B-137740, JANUARY 13, 1959, 38 COMP. GEN. 489

B-137740: Jan 13, 1959

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NOTWITHSTANDING THAT THE SCHOOL IS NOT NEAR THE MEMBER'S OVERSEAS STATION. DURING PERIODS THAT THE MEMBER IS NOT ASSIGNED GOVERNMENT HOUSING HE IS ENTITLED TO QUARTERS ALLOWANCE FOR HIMSELF. FOR PERIODS WHEN HIS DEPENDENT OCCUPIES SUCH PRIVATE QUARTERS WITH THE MEMBER HE IS ENTITLED TO QUARTERS ALLOWANCE FOR HIMSELF AND DEPENDENT. OCCUPIES HOTEL ACCOMMODATIONS BEFORE GOVERNMENT QUARTERS WERE ASSIGNED AND FOR A PERIOD AFTER HIS DEPENDENT LEFT TO ATTEND A SCHOOL RUN BY THE MILITARY SERVICES AND LOCATED IN ANOTHER COUNTRY IS ENTITLED TO THE TEMPORARY LODGING ALLOWANCE AT A RATE FOR HIMSELF AND DEPENDENT DURING THE PERIOD THEY ACTUALLY OCCUPIED HOTEL ACCOMMODATIONS AND AT A RATE FOR A MEMBER ALONE AFTER DEPARTURE OF THE DEPENDENT.

B-137740, JANUARY 13, 1959, 38 COMP. GEN. 489

MILITARY PERSONNEL - OVERSEAS MEMBERS - QUARTERS, STATION AND TEMPORARY LODGING ALLOWANCES - DEPENDENT SCHOOL OCCUPANCY BY THE ONLY DEPENDENT OF AN OVERSEAS MEMBER OF THE UNIFORMED SERVICES OF DORMITORY QUARTERS AT A SCHOOL RUN BY THE MILITARY SERVICES, SUBJECT ONLY TO A DAILY FEE FOR MEALS AND ROOM BUT WITHOUT CHARGE FOR RENT, CONSTITUTES OCCUPANCY OF QUARTERS UNDER THE JURISDICTION OF THE UNIFORMED SERVICES AND PRECLUDES PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF THE DEPENDENT, NOTWITHSTANDING THAT THE SCHOOL IS NOT NEAR THE MEMBER'S OVERSEAS STATION; HOWEVER, DURING PERIODS THAT THE MEMBER IS NOT ASSIGNED GOVERNMENT HOUSING HE IS ENTITLED TO QUARTERS ALLOWANCE FOR HIMSELF, AND FOR PERIODS WHEN HIS DEPENDENT OCCUPIES SUCH PRIVATE QUARTERS WITH THE MEMBER HE IS ENTITLED TO QUARTERS ALLOWANCE FOR HIMSELF AND DEPENDENT. THE DEPENDENT OF AN OVERSEAS MEMBER OF THE UNIFORMED SERVICES WHO ATTENDS A SCHOOL RUN BY THE MILITARY SERVICES AND LOCATED IN ANOTHER COUNTRY, BUT WHO RETURNS TO AND RESIDES WITH THE MEMBER DURING VACATIONS, MAY BE REGARDED AS TEMPORARILY ABSENT DURING ATTENDANCE AT SCHOOL SO THAT THE MEMBER CONTINUES TO BE ENTITLED TO RECEIVE STATION ALLOWANCES FOR SUBSISTENCE AND QUARTERS FOR HIMSELF AND DEPENDENT WHILE MAINTAINING FAMILY-TYPE QUARTERS AT THE PERMANENT STATION. A MEMBER OF THE UNIFORMED SERVICES WHO, AFTER ARRIVAL AT A NEW OVERSEAS PERMANENT DUTY STATION WITH HIS ONLY DEPENDENT, OCCUPIES HOTEL ACCOMMODATIONS BEFORE GOVERNMENT QUARTERS WERE ASSIGNED AND FOR A PERIOD AFTER HIS DEPENDENT LEFT TO ATTEND A SCHOOL RUN BY THE MILITARY SERVICES AND LOCATED IN ANOTHER COUNTRY IS ENTITLED TO THE TEMPORARY LODGING ALLOWANCE AT A RATE FOR HIMSELF AND DEPENDENT DURING THE PERIOD THEY ACTUALLY OCCUPIED HOTEL ACCOMMODATIONS AND AT A RATE FOR A MEMBER ALONE AFTER DEPARTURE OF THE DEPENDENT, OR IN LIEU THEREOF TO A STATION ALLOWANCE IS GREATER THAN THE TEMPORARY LODGING ALLOWANCE.

TO LIEUTENANT COLONEL M. W. DALE, UNITED STATES AIR FORCE, JANUARY 13, 1959:

THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE ( COMPTROLLER), HEADQUARTERS, UNITED STATES AIR FORCE, HAS FORWARDED WITH TRANSMITTAL LETTER DATED OCTOBER 21, 1958, YOUR LETTER OF JULY 8, 1958, AND ENCLOSURES, REQUESTING DECISION CONCERNING THE PROPRIETY OF PAYMENT ON THE CLAIM OF CAPTAIN JULIAN T. BOLLINGER, UNITED STATES NAVY, FOR (1) A BASIC ALLOWANCE FOR QUARTERS, (2) TEMPORARY LODGING ALLOWANCES, AND (3) STATION ALLOWANCES FOR QUARTERS AND SUBSISTENCE AT THE RATES PAYABLE FOR AN OFFICER WITH A DEPENDENT (SON) IN THE CIRCUMSTANCES STATED BELOW. ITEM (1), WHICH RELATES TO A BASIC ALLOWANCE FOR QUARTERS, HAS BEEN CLEARED BY THE MILITARY PAY AND ALLOWANCE COMMITTEE AS AIR FORCE REQUEST NO. 373, AND ITEMS (2) AND (3), RELATING TO COST OF LIVING ALLOWANCES OUTSIDE THE UNITED STATES, HAVE BEEN CLEARED FOR SUBMISSION BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE UNDER CONTROL NO. 58-10.

THE RECORD INDICATES THAT CAPTAIN BOLLINGER ARRIVED AT COPENHAGEN, DENMARK (FOR DUTY WITH MAAG-DENMARK, NAVY SECTION) FROM THE UNITED STATES ON MARCH 1, 1958, ACCOMPANIED BY HIS DEPENDENT SON; THAT HE OCCUPIED HOTEL ACCOMMODATIONS FROM "1 MARCH 1958 UNTIL 2 APRIL 1958, WHEN HE MOVED INTO PERMANENT TYPE LIVING ACCOMMODATIONS" AND THAT HIS SON OCCUPIED DORMITORY QUARTERS AT THE USAFE DEPENDENT SCHOOL IN WIESBADEN, GERMANY, MARCH 7 TO APRIL 3, 1958, INCLUSIVE, AND FROM APRIL 14 TO JUNE 5, 1958, INCLUSIVE. IT IS STATED THAT DEPENDENT SCHOOL BOARDERS ARE CHARGED DAILY FEES FOR MEALS AND ROOM SERVICE BUT NOT FOR QUARTERS RENTAL, AND THAT "ONLY THE ROOM SERVICE FEE IS CHARGED DURING THEIR WEEK-END AND OTHER ABSENCES DURING SCHOOL SEMESTERS, AT USAFE DEPENDENT OOL.'

THE FOLLOWING QUESTIONS (LETTERED (B) TO (F), AS SHOWN IN YOUR LETTER OF JULY 8, 1958), ARE PRESENTED BY YOU:

(B) IS CAPTAIN BOLLINGER ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH ONE DEPENDENT, OR WITHOUT DEPENDENTS FOR THE PERIOD 7 MARCH 1958 THROUGH 3 APRIL 1958, AND 14 APRIL THRU 5 JUNE 1958?

(C) IS HE ENTITLED TO TEMPORARY LODGING ALLOWANCES AS A MEMBER WITH OR WITHOUT DEPENDENTS 7 MARCH THROUGH 1 APRIL 1958?

(D) IS HE ENTITLED TO STATION ALLOWANCES FOR QUARTERS AND SUBSISTENCE AS A MEMBER WITH ONE DEPENDENT, OR WITHOUT DEPENDENTS FROM 7 MARCH 1958 THROUGH 3 APRIL 1958, AND 14 APRIL THROUGH 5 JUNE 1958?

(E) IS HE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH DEPENDENT FROM 6 JUNE 1958 UNTIL DEPENDENT SON RETURNS TO SCHOOL?

(F) IS HE ENTITLED TO STATION ALLOWANCES FOR QUARTERS AND SUBSISTENCE AS A MEMBER WITH ONE DEPENDENT FROM 6 JUNE 1958 UNTIL DEPENDENT SON RETURNS TO SCHOOL?

IN CONNECTION WITH THE ISSUES PRESENTED IN THE ABOVE QUESTIONS, YOU INDICATE THAT DOUBT ARISES AS TO ENTITLEMENT TO A BASIC ALLOWANCE FOR QUARTERS DUE TO THE OCCUPANCY OF DORMITORY QUARTERS BY THE OFFICER'S DEPENDENT SON, AND WITH RESPECT TO THE COST-OF-LIVING ALLOWANCES OUTSIDE THE UNITED STATES BECAUSE THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMANY, IS NOT LOCATED IN THE VICINITY, NOR EVEN IN THE SAME COUNTRY, AS CAPTAIN BOLLINGER'S PERMANENT DUTY STATION AT COPENHAGEN, DENMARK.

THE STATUTORY PROVISIONS GOVERNING PAYMENT OF A BASIC ALLOWANCE FOR QUARTERS ARE FOUND IN SECTION 302, CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 252. SUBSECTION (A), 37 U.S.C. 252 (A), PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED IN SECTION 302, OR BY ANY OTHER PROVISION OF LAW,"MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS ARE PROVIDED IN THIS SECTION.' SUBSECTION (B), 37 U.S.C. 252 (B), PROVIDES 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.' SUBSECTION (E), 37 U.S.C. 252 (E), PROVIDES THAT " THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION * * *.'

PURSUANT TO THE AUTHORITY OF SECTION 302 (E) ABOVE, REGULATIONS GOVERNING BASIC ALLOWANCES FOR QUARTERS WERE PROMULGATED BY THE PRESIDENT ON JANUARY 15, 1951, IN EXECUTIVE ORDER NO. 10204, 16 F.R. 417. SECTION 3 OF THAT ORDER PROVIDES, IN PERTINENT PART, THAT " ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES * * * (C) BY THE DEPENDENTS OF A MEMBER * * * ON 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.'

IT DOES NOT APPEAR THAT FOLLOWING HIS ARRIVAL AT COPENHAGEN ON MARCH 1, 1958, CAPTAIN BOLLINGER HAS BEEN ASSIGNED TO GOVERNMENT QUARTERS OR TO ANY HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES APPROPRIATE TO HIS RANK AND GRADE AND ADEQUATE FOR HIMSELF AND HIS DEPENDENT (SON). THEREFORE, HIS STATUS WITH RESPECT TO A BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH A DEPENDENT (SON) IS NOT WITHIN THE RESTRICTIVE PROVISIONS OF SECTION 302 (B), CAREER COMPENSATION ACT OF 1949. HOWEVER, THE OCCUPANCY BY HIS DEPENDENT (SON) OF DORMITORY QUARTERS AT THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMANY, SUBJECT ONLY TO A DAILY FEE FOR MEALS AND ROOM SERVICE BUT NOT FOR QUARTERS RENTAL, CLEARLY CONSTITUTES THE OCCUPANCY OF QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES "WITHOUT PAYMENT OF RENTAL CHARGES" WITHIN THE SCOPE OF SECTION 3, EXECUTIVE ORDER NO. 10204, WHICH PROVIDES (AS ABOVE SET FORTH) THAT SUCH QUARTERS OR HOUSING FACILITIES SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND THAT IN SUCH A CASE NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

CONSEQUENTLY, THE PAYMENT TO CAPTAIN BOLLINGER OF A BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH A DEPENDENT (SON) IS PRECLUDED BY SECTION 3, EXECUTIVE ORDER NO. 10204, FOR ANY PERIOD THAT HIS SON (HIS SOLE DEPENDENT) HAS OCCUPIED OR OCCUPIES DORMITORY QUARTERS AT THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMAN. HOWEVER, PAYMENT OF A QUARTERS ALLOWANCE, AS A MEMBER WITHOUT A DEPENDENT, APPEARS PROPER FOR THOSE PERIODS THAT (A) HIS SON OCCUPIED OR OCCUPIES DORMITORY QUARTERS AT THE USAFE DEPENDENT SCHOOL AT WIESBADEN, AND (B) CAPTAIN BOLLINGER HAS NOT BEEN ASSIGNED GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES (SECTIONS 302 (A) AND (B), 63 STAT. 812). ALSO, AND IF OTHERWISE CORRECT, PAYMENT TO CAPTAIN BOLLINGER OF A QUARTERS ALLOWANCE, AS A MEMBER WITH A DEPENDENT (SON), IS AUTHORIZED FOR ANY PERIOD THAT HIS DEPENDENT (SON) DID NOT OCCUPY OR DOES NOT OCCUPY GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES.

QUESTIONS (B) AND (E), RELATING TO A BASIC ALLOWANCE FOR QUARTERS, ARE ANSWERED ACCORDINGLY.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES AS FOLLOWS:

WITHOUT REGARD TO THE MONETARY LIMITATIONS IN THIS ACT, THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES: PROVIDED, THAT DEPENDENTS SHALL NOT BE CONSIDERED IN DETERMINING PER DIEM ALLOWANCES FOR MEMBERS IN A TRAVEL STATUS.

IN ACCORDANCE WITH THE ABOVE-QUOTED STATUTORY AUTHORITY, REGULATIONS WERE PROMULGATED GOVERNING COST-OF-LIVING ALLOWANCES OUTSIDE THE UNITED STATES IN PART G, CHAPTER 4, JOINT TRAVEL REGULATIONS FOR THE UNIFORMED SERVICES, AS PARAGRAPHS 4300 TO 4308, INCLUSIVE.

THE TERM "MEMBER WITH DEPENDENTS" IS DEFINED IN PARAGRAPH 4300-1 AS A MEMBER WHOSE DEPENDENTS RESIDE "IN THE VICINITY OF HIS DUTY STATION OUTSIDE THE UNITED STATES," AND WHO IS ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE AND IS AUTHORIZED TO HAVE HIS DEPENDENTS PRESENT IN THE AREA IN A MILITARY DEPENDENT STATUS. PARAGRAPH 4300-3 PROVIDES THAT DEPENDENTS WILL BE CONSIDERED AS RESIDING IN THE VICINITY OF A MEMBER'S DUTY STATION "FOR ANY PERIOD DURING WHICH THEY ACTUALLY RESIDE IN THE COUNTRY WITHIN WHICH THE MEMBER'S PERMANENT DUTY STATION IS LOCATED.' PARAGRAPH 4300-3 ALSO PROVIDES THAT WHEN A MEMBER ACTUALLY RESIDES "WITH HIS DEPENDENTS AT, AND COMMUTES TO HIS PERMANENT DUTY STATION, FROM A PLACE LOCATED IN AN ADJACENT COUNTRY (EXCEPT THE UNITED STATES), HIS DEPENDENTS WILL BE CONSIDERED AS RESIDING IN THE VICINITY OF THE MEMBER'S PERMANENT DUTY STATION.' WITH AN EXCEPTION WHICH IS NOT HERE PERTINENT (RELATING TO ABSENCES INVOLVING RETURN TO THE UNITED STATES) PARAGRAPH 4300-3 FURTHER PROVIDES THAT "TEMPORARY ABSENCES OF DEPENDENTS FROM THE MEMBER'S RESIDENCE WILL NOT AFFECT THE PAYMENT OF STATION ALLOWANCES PROVIDED THE MEMBER CONTINUES TO MAINTAIN FAMILY-TYPE QUARTERS DURING THE ABSENCE OF HIS ENDENTS.'

THE BASIC ISSUE THUS RAISED BY THE FACTS ABOVE SET FORTH CONCERNING CAPTAIN BOLLINGER AND HIS DEPENDENT SON IS WHETHER THE ATTENDANCE OF HIS SON AT THE USAFE DEPENDENTS SCHOOL AT WIESBADEN, GERMANY, CONSTITUTES A TEMPORARY ABSENCE AWAY FROM CAPTAIN BOLLINGER'S RESIDENCE AT COPENHAGEN, DENMARK, SO AS TO COME WITHIN THE SCOPE AND PURVIEW OF PARAGRAPH 4300-3. IT DOES NOT APPEAR THAT CAPTAIN BOLLINGER'S DEPENDENT (SON) HAS A PERMANENT RESIDENCE WHICH IS SEPARATE FROM THAT OF HIS FATHER. IN THIS CONNECTION, THE RECORD CLEARLY DISCLOSES THAT THE OFFICER'S DEPENDENT (SON) RETURNS TO AND RESIDES WITH HIS FATHER IN COPENHAGEN, DENMARK, DURING ALL PERIODS THAT THE SON IS NOT REQUIRED TO BE PRESENT AT THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMANY. IN SUCH CIRCUMSTANCES THE CONCLUSION APPEARS REASONABLE THAT THE PERIODS THAT CAPTAIN BOLLINGER'S DEPENDENT (SON) ATTENDS THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMANY, CONSTITUTE "TEMPORARY ABSENCES * * * FROM THE MEMBER'S RESIDENCE" WITHIN THE SCOPE AND PURVIEW OF PARAGRAPH 4300 3, AS TO ANY SUCH PERIODS THAT CAPTAIN BOLLINGER HAS MAINTAINED OR CONTINUES TO MAINTAIN FAMILY-TYPE QUARTERS AT HIS PERMANENT DUTY STATION. CONSEQUENTLY, SINCE IT DOES NOT APPEAR THAT CAPTAIN BOLLINGER'S STATUS AS A MEMBER WITH A DEPENDENT (SON) LIES WITHIN ANY OF THE EXCEPTIONS PRESCRIBED IN SUBSECTIONS 1, 2, OR 3, PARAGRAPH 4301 3-C-/1), WITH RESPECT TO STATION ALLOWANCES FOR SUBSISTENCE, OR WITHIN THE EXCEPTION PRESCRIBED IN PARAGRAPH 4301-3-C-/2), WITH RESPECT TO STATION ALLOWANCES FOR QUARTERS, HE IS ENTITLED TO RECEIVE STATION ALLOWANCES FOR SUBSISTENCE AND QUARTERS AS A MEMBER WITH A DEPENDENT (SON) EFFECTIVE FROM APRIL 3, 1958. QUESTIONS (D) AND (F) ARE ANSWERED ACCORDINGLY.

TEMPORARY LODGING ALLOWANCES ARE PRESCRIBED IN PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS. SUCH ALLOWANCES ARE FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS, OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS IN CONNECTION WITH INITIAL ARRIVAL AT A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND PENDING ASSIGNMENT OF GOVERNMENT QUARTERS OR PENDING COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE. IT IS PROVIDED IN PARAGRAPH 4303-2 -B, THAT UPON INITIAL ASSIGNMENT TO A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND UPON SUBSEQUENT TRANSFER FROM ONE PERMANENT DUTY STATION OUTSIDE THE UNITED STATES TO ANOTHER PERMANENT DUTY STATION OUTSIDE THE UNITED STATES REQUIRING A CHANGE IN RESIDENCE, A MEMBER WHO IS NOT FURNISHED GOVERNMENT QUARTERS FOR HIMSELF, HIS DEPENDENTS, OR HIMSELF AND HIS DEPENDENTS, IF WITH DEPENDENTS, AT HIS NEW DUTY STATION AND WHO IS REQUIRED TO SECURE TEMPORARY LODGING ALLOWANCES FOR ANY PERIOD DURING THE FIRST 60 DAYS, IS ENTITLED TO A TEMPORARY LODGING ALLOWANCE AT THE RATES PRESCRIBED IN SUBPARAGRAPH 4303-3. SUBPARAGRAPH 4303-3-A (INSOFAR AS HEREIN PERTINENT TO CAPTAIN BOLLINGER'S STATUS AS A MEMBER WITH A DEPENDENT (SON) DURING THE PERIOD MARCH 1, 1958, TO APRIL 2, 1958), 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, JOINT TRAVEL REGULATIONS, FOR THE AREA IN WHICH THE MEMBER'S PERMANENT DUTY STATION IS LOCATED, BY 100 PERCENTUM IF THE MEMBER HAS ONE DEPENDENT, AND THE MEMBER AND HIS DEPENDENT ACTUALLY OCCUPY HOTEL ACCOMMODATIONS, AND BY 50 PERCENTUM IF THE MEMBER ONLY, OR ONE DEPENDENT ONLY, ACTUALLY OCCUPIES HOTEL ACCOMMODATIONS. AS ABOVE STATED, IT APPEARS THAT CAPTAIN BOLLINGER, ACCOMPANIED BY HIS SON (HIS SOLE DEPENDENTS) ARRIVED IN COPENHAGEN, DENMARK, ON MARCH 1, 1958, AND OCCUPIED HOTEL ACCOMMODATIONS UNTIL APRIL 2, 1958. HIS SON, HOWEVER, DEPARTED FROM COPENHAGEN ON MARCH 7, 1958, AND OCCUPIED DORMITORY QUARTERS AT THE USAFE DEPENDENT SCHOOL AT WIESBADEN, GERMANY, THROUGH APRIL 3, 1958. HENCE, A TEMPORARY LODGING ALLOWANCE AT THE RATE OF 100 PERCENTUM OF THE TRAVEL PER DIEM ALLOWANCE (BASED ON THE RATES THEN PRESCRIBED FOR COPENHAGEN, DENMARK) PROPERLY WAS PAYABLE TO CAPTAIN BOLLINGER FOR THE PERIOD MARCH 2 TO 6, 1958, INCLUSIVE, DURING WHICH HE AND HIS DEPENDENT (SON) ACTUALLY OCCUPIED HOTEL ACCOMMODATIONS. CAPTAIN BOLLINGER IS ENTITLED TO A TEMPORARY LODGING ALLOWANCE AT THE RATE OF 50 PER CENTUM OF THE TRAVEL PER DIEM ALLOWANCE THEN PRESCRIBED FOR COPENHAGEN, DENMARK, FOR THE PERIOD PRECEDING APRIL 2, 1958, THAT HE, ALONE, OCCUPIED HOTEL ACCOMMODATIONS, OR IN LIEU THEREOF, TO THE STATION ALLOWANCES (AS A MEMBER WITH A DEPENDENT-- - SEE ANSWERS TO QUESTIONS (D) AND (F), ABOVE) PRESCRIBED IN PARAGRAPH 4301, IF GREATER THAN THE TEMPORARY LODGING ALLOWANCE. SEE THE SAVINGS PROVISIONS PRESCRIBED IN PARAGRAPH 4303-3-B. QUESTION (C) IS ANSWERED ACCORDINGLY.