B-140925, FEBRUARY 11, 1960, 39 COMP. GEN. 575

B-140925, FEBRUARY 11, 1960, 39 COMP. GEN. 575

MILITARY PERSONNEL - OVERSEAS - QUARTERS AND STATION ALLOWANCES - DEPENDENT ATTENDING SCHOOL A MEMBER OF THE UNIFORMED SERVICES, WITH DEPENDENTS, WHO IS NOT ASSIGNED TO AND DOES NOT OCCUPY GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES, EVEN THOUGH THE MEMBER'S DEPENDENTS ARE OCCUPYING GOVERNMENT QUARTERS NOT DESIGNATED AS FAMILY-TYPE QUARTERS--- AS FOR EXAMPLE, A MEMBER'S SON WHO OCCUPIES DORMITORY QUARTERS AT AN OVERSEAS AIR FORCE SCHOOL--- IS ENTITLED TO BASIC QUARTERS AS A MEMBER WITH DEPENDENTS. 38 COMP. GEN. 489, MODIFIED. A COST-OF-LIVING ALLOWANCE WHICH IS PAYABLE TO A MEMBER OF THE UNIFORMED SERVICES WHO DOES NOT HAVE GOVERNMENT QUARTERS AVAILABLE AT HIS PERMANENT DUTY STATION OVERSEAS FOR HIMSELF AND THREE DEPENDENTS IS NOT AFFECTED WHEN ONE OF THE DEPENDENTS IS TEMPORARILY ABSENT OCCUPYING DORMITORY QUARTERS AT AN OVERSEAS DEPENDENTS' SCHOOL SO THAT THE COST OF-LIVING ALLOWANCE CONTINUES TO BE PAYABLE AT THE SAME RATE AS WHEN ALL THREE DEPENDENTS ARE PRESENT AT THE MEMBER'S STATION. A REGULATION TO AUTHORIZE A QUARTERS ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES FOR THE DAY ON WHICH THE MEMBER REPORTS TO A NEW STATION, IN THE CASE OF MEMBERS WHO ARE NOT PAID A QUARTERS ALLOWANCE ON THE DAY OF DETACHMENT FROM THE OLD STATION, WOULD BE PROPER UNDER SECTION 302 (E) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 252 (E), WHICH AUTHORIZES THE PROMULGATION OF UNIFORM REGULATIONS, PROVIDED THAT THE REGULATIONS DO NOT AUTHORIZE QUARTERS ALLOWANCE FOR BOTH THE DAY OF DETACHMENT AND THE DAY OF ASSIGNMENT OF QUARTERS AT THE NEW STATION. UNDER THE QUARTERS ALLOWANCE PROVISIONS IN SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, THE OCCUPANCY OF HOTEL-TYPE GOVERNMENT QUARTERS FOR PORTIONS OF 2 CALENDAR DAYS--- ONE NIGHT--- BY A MEMBER OF THE UNIFORMED SERVICES AND HIS DEPENDENTS DOES NOT REQUIRE THAT THE MEMBER LOSE ENTITLEMENT TO A QUARTERS ALLOWANCE FOR 2 DAYS, AND A REGULATION WHICH WOULD REQUIRE THE LOSS OF THE QUARTERS ALLOWANCE FOR ONLY 1 DAY WOULD BE PROPER UNDER THE ACT.

TO THE SECRETARY OF DEFENSE, FEBRUARY 11, 1960:

REFERENCE IS MADE TO LETTER OF OCTOBER 2, 1959, FROM THE ACTING ASSISTANT SECRETARY OF DEFENSE ( COMPTROLLER) REQUESTING DECISION WHETHER A MEMBER OF THE UNIFORMED SERVICES MAY BE CREDITED WITH BASIC ALLOWANCES FOR QUARTERS WITH DEPENDENTS UNDER VARIOUS CIRCUMSTANCES DISCUSSED AND SET FORTH IN COMMITTEE ACTION NO. 248 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

IN ADDITION A DECISION IS REQUESTED ON A RELATED QUESTION CONTAINED IN THE COMMITTEE ACTION, PERTAINING TO STATION ALLOWANCE, WHICH IS OF INTEREST TO THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ( CONTROL NO. 59-39).

THE QUESTIONS PRESENTED WILL BE QUOTED AND ANSWERED IN THE ORDER PRESENTED. QUESTION 1 IS AS FOLLOWS:

1. MAY A MEMBER OF THE UNIFORMED SERVICES BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH DEPENDENTS WHEN HE IS NOT ASSIGNED AND DOES NOT OCCUPY GOVERNMENT QUARTERS IF HIS DEPENDENTS ARE OCCUPYING GOVERNMENT QUARTERS?

IN THE DISCUSSION ACCOMPANYING QUESTION 1, REFERENCE IS MADE TO SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 252 (E); SECTION 3 OF EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, 16 F.R. 417; OUR DECISION B-96991, DATED MARCH 19, 1951 (REPLY TO QUESTION 5), AND OUR DECISION DATED JANUARY 13, 1959, 38 COMP. GEN. 489. SUCH DISCUSSION INDICATES THAT A CONFLICT EXISTS BETWEEN OUR DECISIONS B-96991 AND B- 137740, THE CONCLUSIONS REACHED WITH RESPECT TO THE PROHIBITORY EFFECT OF SECTION 302 (B) OF THE CAREER COMPENSATION ACT IN THE ONE CASE BEING INCONSISTENT WITH THE INTERPRETATION OF SECTION 3 OF EXECUTIVE ORDER NO. 10204 IN THE OTHER. THE TWO CASES INVOLVE A SIMILAR FACTUAL SITUATION, THAT IS, THE MEMBER DID NOT OCCUPY PUBLIC QUARTERS AND HIS DEPENDENT, WHO WAS NOT A MEMBER OF THE ARMED SERVICES, RESIDED IN QUARTERS FURNISHED BY THE GOVERNMENT.

IN B-96991, MARCH 19, 1951 (ANSWER TO QUESTION 5), WE HELD THAT THE ONE ROOM OCCUPIED BY THE ENLISTED MAN'S WIFE INCIDENT TO HER EMPLOYMENT AS A MAID IN A COMMISSIONED OFFICER'S QUARTERS AT A NEARBY MILITARY INSTALLATION AND NOT OCCUPIED BY THE ENLISTED MAN (HE NOT BEING ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE ARMED FORCES) MAY NOT BE CONSIDERED AS ADEQUATE QUARTERS ASSIGNED TO THE ENLISTED MAN AND HIS DEPENDENTS WITHIN THE MEANING OF THE RESTRICTIVE PROVISIONS CONTAINED IN SECTION 302 (B).

IN B-137740, THE OFFICER INVOLVED WAS NOT ASSIGNED GOVERNMENT QUARTERS, BUT HIS ONLY DEPENDENT, A SON, OCCUPIED DORMITORY QUARTERS AT A USAFE SCHOOL IN GERMANY. WE HELD IN THAT CASE THAT UNDER THE LANGUAGE OF EXECUTIVE ORDER NO. 10204, THE OFFICER WAS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITHOUT DEPENDENTS ON THOSE DAYS WHEN HIS SON ACTUALLY OCCUPIED DORMITORY QUARTERS, AND AS A MEMBER WITH DEPENDENTS WHEN HIS SON WAS HOME ON WEEKENDS OR VACATION.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, PROVIDES THAT, EXCEPT AS OTHERWISE PROVIDED BY LAW, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS PROVIDED THEREIN; 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" AND THAT THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THAT SECTION. PARAGRAPH 3 OF EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, 16 F.R. 417, PROVIDES THAT:

ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES (A) BY A MEMBER AND HIS DEPENDENTS, OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, OR (C) BY THE DEPENDENTS OF A MEMBER ON FIELD DUTY OR SEA DUTY OR ON DUTY AT A STATION WHRE 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.

BASED UPON AND LIMITED TO SITUATIONS ANALOGOUS TO THAT ENCOMPASSED IN ANSWER TO QUESTION 5 OF B-96991, ABOVE, AND ASSUMING THAT QUESTION 1 OF YOUR PRESENT SUBMISSION IS ADDRESSED TO A LIKE SITUATION IT MAY BE SAID THAT, IN GENERAL, WHERE A MEMBER WITH DEPENDENTS (CIVILIAN) IS NEITHER ASSIGNED TO NOR OCCUPIES GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES, SUCH MEMBER IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH DEPENDENTS, EVEN THOUGH HIS DEPENDENTS (CIVILIAN) ARE OCCUPYING GOVERNMENT QUARTERS NOT DESIGNATED AS FAMILY TYPE QUARTERS.

ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE AND INSOFAR AS OUR HOLDING IN B-137740, DATED JANUARY 13, 1959, 38 COMP. GEN. 489, MAY BE IN CONFLICT WITH THE ABOVE RULE, IT WILL NO LONGER BE FOLLOWED.

QUESTION 2. IF THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, MAY A MEMBER BE CREDITED WITH BASIC ALLOWANCE FOR QUARTERS AS A MEMBER WITH DEPENDENTS IF HE HAS TWO DEPENDENTS IN ADDITION TO THE ONE OCCUPYING A GOVERNMENT DEPENDENT SCHOOL DORMITORY OR OTHER TYPE OF GOVERNMENT QUARTERS AND NO GOVERNMENT QUARTERS ARE AVAILABLE FOR HIS DEPENDENTS AT HIS PERMANENT DUTY STATION? IN THE CASE OF AN ENLISTED MEMBER, WOULD THE RATE OF BASIC ALLOWANCE FOR QUARTERS BE BASED ON THE NUMBER OF DEPENDENTS NOT OCCUPYING GOVERNMENT QUARTERS?

QUESTION 1 HAVING BEEN ANSWERED IN THE AFFIRMATIVE, NO REPLY TO QUESTION 2 IS DEEMED NECESSARY, BUT COMPARE 34 COMP. GEN. 436.

QUESTION 3. IF A MEMBER HAS TWO DEPENDENTS IN ADDITION TO THE ONE OCCUPYING A SCHOOL DORMITORY AND NO GOVERNMENT QUARTERS ARE AVAILABLE FOR THEM AT HIS PERMANENT DUTY STATION, WILL STATION ALLOWANCES (COST OF LIVING ALLOWANCE) CONTINUE AT THE SAME RATE AS DURING SUMMER VACATION WHEN ALL THREE DEPENDENTS ARE PRESENT AT THE MEMBER'S PERMANENT DUTY STATION?

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, UNDER WHICH PAYMENT OF A COST-OF-LIVING ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OVERSEAS HAS BEEN AUTHORIZED, HAS BEEN CONSTRUED AS INTENDED ONLY TO AFFORD MEMBER'S RELIEF FROM THE HIGHER COSTS OF MAINTAINING THEIR DEPENDENTS, AS WELL AS THEMSELVES, AT AN OVERSEAS STATION AS DISTINGUISHED FROM ANY INCREASED EXPENSES WHICH MIGHT RESULT FROM MAINTAINING A SEPARATE ESTABLISHMENT FOR DEPENDENTS IN THE UNITED STATES OR ELSEWHERE AT A PLACE OF THE MEMBER'S OWN CHOOSING. 36 COMP. GEN. 274.

EFFECTIVE FEBRUARY 1, 1959, CHANGE NO. 77 (SEE APPENDIX B AND C) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED REGULATIONS UNDER WHICH A MEMBER STATIONED OUTSIDE THE UNITED STATES, AND WHOSE DEPENDENTS RESIDE IN THE VICINITY OF HIS STATION, IS ENTITLED TO A COST-OF-LIVING ALLOWANCE, THE AMOUNT OF THE ALLOWANCE VARYING WITH THE LOCATION OF THE STATION AND THE NUMBER OF HIS DEPENDENTS.

PARAGRAPH 4301-3C (1), JOINT TRAVEL REGULATIONS AUTHORIZES PAYMENT OF A COST-OF-LIVING ALLOWANCE TO MEMBERS WITH DEPENDENTS (WITH CERTAIN EXCEPTIONS NOT HERE APPLICABLE) IF THE DEPENDENTS RESIDE IN THE VICINITY OF THE MEMBER'S DUTY STATION OUTSIDE THE UNITED STATES. IT IS ASSUMED THAT THE MEMBER MENTIONED IN QUESTION 3 HAD THREE DEPENDENTS WITHIN THE MEANING OF THE REGULATIONS THROUGHOUT THE YEAR. THE TEMPORARY ABSENCE OF ONE DEPENDENT ATTENDING A BOARDING SCHOOL OUTSIDE OF THE UNITED STATES IS NOT REGARDED AS AFFECTING THE COST-OF-LIVING ALLOWANCE.

QUESTION 3 IS ANSWERED IN THE AFFIRMATIVE.

QUESTIONS 4 AND 5 WILL BE CONSIDERED TOGETHER. QUESTION 4. THE FAMILY- TYPE QUARTERS ASSIGNED TO A MEMBER WITH DEPENDENTS ARE TERMINATED AT STATION A ON 1 JULY, DATE OF DEPARTURE THEREFROM, AND PURSUANT TO HIS ORDERS HE REPORTS FOR DUTY AT STATION B ON 15 JULY, HAVING BEEN INA LEAVE AND TRAVEL STATUS DURING THE INTERIM PERIOD. NO FAMILY-TYPE QUARTERS ARE AVAILABLE AT STATION B. IS HE ENTITLED TO BAQ CREDIT FROM 1 JULY OR 2 JULY?

QUESTION 5. NO FAMILY-TYPE QUARTERS HAVE BEEN AVAILABLE TO A MEMBER AT STATION A AND AS A CONSEQUENCE HE HAS BEEN IN RECEIPT OF BAQ. HE DEPARTS FROM STATION A ON 1 JULY AND PURSUANT TO HIS ORDERS REPORTS FOR DUTY AT STATION B ON 15 JULY, HAVING BEEN IN A LEAVE AND TRAVEL STATUS DURING THE INTERIM PERIOD. FAMILY-TYPE QUARTERS ARE ASSIGNED TO HIM AT STATION B ON 15 JULY. IS HE ENTITLED TO BAQ FOR THE PERIOD OF 1 TO 15 JULY INCLUSIVE OR ONLY FOR THE INCLUSIVE PERIOD OF 1 TO 14 JULY?

IN THE COMMITTEE ACTION DISCUSSION OF QUESTIONS 4 AND 5, IT IS STATED THAT THE MEMBER INVOLVED IN THE FOURTH QUESTION SHOULD BE ENTITLED TO BAQ FOR THE INCLUSIVE PERIOD OF 1 TO 15 JULY, SINCE FOR SUCH PERIOD HE WILL BE OBLIGED TO OBTAIN NON-GOVERNMENT HOUSING ACCOMMODATIONS; THAT THE SAME OBLIGATION WOULD HOLD TRUE TO THE MEMBER IN THE FIFTH QUESTION WITH RESPECT TO THE PERIOD OF 1 TO 14 JULY, INCLUSIVE, AND THAT IT APPEARS, THEREFORE, THAT HE SHOULD BE ENTITLED TO BAQ FOR THE INCLUSIVE PERIOD 1 TO 14 JULY. THE DISCUSSION STATES THAT QUESTIONS 4, 5, AND 6 ARE SUBMITTED IN CONNECTION WITH THE HOLDING IN B-138373, DATED APRIL 22, 1959, 38 COMP. GEN. 713. IN THAT DECISION WE CONSIDERED THE QUESTION WHETHER REGULATIONS OF THE UNIFORMED SERVICES MAY BE AMENDED TO AUTHORIZE PAYMENT OF BASIC ALLOWANCES FOR QUARTERS ON THE DATE GOVERNMENT QUARTERS ARE TERMINATED, PROVIDED NO OTHER GOVERNMENT QUARTERS ARE THEREAFTER ASSIGNED ON THE SAME DATE. WE THERE HELD, QUOTING THE SYLLABUS:

THE LONG-STANDING RULE THAT PAYMENT OF QUARTERS ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES SHOULD NOT BE PAID ON THE BASIS OF A FRACTIONAL PART OF A DAY IS APPLICABLE TO THE BASIC QUARTERS ALLOWANCE AUTHORIZED IN SECTION 302 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 252 B); THEREFORE, AMENDMENT OF THE REGULATIONS TO PERMIT PAYMENT OF A QUARTERS ALLOWANCE ON THE DATE GOVERNMENT QUARTERS ARE VACATED WOULD NOT BE PROPER.

WE ADHERED TO THE RULE THAT NO ALLOWANCE FOR QUARTERS ACCRUES TO A MEMBER ON THE DATE HIS ASSIGNMENT TO QUARTERS AT HIS PERMANENT STATION IS TERMINATED.

THE REGULATIONS OF THE SEVERAL ARMED SERVICES PROVIDE, HOWEVER, THAT THE BASIC ALLOWANCE FOR QUARTERS DOES NOT ACCRUE ON THE DATE OF ASSIGNMENT OR TERMINATION OF QUARTERS. UNDER THE PROVISIONS OF THE PRESENT SERVICE REGULATIONS, THE MEMBER IN QUESTION 4 WOULD BE ENTITLED TO THE QUARTERS ALLOWANCE ONLY FOR THE PERIOD BEGINNING JULY 2, SINCE HIS ASSIGNMENT TO QUARTERS TERMINATED ON JULY 1 AND HE WOULD NOT BE ENTITLED TO THE QUARTERS ALLOWANCE FOR THAT DAY; THE MEMBER IN QUESTION 5 WOULD BE ENTITLED TO THE QUARTERS ALLOWANCE ONLY THROUGH JULY 14, SINCE HE WAS ASSIGNED QUARTERS AT THE NEW STATION ON THE 15TH.

THE EFFECT OF THE SERVICE REGULATIONS MAY BETTER BE ILLUSTRATED IN A CASE WHERE A MEMBER'S QUARTERS ASSIGNMENT IS TERMINATED AT HIS OLD STATION ON JULY 1 AND HE IS ASSIGNED QUARTERS AT HIS NEW STATION ON JULY 15. IN THAT SITUATION UNDER THE SERVICE REGULATIONS HE WOULD BE ENTITLED TO THE QUARTERS ALLOWANCE FOR ONLY 13 DAYS, FROM JULY 2 TO 14. APPARENTLY THE SERVICE REGULATIONS ARE BASED ON THE VIEW THAT, SINCE THE QUARTERS ALLOWANCE IS A DAILY ALLOWANCE AND A DAY IS NOT FRACTIONIZED (5 COMP. GEN. 723), A RIGHT TO THE QUARTERS ALLOWANCE DOES NOT ACCRUE TO A MEMBER ON ANY DAY IN WHICH HE IS ASSIGNED QUARTERS. HOWEVER, NEITHER THE DECISION OF APRIL 22, 1959, 38 COMP. GEN. 713, NOR THE PRECEDENT ON WHICH THAT DECISION WAS BASED, REQUIRES THAT PAYMENT OF BASIC ALLOWANCE FOR QUARTERS BE DENIED IN ALL CASES ON THE DAY OF ASSIGNMENT TO QUARTERS. IN FACT, THAT DECISION INDICATED THAT PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE DAY OF DETACHMENT AT A STATION WHERE QUARTERS WERE NOT ASSIGNED COULD BE AUTHORIZED EVEN THOUGH THE MEMBER REPORTS AT HIS NEW STATION ON THE SAME DAY THAT HE IS DETACHED AND IS ASSIGNED QUARTERS ON THAT DAY.

SECTION 302 (E) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 252 (E), PROVIDES THAT THE PRESIDENT MAY PRESCRIBE REGULATIONS GOVERNING PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS UNDER THAT SECTION. EXECUTIVE ORDER NO. 10204, JANUARY 16, 1951, THE PRESIDENT PRESCRIBED SUCH REGULATIONS AND IN PARAGRAPH 6 HE AUTHORIZED THE SEVERAL SERVICE SECRETARIES TO PRESCRIBE SUPPLEMENTARY REGULATIONS, WITH THE REQUIREMENT THAT THEY BE UNIFORM FOR ALL THE SERVICES TO THE EXTENT PRACTICABLE. SEE IN THAT CONNECTION SECTION 4 OF THE ACT OF SEPTEMBER 2, 1957, 71 STAT. 597, 37 U.S.C. 324. IF THE SEVERAL SECRETARIES DETERMINE THAT A MEMBER WHO IS NOT PAID BASIC ALLOWANCE FOR QUARTERS ON THE DAY OF DETACHMENT FROM ONE STATION BECAUSE HE HAD BEEN ASSIGNED QUARTERS AT THAT STATION SHOULD BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON THE DATE OF REPORTING AT HIS NEW STATION EVEN THOUGH HE IS ASSIGNED QUARTERS FOR PART OF THE DAY OF REPORTING AT THE NEW STATION, THE FOREGOING STATUTE AND EXECUTIVE ORDER WOULD SEEM TO PERMIT THE ISSUANCE OF REGULATIONS TO THAT EFFECT. SUCH REGULATIONS SHOULD NOT, HOWEVER, PURPORT TO AUTHORIZE QUARTERS ALLOWANCE FOR BOTH THE DAY OF DETACHMENT FROM THE OLD STATION AND THE DAY OF ASSIGNMENT OF QUARTERS AT THE NEW STATION AND, HENCE, THE MEMBER DESCRIBED IN QUESTION 5 WOULD BE ENTITLED TO THE QUARTERS ALLOWANCE FOR THE PERIOD JULY 1 TO 14. QUESTION 6. A MEMBER AND HIS DEPENDENTS OCCUPY HOTEL TYPE GOVERNMENT QUARTERS FROM 1300 ON 10 JULY TO 1000 ON 11 JULY. DOES THE MEMBER LOSE ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS FOR TWO DAYS? WHILE THE MEMBER IN QUESTION 6 HAS OCCUPIED QUARTERS FOR A PORTION OF 2 CALENDAR DAYS, HE ACTUALLY WAS PROVIDED WITH QUARTERS FOR ONLY ONE NIGHT. WE ARE OF THE OPINION THAT REGULATIONS, CONSISTENT WITH THE ANSWERS TO THE PRIOR QUESTIONS, WHICH WOULD REQUIRE THE LOSS OF BASIC ALLOWANCE FOR QUARTERS FOR ONLY ONE DAY UNDER THE CIRCUMSTANCES DESCRIBED IN QUESTION 6 WOULD BE WITHIN THE STATUTE AND THE EXECUTIVE ORDER.