B-148887, JUN. 6, 1962

B-148887: Jun 6, 1962

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WHILE THE OFFICER WAS HOSPITALIZED AT HERE PERMANENT STATION. YOUR REQUEST WAS ASSIGNED DO.NO. GOVERNMENT QUARTERS FOR AN OFFICER WITHOUT DEPENDENTS WERE NOT AVAILABLE AT THAT STATION FOR MAJOR KNOX. MAJOR KNOW WAS HOSPITALIZED AT VALLEY FORGE GENERAL HOSPITAL (HER PERMANENT STATION) WHILE MAINTAINING HERE PRIVATE QUARTERS. HELD THAT A MARRIED MEMBER BEING FURNISHED GOVERNMENT QUARTERS WILL FORFEIT HIS QUARTERS ALLOWANCE WHILE HIS ONLY DEPENDENT IS HOSPITALIZED WHICH YOU STATE INDICATES THAT THE FURNISHING OF A HOSPITAL BED IS CONSIDERED FURNISHING QUARTERS. YOU QUOTED PARAGRAPH 5-5 OF AR 37-104 AS FOLLOWS: "A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO THE BASIS ALLOWANCE FOR QUARTERS WHILE SICK IN HOSPITAL OR ON SICK LEAVE FROM HOSPITAL.

B-148887, JUN. 6, 1962

TO FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY SECOND INDORSEMENT DATED MAY 7, 1962, THE OFFICE, CHIEF OF FINANCE, FORWARDED YOUR LETTER DATED FEBRUARY 14, 1962, AND ENCLOSURES, IN WHICH YOU REQUESTED AN ADVANCE DECISION CONCERNING THE PAYMENT PROPOSED ON A VOUCHER IN FAVOR OF MAJOR GRACE E. KNOX, N 2 666, REPRESENTING BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD JANUARY 24 THROUGH FEBRUARY 4, 1962, WHILE THE OFFICER WAS HOSPITALIZED AT HERE PERMANENT STATION, VALLEY FORGE GENERAL HOSPITAL. YOUR REQUEST WAS ASSIGNED DO.NO. A 644 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

A CERTIFICATE ISSUED BY THE COMMANDING OFFICER OF THE HOSPITAL CERTIFIED THAT, EFFECTIVE DECEMBER 19, 1960, GOVERNMENT QUARTERS FOR AN OFFICER WITHOUT DEPENDENTS WERE NOT AVAILABLE AT THAT STATION FOR MAJOR KNOX. YOU SAY THAT DURING THE PERIOD JANUARY 24 THROUGH FEBRUARY 4, 1962, MAJOR KNOW WAS HOSPITALIZED AT VALLEY FORGE GENERAL HOSPITAL (HER PERMANENT STATION) WHILE MAINTAINING HERE PRIVATE QUARTERS.

YOU STATE THAT OUR DECISION OF OCTOBER 18, 1960, B-143501, 40 COMP. GEN. 215, HELD THAT A MARRIED MEMBER BEING FURNISHED GOVERNMENT QUARTERS WILL FORFEIT HIS QUARTERS ALLOWANCE WHILE HIS ONLY DEPENDENT IS HOSPITALIZED WHICH YOU STATE INDICATES THAT THE FURNISHING OF A HOSPITAL BED IS CONSIDERED FURNISHING QUARTERS. YOU QUOTED PARAGRAPH 5-5 OF AR 37-104 AS FOLLOWS:

"A MEMBER WITHOUT DEPENDENTS IS ENTITLED TO THE BASIS ALLOWANCE FOR QUARTERS WHILE SICK IN HOSPITAL OR ON SICK LEAVE FROM HOSPITAL, OF THE MEMBER IS RECEIVING BASIC ALLOWANCE FOR QUARTERS AT PERMANENT STATION AND CONTINUES TO MAINTAIN QUARTERS AT HIS PERMANENT STATION. A MEMBER WILL NOT BE ENTITLED TO THE BASIC ALLOWANCE FOR QUARTERS WHILE FURNISHED OR ASSIGNED QUARTERS AT PERMANENT STATION.'

YOU SUGGEST THAT MAJOR KNOX IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD OF HERE HOSPITALIZATION, SINCE SHE WAS FURNISHED GOVERNMENT QUARTERS.

IN DECISION 40 COMP. GEN. 215 WE HELD THAT WHERE A SERVICE MEMBER WITH ONLY ONE DEPENDENT IS ASSIGNED TO AND OCCUPIES SINGLE-TYPE QUARTERS DURING THE HOSPITALIZATION OF HIS ONLY DEPENDENT, THE MEMBER AND HIS DEPENDENT ARE REGARDED AS HAVING BEEN ASSIGNED ADEQUATE QUARTERS SO THAT NO QUARTERS ALLOWANCE MAY BE PAID, SINCE HE AND HIS DEPENDENT THEN WOULD BE FURNISHED ALL THE QUARTERS THEY COULD UTILIZE. WE WENT ON TO SAY, HOWEVER, THAT--

"* * * IF SINGLE-TYPE QUARTERS ARE ASSIGNED TO A MEMBER WHO CONTINUES TO MAINTAIN AND OCCUPY PRIVATE QUARTERS WHILE HIS DEPENDENT IS HOSPITALIZED, THERE WOULD SEEM NO REQUIREMENT THAT HE ACCEPT AND OCCUPY SUCH SINGLE QUARTERS, SINCE IT WOULD NOT BE AN ASSIGNMENT OF QUARTERS ADEQUATE FOR HIMSELF AND DEPENDENT, AND IF SUCH QUARTERS ARE, IN FACT, NOT OCCUPIED BY THE MEMBER SUCH AN ASSIGNMENT WOULD NOT PRECLUDE HIM FROM CONTINUING TO RECEIVE QUARTERS ALLOWANCE AS A MEMBER WITH A DEPENDENT DURING THE PERIOD OF HOSPITALIZATION OF THE DEPENDENT.'

SINCE IT APPEARS THAT ADEQUATE GOVERNMENT QUARTERS FOR AN OFFICER WITHOUT DEPENDENTS WERE NOT AVAILABLE OR ASSIGNED TO MAJOR KNOX AT HER STATION DURING THE PERIOD SHE WAS HOSPITALIZED AND SHE CONTINUED TO MAINTAIN HER PRIVATE QUARTERS, SHE IS NOT PRECLUDED FROM CONTINUING TO RECEIVE BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD JANUARY 24 TO FEBRUARY 4, 1962, EVEN THOUGH SHE WAS FURNISHED ALL THE QUARTERS SHE COULD UTILIZE DURING THE PERIOD OF HER ILLNESS.

ACCORDINGLY, PAYMENT OF THE VOUCHER, WHICH IS RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT.