B-148145, APRIL 12, 1962, 41 COMP. GEN. 663

B-148145, APRIL 12, 1962, 41 COMP. GEN. 663

RATIONS COMMUTATION PAYMENTS - SAVED ON TEMPORARY PROMOTION - AUTHORIZATION EFFECT--- SUBSISTENCE ALLOWANCE - MILITARY PERSONNEL - SAVED PAY UPON PROMOTION--- QUARTERS ALLOWANCE AN ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO, WHEN TRANSFERRED TO ANOTHER ACTIVITY WHERE A GOVERNMENT MESS WAS AVAILABLE, WAS RECEIVING SAVED PAY, INCLUDING A COMMUTED RATION ALLOWANCE, AS A RESULT OF A TEMPORARY PROMOTION TO AN OFFICER STATUS, AND WHO WAS NOT ISSUED A WRITTEN AUTHORIZATION TO MESS SEPARATELY AT THE NEW STATION MAY NOT HAVE THE ABSENCE OF A WRITTEN AUTHORIZATION CONSIDERED TO DEFEAT HIS RIGHT TO THE SAVED RATION ALLOWANCE SINCE IT MAY BE ASSUMED THAT SUCH AN AUTHORIZATION WOULD HAVE BEEN ISSUED IF HE HAD TRANSFERRED IN HIS ENLISTED STATUS, AND THE ISSUANCE OF AN AUTHORIZATION TO A TEMPORARY OFFICER WHO RECEIVES A SUBSISTENCE ALLOWANCE AT ALL TIMES AND IS REQUIRED TO MAKE ARRANGEMENTS FOR HIS OWN MEALS WOULD NOT BE PROPER. THE SUBSISTENCE ALLOWANCE THAT AN ENLISTED MEMBER OF THE UNIFORMED SERVICES IS RECEIVING AS AN ITEM OF SAVED PAY UPON A PROMOTION AS TEMPORARY OFFICER IS AN ALTERNATIVE TO SUBSISTENCE IN KIND SO THAT WHEN THE MEMBER IS TRANSFERRED TO AN ACTIVITY WHERE GOVERNMENT MESSING FACILITIES ARE AVAILABLE THEREBY LOSING HIS RIGHT TO THE SUBSISTENCE ALLOWANCE, THE VALUE OF THE COMMUTED RATIONS MAY BE USED IN DETERMINING THE AMOUNT OF TOTAL COMPENSATION UNDER THE SAVINGS PROVISIONS APPLICABLE TO TEMPORARY APPOINTMENTS. A COMMISSIONED WARRANT OFFICER WHO AT THE TIME OF TEMPORARY PROMOTION TO LIEUTENANT IS ASSIGNED PUBLIC QUARTERS SO THAT THE CREDIT OF SAVED PAY AND ALLOWANCES IN HIS PERMANENT GRADE BY REASON OF THE DEDUCTION OF THE QUARTERS ALLOWANCE IS LESS THAN THE ACTUAL PAY AND ALLOWANCES AS A LIEUTENANT IS NOT REQUIRED TO HAVE THE SAVINGS PROVISIONS APPLICABLE TO TEMPORARY PROMOTIONS INVOKED TO DEPRIVE THE MEMBER OF THE PAY AND ALLOWANCES PROVIDED FOR THE HIGHER GRADE AND, THEREFORE, THE MEMBER WHO IS FURNISHED GOVERNMENT QUARTERS MAY ELECT TO RECEIVE THE PAY AND ALLOWANCES OF THE HIGHER GRADE EVEN THOUGH THE PAY AND ALLOWANCES OF THE PERMANENT GRADE, WITHOUT THE QUARTERS ALLOWANCE NOT ACTUALLY PAYABLE, EXCEED THOSE OF THE TEMPORARY GRADE.

TO THE SECRETARY OF THE NAVY, APRIL 12, 1962:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 6, 1962, REQUESTING DECISION ON SEVERAL QUESTIONS REGARDING THE COMPUTATION OF PAY OF A MEMBER TEMPORARILY APPOINTED UNDER SECTIONS 5586, 5596, 5597 OR 5598 OF TITLE 10, U.S. CODE, OR TEMPORARILY PROMOTED UNDER SECTIONS 5784 OR 5787 OF THAT TITLE. THE SUBMISSION HAS BEEN ASSIGNED NO. SS-N-626 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

YOU SAY THAT A MEMBER TEMPORARILY APPOINTED OR TEMPORARILY PROMOTED UNDER THE CITED SECTIONS OF TITLE 10, U.S. CODE, MAY NOT SUFFER ANY REDUCTION IN PAY OR ALLOWANCES TO WHICH HE WAS ENTITLED AT THE TIME OF HIS APPOINTMENT OR PROMOTION. YOU SAY FURTHER THAT THE INSTRUCTIONS FOR COMPUTING THE SAVED PAY OF SUCH MEMBER ARE CONTAINED IN PARAGRAPH 1044022-2A, NAVY COMPTROLLER MANUAL, WHICH PROVIDES THAT ONLY THOSE ITEMS TO WHICH THE MEMBER IS ENTITLED AT THE TIME HIS INITIAL TEMPORARY APPOINTMENT (OR TEMPORARY PROMOTION AS THE CASE MAY BE) BECOMES EFFECTIVE FOR PAY PURPOSES WILL BE INCLUDED, AND THAT THE PAY AND ALLOWANCES OF HIS FORMER STATUS ARE NOT SAVED FROM REDUCTION WHEN CHANGES IN CONDITIONS OCCUR WHICH WOULD HAVE AFFECTED HIS ENTITLEMENT TO SUCH PAY AND ALLOWANCES IF HE WERE SERVING IN HIS FORMER STATUS.

THE FIRST QUESTION PRESENTED IS AS FOLLOWS:

FIRST, AN ENLISTED MEMBER IS SERVING AT AN ACTIVITY WHERE A GOVERNMENT MESS IS AVAILABLE BUT HE IS IN RECEIPT OF COMMUTED RATIONS AT THE TIME HE IS TEMPORARILY APPOINTED UNDER THE ABOVE PROVISIONS OF LAW AND, ACCORDINGLY, CREDIT OF COMMUTED RATIONS IS INCLUDED IN THE SAVED PAY AND ALLOWANCES TO WHICH HE IS ENTITLED. SUBSEQUENT TO HIS PROMOTION HE IS DETACHED AND TRANSFERRED TO ANOTHER ACTIVITY WHERE A GOVERNMENT MESS IS AVAILABLE. IF SUCH MEMBER WERE TRANSFERRED AS AN ENLISTED MEMBER, HIS ENTITLEMENT TO COMMUTED RATIONS WOULD TERMINATE UPON TRANSFER AND HE WOULD NOT AGAIN BE ENTITLED TO COMMUTED RATIONS UNTIL APPLICATION WAS MADE AND APPROVED AT HIS NEW DUTY STATION. WOULD THIS CHANGE OF CONDITIONS, WHICH WOULD HAVE AFFECTED HIS ENTITLEMENT TO PAY AND ALLOWANCES IN HIS FORMER STATUS, REDUCE THE SAVED PAY AND ALLOWANCES TO WHICH HE IS ENTITLED AS AN OFFICER BY ELIMINATING THE CREDIT FOR COMMUTED RATIONS?

THE SECOND QUESTION READS AS FOLLOWS:

SECOND, DOES A MEMBER, IN RECEIPT OF A BASIC ALLOWANCE FOR SUBSISTENCE AS AN ITEM OF SAVED PAY AND ALLOWANCES, WHO IS TRANSFERRED TO AN ACTIVITY WHERE A GOVERNMENT MESS IS AVAILABLE, THEREBY LOSING HIS ENTITLEMENT TO A BASIC ALLOWANCE FOR SUBSISTENCE, LOSE ALL RIGHTS TO INCLUDE AN ALLOWANCE FOR SUBSISTENCE AS AN ITEM OF SAVED PAY AND ALLOWANCES OR DOES HE, UPON LOSS OF THE SUBSISTENCE ALLOWANCE, BECOME ENTITLED TO INCLUDE THE VALUE OF COMMUTED RATIONS AS AN ITEM OF SAVED PAY AND ALLOWANCES?

THE THIRD QUESTION IS SET FORTH AND DISCUSSED AS FOLLOWS:

ANOTHER QUESTION OF A SLIGHTLY DIFFERENT NATURE IS ALSO SUBMITTED FOR YOUR CONSIDERATION: A COMMISSIONED WARRANT OFFICER (W-4) WITH OVER 20 YEARS' SERVICE FOR PAY PURPOSES IS TEMPORARILY PROMOTED TO LIEUTENANT (0- 3E) UNDER THE ABOVE PROVISIONS OF LAW. AS A CWO W-4 HE IS ENTITLED TO BASIC PAY AT $528.00, SUBSISTENCE AT $47.88 AND BASIC ALLOWANCE OF QUARTER (W) AT $119.70, A TOTAL OF $695.58. AS A LIEUTENANT (0-3E) HE IS ENTITLED TO BASIC PAY AT $535.00, SUBSISTENCE AT $47.88 AND BASIC ALLOWANCE FOR QUARTERS (W) AT $102.60, A TOTAL OF $685.48. ON THE BASIS OF THE FOREGOING THE MEMBER IS ENTITLED TO THE SAVED PAY AND ALLOWANCES OF A CWO W-4. YOUR DECISION B-46317 OF APRIL 10, 1945 (24 COMP. GEN. 739), STATES THAT THE RIGHT TO RENTAL ALLOWANCES WHICH WOULD BE PAYABLE TO AN OFFICER HAD HE NOT BEEN FURNISHED GOVERNMENT QUARTERS AT THE TIME OF HIS TEMPORARY APPOINTMENT IS SAVED TO HIM. HOWEVER, IN THE CASE DESCRIBED HEREIN, IF THE OFFICER IS ASSIGNED PUBLIC QUARTERS AT THE TIME OF HIS TEMPORARY PROMOTION HIS CREDIT OF SAVED PAY AND ALLOWANCES AS A CWO W-4 WOULD BE $575.88 ($528.00 BASIC PAY AND $47.88 SUBSISTENCE), WHICH WOULD BE $7.00 LESS PER MONTH THAN THE ACTUAL CREDIT OF PAY AND ALLOWANCES AS A LIEUTENANT (0-3E), WHICH WOULD BE $528.88 ($535.00 BASIC PAY AND $47.88 SUBSISTENCE). THIS SITUATION WOULD EXIST UNTIL SUCH TIME AS PUBLIC QUARTERS WERE NO LONGER AVAILABLE. IN VIEW OF SUCH A POSSIBILITY, INFORMATION IS REQUESTED AS TO WHETHER A MEMBER MAY ELECT TO RECEIVE THE PAY OF THE RANK TO WHICH APPOINTED OR PROMOTED EVEN THOUGH THE VALUE OF THE SAVED PAY, AS DISTINGUISHED FROM THE AMOUNT PAYABLE, MAY BE GREATER.

SECTION 5586 OF TITLE 10, U.S. CODE, RELATES TO ORIGINAL APPOINTMENTS IN THE REGULAR NAVY AND REGULAR MARINE CORPS FROM WARRANT OFFICERS AND ENLISTED MEMBERS. IT CONTAINS THE FOLLOWING PERTINENT PROVISION:

(F) AN OFFICER APPOINTED UNDER THIS SECTION MAY NOT SUFFER ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED AT THE TIME OF HIS APPOINTMENT BECAUSE OF HIS FORMER STATUS.

SECTION 5596 (F) OF TITLE 10, U.S. CODE, APPLICABLE TO TEMPORARY APPOINTMENTS IN THE NAVY AND MARINE CORPS, PROVIDES AS FOLLOWS:

(F) TEMPORARY APPOINTMENTS UNDER THIS SECTION DO NOT CHANGE THE PERMANENT, PROBATIONARY, OR ACTING STATUS OF MEMBERS SO APPOINTED, PREJUDICE THEM IN REGARD TO PROMOTION OR APPOINTMENT, OR ABRIDGE THEIR RIGHTS OR BENEFITS. A PERSON RECEIVING A TEMPORARY APPOINTMENT UNDER THIS SECTION MAY NOT SUFFER ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED BECAUSE OF HIS PERMANENT STATUS AT THE TIME OF HIS TEMPORARY APPOINTMENT, OR ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER GRADE.

AN IDENTICAL PROVISION IS CONTAINED IN SECTION 5597 (H) OF TITLE 10, U.S. CODE, WHICH RELATES TO TEMPORARY APPOINTMENTS IN THE NAVY AND MARINE CORPS IN TIME OF WAR OR NATIONAL EMERGENCY.

SECTION 5598 (E) OF TITLE 10, U.S. CODE, GOVERNING THE SAVED PAY RIGHTS OF CERTAIN PERSONS RECEIVING TEMPORARY APPOINTMENTS IN THE NAVAL RESERVE AND MARINE RESERVE IN TIME OF WAR OR NATIONAL EMERGENCY, PROVIDES AS FOLLOWS:

(E) THE APPOINTMENT OF A PERMANENT WARRANT OFFICER TO A HIGHER GRADE UNDER THIS SECTION DOES NOT VACATE HIS PERMANENT GRADE OR PREJUDICE ANY RIGHT, PRIVILEGE, BENEFIT OR PROMOTION STATUS TO WHICH HE WAS ENTITLED BECAUSE OF HIS PERMANENT GRADE.

SECTION 5784 (E) OF TITLE 10, U.S. CODE, WHICH RELATES TO TEMPORARY PROMOTION OF ENSIGNS IN THE NAVY AND SECOND LIEUTENANTS IN THE MARINE CORPS, PROVIDES AS FOLLOWS:

(E) TEMPORARY APPOINTMENTS UNDER THIS SECTION DO NOT CHANGE THE PERMANENT, PROBATIONARY, OR ACTING STATUS OF MEMBERS SO APPOINTED, PREJUDICE THEM IN REGARD TO OTHER PROMOTION OR APPOINTMENT, OR ABRIDGE THEIR RIGHTS OR BENEFITS. A MEMBER WHO RECEIVES A TEMPORARY APPOINTMENT UNDER THIS SECTION MAY NOT SUFFER ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED BECAUSE OF HIS PERMANENT STATUS AT THE TIME OF HIS TEMPORARY APPOINTMENT, OR ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER GRADE.

SECTION 5787 OF TITLE 10, U.S. CODE, RELATES TO TEMPORARY PROMOTIONS IN THE NAVY AND MARINE CORPS IN TIME OF WAR OR NATIONAL EMERGENCY AND SUBSECTION (H) OF THAT SECTION READS AS FOLLOWS:

TEMPORARY APPOINTMENTS UNDER THIS SECTION DO NOT CHANGE THE PERMANENT, PROBATIONARY, OR ACTING STATUS OF MEMBERS SO APPOINTED, PREJUDICE THEM IN REGARD TO OTHER PROMOTION OR APPOINTMENT, OR ABRIDGE THEIR RIGHTS OR BENEFITS. A MEMBER WHO RECEIVES A TEMPORARY APPOINTMENT UNDER THIS SECTION MAY NOT SUFFER ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED AT THE TIME OF HIS APPOINTMENT.

THE SAVINGS PROVISIONS OF THE VARIOUS SECTIONS OF TITLE 10 OF THE U.S.C. HERE INVOLVED WERE DERIVED FROM SECTION 7 (A) OF THE ACT OF JULY 24, 1941, AS AMENDED, 34 U.S.C. 350F (A); SECTION 7 OF THE ACT OF JUNE 27, 1942, 34 U.S.C. 338F; SECTION 302 (C) OF THE OFFICER PERSONNEL ACT OF 1947, 34 U.S.C. 3C (E); AND SECTION 3 (B) OF THE WARRANT OFFICER ACT OF 1954, 34 U.S.C. 135A (B). IN CONSTRUING SUCH STATUTORY PROVISIONS WE HAVE HELD THAT THEY SAVED A PERSON TEMPORARILY APPOINTED OR PROMOTED TO A HIGHER GRADE FROM ANY REDUCTION IN THE ITEMS OF PAY AND ALLOWANCES TO WHICH HE ACTUALLY WAS ENTITLED AT THE TIME OF HIS TEMPORARY APPOINTMENT OR PROMOTION TO THE EXTENT HE WOULD HAVE RECEIVED SUCH PAY AND ALLOWANCES IN HIS PERMANENT GRADE UNDER THE CONDITIONS OF HIS ACTUAL SUBSEQUENT SERVICE. WE HAVE HELD FURTHER, HOWEVER, THAT WHILE PAY AND ALLOWANCES WERE SO SAVED FROM REDUCTION DUE TO THE TEMPORARY APPOINTMENT OR PROMOTION, THEY WERE NOT SAVED FROM REDUCTION DUE TO OTHER CHANGES IN CONDITIONS AFFECTING SUCH PAY AND ALLOWANCES, THAT IS, THE STATUTES DID NOT OPERATE TO SAVE OR CONTINUE ITEMS OF PAY AND ALLOWANCES (SUCH AS INCREASED PAY FOR FLYING DUTY, SEA DUTY, FOREIGN DUTY, ETC., AND RENTAL AND SUBSISTENCE ALLOWANCES) TO WHICH THE PERSON WOULD NOT HAVE BEEN ENTITLED, EITHER IN HIS PERMANENT STATUS OR IN HIS TEMPORARY STATUS, UNDER THE CONDITIONS OF HIS ACTUAL SUBSEQUENT SERVICE. THE FURTHER CONCLUSION HAS BEEN REACHED THAT A PERSON WHO RECEIVED THE PAY AND ALLOWANCES OF HIS HIGHER TEMPORARY GRADE BECAUSE THEY WERE EQUAL TO OR GREATER THAN THOSE OF HIS PERMANENT GRADE MIGHT NOT SUBSEQUENTLY BE PAID THE PAY AND ALLOWANCES OF HIS PERMANENT GRADE WHICH, BECAUSE OF CHANGED CONDITIONS OF SERVICE, INCREASED AND BECAME GREATER THAN THOSE OF HIS TEMPORARY GRADE. 23 COMP. GEN. 21; ID. 147; 24 ID. 761; AND 31 ID. 180.

SECTION 301 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, 37 U.S.C. 251, PROVIDES, GENERALLY, THAT EACH ENLISTED MEMBER OF THE UNIFORMED SERVICES WHO IS ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR SUBSISTENCE, THE AMOUNT THEREOF DEPENDING UPON THE CONDITIONS UNDER WHICH THE DUTY OF THE MEMBER IS BEING PERFORMED. THAT SECTION FURTHER PROVIDES THAT ENLISTED PERSONS SHALL BE ENTITLED TO RECEIVE THE BASIC ALLOWANCE FOR SUBSISTENCE WHILE ON AN AUTHORIZED LEAVE OF ABSENCE OR WHILE SICK IN HOSPITAL, BUT THAT ANY SUCH ALLOWANCE SHALL NOT ACCRUE WHEN SUCH PERSONS ARE, IN FACT, BEING SUBSISTED AT GOVERNMENT EXPENSE. IT IS OUR VIEW THAT THE SUBSISTENCE IN KIND AND THE MONEY ALLOWANCE ARE ALTERNATIVES OF THE SAME BASIC ALLOWANCE, AN ENLISTED MEMBER BEING ENTITLED TO ONE AS A SUBSTITUTE FOR THE OTHER AT ALL TIMES; AND THAT AN ENLISTED MEMBER WHO IS OTHERWISE ENTITLED TO SAVED PAY AND ALLOWANCES IS ENTITLED TO CONTINUE TO RECEIVE EITHER SUBSISTENCE IN KIND OR A MONEY ALLOWANCE IN LIEU THEREOF AS AN ITEM OF HIS SAVED PAY AND ALLOWANCES SO LONG AS HE QUALIFIED FOR ONE OR THE OTHER. COMPARE 29 COMP. GEN. 347 AND 464.

ABSENCE OF A WRITTEN AUTHORIZATION TO MESS SEPARATELY AT THE NEW STATION WOULD NOT FURNISH A BASIS TO QUESTION THE CREDITING OF COMMUTED RATION ALLOWANCE TO THE TEMPORARY OFFICER MENTIONED IN THE FIRST QUESTION, AS A PART OF HIS SAVED PAY AND ALLOWANCES. WHILE SUCH AUTHORIZATION NORMALLY IS ISSUED AS A MATTER OF COURSE TO AN ENLISTED MAN WHO REQUESTS SUCH ACTION UPON ARRIVAL AT HIS NEW STATION FROM A STATION AT WHICH HE WAS PERMITTED TO MESS SEPARATELY--- FOR THE PURPOSE HERE INVOLVED IT MAY BE ASSUMED THAT SUCH AUTHORIZATION WOULD HAVE BEEN ISSUED TO THE MEMBER HAD HE BEEN TRANSFERRED AS AN ENLISTED MAN--- IT WOULD HAVE BEEN INAPPROPRIATE TO ISSUE SUCH AUTHORIZATION TO THE MEMBER IN HIS TEMPORARY OFFICER STATUS, SINCE OFFICERS ARE PAID A SUBSISTENCE ALLOWANCE AT ALL TIMES AND MAKE THEIR OWN ARRANGEMENTS FOR SECURING THEIR MEALS. ACCORDINGLY, THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

SINCE THE ACTUAL CONDITIONS OF SERVICE MUST BE CONSIDERED IN DETERMINING THE AMOUNT OF TOTAL COMPENSATION UNDER THE SAVINGS PROVISIONS, WHERE THE MEMBER IS TRANSFERRED TO AN ACTIVITY WHERE GOVERNMENT MESS IS AVAILABLE, HE LOSES THE RIGHT TO RECEIVE A SUBSISTENCE ALLOWANCE APPLICABLE ONLY WHEN RATIONS IN KIND ARE NOT AVAILABLE. SINCE WE THINK THAT SUBSISTENCE IN KIND AND THE MONEY ALLOWANCES ARE ALTERNATIVES OF THE SAME BASIC ALLOWANCE AND THAT THE CONDITIONS UNDER WHICH DUTY IS PERFORMED MUST BE CONSIDERED, WHERE GOVERNMENT MESSING FACILITIES ARE AVAILABLE THE VALUE OF COMMUTED RATIONS MAY BE USED IN DETERMINING THE AMOUNT OF TOTAL COMPENSATION UNDER THE SAVINGS PROVISIONS. COMPARE 29 COMP. GEN. 347. THE SECOND QUESTION IS ANSWERED ACCORDINGLY.

IN OUR DECISION OF APRIL 10, 1945, B-46317, 24 COMP. GEN. 739, IN CONSTRUING THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941, 55 STAT. 728, AS AMENDED, A COMPARABLE STATUTE AUTHORIZING TEMPORARY PROMOTIONS OF OFFICERS IN THE ARMY OF THE UNITED STATES, WE HELD (QUOTING FROM THE SYLLABUS) THAT:

UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1941, AS AMENDED, SAVING TO WARRANT OFFICERS APPOINTED AS TEMPORARY COMMISSIONED OFFICERS IN THE ARMY OF THE UNITED STATES UNDER THE AUTHORITY THEREOF THE PAY AND ALLOWANCES TO WHICH ENTITLED "AT THE TIME OF SUCH TEMPORARY APPOINTMENT," THE RIGHT TO RENTAL ALLOWANCE APPLICABLE TO OFFICERS OF THE SECOND PAY PERIOD WHICH WOULD HAVE BEEN PAYABLE TO A CHIEF WARRANT OFFICER HAD HE NOT BEEN FURNISHED GOVERNMENT QUARTERS AT THE TIME OF HIS TEMPORARY APPOINTMENT AS SECOND LIEUTENANT IS SAVED TO HIM WHEN SERVING IN HIS TEMPORARY RANK UNDER CONDITIONS ENTITLING HIM TO RENTAL ALLOWANCE. SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED, 37 U.S.C. 252, PROVIDES, GENERALLY, THAT MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS THERE PROVIDED. IT IS THERE SPECIFIED 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.

SINCE QUARTERS IN KIND AND THE MONEY ALLOWANCE MUST BE REGARDED AS ALTERNATIVES OF THE SAME BASIC ALLOWANCE, SUCH ALLOWANCE IS ONE OF THE ITEMS PROPERLY FOR CONSIDERATION IN DETERMINING WHETHER OR NOT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO SAVED PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE CITED SECTIONS OF TITLE 10 OF THE U.S.C. HOWEVER, THE SAVINGS PROVISIONS DO NOT DEPRIVE MEMBERS TEMPORARILY APPOINTED OR TEMPORARILY PROMOTED OF THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE HIGHER GRADE TO WHICH APPOINTED OR PROMOTED. HENCE, SUCH MEMBERS WHO ARE FURNISHED GOVERNMENT QUARTERS MAY ELECT TO RECEIVE THE PAY AND ALLOWANCES OF THE HIGHER GRADE EVEN THOUGH THE PAY AND ALLOWANCES OF THE PERMANENT GRADE--- OMITTING THE QUARTERS ALLOWANCE NOT ACTUALLY PAYABLE UNDER THE CIRCUMSTANCES HERE INVOLVED--- EXCEED THOSE OF THE TEMPORARY GRADE.