B-145903, AUGUST 4, 1961, 41 COMP. GEN. 87

B-145903, AUGUST 4, 1961, 41 COMP. GEN. 87

QUARTERS ALLOWANCE - DEPENDENTS - RESERVE MEMBERS ON ACTIVE DUTY TRAINING IN VIEW OF THE APPARENT INTENT OF THE CONGRESS IN ENACTING THE RESIDENCE REQUIREMENT IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 231 (G), TO AUTHORIZE A QUARTERS ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES ON ACCOUNT OF DEPENDENT PARENTS ONLY WHEN THE PARENTS RESIDE IN THE MEMBER'S HOUSEHOLD AT OR IN THE VICINITY OF THE MEMBER'S DUTY STATION, THE EXTENSION OF THE RULE IN 30 COMP. GEN. 260 AND 31 ID. 141 IN WHICH PAYMENT OF QUARTERS ALLOWANCE WAS ALLOWED IN CASES OF RESERVE ENLISTED MEMBERS ORDERED TO ACTIVE DUTY TRAINING AT SERVICE SCHOOLS FOR SHORT PERIODS, NOT IN EXCESS OF 4 MONTHS, WHEN PUBLIC QUARTERS WERE NOT AVAILABLE FOR DEPENDENTS AND THE DEPENDENT PARENT MET THE DEPENDENCY REQUIREMENTS AND THE PARENT WAS SHOWN TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT WHERE HE MAINTAINED HIS PERMANENT RESIDENCE TO APPLY IN CASES OF LONGER PERIODS OF TRAINING DUTY IS NOT WARRANTED. THE LIMITATION ON THE PERIOD OF TRAINING DUTY AT SERVICE SCHOOLS OF NOT TO EXCEED 4 MONTHS FOR CREDITING QUARTERS ALLOWANCE TO RESERVE ENLISTED MEMBERS OF THE UNIFORMED SERVICES CALLED TO ACTIVE DUTY TRAINING FOR SEVERAL SHORT PERIODS OF INSTRUCTION WHEN THE DEPENDENT PARENTS CONTINUE TO RESIDE IN THE MEMBER'S HOUSEHOLD AT HIS PERMANENT ADDRESS IS TO BE DETERMINED ON THE BASIS OF THE TOTAL PERIOD SET FORTH IN THE MEMBER'S ORDERS TO TRAINING DUTY RATHER THAN ON THE LENGTH OF INDIVIDUAL COURSES OF INSTRUCTION IN CASES WHERE THE MEMBER IS ORDERED TO ATTEND MORE THAN ONE COURSE. A RESERVE ENLISTED MEMBER WHO IS CALLED TO ACTIVE DUTY FOR TRAINING FOR THREE SUCCESSIVE PERIODS OF INSTRUCTION OF 4 WEEKS, 16 WEEKS AND 14 WEEKS, CONSECUTIVELY, AND WHOSE DEPENDENT PARENTS CONTINUE TO RESIDE AT THE MEMBER'S PERMANENT RESIDENCE IS REGARDED AS HAVING BEEN ORDERED TO ATTEND COURSES EXTENDING OVER A PERIOD IN EXCESS OF 4 MONTHS SO THAT THE CREDITING OF QUARTERS ALLOWANCE ON ACCOUNT OF THE DEPENDENT PARENTS TO MEMBERS ORDERED TO TRAINING DUTY FOR PERIODS NOT IN EXCESS OF 4 MONTHS IN 30 COMP. GEN. 260 IS NOT FOR APPLICATION IN VIEW OF THE APPARENT INTENT OF CONGRESS IN ENACTING THE RESIDENCE REQUIREMENT IN SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 231 (G), TO RESTRICT PAYMENT OF QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENT PARENTS WHO DO NOT RESIDE IN THE MEMBER'S HOUSEHOLD AT OR IN THE VICINITY OF HIS PERMANENT DUTY STATION.

TO LIEUTENANT COLONEL R. H. MACPHERSON, DEPARTMENT OF THE ARMY, AUGUST 4, 1961:

BY FIRST ENDORSEMENT DATED MAY 15, 1961, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER DATED APRIL 26, 1961, REQUESTING AN ADVANCE DECISION CONCERNING THE PROPRIETY OF PAYMENT ON AN ACCOMPANYING VOUCHER STATED IN FAVOR OF EDWARD LAURIA, FOR QUARTERS ALLOWANCE BECAUSE OF DEPENDENT PARENTS. THIS REQUEST WAS FORWARDED UNDER D.O. NUMBER A-578 ALLOCATED BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

EDWARD LAURIA WAS ORDERED TO ACTIVE DUTY FOR TRAINING EFFECTIVE MARCH 24, 1960, AS A RESERVE ENLISTED MEMBER IN THE GRADE OF SPECIALIST 4 (E-5) BY LETTER ORDER 3M-113, HEADQUARTERS, FIRST UNITED STATES ARMY, GOVERNORS ISLAND, NEW YORK, NEW YORK, DATED MARCH 17, 1960. HE WAS TO BE ATTACHED TO THE U.S. ARMY PRIMARY HELICOPTER SCHOOL, CAMP WOLTERS, TEXAS, TO ATTEND WARRANT OFFICER INDOCTRINATION TRAINING-PREFLIGHT COURSE, CLASS NUMBER 2 FOR FOUR WEEKS AND PHASE I WARRANT OFFICER ROTARY WING AVIATOR COURSE FOR 16 WEEKS. UPON COMPLETION OF THOSE COURSES HE WAS TO ATTEND PHASE 2, U.S. ARMY AVIATION SCHOOL AT FORT RUCKER, ALABAMA, FOR 14 WEEKS. THE SERVICEMAN PERFORMED ALL DUTY OUTLINED ABOVE, AND WAS RELEASED TO INACTIVE DUTY IN NOVEMBER 1960. HIS TOTAL TRAINING TIME WAS 34 WEEKS. YOU SAY THE SERVICEMAN'S MOTHER AND FATHER LIVE WITH AND ARE SUPPORTED IN LARGE PART BY THE SERVICEMAN IN A HOME AT 85 RIDGEWOOD PLACE, STATEN ISLAND, NEW YORK. WHEN HE RECEIVED HIS ORDERS YOU REPORT THAT HE WAS TOLD THAT HIS DEPENDENTS WOULD NOT BE PERMITTED TO ACCOMPANY HIM, WHICH IS BORNE OUT BY THE STATEMENT IN HIS ORDERS THAT DEPENDENT TRAVEL WOULD NOT BE AUTHORIZED. ALSO, YOU STATE THAT THE NONAVAILABILITY FOR QUARTERS FOR DEPENDENTS AT THE 2 TRAINING STATIONS HAS BEEN VERIFIED AS CORRECT. THE QUESTION PRESENTED IS WHETHER OR NOT THE THREE DIFFERENT PERIODS OF INSTRUCTION- - 4 WEEKS, 16 WEEKS, AND 14 WEEKS--- SHOULD BE CONSIDERED AS SEPARATE PERIODS OR AS ONE PERIOD IN DETERMINING THE MEMBER'S RIGHT TO A QUARTERS ALLOWANCE.

SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, 37 U.S.C. 231 (G), PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE "THE FATHER OR MOTHER OF SUCH MEMBER, PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER.' EFFECTIVE AUGUST 1, 1950, THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, 50 U.S.C. APP. 2201, SUSPENDED THE ABOVE PROVISION THAT THE PARENT "ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER," BUT SECTION 7 OF THE 1950 ACT, 50 U.S.C. APP. 2207, PROVIDES THAT THE PROVISIONS OF THAT ACT SHALL NOT APPLY TO ENLISTED MEMBERS ON TRAINING DUTY AND THAT SUCH PERSONNEL SHALL CONTINUE TO BE ENTITLED TO THE APPROPRIATE ALLOWANCES PRESCRIBED BY THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, ON THE DATE PRIOR TO THE EFFECTIVE DATE OF THE 1950 ACT.

IN DECISION OF DECEMBER 19, 1949, 29 COMP. GEN. 280, IT WAS CONCLUDED THAT THE OBJECT OF THE RESIDENCE REQUIREMENT IN SECTION 102 (G) IS TO PROVIDE A MEMBER WITH A QUARTERS ALLOWANCE ONLY WHERE IT IS NECESSARY TO OBTAIN QUARTERS FOR HIMSELF AND HIS DEPENDENT PARENT AT, OR CONVENIENT TO, HIS PERMANENT STATION IN CASES WHERE THE GOVERNMENT IS UNABLE TO FURNISH HIM WITH FAMILY QUARTERS AT SUCH STATION. IN DECISION OF JANUARY 3, 1951, 30 COMP. GEN. 260, IT WAS POINTED OUT THAT THE DECISION OF DECEMBER 19, 1949, WAS RENDERED WITH RESPECT TO PERSONNEL ON THE ACTIVE LISTS OR ON EXTENDED ACTIVE DUTY AND THAT, WITH RESPECT TO RESERVISTS ORDERED TO TRAINING DUTY, THERE IS DOUBT AS TO THE INTENT OF THE CONGRESS IN ENACTING THE REQUIREMENT THAT THE PARENT RESIDE IN THE MEMBER'S HOUSEHOLD (SEE LEGISLATIVE HISTORY QUOTED IN 29 COMP. GEN. 280). AND, SINCE A MEMBER ORDERED TO A SHORT PERIOD OF ACTIVE DUTY TRAINING REASONABLY COULD NOT BE EXPECTED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND DEPENDENT PARENTS AT ANY PLACE OTHER THAN THE PLACE WHERE HE MAKES HIS PERMANENT RESIDENCE AND NORMALLY RESIDES WITH HIS PARENTS, IT WAS CONCLUDED THAT IN SUCH CASES INVOLVING SHORT PERIODS OF ACTIVE DUTY TRAINING, NOT IN EXCESS OF 4 MONTHS, AT SERVICE SCHOOLS WHERE PUBLIC QUARTERS WERE NOT AVAILABLE FOR DEPENDENTS, THE MEMBER COULD BE CREDITED WITH A QUARTERS ALLOWANCE ON ACCOUNT OF THE DEPENDENT PARENT IF DEPENDENCY REQUIREMENTS ARE OTHERWISE MET AND THE PARENT IS SHOWN TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT WHERE HE MAINTAINS HIS PERMANENT RESIDENCE. ALSO SEE 31 COMP. GEN. 141.

THE LIMITATION ON THE PERIOD OF TRAINING DUTY AT SERVICE SCHOOLS OF NOT TO EXCEED 4 MONTHS, SET FORTH IN 30 COMP. GEN. 260, WAS NOT BASED ON A SPECIFIC REGULATION OR STATUTORY PROVISION, BUT THE QUESTION THERE PRESENTED FOR DECISION WAS WHETHER A MEMBER ORDERED TO SUCH DUTY FOR A PERIOD OF NOT TO EXCEED 4 MONTHS COULD BE CREDITED WITH A QUARTERS ALLOWANCE ON ACCOUNT OF HIS DEPENDENT MOTHER WHO CONTINUED TO RESIDE IN HIS HOUSEHOLD AT HIS PERMANENT ADDRESS. THE QUESTION WAS PREDICATED ON OUR DECISIONS WITH RESPECT TO THE SOMEWHAT ANALOGOUS SITUATION OF CREDITING RENTAL ALLOWANCE UNDER PRIOR LAWS TO RESERVE AND NATIONAL GUARD OFFICERS ORDERED TO TRAINING DUTY AT SERVICE SCHOOLS FOR PERIODS OF NOT TO EXCEED 4 MONTHS. SEE 4 COMP. GEN. 571; ID. 661; ID. 784.

WHILE THE RULE SET FORTH IN 30 COMP. GEN. 260 AND 31 COMP. GEN. 141 WITH RESPECT TO THE PAYMENT OF QUARTERS ALLOWANCE ON ACCOUNT OF THE DEPENDENT PARENTS OF RESERVE ENLISTED MEMBERS ORDERED TO ACTIVE DUTY TRAINING FOR SHORT PERIODS, NOT IN EXCESS OF 4 MONTHS, AT TRAINING SCHOOLS IS BELIEVED TO BE WARRANTED IN VIEW OF THE FACTUAL SITUATION THAT EXISTS IN THESE CASES, SUCH 4-MONTH PERIOD IS TO BE DETERMINED ON THE BASIS OF THE TOTAL PERIOD SET FORTH IN THE MEMBER'S ORDERS TO TRAINING DUTY RATHER THAN ON THE LENGTH OF INDIVIDUAL COURSES OF INSTRUCTION IN CASES WHERE THE MEMBER WAS ORDERED TO ATTEND MORE THAN ONE COURSE. THEREFORE, SINCE SPECIALIST LAURIA WAS ORDERED TO ATTEND COURSES EXTENDING OVER A PERIOD IN EXCESS OF 4 MONTHS AND HIS DEPENDENT PARENTS CONTINUED TO RESIDE AT HIS PERMANENT RESIDENCE, HE IS NOT ENTITLED TO BE CREDITED WITH A QUARTERS ALLOWANCE ON THEIR ACCOUNT.

IN VIEW OF THE APPARENT INTENTION OF THE CONGRESS, IN ENACTING THE RESIDENCE REQUIREMENT CONTAINED IN SECTION 102 (G), TO RESTRICT THE PAYMENT OF QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENT PARENTS WHO DO NOT RESIDE IN THE MEMBER'S HOUSEHOLD AT OR IN THE VICINITY OF HIS PERMANENT DUTY STATION, THE MATTER ADMITS OF TOO MUCH DOUBT TO WARRANT EXTENDING THE 4-MONTH RULE TO A LONGER PERIOD IN SUCH CASES. YOUR LETTER IS ANSWERED ACCORDINGLY.

THE VOUCHER AND ENCLOSURES SUBMITTED WITH YOUR LETTER WILL BE RETAINED HERE.