITH ONE DEPENDENT (100 PERCENT OF THE TRAVEL PER DIEM APPLICABLE) OR FOR THE ONE DEPENDENT ONLY (50 PERCENT OF THE TRAVEL PER DIEM APPLICABLE). YOU ALSO ASK WHETHER THE SAME RULES OF ELIGIBILITY APPLY WHEN THE SHIP IS IN ITS HOME PORT AS WHEN THE SHIP IS AT SEA.

THE STATED PURPOSE OF THE TEMPORARY LODGING ALLOWANCE IS TO PARTIALLY REIMBURSE A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS. SEE PARAGRAPH 4303-1, JOINT TRAVEL REGULATIONS. PARAGRAPH 4303-2A OF THE SAME REGULATIONS PROVIDES THAT THE TEMPORARY LODGING ALLOWANCE IS PAYABLE TO ALL MEMBERS FOR ANY DAY DURING THE MAXIMUM PERIODS AS PRESCRIBED IN SUBPARAGRAPHS B AND C, THAT THE MEMBER, HIS DEPENDENTS (IF WITH DEPENDENTS), OR BOTH, ACTUALLY OCCUPY COMMERCIAL HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE. PARAGRAPH 4303-3A PROVIDES THAT THE DAILY AMOUNT OF THE TEMPORARY LODGING ALLOWANCE IS DETERMINED BY MULTIPLYING THE TRAVEL PER DIEM ALLOWANCE PRESCRIBED IN TABLE 3, APPENDIX B, FOR THE AREA IN WHICH THE MEMBER'S PERMANENT DUTY STATION IS LOCATED, BY THE PERCENTAGE INDICATED IN THE FOLLOWING TABLE:

CHART

PERCENTAGE OF

TRAVEL PER DIEM

APPLICABLE

(PERCENT) NO. OF PERSONNEL IN FAMILY ACTUALLY OCCUPYING HOTEL ACCOMMODATIONS:

MEMBER ONLY--------------------------------------------- 50

1 DEPENDENT ONLY--------------------------------------- 50

MEMBER AND 1 DEPENDENT---------------------------------- 100

2 DEPENDENTS ONLY-------------------------------------- 100

MEMBER AND 2 DEPENDENTS--------------------------------- 125

3 DEPENDENTS ONLY-------------------------------------- 125

MEMBER AND 3 OR MORE DEPENDENTS------------------------- 150

4 OR MORE DEPENDENTS ONLY------------------------------- 150

PARAGRAPH 4304 OF THE REGULATIONS IS AS FOLLOWS:

A MEMBER ASSIGNED TO DUTY ABOARD A SHIP OR OTHER FLEET UNIT, OPERATING FROM A PORT OUTSIDE THE UNITED STATES, WHETHER OR NOT SUCH PORT IS THE HOME PORT OR HOME YARD OF THE SHIP OR FLEET UNIT, WILL BE ENTITLED TO RECEIVE THE APPROPRIATE COST-OF-LIVING ALLOWANCE FOR A MEMBER WITH DEPENDENTS WHEN THE MEMBER'S COMMANDING OFFICER CERTIFIES THAT TRANSPORTATION OF THE DEPENDENTS HAS BEEN AUTHORIZED TO AND THE DEPENDENTS HAVE ACTUALLY ESTABLISHED A RESIDENCE AT THE PORT FROM WHICH SUCH SHIP OR FLEET UNIT IS OPERATING, OR IN THE VICINITY THEREOF. THE APPLICABLE COST- OF-LIVING ALLOWANCE IS PAYABLE IN SUCH CASES NOTWITHSTANDING THE FACT THAT THE MEMBER IS BEING SUBSISTED, QUARTERED, OR BOTH, IN KIND ABOARD SHIP OR WITH HIS FLEET UNIT. THE RATES PAYABLE WILL BE THE RATES APPLICABLE TO THE PORT FROM WHICH THE SHIP OR FLEET UNIT IS OPERATING. FOR THE PURPOSE OF THIS PART, THE TERMS "PERMANENT DUTY STATION" OR "MEMBER'S DUTY STATION" WILL BE CONSTRUED TO INCLUDE AS THE CASE MAY BE THE AUTHORIZED HOME YARD, HOME PORT, OR OPERATING AREA OF A VESSEL OR FLEET UNIT.

THE REGULATIONS (PARAGRAPH 4303-3A) SPECIFICALLY PROVIDE THAT THE DAILY AMOUNT OF THE TEMPORARY LODGING ALLOWANCE WILL BE DETERMINED ON THE BASIS OF THE NUMBER OF PERSONS IN THE FAMILY ACTUALLY OCCUPYING HOTEL ACCOMMODATIONS AT PERSONAL EXPENSE. WHILE PARAGRAPH 4304 AUTHORIZES PAYMENT OF THE APPROPRIATE COST-OF-LIVING ALLOWANCE, INCLUDING TEMPORARY LODGING ALLOWANCE, TO A MEMBER ASSIGNED TO DUTY ABOARD A SHIP OPERATING FROM A PORT OUTSIDE THE UNITED STATES, IF SUCH MEMBER OTHERWISE MEETS THE REQUIREMENTS FOR ENTITLEMENT, THE DAILY AMOUNT OF THE TEMPORARY LODGING ALLOWANCE MUST BE DETERMINED ON THE BASIS OF THE NUMBER OF PERSONS IN THE FAMILY ACTUALLY OCCUPYING HOTEL ACCOMMODATIONS AT PERSONAL EXPENSE. THUS, A MEMBER, AS IN THE CASE OF LIEUTENANT EICHEL, WHILE BEING FURNISHED QUARTERS AND SUBSISTENCE ABOARD A VESSEL OPERATING FROM A PORT OUTSIDE THE UNITED STATES WOULD BE ENTITLED, IF OTHERWISE ELIGIBLE, TO TEMPORARY LODGING ALLOWANCE AT 50 PERCENT OF THE APPLICABLE TRAVEL PER DIEM RATE FOR ONE DEPENDENT. WHEN THE MEMBER, HOWEVER, IS PERMITTED TO BE AWAY FROM HIS SHIP AND ACTUALLY OCCUPIES HOTEL ACCOMMODATIONS AND USES PUBLIC RESTAURANTS AT THE HOME PORT DURING THE PERIOD OF ENTITLEMENT, HE IS ENTITLED TO THE ALLOWANCE AT 100 PERCENT OF THE TRAVEL PER DIEM RATE AS PRESCRIBED FOR THE MEMBER AND ONE DEPENDENT. HENCE, LIEUTENANT EICHEL WAS ENTITLED TO TEMPORARY LODGING ALLOWANCE AT THE 50 PERCENT RATE FOR THE PERIOD FEBRUARY 28 TO MARCH 8, 1958, AND AT THE 100 PERCENT RATE FROM MARCH 9 TO 20, 1958. YOU ARE AUTHORIZED TO ADJUST HIS PAY ACCOUNT ON SUCH BASIS.