B-146578, AUGUST 24, 1961, 41 COMP. GEN. 144

B-146578, AUGUST 24, 1961, 41 COMP. GEN. 144

STATION ALLOWANCES - MILITARY PERSONNEL - TERMINATION - MEMBER'S DEPARTURE PRIOR TO DEPENDENTS A REVISION OF THE JOINT TRAVEL REGULATIONS WHICH WOULD GIVE A MEMBER OF THE UNIFORMED SERVICES WHO IS DETACHED FROM AN OVERSEAS STATION UNDER PERMANENT CHANGE-OF-STATION ORDERS WITH TEMPORARY DUTY EN ROUTE TO A NEW DUTY STATION A RIGHT TO CONTINUATION OF STATION ALLOWANCES UNTIL HIS DEPENDENTS DEPART AFTER THE MEMBER'S DEPARTURE FROM THE OLD STATION BUT PRIOR TO THE EFFECTIVE DATE OF THE CHANGE-OF-STATION ORDERS IS PROPER PROVIDED THAT, IF THE MEMBER IS IN A PER DIEM STATUS AFTER HIS DEPARTURE FROM THE OLD STATION, THE TEMPORARY LODGING ALLOWANCE SHOULD BE REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER HIMSELF.

TO THE SECRETARY OF THE ARMY, AUGUST 24, 1961:

REFERENCE IS MADE TO YOUR LETTER DATED JULY 18, 1961, REQUESTING DECISION ON PROPOSED REVISIONS OF PARAGRAPHS 4301-3A AND 4303-2C OF THE JOINT TRAVEL REGULATIONS PERTAINING TO HOUSING AND COST-OF-LIVING AND TEMPORARY LODGING ALLOWANCES TO MEMBERS WITH DEPENDENTS ON DUTY OUTSIDE THE UNITED STATES. YOUR REQUEST WAS REVIEWED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE AND ASSIGNED PDTATAC CONTROL NO. 61- 11.

YOU STATE THAT THE CURRENT REGULATIONS PROVIDE THAT ENTITLEMENT TO STATION ALLOWANCES TERMINATES ON THE DAY PRIOR TO THE DAY OF DEPARTURE OF THE MEMBER FROM HIS OLD PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF-STATION ORDERS. IT IS POINTED OUT, HOWEVER, THAT IN CERTAIN INSTANCES A MEMBER IS REQUIRED TO PERFORM TEMPORARY DUTY EN ROUTE TO HIS NEW DUTY STATION AND DEPARTS PRIOR TO HIS DEPENDENTS. SINCE TRANSPORTATION OF DEPENDENTS TO THE TEMPORARY DUTY STATION IS NOT AUTHORIZED AND A RIGHT TO THEIR TRANSPORTATION DOES NOT ARISE UNTIL THE EFFECTIVE DATE OF THE ORDERS, YOU EXPRESS THE VIEW THAT THE REGULATIONS ARE TOO RESTRICTIVE AND SHOULD BE AMENDED TO EXTEND THE RIGHT TO STATION ALLOWANCES TO THE DAY PRIOR TO DEPARTURE OF DEPENDENTS, OR THE EFFECTIVE DATE OF ORDERS, WHICHEVER IS EARLIER. ACCORDINGLY, IT IS PROPOSED TO REVISE PARAGRAPHS 4301-3A AND 4303-2C, JOINT TRAVEL REGULATIONS, THE PROPOSED ADDITIONS BEING ITALICIZED AS FOLLOWS: PAR. 4301-3A REVISED 3. CONDITIONS UNDER WHICH PAYABLE

A. GENERAL. WHEN A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO TRAVEL PER DIEM OR MILEAGE ON THE DAY OF INITIAL ARRIVAL AT HIS PERMANENT DUTY STATION, ENTITLEMENT TO HOUSING AND COST-OF-LIVING ALLOWANCES BEGINS ON THE DAY FOLLOWING THE DAY OF ARRIVAL. IN OTHER CASES, ENTITLEMENT BEGINS ON THE DAY OF ARRIVAL OF THE MEMBER OR THE DAY OF ARRIVAL OF HIS DEPENDENTS AS PRESCRIBED IN SUBPAR. 4. ENTITLEMENT TERMINATES ON THE DAY PRIOR TO THE DAY OF DEPARTURE OF THE MEMBER IN COMPLIANCE WITH PERMANENT CHANGE-OF-STATION ORDERS; EXCEPT, WHEN THE DEPENDENTS REMAIN AFTER THE DEPARTURE OF THE MEMBER, ENTITLEMENT TERMINATES ON THE DAY PRIOR TO THE DAY OF DEPARTURE OF THE DEPENDENTS OR THE EFFECTIVE DATE OF THE PERMANENT CHANGE-OF-STATION ORDERS, WHICHEVER IS EARLIER. PAR. 4303-2C REVISED 2. CONDITIONS UNDER WHICH PAYABLE

C. ALLOWANCES UPON DEPARTURE. THE PERIOD OF ENTITLEMENT UPON DEPARTURE WILL BE THE LAST 10 DAYS PRECEDING THE DAY OF DEPARTURE OF THE MEMBER FROM HIS PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF-STATION ORDERS; EXCEPT, WHEN THE DEPENDENTS REMAIN AFTER DEPARTURE OF THE MEMBER, THE PERIOD WILL BE THE LAST 10 DAYS PRECEDING THE DAY OF DEPARTURE OF THE DEPENDENTS OR THE EFFECTIVE DATE OF THE PERMANENT CHANGE-OF-STATION ORDERS, WHICHEVER IS EARLIER.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (B), PROVIDES AS FOLLOWS:

WITHOUT REGARD TO THE MONETARY LIMITATIONS IN THIS CHAPTER, 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.

PURSUANT THERETO, PART G, CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS SETS OUT THE PROVISIONS FOR STATION ALLOWANCES FOR MEMBERS ON PERMANENT DUTY OUTSIDE THE UNITED STATES. PARAGRAPH 4301-3A OF THE REGULATIONS AS PRESENTLY IN EFFECT PROVIDES THAT ENTITLEMENT TO HOUSING AND COST-OF LIVING ALLOWANCES BEGINS ON THE DAY OF ARRIVAL OF THE MEMBER OR HIS DEPENDENTS AS PRESCRIBED IN THAT PARAGRAPH. SUBPARAGRAPH 4 PROVIDES FOR ENTITLEMENT TO A MEMBER WITH DEPENDENTS, WHOSE DEPENDENTS ARRIVE AT OR IN THE VICINITY OF THE MEMBER'S NEW PERMANENT DUTY STATION OUTSIDE THE UNITED STATES PRIOR TO THE MEMBER, BUT ON OR AFTER THE EFFECTIVE DATE OF ORDERS DIRECTING PERMANENT CHANGE OF STATION. PARAGRAPH 4303 2B PROVIDES FOR TEMPORARY LODGING ALLOWANCES COMMENCING UNDER THE SAME CONDITIONS AS PROVIDED FOR HOUSING AND COST-OF-LIVING ALLOWANCES, INCLUDING THAT PROVISION PERTAINING TO ADVANCE ARRIVAL OF DEPENDENTS. AS TO THE RIGHT TO SUCH ALLOWANCES UPON DEPARTURE, PARAGRAPH 4301-3A PROVIDES FOR TERMINATION OF HOUSING AND COST-OF-LIVING ALLOWANCES ON THE DAY PRIOR TO THE DAY OF DEPARTURE OF THE MEMBER IN ALL CASES, WHILE PARAGRAPH 4303-2C PERMITS A PERIOD OF ENTITLEMENT UPON TERMINATION OF ASSIGNED OR RENTED QUARTERS, LIMITED TO THE LAST TEN DAYS PRECEDING THE DAY OF DEPARTURE OF THE MEMBER FROM HIS PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF- STATION ORDERS.

THE TERM "EFFECTIVE DATE OF ORDERS" IS DEFINED IN PARAGRAPH 3003-1B, JOINT TRAVEL REGULATIONS, AS THE DATE OF THE MEMBER'S RELIEF (DETACHMENT) FROM THE OLD STATION, EXCEPT WHEN ORDERS INVOLVE TEMPORARY DUTY IN ONE OR MORE PLACES EN ROUTE TO A PERMANENT STATION IN A NONRESTRICTED AREA, THE EFFECTIVE DATE, FOR THE PURPOSE OF DEPENDENTS' TRAVEL AND SHIPMENT OF HOUSEHOLD GOODS, IS THE DATE OF RELIEF (DETACHMENT) FROM THE LAST TEMPORARY DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME ALLOWED, AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT. IF SUCH ORDERS INVOLVE TEMPORARY DUTY EN ROUTE TO A PERMANENT DUTY STATION IN A RESTRICTED AREA, THE EFFECTIVE DATE IS THE DATE OF RELIEF FROM THE OLD STATION PLUS LEAVE, DELAY, ETC., ALLOWED TO BE TAKEN PRIOR TO THE MEMBER'S REPORTING TO THE FIRST TEMPORARY DUTY STATION.

WE HAVE HELD THAT STATION ALLOWANCES OUTSIDE THE UNITED STATES ARISE ONLY BY VIRTUE OF PERMANENT DUTY ASSIGNMENT OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA. SEE 38 COMP. GEN. 583 AND B-143884, DATED NOVEMBER 9, 1960. HOWEVER, PARAGRAPH 4301-4, JOINT TRAVEL REGULATIONS, CURRENTLY IN EFFECT, MAKES PROVISION FOR PAYMENT OF STATION ALLOWANCES TO MEMBERS WHOSE DEPENDENTS ARRIVE AT THE PERMANENT DUTY STATION PRIOR TO THE MEMBER, PROVIDED THE DEPENDENTS ARRIVE ON OR AFTER THE EFFECTIVE DATE OF THE CHANGE OF STATION ORDERS. IN 40 COMP. GEN. 271, WE HELD THAT A NAVY MEMBER HAVING DEPENDENTS, WHO IS ORDERED UPON PERMANENT CHANGE OF STATION TO A SHIP HAVING A HOME PORT OUTSIDE THE UNITED STATES AND WHOSE DEPENDENTS ARRIVE AT THE HOME PORT PRIOR TO THE MEMBER, BUT ON OR AFTER THE EFFECTIVE DATE OF CHANGE-OF-STATION ORDERS, IS ENTITLED TO STATION ALLOWANCE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 4301-4 AND ALSO ENTITLED TO TEMPORARY LODGING ALLOWANCE, IF OTHERWISE QUALIFIED THEREFOR. THIS ALLOWANCE CONTINUES EVEN IF THE MEMBER IS IN RECEIPT OF PER DIEM FOR TEMPORARY DUTY EN ROUTE, EXCEPT THAT HIS RIGHT TO TEMPORARY LODGING ALLOWANCE IS REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER HIMSELF DURING THE PERIOD THAT HE IS ENTITLED TO TRAVEL PER DIEM. WE BELIEVE A SIMILAR RIGHT MAY BE CONFERRED BY REGULATIONS TO PROVIDE FOR THE CONTINUATION OF SUCH STATION ALLOWANCES UNTIL THE DEPENDENTS DEPART AFTER THE MEMBER'S DEPARTURE FROM THE OLD STATION, BUT PRIOR TO THE EFFECTIVE DATE OF THE CHANGE-OF-STATION ORDERS. IT IS TO BE UNDERSTOOD, HOWEVER, THAT UNDER THE PROPOSED REVISION, IF THE MEMBER IS IN A PER DIEM STATUS AFTER HIS DEPARTURE FROM THE OLD STATION, THE TEMPORARY LODGING ALLOWANCE SHOULD BE REDUCED BY THAT PART OF THE ALLOWANCE APPLICABLE TO THE MEMBER HIMSELF. ACCORDINGLY, WE HAVE NO OBJECTION TO THE ISSUANCE OF THE PROPOSED REVISED PARAGRAPHS.