B-140755, OCT. 13, 1959

B-140755, OCT. 13, 1959

TO MR. L. G. WALKER, C/O FLEET POST OFFICE, SAN FRANCISCO, CALIFORNIA:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 3, 1959, OB:LGW:DD SER 46, REQUESTING A DECISION AS TO WHETHER THE PAY ACCOUNTS OF LIEUTENANT (JUNIOR GRADE) OTHO F. MEARS, III, 563449, USN, AND LIEUTENANT (JUNIOR GRADE) PAUL R. LITTLE, 565223, USN, MAY BE CREDITED WITH COST-OF-LIVING ALLOWANCES (STATION ALLOWANCE FOR SUBSISTENCE), AS MEMBERS WITHOUT DEPENDENTS UNDER THE PROVISIONS OF PARAGRAPH 4301-3B/1) OF THE JOINT TRAVEL REGULATIONS.

THE RECORD INDICATES THAT LIEUTENANTS MEARS AND LITTLE, ARE ATTACHED TO GUIDED MISSILE GROUP 10, BONHAM DETACHMENT, ALF BONHAM, KAUAI, HAWAII, A RELATIVELY ISOLATED STATION. IT IS SHOWN THAT ON NOVEMBER 15, 1958, LIEUTENANT LITTLE MOVED INTO PRIVATE RENTAL HOUSING LOCATED APPROXIMATELY TEN MILES FROM HIS PERMANENT DUTY STATION IN KEKAHA, KAUAI, AND THAT LIEUTENANT MEARS MOVED TO THE SAME LOCATION ON DECEMBER 5, 1958. THE COMMANDING OFFICER AT THEIR STATION AUTHORIZED CREDITING THEM WITH STATION ALLOWANCE FOR SUBSISTENCE EFFECTIVE NOVEMBER 15 AND DECEMBER 8, 1958, RESPECTIVELY. BACHELOR OFFICERS QUARTERS WERE DECLARED INADEQUATE EFFECTIVE JANUARY 15, 1959. IT IS STATED THAT THE GENERAL MESS AT BONHAM DETACHMENT IS MADE AVAILABLE TO OFFICERS FOR THREE MEALS A DAY AND IS A GOVERNMENT MESS AS DEFINED BY PARAGRAPH 1150-4 OF THE JOINT TRAVEL REGULATIONS; AND THAT BOTH OFFICERS AVAILED THEMSELVES OF THE GENERAL MESS FOR TWO MEALS A DAY ON WORK DAYS, BUT DID NOT AVAIL THEMSELVES OF THE EVENING MEAL ON WORK DAYS NOR ANY MEAL ON SATURDAYS, SUNDAYS AND HOLIDAYS, BECAUSE OF THE DISTANCE TO THEIR LIVING ACCOMMODATIONS.

PARAGRAPH 4301-3B (1) OF THE JOINT TRAVEL REGULATIONS, PROVIDES AS FOLLOWS:

"B. MEMBER WITHOUT DEPENDENTS

"/1) STATION ALLOWANCES FOR SUBSISTENCE. STATION ALLOWANCES FOR SUBSISTENCE ARE PAYABLE TO A MEMBER WITHOUT DEPENDENTS FOR ANY DAY UPON WHICH A GOVERNMENT MESS (3 MEALS A DAY) IS NOT AVAILABLE TO HIM AT HIS PERMANENT DUTY STATION OR WHEN THE MEMBER IS AUTHORIZED TO MESS SEPARATELY

WHILE THE QUOTED LANGUAGE MAY SUGGEST THAT PAYMENT OF STATION SUBSISTENCE ALLOWANCES IS AUTHORIZED UNLESS A GOVERNMENT MESS IS AVAILABLE FOR THREE MEALS PER DAY, SUBPARAGRAPH 5 OF SUCH REGULATIONS APPEARS TO GOVERN THE RIGHTS OF MEMBERS WITHOUT DEPENDENTS WHO ARE ABSENT FROM THEIR STATION FOR ONE OR MORE OF THE DAILY MEALS WHICH ARE AVAILABLE AT A GOVERNMENT MESS AT THAT PLACE. ALLOWANCES ARE PAYABLE ON THE PRO RATA BASIS THERE PROVIDED ONLY IN THE EVENT THAT THE MEMBER'S ,DUTY * * * REQUIRES HIM TO BE ABSENT FROM HIS STATION" DURING ONE OR MORE MEALS. SINCE A GOVERNMENT MESS WAS AVAILABLE AT THE OFFICERS' STATION AT KEICAHA AND IT IS CLEAR THAT THEIR ABSENCES FROM THAT PLACE DURING SOME OF THE HOURS MEALS WERE SERVED AT SUCH MESS, WERE NOT REQUIRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, NO RIGHT TO STATION SUBSISTENCE ALLOWANCES ACCRUED TO THEM.

ACCORDINGLY, THE OFFICERS MAY NOT BE CREDITED WITH STATION SUBSISTENCE ALLOWANCES DURING THE PERIODS INVOLVED.