B-147454, DEC. 8, 1961

B-147454, DEC. 8, 1961

TO LIEUTENANT COLONEL MING ROSE, FC, FINANCE OFFICER, OFFICE OF THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY:

THERE WAS RECEIVED BY FOURTH INDORSEMENT OF OCTOBER 13, 1961, YOUR LETTER OF AUGUST 21, 1961 (DFFI), TRANSMITTING A VOUCHER IN FAVOR OF MAJOR RICHARD F. TAYLOR, 0 69 812, IN THE SUM OF $22.50 REPRESENTING TEMPORARY LODGING ALLOWANCE FOR AUGUST 4, 1961, AND REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT. THE REQUEST WAS ASSIGNED CONTROL NO. 61- 14 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

LETTER ORDER 6-120, DATED JUNE 16, 1961, TRANSFERRED MAJOR TAYLOR FROM OAHU, HAWAII, TO WASHINGTON, D.C., ON A PERMANENT CHANGE OF STATION, AND DIRECTED HIM TO PROCEED ON OR ABOUT AUGUST 10, 1961. THE RECORD SHOWS THAT MAJOR TAYLOR'S GOVERNMENT QUARTERS WERE TERMINATED AT NOON ON AUGUST 4, 1961; THAT HE AND HIS FOUR DEPENDENTS MOVED TO THE HAWAIIAN VILLAGE HOTEL AT 3 P.M. ON THE SAME DATE, AND THAT HIS SCHEDULED DATE OF DEPARTURE WAS AUGUST 11, 1961. YOU SAY THAT PART G, JOINT TRAVEL REGULATIONS, HAS BEEN INTERPRETED TO PRECLUDE PAYMENT OF TEMPORARY LODGING ALLOWANCE WHEN GOVERNMENT QUARTERS ARE OCCUPIED FOR A PORTION OF THE DAY AND HOTEL OR HOTEL-LIKE ACCOMMODATIONS ARE FOR THE REMAINDER OF THE DAY. FOR THAT REASON YOU QUESTION THE PROPRIETY OF PAYMENT TO MAJOR TAYLOR.

PART G OF THE JOINT TRAVEL REGULATIONS PROVIDED IN PARAGRAPH 4303-1 THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTEL OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS, AND THAT IT MAY BE PAID UNDER VARIOUS CIRCUMSTANCES, INCLUDING "IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS.' PARAGRAPH 4303-2A OF THE SAME REGULATIONS PROVIDES FOR THE PAYMENT OF TEMPORARY LODGING ALLOWANCE FOR ANY DAY, WITHIN THE MAXIMUM PERIODS AUTHORIZED, WHEN THERE EXIST THE CONDITIONS THAT GOVERNMENT QUARTERS ARE NOT FURNISHED THE MEMBER, HIS DEPENDENTS, OR THE MEMBER AND HIS DEPENDENTS, IF WITH DEPENDENTS, THE MEMBER IS REQUIRED TO SECURE TEMPORARY LODGINGS, AND THE MEMBER, HIS DEPENDENTS, OR BOTH ACTUALLY OCCUPY HOTEL OR HOTEL LIKE ACCOMMODATIONS AT PERSONAL EXPENSE. PARAGRAPH 4303-1 OF THE JOINT TRAVEL REGULATIONS FURTHER PROVIDES THAT THE SERVICES CONCERNED MAY ISSUE SUCH REGULATIONS AS ARE CONSIDERED NECESSARY TO IMPLEMENT AND JUDICIOUSLY ADMINISTER THE ALLOWANCE. PARAGRAPH 8-24B, ARMY REGULATIONS 37-104, PROVIDES THAT THE TEMPORARY LODGING ALLOWANCE IS AUTHORIZED IMMEDIATELY PRECEDING DEPARTURE AFTER SURRENDER OF PERMANENT LIVING QUARTERS, AND WILL BEGIN ON THE DATE IT WAS NECESSARY TO OCCUPY TEMPORARY LODGING AND TERMINATE ON DATE PRIOR TO ENTRANCE OF THE MEMBER IN A TRAVEL STATUS, NOT TO EXCEED 10 DAYS IMMEDIATELY PRECEDING DEPARTURE FROM THE COUNTRY OR LOCALITY. THUS, WHERE A MEMBER'S QUARTERS ARE TERMINATED IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AND ON THE SAME DATE HE IS REQUIRED TO MOVE TO A HOTEL OR HOTEL-LIKE ACCOMMODATIONS ALLOWANCE IS AUTHORIZED TO PROVIDE REIMBURSEMENT FOR ONLY THE ADDITIONAL EXPENSES RESULTING FROM OCCUPYING SUCH TRANSIENT ACCOMMODATIONS, THE FACT THAT GOVERNMENT QUARTERS WERE OCCUPIED FOR A PORTION OF THE DAY OR THAT THE MEMBER OTHERWISE WAS ENTITLED TO A BASIC QUARTERS ALLOWANCE WOULD NOT AFFECT HIS RIGHT TO THE ALLOWANCE. COMPARE 40 COMP. GEN. 271; ID. 384.

ACCORDINGLY, PAYMENT OF THE TEMPORARY LODGING ALLOWANCE TO MAJOR TAYLOR FOR AUGUST 4, 1961, IS AUTHORIZED ON THE VOUCHER RETURNED HEREWITH.