B-143587, NOVEMBER 14, 1960, 40 COMP. GEN. 271

B-143587: Nov 14, 1960

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ARRIVE AT THE HOME PORT WHILE THE MEMBER IS IN A TRAVEL STATUS RECEIVING PER DIEM BUT PRIOR TO THE ARRIVAL OF THE SHIP OR PRIOR TO HIS REPORTING ABOARD THE VESSEL IS ENTITLED TO RECEIVE STATION ALLOWANCES COMMENCING WITH THE ARRIVAL OF THE DEPENDENTS. HAS HIS DEPENDENTS ARRIVE AT THE HOME PORT PRIOR TO HIS REPORTING TO DUTY IS ENTITLED TO CONTINUE TO RECEIVE THE TRAVEL PER DIEM UNTIL REPORTING ABOARD THE VESSEL AND. ALTHOUGH THE RIGHT TO STATION ALLOWANCES IS NOT AFFECTED. PERFORMS TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD THE VESSEL FOR DUTY BUT AFTER HIS DEPENDENTS HAVE ARRIVED AT THE HOME PORT DOES NOT AFFECT ENTITLEMENT TO STATION ALLOWANCES OR TO TRAVEL PER DIEM. HIS DEPARTURE FROM A SHORE STATION OUTSIDE THE UNITED STATES IS DELAYED FOR PERFORMANCE OF TEMPORARY DUTY WITHIN THE LIMITS OF THE OLD STATION.

B-143587, NOVEMBER 14, 1960, 40 COMP. GEN. 271

MILITARY PERSONNEL - STATION ALLOWANCES - COMMENCEMENT AND TERMINATION - CHANGES OF STATION OUTSIDE THE UNITED STATES A NAVY MEMBER WHOSE DEPENDENTS, INCIDENT TO A PERMANENT CHANGE OF STATION TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES, ARRIVE AT THE HOME PORT WHILE THE MEMBER IS IN A TRAVEL STATUS RECEIVING PER DIEM BUT PRIOR TO THE ARRIVAL OF THE SHIP OR PRIOR TO HIS REPORTING ABOARD THE VESSEL IS ENTITLED TO RECEIVE STATION ALLOWANCES COMMENCING WITH THE ARRIVAL OF THE DEPENDENTS. A NAVY MEMBER WHO, WHILE IN RECEIPT OF TRAVEL PER DIEM INCIDENT TO A PERMANENT CHANGE OF STATION TO A VESSEL HAVING A HOME PORT OUTSIDE OF THE UNITED STATES, HAS HIS DEPENDENTS ARRIVE AT THE HOME PORT PRIOR TO HIS REPORTING TO DUTY IS ENTITLED TO CONTINUE TO RECEIVE THE TRAVEL PER DIEM UNTIL REPORTING ABOARD THE VESSEL AND, ALTHOUGH THE RIGHT TO STATION ALLOWANCES IS NOT AFFECTED, THE RECEIPT OF TRAVEL PER DIEM REQUIRES THAT TEMPORARY LODGING ALLOWANCE PAYABLE UNDER PARAGRAPH 4303 3 OF THE JOINT TRAVEL REGULATIONS BE REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER. THE FACT THAT A NAVY MEMBER WHO, INCIDENT TO A PERMANENT CHANGE OF STATION TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES, PERFORMS TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD THE VESSEL FOR DUTY BUT AFTER HIS DEPENDENTS HAVE ARRIVED AT THE HOME PORT DOES NOT AFFECT ENTITLEMENT TO STATION ALLOWANCES OR TO TRAVEL PER DIEM. THE ENTITLEMENT OF A NAVY MEMBER WITH DEPENDENTS TO STATION ALLOWANCES WHEN, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS, HIS DEPARTURE FROM A SHORE STATION OUTSIDE THE UNITED STATES IS DELAYED FOR PERFORMANCE OF TEMPORARY DUTY WITHIN THE LIMITS OF THE OLD STATION, TO COMPLETE TRANSPORTATION ARRANGEMENTS, BECAUSE OF UNANTICIPATED DELAY IN THE DEPARTURE OF SCHEDULED TRANSPORTATION OR FOR LEAVE NOT INVOLVING RETURN TO THE UNITED STATES IS NOT TERMINATED, AND THE MEMBER MAY BE PAID STATION ALLOWANCES BETWEEN THE DATE OF DETACHMENT AND THE DATE OF DEPARTURE SUBJECT TO PARAGRAPH 4303-2C OF THE JOINT TRAVEL REGULATIONS WHICH LIMITS ENTITLEMENT TO THE TEMPORARY LODGING ALLOWANCE TO THE LAST 10 DAYS PRECEDING THE DATE OF DEPARTURE OF THE MEMBER FROM THE OLD STATION. A NAVY MEMBER WITH DEPENDENTS WHO, UPON PERMANENT CHANGE OF STATION, IS DETACHED FROM A SHORE STATION OUTSIDE THE UNITED STATES AND ORDERED TO A NEARBY POINT NOT WITHIN THE LIMITS OF HIS OLD DUTY STATION BUT WITHIN THE "VICINITY," AS DEFINED IN PARAGRAPH 4300-3 OF THE JOINT TRAVEL REGULATIONS, FOR TEMPORARY DUTY OR TO AWAIT TRANSPORTATION IS NOT ENTITLED TO STATION ALLOWANCES AFTER THE DATE OF DETACHMENT FROM THE OLD STATION, SINCE THE TERM "VICINITY" AS USED IN PARAGRAPH 4300-3 IS SIGNIFICANT ONLY IN ESTABLISHING THE MEMBER'S DEPENDENCY STATUS FOR STATION ALLOWANCES AND SUCH ALLOWANCES WHICH ARE PERMANENT STATION EMOLUMENTS ARE TERMINATED UNDER PARAGRAPH 4301-3 OF THE JOINT TRAVEL REGULATIONS ON THE BASIS OF THE MEMBER'S DEPARTURE FROM THE PERMANENT STATION SO THAT THE MEMBER COULD NOT RECEIVE STATION ALLOWANCES FOR PERIODS OF TEMPORARY DUTY AT NEARBY POINTS AFTER SUCH DEPARTURE. A NAVY MEMBER WHO, UPON PERMANENT CHANGE OF STATION, IS DETACHED FROM A VESSEL HAVING A HOME PORT OUTSIDE THE UNITED STATES AND WHO IS ORDERED TO TEMPORARY DUTY IS NOT ENTITLED TO STATION ALLOWANCES BETWEEN DATE OF DETACHMENT AND DATE OF DEPARTURE OF HIS DEPENDENTS FROM THE HOME PORT, REGARDLESS OF WHETHER THE PLACE OF DELAY IS THE HOME PORT OR SOME OTHER PLACE, SINCE ENTITLEMENT TO STATION ALLOWANCES TERMINATES UNDER PARAGRAPH 4301-3A OF THE JOINT TRAVEL REGULATIONS ON THE DAY PRIOR TO THE DAY OF THE MEMBER'S DEPARTURE FROM THE PERMANENT DUTY STATION IN ALL CASES, AND UPON DETACHMENT FROM THE VESSEL ON CHANGE OF STATION THE MEMBER IS COMPLETELY DISASSOCIATED FROM HIS FORMER DUTY STATION AND THERE IS AN ACTUAL DEPARTURE FROM SUCH STATION EVEN IF HE REMAINS AT THE HOME PORT OF THE VESSEL, THE STATUS OF THE HOME PORT AS PART OF HIS DUTY STATION BEING CONTINGENT UPON AN EXISTING ASSIGNMENT TO A VESSEL; HOWEVER, UPON DETACHMENT THE MEMBER WOULD ACQUIRE A TRAVEL STATUS INCIDENT TO THE CHANGE OF STATION AND WOULD BE ENTITLED TO TRAVEL PER DIEM.

TO THE SECRETARY OF THE NAVY, NOVEMBER 14, 1960:

REFERENCE IS MADE TO LETTER OF JULY 7, 1960, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES), PDTATAC CONTROL NO. 60-25, REQUESTING DECISION AS TO ENTITLEMENT OF MEMBERS OF THE UNIFORMED SERVICES TO STATION ALLOWANCES OUTSIDE THE UNITED STATES UNDER VARIOUS CIRCUMSTANCES.

QUESTION 1 SUBMITTED BY THE ASSISTANT SECRETARY IS AS FOLLOWS:

A MEMBER UPON PERMANENT CHANGE OF STATION IS ORDERED TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES. HE IS DIRECTED TO THIS HOME PORT FOR TRANSPORTATION TO THE SHIP, OR TO AWAIT ITS ARRIVAL. AFTER THE DATE OF THE MEMBER'S DETACHMENT FROM THE OLD STATION AND PRIOR TO THE ARRIVAL OF THE SHIP, OR PRIOR TO HIS REPORTING ABOARD FOR DUTY, HIS DEPENDENTS ARRIVE AT THE HOME PORT IN ADVANCE OF THE MEMBER. ASSUMING THAT AT THE TIME OF ARRIVAL OF THE DEPENDENTS, AND THEREAFTER UNTIL REPORTING ABOARD HIS SHIP FOR DUTY, THE MEMBER IS IN A TRAVEL STATUS AND ENTITLED TO TRAVEL PER DIEM ALLOWANCES, AND FURTHER ASSUMING THAT OTHER CONDITIONS OF ENTITLEMENT ARE MET,

A. DOES ENTITLEMENT TO STATION ALLOWANCES COMMENCE WITH THE ARRIVAL OF THE DEPENDENTS?

B. DOES THE MEMBER'S TRAVEL STATUS AND HIS ASSUMED ENTITLEMENT TO TRAVEL PER DIEM ALLOWANCES AFFECT HIS ENTITLEMENT TO STATION ALLOWANCES, SUCH AS THE RATES PAYABLE FOR TEMPORARY LODGING ALLOWANCES PROVIDED IN PARAGRAPH 4303-3, JOINT TRAVEL REGULATIONS?

C. ON THE ASSUMPTION THAT THE PERMANENT CHANGE OF STATION ORDERS INVOLVED THE PERFORMANCE OF TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD FOR DUTY, WOULD THIS FACTOR CHANGE THE ANSWERS TO A. OR B. ABOVE?

IN HIS DISCUSSION OF THE ABOVE QUESTION, THE ASSISTANT SECRETARY REFERS TO DECISION B-139216 OF JUNE 19, 1959, WHICH, HE SAYS, HELD THAT THE MEMBER WAS NOT ENTITLED TO THE TEMPORARY LODGING ALLOWANCE AT THE TRAVEL PER DIEM RATE FOR THE SAME PERIOD FOR WHICH HE WAS PAID TRAVEL PER DIEM, AND TO DECISION B-127774 OF AUGUST 2, 1956, IN WHICH IT WAS HELD THAT THE FACT THAT AN OFFICER IS DIRECTED TO PERFORM TEMPORARY DUTY IN A CITY IN WHICH HE HAS ESTABLISHED A HOME FOR HIS FAMILY HAS NOT BEEN REGARDED AS A CIRCUMSTANCE WHICH AFFECTS HIS RIGHTS TO PER DIEM OTHERWISE PAYABLE TO HIM.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (B), PROVIDES THAT 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. PARAGRAPH 4301-4 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN DEPENDENTS ARRIVE AT OR IN THE VICINITY OF THE MEMBER'S PERMANENT DUTY STATION OUTSIDE THE UNITED STATES, ENTITLEMENT TO HOUSING AND COST-OF-LIVING ALLOWANCES WILL COMMENCE WITH THE DAY OF ARRIVAL OF DEPENDENTS IF ON OR AFTER THE EFFECTIVE DATE OF THE CHANGE OF STATION ORDERS, OR THE EFFECTIVE DATE OF SUCH ORDERS, WHICHEVER IS LATER. WHEN THE OLD STATION IS IN THE UNITED STATES, ENTITLEMENT WILL BEGIN ON THE DAY OF ARRIVAL OF DEPENDENTS IF ON OR AFTER THE EFFECTIVE DATE OF ORDERS DIRECTING THE CHANGE OF STATION, OR THE DATE OF DEPARTURE OF THE MEMBER FROM THE UNITED STATES, WHICHEVER IS LATER. HOWEVER, IN CASE A VESSEL HAVING A HOME PORT OR HOME YARD OUTSIDE THE UNITED STATES IS AT A PORT IN THE UNITED STATES ON THE DATE THE MEMBER REPORTS FOR DUTY, THE DATE OF REPORTING WILL BE CONSIDERED TO BE THE DATE OF DEPARTURE FROM THE UNITED STATES.

PARAGRAPHS 1150-10A, 3050, AND 4304 OF THE JOINT TRAVEL REGULATIONS, AND DECISIONS OF THIS OFFICE, INCLUDING B-127774 CITED ABOVE, ESTABLISH (1) THAT A VESSEL IS THE PERMANENT DUTY STATION OF A MEMBER WHO IS ASSIGNED TO DUTY ABOARD SUCH VESSEL; (2) THAT A MEMBER EN ROUTE ON PERMANENT CHANGE OF STATION ORDERS IS IN A TRAVEL STATUS UNTIL HE REPORTS ABOARD THE VESSEL OR REACHES THE PORT TO WHICH ORDERED IF THE VESSEL TO WHICH ASSIGNED IS IN PORT UPON HIS ARRIVAL; AND (3) THAT THE HOME YARD AND HOME PORT OF THE VESSEL ARE INCLUDED AS A PART OF THE PERMANENT DUTY STATION ONLY INSOFAR AS CONCERNS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AND FOR THE PURPOSE OF ENTITLEMENT TO STATION ALLOWANCES. IN DECISION B-139216, CITED ABOVE, THERE WAS INVOLVED A CLAIM FOR TEMPORARY LODGING ALLOWANCE FOR THE PERIOD FEBRUARY 9 TO 27, 1956, TRAVEL PER DIEM HAVING ALREADY BEEN PAID FOR A PORTION OF THAT PERIOD. PARAGRAPH 4303-2A OF THE JOINT TRAVEL REGULATIONS THEN IN EFFECT AUTHORIZED THE TEMPORARY LODGING ALLOWANCE FOR THE FIRST 45 DAYS IN AN AMOUNT EQUAL TO THE TRAVEL PER DIEM ALLOWANCE FOR THE AREA REGARDLESS OF WHETHER THE MEMBER WAS WITH OR WITHOUT DEPENDENTS. IT WAS HELD IN THAT DECISION THAT THE MEMBER CONCERNED WITH ENTITLED TO TEMPORARY LODGING ALLOWANCE FOR THE PERIOD WHILE WITH HIS DEPENDENTS AT PEARL HARBOR, HAWAII, THE HOME PORT OF THE VESSEL TO WHICH HE WAS BEING TRANSFERRED, PRIOR TO FURTHER TRAVEL TO THE PORT WHERE HE REPORTED ABOARD THE VESSEL. ON THE BASIS, HOWEVER, THAT THE TRAVEL PER DIEM AND THE TEMPORARY LODGING ALLOWANCE AND A TRAVEL PER DIEM AND THAT THE TRAVEL PER DIEM WHICH HE HAD RECEIVED WOULD HAVE TO BE REFUNDED. RECONSIDERING THE MATTER IN THE LIGHT OF THE MEMBER'S TRAVEL STATUS WHILE WITH HIS DEPENDENTS, THE EXPRESS TRAVEL PER DIEM PROVISIONS OF THE REGULATIONS APPLICABLE TO SUCH STATUS, AND THE CONCLUSION REACHED IN THE DECISION OF AUGUST 2, 1956, WE BELIEVE THE INTERPRETATION PLACED UPON THAT DECISION BY THE ASSISTANT SECRETARY CONSTITUTES THE PROPER VIEW, THAT IS, THAT IT IS THE TEMPORARY LODGING ALLOWANCE WHICH IS NOT PAYABLE WHILE THE MEMBER IS RECEIVING A TRAVEL PER DIEM.

PARAGRAPH 4303-3 OF THE JOINT TRAVEL REGULATIONS CURRENTLY IN EFFECT DOES NOT PROVIDE A SINGLE TEMPORARY LODGING ALLOWANCE IN ALL CASES BUT PRORATES THE ALLOWANCE AMONG THE MEMBER AND HIS DEPENDENTS AND SETS FORTH THE PROPORTIONS OF THE TEMPORARY LODGING ALLOWANCE APPLICABLE TO THE MEMBER AND TO THE DEPENDENTS AND THE ALLOWANCE MAY BE MORE OR LESS THAN THE TRAVEL PER DIEM DEPENDING ON THE MEMBER'S DEPENDENCY STATUS. AS SO STATED A PORTION OF THE ALLOWANCE IS ATTRIBUTABLE TO THE DEPENDENTS AS DISTINGUISHED FROM THE MEMBER. IT IS INTENDED TO REIMBURSE THE MEMBER FOR NOT ONLY THE INCREASED COST ATTRIBUTABLE TO HIS OWN OCCUPANCY OF HOTEL- LIKE ACCOMMODATIONS FOR SHORT PERIODS BUT ALSO FOR THE INCREASED COSTS OF SUCH OCCUPANCY ATTRIBUTABLE TO HIS DEPENDENTS. CONSEQUENTLY, WHILE UNDER THE PRINCIPLE OF B-139216 OF JUNE 19, 1959, THE MEMBER WOULD NOT BE ENTITLED TO THE PORTION OF THE TEMPORARY LODGING ALLOWANCE APPLICABLE TO HIMSELF FOR THE SAME PERIODS HE IS IN A TRAVEL STATUS AND ENTITLED TO A TRAVEL PER DIEM, THE PORTION OF SUCH ALLOWANCE PROVIDED FOR HIS DEPENDENTS WOULD NOT BE AFFECTED BY HIS PER DIEM STATUS.

THUS, UNDER THE FACTS ASSUMED IN QUESTION ONE, YOU ARE ADVISED THAT (A) THE ENTITLEMENT TO STATION ALLOWANCES COMMENCES UPON ARRIVAL OF THE DEPENDENTS. AS TO (B), THE MEMBER'S ENTITLEMENT TO TRAVEL PER DIEM ALLOWANCE (LESS DEDUCTIONS REQUIRED BY PARAGRAPH 4254 OF THE JOINT TRAVEL REGULATIONS, WHERE APPLICABLE) CONTINUES UNTIL HE REPORTS ABOARD THE VESSEL. WHILE OTHER STATION ALLOWANCES WOULD NOT BE AFFECTED, IT IS OUR VIEW THAT THE RECEIPT OF TRAVEL PER DIEM REQUIRES THAT THE TEMPORARY LODGING ALLOWANCE PAYABLE UNDER PARAGRAPH 4303-3 OF THE JOINT TRAVEL REGULATIONS BE REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER HIMSELF. CONCERNING (C), THE PERFORMANCE OF TEMPORARY DUTY AT THE HOME PORT PRIOR TO REPORTING ABOARD THE VESSEL FOR DUTY WOULD NOT AFFECT THE ANSWERS TO PARTS (A) AND (B) OF THE QUESTION.

QUESTION 2 IS AS FOLLOWS:

A MEMBER WITH DEPENDENTS UPON PERMANENT CHANGE OF STATION IS DETACHED FROM A SHORE STATION OUTSIDE THE UNITED STATES. THE MEMBER DOES NOT IMMEDIATELY DEPART FROM THE LIMITS OF HIS OLD STATION ("LIMITS" OF PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10 (A), JOINT TRAVEL REGULATIONS). IS THE MEMBER ENTITLED TO APPLICABLE STATION ALLOWANCES BETWEEN THE DATE OF DETACHMENT AND THE DATE OF DEPARTURE FROM THE LIMITS OF HIS OLD STATION WHEN THE REASON FOR THE DELAYED DEPARTURE IS

A. PERFORMANCE OF TEMPORARY DUTY WITHIN THE LIMITS OF THE OLD STATION?

B. TO COMPLETE ARRANGEMENTS FOR TRANSPORTATION?

C. UNANTICIPATED DELAY IN THE DEPARTURE OF SCHEDULE TRANSPORTATION?

D. LEAVE (NOT INVOLVING RETURN TO THE UNITED STATES?)

PARAGRAPH 4301-3 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT HOUSING AND COST-OF-LIVING ALLOWANCES TERMINATE ON THE DAY PRIOR TO THE DAY OF DEPARTURE FROM THE PERMANENT STATION. THE PERIODS DURING WHICH A MEMBER WITH DEPENDENTS IS NOT ENTITLED TO THOSE ALLOWANCES, AS SET FORTH IN SUBPARAGRAPH C, DO NOT INCLUDE THE PERIODS LISTED IN THE QUESTION. ALSO, PARAGRAPH 4303-2C OF THE REGULATIONS PROVIDES THAT THE PERIOD OF ENTITLEMENT WILL BE THE LAST 10 DAYS PRECEDING THE DATE OF DEPARTURE OF THE MEMBER FROM HIS PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF-STATION ORDERS. ACCORDINGLY, APPLICABLE STATION ALLOWANCES MAY BE PAID BETWEEN THE DATE OF DETACHMENT AND THE DATE OF DEPARTURE UNDER THE CIRCUMSTANCES MENTIONED, LIMITED, OF COURSE, TO 10 DAYS IN THE CASE OF TEMPORARY LODGING ALLOWANCE.

THE THIRD QUESTION IS:

A MEMBER WITH DEPENDENTS UPON PERMANENT CHANGE OF STATION IS DETACHED FROM A SHORE STATION OUTSIDE THE UNITED STATES. THE MEMBER IS ORDERED TO A NEARBY POINT (NOT WITHIN THE LIMITS OF HIS OLD PERMANENT DUTY STATION AS DEFINED IN PARAGRAPH 1150-10 (A), JOINT TRAVEL REGULATIONS, BUT IN THE "VICINITY" AS DEFINED IN PARAGRAPH 4300-3 OF SAID REGULATIONS) FOR TEMPORARY DUTY OR TO AWAIT TRANSPORTATION. IS HE ENTITLED TO STATION ALLOWANCES OTHERWISE APPLICABLE BETWEEN THE DATE OF HIS DETACHMENT AND THE DATE OF HIS DEPARTURE FROM THE VICINITY?

IT IS STATED THAT SITUATIONS OF THIS NATURE ARE PARTICULARLY NUMEROUS IN HAWAII IN THE PEARL HARBOR AREA WHERE MEMBERS ARE DETACHED FROM STATIONS SUCH AS U.S. NAVAL AIR STATION, BARBERS POINT, OAHU, HAWAII, APPROXIMATELY 10 MILES FROM PEARL HARBOR. THE MEMBERS ARE DIRECTED TO PEARL HARBOR FOR TRANSPORTATION, NO GOVERNMENT QUARTERS OR MESS ARE AVAILABLE, AND IT IS NECESSARY FOR THE MEMBERS AND THEIR FAMILIES TO OCCUPY HOTEL-LIKE ACCOMMODATIONS WHILE TRANSPORTATION ARRANGEMENTS ARE COMPLETED. ALSO, IT IS STATED THAT IN SOME INSTANCES MEMBERS ARE ORDERED TO PERFORM TEMPORARY DUTY AT PEARL HARBOR AFTER DETACHMENT FROM A NEARBY SHORE STATION AND PERMANENT QUARTERS ARE NOT VACATED NOR HOTEL ACCOMMODATIONS REQUIRED UNTIL THE END OF THE TEMPORARY DUTY PERIOD. THE TERM ,VICINITY" AS USED IN PARAGRAPH 4300-3 IS SIGNIFICANT ONLY IN ESTABLISHING THE MEMBER'S DEPENDENCY STATUS FOR STATION ALLOWANCE PURPOSES. STATION ALLOWANCES ARE PERMANENT STATION EMOLUMENTS TERMINABLE UNDER PARAGRAPH 4301-3 ON THE BASIS OF THE MEMBER'S DEPARTURE FROM THE PERMANENT STATION. CONSEQUENTLY, THE MEMBER COULD NOT RECEIVE STATION ALLOWANCES FOR PERIODS OF TEMPORARY DUTY AT NEARBY POINTS AFTER SUCH DEPARTURE.

THE FOURTH QUESTION IS:

A MEMBER UPON PERMANENT CHANGE OF STATION IS DETACHED FROM A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES. HE IS ORDERED TO TEMPORARY DUTY OR TO AWAIT TRANSPORTATION. IS HE ENTITLED TO APPLICABLE STATION ALLOWANCES BETWEEN THE DATE OF DETACHMENT FROM THE SHIP AND THE DATE OF DEPARTURE OF HIS DEPENDENTS FROM THE HOME PORT IF

A. THE PLACE OF DELAY IS THE HOME PORT OF THE SHIP FROM WHICH DETACHED?

B. THE PLACE OF DELAY WAS A PLACE OTHER THAN THE HOME PORT OF THE SHIP FROM WHICH DETACHED, ALTHOUGH THE DEPENDENTS ARE LOCATED AT THE HOME PORT?

UNLIKE A SHORE STATION WHERE A MEMBER MIGHT REMAIN FOR A SHORT PERIOD SUBSEQUENT TO DETACHMENT FROM THE DUTY ASSIGNMENT FOR REASONS SUCH AS THOSE SET OUT IN QUESTION 2 ABOVE, THE MEMBER DETACHED FROM A VESSEL ON PERMANENT CHANGE OF STATION IS COMPLETELY DISASSOCIATED FROM HIS FORMER DUTY STATION, AND THERE IS AN ACTUAL DEPARTURE FROM SUCH STATION EVEN IF HE REMAINS AT THE HOME YARD OR HOME PORT OF SUCH VESSEL, THE STATUS OF THE HOME YARD OR HOME PORT AS A PART OF HIS DUTY STATION, AS PROVIDED BY PARAGRAPH 4304 OF THE REGULATIONS, BEING CONTINGENT UPON AN EXISTING ASSIGNMENT TO DUTY ABOARD THE VESSEL. CONSEQUENTLY, SINCE ENTITLEMENT TO STATION ALLOWANCES TERMINATES UNDER THE PROVISIONS OF PARAGRAPH 4301-3A ON THE DAY PRIOR TO THE DAY OF THE MEMBER'S DEPARTURE FROM THE PERMANENT DUTY STATION IN ALL CASES, HE WOULD NOT BE ENTITLED UNDER THE CIRCUMSTANCES PRESENTED TO STATION ALLOWANCES AFTER DETACHMENT FOR PERIODS OF DELAY FOR TEMPORARY DUTY OR TO AWAIT TRANSPORTATION EITHER AT THE HOME PORT OF THE VESSEL FROM WHICH DETACHED OR ELSEWHERE. IT WOULD APPEAR, HOWEVER, THAT UPON SUCH DETACHMENT HE WOULD ACQUIRE A TRAVEL STATUS INCIDENT TO TRAVEL PER DIEM ALLOWANCE TO THE EXTENT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS. QUESTIONS 4A AND B ARE ANSWERED ACCORDINGLY.