B-153192, APRIL 2, 1964, 43 COMP. GEN. 650

B-153192: Apr 2, 1964

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DUTY ALTHOUGH MEMBERS OF RESERVE COMPONENTS OF THE UNIFORMED SERVICES WHO ARE CALLED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN 1 YEAR. MAY HAVE THE TRAINING STATION REGARDED AS COMING WITHIN THE TERM "PERMANENT STATION" IN THE FAMILY SEPARATION ALLOWANCE PROVISIONS IN 37 U.S.C. 427 (B) (1) FOR ENTITLEMENT TO PAYMENTS WHEN THEIR DEPENDENTS ARE PRECLUDED FROM MOVING TO THE PERMANENT STATION AT GOVERNMENT EXPENSE. RESERVE MEMBERS WHO ARE ORDERED TO ACTIVE DUTY FOR TRAINING. FOR PERIODS WHICH DO NOT EXCEED 30 DAYS ARE NOT REGARDED AS BEING SEPARATED FROM THEIR DEPENDENTS FOR AN EXTENDED PERIOD OF TIME AND. ARE NOT ENTITLED TO ALLOWANCES UNDER 37 U.S.C. 427 (B) (1). IS NOT DEFINED. RESERVISTS CALLED TO ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON BOARD A SHIP AWAY FROM ITS HOME PORT FOR MORE THAN 30 DAYS ARE ENTITLED TO FAMILY SEPARATION ALLOWANCE PAYMENTS.

B-153192, APRIL 2, 1964, 43 COMP. GEN. 650

FAMILY ALLOWANCES - SEPARATION - TYPE 2 - RESERVE TRAINING, ETC., DUTY. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - RESERVE TRAINING, ETC., DUTY. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - TEMPORARY DUTY - RESERVE TRAINING, ETC., DUTY. FAMILY ALLOWANCES - SEPARATION - TYPE 1 RESERVE TRAINING, ETC., DUTY ALTHOUGH MEMBERS OF RESERVE COMPONENTS OF THE UNIFORMED SERVICES WHO ARE CALLED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN 1 YEAR, OR TO ACTIVE DUTY FOR OTHER THAN TRAINING DUTY FOR LESS THAN 6 MONTHS, MAY HAVE THE TRAINING STATION REGARDED AS COMING WITHIN THE TERM "PERMANENT STATION" IN THE FAMILY SEPARATION ALLOWANCE PROVISIONS IN 37 U.S.C. 427 (B) (1) FOR ENTITLEMENT TO PAYMENTS WHEN THEIR DEPENDENTS ARE PRECLUDED FROM MOVING TO THE PERMANENT STATION AT GOVERNMENT EXPENSE, RESERVE MEMBERS WHO ARE ORDERED TO ACTIVE DUTY FOR TRAINING, OR TO ACTIVE DUTY FOR OTHER THAN TRAINING, FOR PERIODS WHICH DO NOT EXCEED 30 DAYS ARE NOT REGARDED AS BEING SEPARATED FROM THEIR DEPENDENTS FOR AN EXTENDED PERIOD OF TIME AND, THEREFORE, ARE NOT ENTITLED TO ALLOWANCES UNDER 37 U.S.C. 427 (B) (1). ALTHOUGH THE TERM "DUTY" IN 37 U.S.C. 427 (B) (2), WHICH AUTHORIZES FAMILY SEPARATION ALLOWANCE PAYMENTS FOR MEMBERS ON DUTY ON BOARD A SHIP AWAY FROM THE HOME PORT OF THE SHIP FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS, IS NOT DEFINED, THE DEFINITION OF "ACTIVE DUTY" IN 37 U.S.C. 101 (18) AS INCLUDING FULL-TIME TRAINING DUTY AND ANNUAL TRAINING DUTY MAY BE USED FOR FAMILY SEPARATION ALLOWANCE PURPOSES AND, THEREFORE, RESERVISTS CALLED TO ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING ON BOARD A SHIP AWAY FROM ITS HOME PORT FOR MORE THAN 30 DAYS ARE ENTITLED TO FAMILY SEPARATION ALLOWANCE PAYMENTS. WHILE A RESERVIST WHO IS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 45 DAYS AWAY FROM THE RESERVE UNIT TO WHICH HE IS ATTACHED FOR DRILL PURPOSES MAY NOT BE REGARDED AS HAVING AN ACTIVE DUTY STATION OTHER THAN THE STATION TO WHICH HE IS ORDERED FOR TRAINING DUTY TO BE CONSIDERED AS ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION FOR THE FAMILY SEPARATION ALLOWANCE AUTHORIZED UNDER CLAUSE (3) OF 37 U.S.C. 427 (B), HE MAY, BECAUSE THE ASSIGNMENT IS IN EXCESS OF 30 DAYS, HAVE THE TRAINING STATION REGARDED AS HIS PERMANENT STATION FOR FAMILY SEPARATION ALLOWANCE ENTITLEMENT UNDER CLAUSE (1) OF SECTION 427 (B). THE RESTRICTIONS OR LIMITATIONS ON THE LENGTH OF PERMANENT DUTY ASSIGNMENTS FOR RESERVISTS, SUCH AS IN PARAGRAPH 1150-10B OF THE JOINT TRAVEL REGULATIONS, NEED NOT BE APPLIED TO THE BENEFICIAL FAMILY ALLOWANCE PROVISIONS IN 37 U.S.C. 427 (A), FOR PERMANENT DUTY OUTSIDE THE UNITED STATES OR ALASKA, AND, THEREFORE, RESERVISTS WHO ARE CALLED TO ACTIVE DUTY FOR TRAINING OR OTHER ACTIVE DUTY OUTSIDE OF THE UNITED STATES OR IN ALASKA FOR PERIODS IN EXCESS OF 30 DAYS AND WHO DO NOT HAVE ANY OTHER STATION THAT CAN BE REGARDED AS THEIR PERMANENT DUTY STATION MAY BE REGARDED AS SERVING ON PERMANENT DUTY FOR ENTITLEMENT TO FAMILY ALLOWANCE PAYMENTS UNDER 37 U.S.C. 427 (A).

TO THE SECRETARY OF DEFENSE, APRIL 2, 1964:

REFERENCE IS MADE TO LETTER DATED JANUARY 2, 1964, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) REQUESTING DECISION ON SEVERAL QUESTIONS INVOLVING MEMBERS OF RESERVE COMPONENTS IN CONNECTION WITH THE IMPLEMENTATION OF THE FAMILY SEPARATION ALLOWANCE PROVISIONS OF SECTION 427 OF TITLE 37, U.S. CODE, AS SET FORTH AND DISCUSSED IN COMMITTEE ACTION NO. 332 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

SECTION 427 OF TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF A MONTHLY FAMILY SEPARATION ALLOWANCE TO CERTAIN MEMBERS UNDER SPECIFIED CONDITIONS, AS FOLLOWS:

SEC. 427. FAMILY SEPARATION ALLOWANCE

(A) IN ADDITION TO ANY ALLOWANCE OR PER DIEM TO WHICH HE OTHERWISE MAY BE ENTITLED UNDER THIS TITLE, A MEMBER OF A UNIFORMED SERVICE WITH DEPENDENTS WHO IS ON PERMANENT DUTY OUTSIDE OF THE UNITED STATES, OR IN ALASKA, IS ENTITLED TO A MONTHLY ALLOWANCE EQUAL TO THE BASIC ALLOWANCE FOR QUARTERS PAYABLE TO A MEMBER WITHOUT DEPENDENTS IN THE SAME PAY GRADE IF---

(1) THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION IS NOT AUTHORIZED AT THE EXPENSE OF THE UNITED STATES UNDER SECTION 406 OF THIS TITLE AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION; AND

(2) QUARTERS OF THE UNITED STATES OR A HOUSING FACILITY UNDER THE JURISDICTION OF A UNIFORMED SERVICE ARE NOT AVAILABLE FOR ASSIGNMENT TO HIM.

(B) EXCEPT IN TIME OF WAR OR OF NATIONAL EMERGENCY HEREAFTER DECLARED BY CONGRESS, AND IN ADDITION TO ANY ALLOWANCE OR PER DIEM TO WHICH HE OTHERWISE MAY BE ENTITLED UNDER THIS TITLE, INCLUDING SUBSECTION (A) OF THIS SECTION, A MEMBER OF A UNIFORMED SERVICE WITH DEPENDENTS (OTHER THAN A MEMBER IN PAY GRADE E-1, E-2, E-3, OR E-4 (4 YEARS' OR LESS SERVICE) ( WHO IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS IS ENTITLED TO A MONTHLY ALLOWANCE EQUAL TO $30 IF---

(1) THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR APLACE NEAR THAT STATION IS NOT AUTHORIZED AT THE EXPENSE OF THE UNITED STATES UNDER SECTION 406 OF THIS TITLE AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION;

(2) HE IS ON DUTY ON BOARD A SHIP AWAY FROM THE HOME PORT OF THE SHIP FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS; OR

(3) HE IS ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR HIS TEMPORARY DUTY STATION.

A MEMBER WHO BECOMES ENTITLED TO AN ALLOWANCE UNDER THIS SUBSECTION BY VIRTUE OF DUTY DESCRIBED IN CLAUSE (2) OR (3) FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS IS ENTITLED TO THE ALLOWANCE EFFECTIVE AS OF THE FIRST DAY OF THAT PERIOD.

THE QUESTIONS PRESENTED IN THE COMMITTEE ACTION ARE AS FOLLOWS:

1. MAY MEMBERS OF THE RESERVE COMPONENTS BE PAID THE FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (1):

(A) IF CALLED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN ONE YEAR?

(B) IF CALLED TO ACTIVE DUTY FOR OTHER THAN TRAINING DUTY FOR LESS THAN SIX MONTHS?

2. IF THE ANSWER TO QUESTION 1. (A) OR 1. (B) IS AFFIRMATIVE, WOULD THAT ANSWER BE THE SAME AS TO ANY PERIOD OF ACTIVE DUTY FOR TRAINING FOR LESS THAN 1 YEAR, OR AS TO ANY PERIOD OF ACTIVE DUTY FOR OTHER THAN TRAINING DUTY FOR LESS THAN SIX MONTHS?

3. FOR PURPOSES OF ENTITLEMENT TO FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (2), DOES THE WORD "DUTY"IN CLAUSE (2) INCLUDE "ACTIVE DUTY" AS DEFINED IN SECTION 101 OF TITLE 37 SO AS TO PERMIT THE ALLOWANCE TO BE PAID A RESERVIST WHO PERFORMS ACTIVE DUTY FOR TRAINING FOR THE PERIOD REQUIRED BY THAT CLAUSE ABOARD A SHIP AWAY FROM ITS HOME PORT?

4. MAY RESERVISTS CALLED TO ACTIVE DUTY FOR TRAINING OR OTHER ACTIVE DUTY FOR SHORT TOURS, AND SO SERVING FOR A PERIOD OF MORE THAN 30 DAYS, BE PAID THE FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (3) IF OTHERWISE ENTITLED TO SUCH ALLOWANCE?

5. MAY RESERVISTS CALLED TO ACTIVE DUTY FOR TRAINING OR OTHER ACTIVE DUTY OUTSIDE OF THE UNITED STATES, OR IN ALASKA, BE PAID THE FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (A) FOR ANY PERIOD OF DUTY, IF OTHERWISE ENTITLED TO SUCH ALLOWANCE?

IN ITS DISCUSSION, THE MILITARY PAY AND ALLOWANCE COMMITTEE POINTS OUT THAT UNDER CLAUSE (1) OF SECTION 427 (B) A MEMBER WHO IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS, IS ENTITLED TO THE FAMILY SEPARATION ALLOWANCE IF THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE UNDER SECTION 406 OF TITLE 37 AND HIS DEPENDENTS DO NOT RESIDE AT OR NEAR THAT STATION. IT IS STATED THAT THE PURPOSE OF THE ALLOWANCE IS TO COMPENSATE A MEMBER FOR THE ADDED HOUSEHOLD EXPENSES INCURRED AT THE PLACE WHERE HIS DEPENDENTS RESIDE AS A RESULT OF THE SEPARATION OF THE MEMBER FROM HIS DEPENDENTS FOR A SUBSTANTIAL PERIOD OF TIME. BY ITS TERMS, THE COMMITTEE STATES, THE LAW DOES NOT EXCLUDE MEMBERS OF THE RESERVE COMPONENTS FROM ITS APPLICATION. IT IS SAID THAT IN THE CATEGORY OF THE SO-CALLED NON- CAREER RESERVE, THE MEMBER ORDINARILY IS ORDERED TO DUTY FROM HIS RESIDENCE WHICH, PRIOR TO HIS DEPARTURE, HE HAS OCCUPIED AND MAINTAINED, BUT NOT WHILE IN AN ACTIVE DUTY STATUS. THE RESERVIST, IT IS STATED, IS FREQUENTLY ORDERED TO ACTIVE DUTY FOR TRAINING FOR A 2-WEEKS' TOUR WHICH RESULTS IN A SEPARATION FROM HIS FAMILY, OR HE MAY BE ORDERED TO ACTIVE DUTY FOR LONGER PERIODS EITHER FOR TRAINING OR FOR OTHER THAN TRAINING DUTY.

THE COMMITTEE ACTION REFERS TO PERTINENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS. UNDER THE PROVISIONS OF PARAGRAPHS 7000-4 AND 7000-5 OF THOSE REGULATIONS, A MEMBER CALLED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN 1 YEAR AND A MEMBER CALLED TO ACTIVE DUTY FOR OTHER THAN TRAINING FOR LESS THAN 6 MONTHS IS NOT AUTHORIZED TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE. THE TERM "PERMANENT CHANGE OF STATION" IS DEFINED IN PARAGRAPH 3003-1A OF THE REGULATIONS AS MEANING THE TRANSFER OR ASSIGNMENT OF A MEMBER FROM ONE PERMANENT STATION TO ANOTHER, INCLUDING THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, TO FIRST STATION UPON APPOINTMENT, CALLED TO ACTIVE DUTY, ETC. UNDER PARAGRAPH 1150-10 OF THE REGULATIONS, A ,PERMANENT DUTY STATION" IS DEFINED AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD GOODS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR ,TEMPORARY ADDITIONAL DUTY.' TEMPORARY DUTY IS DEFINED IN PARAGRAPH 3003-2 OF THE REGULATIONS AS DUTY AT A LOCATION OTHER THAN A PERMANENT STATION TO WHICH A MEMBER IS ORDERED TO TEMPORARY DUTY UNDER ORDERS WHICH PROVIDE FOR FURTHER ASSIGNMENT TO A NEW PERMANENT STATION OR FOR RETURN TO THE OLD PERMANENT STATION.

IN THE LIGHT OF THE ABOVE-CITED REGULATIONS AND THE DISCUSSION IN THE MATTER, THE COMMITTEE POINTS OUT THAT THE RESERVISTS IN THE CATEGORIES COVERED BY QUESTION 1 ARE NOT ENTITLED TO MOVE THEIR DEPENDENTS AS GOVERNMENT EXPENSE UNDER SECTION 406 OF TITLE 37. IT IS STATED THAT IT HAS BEEN URGED THAT A RESERVIST PERFORMING ACTIVE DUTY FOR TRAINING IS NOT CONSIDERED TO HAVE A PERMANENT STATION DURING THE PERIOD OF EACH TRAINING DUTY AND THEREFORE IS NOT ENTITLED TO THE FAMILY SEPARATION ALLOWANCE. SUPPORT OF THE COMMITTEE'S VIEW, HOWEVER, THAT A RESERVIST WHO OTHERWISE QUALIFIES IS ENTITLED TO A FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF SECTION 427 (B), IT IS POINTED OUT THAT, AS A CONDITION TO ENTITLEMENT, THE MEMBER MUST BE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS AND, IN THAT CONNECTION, REFERENCE IS MADE TO PARAGRAPH 1 (D) OF EXECUTIVE ORDER 10204, DATED JANUARY 15, 1951. PARAGRAPH 1 (D) DEFINES "PERMANENT STATION" FOR QUARTERS ALLOWANCE PURPOSES, AND EXPRESSLY PROVIDES THAT, IN THE CASE OF RESERVE COMPONENTS ON ACTIVE DUTY FOR TRAINING, THE PLACE WHERE THE TRAINING DUTY IS BEING PERFORMED SHALL BE DEEMED TO BE THE PERMANENT STATION OF SUCH MEMBERS. IT IS STATED, HOWEVER, THAT DOUBT REMAINS AS TO THE MEANING OF THE WORDS "PERMANENT STATION" AS USED IN CLAUSE (1) OF SECTION 427 (B) IN CASES WHERE A RESERVIST IS ORDERED FROM HIS HOME TO DUTY OF LIMITED DURATION. THE QUESTION IS ASKED "DOES A RESERVIST ON A TOUR OF TWO WEEKS ACTIVE DUTY FOR TRAINING HAVE A PERMANENT STATION WITHIN THE MEANING OF SUBSECTION (B/? " IT IS THE COMMITTEE'S VIEW THAT A PERIOD OF CONTINUOUS DUTY OF MORE THAN 30 DAYS AND SEPARATION FROM THE FAMILY FOR SUCH A PERIOD WOULD BE A SUBSTANTIAL PERIOD OF TIME IN KEEPING WITH THE BASIC PURPOSE OF THE LAW AND WOULD BE IN ACCORD WITH THE REQUIREMENTS IN CLAUSES (2) AND (3) OF SECTION 427 (B).

GENERALLY, MEMBERS OF THE RESERVE COMPONENTS OF THE UNIFORMED SERVICES (WHICH INCLUDES THE ARMY AND AIR NATIONAL GUARD OF THE UNITED STATES) ARE ENTITLED TO PAY AND ALLOWANCES AS PRESCRIBED BY LAW FOR PERFORMANCE OF ACTIVE DUTY, ACTIVE DUTY FOR TRAINING, TRAINING DUTY, ETC. 10 U.S.C. 683; 37 U.S.C. 204 AND 206. SINCE THE FAMILY SEPARATION ALLOWANCE BENEFITS PRESCRIBED IN SECTION 427 OF TITLE 37, U.S. CODE, ARE MADE APPLICABLE TO "A MEMBER OF A UNIFORMED SERVICE" WHICH TERM GENERALLY INCLUDES A MEMBER OF A RESERVE COMPONENT (SEE THE DEFINITION IN 37 U.S.C. 101 (3) (23, AND 24) (, THERE WOULD BE NO BASIS TO IMPUTE TO THE CONGRESS AN INTENTION OF EXCLUDING RESERVE MEMBERS IN THE CATEGORIES DESCRIBED IN QUESTION 1 PROVIDED THOSE MEMBERS OTHERWISE MEET THE REQUIREMENTS OF THE LAW. HAD CONGRESS INTENDED TO EXCLUDE RESERVE MEMBERS IN THOSE CATEGORIES, WE BELIEVE APPROPRIATE LANGUAGE WOULD HAVE BEEN USED TO CARRY OUT SUCH INTENT.

AS A CONDITION TO ENTITLEMENT TO THE FAMILY SEPARATION ALLOWANCE AUTHORIZED IN SECTION 427 (B) OF TITLE 37, A MEMBER MUST BE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS FOR HIS DEPENDENTS. TO QUALIFY UNDER CLAUSE (1) OF SECTION 427 (B), THERE MUST ALSO BE NO AUTHORITY UNDER 37 U.S.C. 406 TO MOVE THE MEMBER'S DEPENDENTS TO HIS PERMANENT STATION OR A PLACE NEAR THAT STATION AND HIS DEPENDENTS MUST NOT RESIDE AT OR NEAR THAT STATION. WHILE THE TERM "PERMANENT STATION" AS USED IN CLAUSE (1) OF SECTION 427 (B) IS NOT THERE DEFINED, IT UNIFORMLY HAS BEEN VIEWED AS HAVING REFERENCE TO THE POST WHERE A MEMBER'S BASIC DUTY ASSIGNMENT IS FOR PERFORMANCE AND IS GENERALLY DEFINED IN PARAGRAPHS 1150-10A AND 3003-1A OF THE JOINT TRAVEL REGULATIONS FOR TRAVEL ALLOWANCE PURPOSES AS INDICATED ABOVE. THUS IT HAS BEEN HELD THAT WHEN MEMBERS OF A RESERVE COMPONENT (AIR NATIONAL GUARD) ARE ORDERED TO ACTIVE DUTY FOR TRAINING FOR PERIODS OF SHORT DURATION (15 DAYS) AND AFTER REPORTING TO THE TRAINING STATION ARE ORDERED TO ANOTHER LOCATION WHERE PRACTICALLY THE ENTIRE PERIOD OF DUTY IS PERFORMED, THE LOCATION OF SUCH DUTY MUST BE CONSIDERED THE TRAINING DUTY STATION SO AS TO PRECLUDE THE PAYMENT OF PER DIEM. SEE 41 COMP. GEN. 726 AND B-148049, JANUARY 21, 1964, 43 COMP. GEN. 521. IN THE LIGHT OF SUCH CONCLUSIONS AND THE PROVISIONS OF PARAGRAPH 1 (D) OF EXECUTIVE ORDER 10204, IT IS OUR VIEW THAT, FOR THE PURPOSES OF ENTITLEMENT TO A FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF SECTION 427 (B), THE TERM "PERMANENT STATION" AS USED IN CLAUSE (1) MAY BE DEEMED TO INCLUDE THE TRAINING DUTY STATION TO WHICH THE RESERVIST IS ORDERED AND WHERE HE PERFORMS TRAINING DUTY. SINCE, AS INDICATED ABOVE, THE MEMBERS IN QUESTION 1 ARE PRECLUDED FROM MOVING THEIR DEPENDENTS TO THE PERMANENT STATION AT GOVERNMENT EXPENSE, THOSE MEMBERS ARE ENTITLED TO A FAMILY SEPARATION ALLOWANCE IF THE OTHER CONDITIONS OF THE STATUTE ARE MET. QUESTION 1 (A) AND (B) IS ANSWERED IN THE AFFIRMATIVE SUBJECT TO THE QUALIFICATIONS INDICATED BELOW.

UNLIKE CLAUSES (2) AND (3) OF SECTION 427 (B), CLAUSE (1) DOES NOT REQUIRE SPECIFICALLY THAT THE MEMBER BE ON DUTY AT THE STATION INVOLVED AND SEPARATED FROM HIS FAMILY FOR A "CONTINUOUS PERIOD OF MORE THAN 30 DAYS" BEFORE ENTITLEMENT EXISTS. THE LEGISLATIVE HISTORY OF SECTION 427 (B), HOWEVER, SHOWS THAT THE RATIONALE OF THE ALLOWANCE IS THAT "ENFORCED SEPARATIONS" OF SERVICEMEN FROM THEIR FAMILIES CAUSE ADDED HOUSEHOLD AND FAMILY EXPENSES WHERE THE MEMBER IS ABSENT FOR ANY "EXTENDED PERIOD OF TIME.' (PAGE 25 OF S.REPT. NO. 387, TO ACCOMPANY H.R. 5555, WHICH WAS ENACTED AS PUBLIC LAW 88-132.) SINCE THE BENEFITS AUTHORIZED IN SECTION 427 (B) ARE BASED ON SEPARATION FROM THE FAMILY FOR AN "EXTENDED PERIOD OF TIME" WE CONCUR WITH THE VIEWS EXPRESSED IN COMMITTEE ACTION NO. 332 THAT THE SECTION REASONABLY MAY BE VIEWED AS CONTEMPLATING AN ASSIGNMENT TO DUTY WHICH WILL RESULT IN AN ENFORCED SEPARATION OF THE MEMBER FROM HIS FAMILY FOR A PERIOD OF MORE THAN 30 DAYS. CONSEQUENTLY, IT IS OUR VIEW THAT A MEMBER OF A RESERVE COMPONENT WHO IS ORDERED TO ACTIVE DUTY FOR TRAINING OR TO ACTIVE DUTY FOR OTHER THAN TRAINING DUTY FOR A PERIOD WHICH DOES NOT EXCEED 30 DAYS WOULD NOT BE ENTITLED TO AN ALLOWANCE UNDER SECTION 427 (B) (1). QUESTION 2 IS ANSWERED ACCORDINGLY. WITH RESPECT TO QUESTION 3, THE COMMITTEE STATES THAT ALTHOUGH THE INSTANCES ARE INFREQUENT, RESERVISTS MAY BE ORDERED FROM HOME TO DUTY ON BOARD A SHIP FOR TOURS OF ACTIVE DUTY, OR POSSIBLY ACTIVE DUTY FOR TRAINING, WHICH WOULD INVOLVE CONTINUOUS DUTY OF MORE THAN 30 DAYS BUT PROBABLY NOT MORE THAN 60 DAYS. UNDER CLAUSE (2) OF SECTION 427 (B), THE ALLOWANCES ARE PAYABLE, OTHER CONDITIONS BEING MET, WHEN THE MEMBER IS "ON DUTY ON BOARD A SHIP AWAY FROM THE HOME PORT OF THE SHIP FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS.' WHILE THE TERM "DUTY" IS NOT THERE DEFINED, THE TERM "ACTIVE DUTY" AS DEFINED IN THE BASIC STATUTE, 37 U.S.C. 101 (18/--- TO WHICH STATUTE SECTION 427 (B) IS ADDED AND MADE A PART--- AS MEANING FULL- TIME DUTY IN THE ACTIVE SERVICE OF A UNIFORMED SERVICE, AND INCLUDES DUTY ON AN ACTIVE LIST, FULL-TIME TRAINING DUTY, ANNUAL TRAINING DUTY, ETC. WE FIND NOTHING IN THE LEGISLATIVE HISTORY OF SECTION 427 (B) WHICH WOULD INDICATE THAT THE TERM "DUTY" ON BOARD A SHIP IN CLAUSE (2) IS TO BE GIVEN A MEANING DIFFERENT FROM THAT NORMALLY APPLIED TO THAT TERM. ACCORDINGLY, IN THE CASE OF RESERVISTS CALLED TO ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING WHICH INVOLVES CONTINUOUS DUTY OF MORE THAN 30 DAYS, WE BELIEVE, FOR THE PURPOSES OF CLAUSE (2), THE TERM "DUTY" INCLUDES "ACTIVE DUTY" AS DEFINED IN 37 U.S.C. 101 (18). ACCORDINGLY, QUESTION 3 IS ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO QUESTION 4, THE COMMITTEE STATES THAT THE QUESTION RELATES TO A RESERVE MEMBER ATTACHED TO A RESERVE UNIT IN HIS HOME TOWN AND REGULARLY PERFORMING DRILLS THERE WHO WAS ORDERED TO 45 DAYS' ACTIVE DUTY FOR TRAINING ABOUT 200 MILES AWAY. HE MAINTAINED A FAMILY RESIDENCE AND DID NOT TAKE HIS DEPENDENTS WITH HIM. IT IS STATED THAT IT WAS ASSUMED HIS DRILLING UNIT IN HIS HOME TOWN COULD BE CONSIDERED HIS PERMANENT STATION AND, SINCE DUTY OF 45 DAYS' DURATION DID NOT SEEM TO BE PERMANENT DUTY, IT WAS ASKED IF IT COULD BE REGARDED AS TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION WITHIN THE MEANING OF CLAUSE (3) OF SECTION 427 (B).

AS INDICATED IN ANSWER TO QUESTIONS 1 AND 2 ABOVE, IT IS OUR VIEW THAT A RESERVIST OF AN ELIGIBLE GRADE AND WITH DEPENDENTS WHO IS ORDERED TO ACTIVE DUTY FOR TRAINING FOR LESS THAN 1 YEAR OR TO ACTIVE DUTY FOR OTHER THAN TRAINING DUTY FOR LESS THAN 6 MONTHS, BUT FOR A PERIOD OF MORE THAN 30 DAYS, IS ENTITLED TO A FAMILY SEPARATION ALLOWANCE UNDER SECTION 427 (B) (1) IF HIS DEPENDENTS DO NOT RESIDE AT OR NEAR HIS STATION, SINCE THE MOVEMENT OF HIS DEPENDENTS TO HIS PERMANENT DUTY STATION IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. A PERMANENT DUTY ASSIGNMENT FOR A MEMBER ON EXTENDED ACTIVE DUTY GENERALLY CONTEMPLATES AN ASSIGNMENT FOR AN INDETERMINATE PERIOD OR FOR A PERIOD OF AT LEAST SEVERAL MONTHS. SEE, FOR EXAMPLE, PARAGRAPH 1150-10B, JOINT TRAVEL REGULATIONS, AND 34 COMP. GEN. 260. THE RESERVIST WHO WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 45 DAYS AWAY FROM THE RESERVE UNIT TO WHICH HE WAS ATTACHED FOR DRILL PURPOSES HAD NO ACTIVE DUTY STATION OTHER THAN THE STATION TO WHICH HE WAS ORDERED FOR TRAINING DUTY. THEREFORE, SINCE THE ASSIGNMENT WAS IN EXCESS OF 30 DAYS, THE TRAINING DUTY STATION SHOULD BE REGARDED AS THE MEMBER'S PERMANENT STATION FOR FAMILY SEPARATION ALLOWANCE PURPOSES AND HE IS ENTITLED TO THE ALLOWANCE UNDER CLAUSE (1) RATHER THAN CLAUSE (3) OF SECTION 427 (B). SEE, GENERALLY, DECISION OF FEBRUARY 12, 1964, B-153214, 43 COMP. GEN. 553. QUESTION 4 IS ANSWERED ACCORDINGLY.

WITH RESPECT TO QUESTION 5, A MEMBER IS ENTITLED TO THE ALLOWANCE AUTHORIZED IN SECTION 427 (A) OF TITLE 37 IF HE IS "ON PERMANENT DUTY OUTSIDE THE UNITED STATES, OR IN ALASKA," AND HE MEETS THE OTHER CONDITIONS THERE STATED. WE FIND NOTHING IN THE LAW OR THE LEGISLATIVE HISTORY WHICH SPECIFICALLY RESTRICTS OR LIMITS THE PAYMENT OF THE ALLOWANCE TO A SPECIFIED PERIOD OF DUTY OUTSIDE THE UNITED STATES OR INALASKA. THE LAW, HOWEVER, REQUIRES THAT THE MEMBER BE ASSIGNED ON "PERMANENT DUTY" OUTSIDE OF THE UNITED STATES, OR IN ALASKA, BEFORE ENTITLEMENT EXISTS. AS INDICATED IN ANSWER TO THE PRECEDING QUESTION, THE PERMANENT DUTY STATION OF A MEMBER GENERALLY IS THE PLACE AT WHICH HE IS ASSIGNED FOR THE PERFORMANCE OF HIS REGULAR AND USUAL DUTIES FOR AN INDEFINITE PERIOD OR, IN CERTAIN CIRCUMSTANCES, FOR A PRESCRIBED PERIOD OF NOT LESS THAN 20 WEEKS. IN VIEW OF THE BENEFICIAL PROVISIONS OF SECTION 427 (A), HOWEVER, WE DO NOT BELIEVE THAT IT WAS INTENDED THAT PAYMENTS UNDER THAT SECTION SHOULD BE LIMITED TO SUCH ASSIGNMENTS IN THE CASE OF RESERVISTS CALLED TO ACTIVE DUTY FOR TRAINING OR OTHER ACTIVE DUTY OUTSIDE THE UNITED STATES OR IN ALASKA FOR LIMITED PERIODS. ACCORDINGLY, IN LINE WITH THE ABOVE ANSWERS TO QUESTIONS 2 AND 4, IF THE RESERVIST IS ASSIGNED TO DUTY AT A STATION OUTSIDE THE UNITED STATES OR IN ALASKA FOR A PERIOD IN EXCESS OF 30 DAYS AND HAS NO OTHER STATION WHICH PROPERLY MAY BE REGARDED AS HIS PERMANENT DUTY STATION, HE MAY BE REGARDED AS SERVING "ON PERMANENT DUTY" AT SUCH STATION WITHIN THE CONTEMPLATION OF SECTION 427 (A), AND ENTITLED TO THE ALLOWANCE THERE AUTHORIZED IF HE OTHERWISE QUALIFIES. QUESTION 5 IS ANSWERED ACCORDINGLY.