B-153214, FEBRUARY 12, 1964, 43 COMP. GEN. 553

B-153214: Feb 12, 1964

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WHICH AUTHORIZES FAMILY SEPARATION ALLOWANCE PAYMENTS TO MEMBERS OF THE UNIFORMED SERVICES WHEN THE SEPARATION OF THE MEMBER FROM HIS DEPENDENTS IS DUE TO THE RESTRICTION ON THE RIGHT OF DEPENDENTS TO TRAVEL TO THE MEMBER'S PERMANENT DUTY STATION AT GOVERNMENT EXPENSE. IS THE PRINCIPLE STATUTORY AUTHORITY FOR PAYMENT OF THE ALLOWANCE AND IS APPLICABLE TO ALL CASES. WHEN MEMBERS MEET THE ENTITLEMENT CONDITIONS OF CLAUSE (1) THE SPECIAL PROVISIONS OF CLAUSES (2) AND (3) ARE NOT FOR CONSIDERATION. THE TERM "PERMANENT DUTY STATION" IS CONSTRUED AS HAVING REFERENCE TO EITHER THE HOME PORT. HOME YARD OR OTHER SHORE ESTABLISHMENT DEPENDING UPON WHERE THE SHIP IS LOCATED. MEMBERS OF THE UNIFORMED SERVICES WHO ARE ASSIGNED TO A SHIP AT A HOME PORT OR AT ANOTHER LOCATION TO WHICH THE MEMBER'S DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL UNDER REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406 ARE REGARDED AS SEPARATED FROM THEIR DEPENDENTS BECAUSE OF THE RESTRICTION ON THE RIGHT OF THE DEPENDENTS TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE MEMBER'S PERMANENT DUTY STATION.

B-153214, FEBRUARY 12, 1964, 43 COMP. GEN. 553

FAMILY ALLOWANCES - SEPARATION - TYPE 2 - GENERAL ENTITLEMENT. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - PERMANENT STATION DEFINED. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - PERMANENT STATION DEFINED. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - HOME PORT CHANGES. FAMILY ALLOWANCES - SEPARATION - DEPENDENT TRANSPORTATION DETERMINATION - OTHER ENTITLEMENT EFFECT. FAMILY ALLOWANCES - SEPARATION - DEPENDENT TRANSPORTATION DETERMINATION - OTHER ENTITLEMENT EFFECT. FAMILY ALLOWANCES - SEPARATION - TYPE 2 - SHIP DUTY - RESIDENCE NEAR VESSEL LOCATION CLAUSE (1) OF THE FAMILY SEPARATION ALLOWANCE PROVISIONS IN 37 U.S.C. 427 (B), WHICH AUTHORIZES FAMILY SEPARATION ALLOWANCE PAYMENTS TO MEMBERS OF THE UNIFORMED SERVICES WHEN THE SEPARATION OF THE MEMBER FROM HIS DEPENDENTS IS DUE TO THE RESTRICTION ON THE RIGHT OF DEPENDENTS TO TRAVEL TO THE MEMBER'S PERMANENT DUTY STATION AT GOVERNMENT EXPENSE, IS THE PRINCIPLE STATUTORY AUTHORITY FOR PAYMENT OF THE ALLOWANCE AND IS APPLICABLE TO ALL CASES, INCLUDING THE SPECIAL CLASS OF MEMBERS ASSIGNED TO SHIP DUTY COVERED BY CLAUSE (2) AND THE SPECIAL CATEGORY ON EXTENDED TEMPORARY DUTY REFERRED TO IN CLAUSE (3), AND, THEREFORE, WHEN MEMBERS MEET THE ENTITLEMENT CONDITIONS OF CLAUSE (1) THE SPECIAL PROVISIONS OF CLAUSES (2) AND (3) ARE NOT FOR CONSIDERATION. TO ENTITLE MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO VESSELS TO THE FAMILY SEPARATION ALLOWANCE AUTHORIZED UNDER CLAUSE (1) OF SECTION 427 (B) OF TITLE 37 OF THE U.S.C. FOR MEMBERS SEPARATED FROM THEIR DEPENDENTS BECAUSE OF THE RESTRICTION ON THE RIGHT OF THE DEPENDENTS TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE MEMBER'S PERMANENT DUTY STATION, THE TERM "PERMANENT DUTY STATION" IS CONSTRUED AS HAVING REFERENCE TO EITHER THE HOME PORT, HOME YARD OR OTHER SHORE ESTABLISHMENT DEPENDING UPON WHERE THE SHIP IS LOCATED. MEMBERS OF THE UNIFORMED SERVICES WHO ARE ASSIGNED TO A SHIP AT A HOME PORT OR AT ANOTHER LOCATION TO WHICH THE MEMBER'S DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL UNDER REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 406 ARE REGARDED AS SEPARATED FROM THEIR DEPENDENTS BECAUSE OF THE RESTRICTION ON THE RIGHT OF THE DEPENDENTS TO TRANSPORTATION AT GOVERNMENT EXPENSE TO THE MEMBER'S PERMANENT DUTY STATION, AND, THEREFORE, SUCH MEMBERS ARE ENTITLED TO FAMILY SEPARATION ALLOWANCE PAYMENTS. A NAVY MEMBER WHO REPORTS FOR DUTY ABOARD A VESSEL UNDERGOING CONVERSION AT THE NEW YORK NAVAL SHIPYARD AFTER THE DATE OF OFFICIAL NOTIFICATION THAT THE HOME PORT WOULD BE CHANGED FROM NEW YORK TO LONG BEACH, CALIFORNIA, BUT PRIOR TO THE EFFECTIVE DATE OF THE CHANGE SO THAT HE COMES WITHIN THE RESTRICTION IN PARAGRAPH 7000-13 OF THE JOINT TRAVEL REGULATIONS PRECLUDING THE MOVEMENT OF HIS DEPENDENTS AT GOVERNMENT EXPENSE TO THE NEW YORK SHIPYARD AFTER OFFICIAL NOTICE OF THE HOME PORT CHANGE MAY BE REGARDED AS SEPARATED FROM HIS DEPENDENTS BECAUSE TRANSPORTATION AT GOVERNMENT EXPENSE IS NOT AUTHORIZED, AND, THEREFORE, THE MEMBER IS ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (1) FOR THE PERIOD FROM OCTOBER 1, 1963, THE EFFECTIVE DATE OF 37 U.S.C. 427 (B). A NAVY MEMBER WHOSE DEPENDENTS ARE NOT AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE TO GUAM, THE HOME PORT OF THE VESSEL TO WHICH THE MEMBER IS ASSIGNED, BECAUSE NO FAMILY TYPE QUARTERS ARE AVAILABLE, MAY BE REGARDED AS SEPARATED FROM HIS DEPENDENTS BECAUSE TRANSPORTATION AT GOVERNMENT EXPENSE IS NOT AUTHORIZED UNDER 37 U.S.C. 406, AND, THEREFORE, THE MEMBER IS ENTITLED TO THE FAMILY SEPARATION ALLOWANCE AUTHORIZED UNDER 37 U.S.C. 427 (B) (1). WHILE A NAVY MEMBER IS ON DUTY ABOARD A SHIP AT SEA AWAY FROM ITS HOME PORT AT GUAM TO WHICH HIS DEPENDENTS ARE NOT AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE UNDER 37 U.S.C. 406, BECAUSE FAMILY TYPE QUARTERS IN GUAM ARE NOT AVAILABLE, THE MEMBER CONTINUES TO BE ENTITLED TO THE FAMILY SEPARATION ALLOWANCE PAYMENT UNDER 37 U.S.C. 427 (B) (1) FOR MEMBERS WHOSE DEPENDENTS ARE NOT AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE TO THE MEMBER'S PERMANENT DUTY STATION. A NAVY MEMBER WHOSE SHIP RETURNS FROM ITS HOME PORT IN GUAM FOR REPAIRS AT ITS HOME YARD IN THE UNITED STATES NEAR WHERE THE MEMBER'S DEPENDENTS RESIDED WHILE HE WAS ASSIGNED TO THE VESSEL IN GUAM BECAUSE FAMILY TYPE QUARTERS WERE NOT AVAILABLE MAY NOT BE REGARDED AS SEPARATED FROM HIS DEPENDENTS DURING THE VESSEL REPAIRS, AND, THEREFORE, THE MEMBER IS NOT ENTITLED TO THE FAMILY SEPARATION ALLOWANCE.

TO THE SECRETARY OF DEFENSE, FEBRUARY 12, 1964:

REFERENCE IS MADE TO LETTER DATED JANUARY 2, 1964, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), REQUESTING DECISION ON SEVERAL QUESTIONS IN CONNECTION WITH THE IMPLEMENTATION BY THE DEPARTMENT OF THE NAVY OF THE PROVISIONS OF 37 U.S.C. 427 (B), INVOLVING FAMILY SEPARATION ALLOWANCES. THE QUESTIONS ARE PRESENTED IN COMMITTEE ACTION NO. 336 OF THE MILITARY PAY AND ALLOWANCE COMMITTEE OF THE DEPARTMENT OF DEFENSE, AS FOLLOWS:

QUESTION 1:

A NAVY SHIP HAS BEEN UNDERGOING FRAM I CONVERSION AT THE NEW YORK NAVAL SHIPYARD SINCE DECEMBER 1962. THE HOME PORT OF THIS SHIP HAS BEEN NEW YORK SINCE OCTOBER 1962. ON 17 SEPTEMBER 1963, OFFICIAL NOTIFICATION WAS PROMULGATED THAT THE HOME PORT OF THE SHIP WOULD BE CHANGED FROM NEW YORK TO LONG BEACH EFFECTIVE 1 NOVEMBER 1963. THE SHIP WILL REMAIN AT NEW YORK NAVAL SHIPYARD UNTIL JANUARY 1964 WHEN IT WILL SAIL TO LONG BEACH. MEMBERS WHO REPORT TO THE SHIP FOR DUTY ON OR AFTER 17 SEPTEMBER 1963 AND WHO INTEND TO MOVE THEIR DEPENDENTS TO LONG BEACH WOULD BE PRECLUDED BY PARAGRAPH 7000.13, JOINT TRAVEL REGULATIONS, FROM MOVING THEIR DEPENDENTS AT GOVERNMENT EXPENSE TO NEW YORK, AS AN INTENT TO ESTABLISH A BONA FIDE RESIDENCE AT NEW YORK COULD NOT BE ESTABLISHED.

WOULD AN ELIGIBLE MEMBER WHO MAINTAINS A RESIDENCE FOR HIS DEPENDENTS, FOR INSTANCE, AT BOSTON WHERE THEY REMAIN, BE CONSIDERED (AFTER THE UNIFORMED SERVICES PAY ACT OF 1963 BECAME EFFECTIVE) TO BE ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF 37 U.S.C. 427 (B) IF HE REPORTED FOR PERMANENT DUTY ABOARD THE SHIP ON OR AFTER 17 SEPTEMBER 1963 BUT PRIOR TO 1 NOVEMBER 1963?

QUESTION 2:

A MEMBER IS ATTACHED FOR PERMANENT DUTY ABOARD A NAVY SHIP. THE HOME PORT IS GUAM. HE MAINTAINS A RESIDENCE FOR HIS DEPENDENTS IN THE UNITED STATES. THEY DO NOT ACCOMPANY HIM TO GUAM BECAUSE NO FAMILY TYPE QUARTERS ARE AVAILABLE AND THEIR MOVEMENT CANNOT BE SAID TO BE AUTHORIZED AT GOVERNMENT EXPENSE UNDER SECTION 406 OF TITLE 37.

WOULD THE MEMBER BE ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF 37 U.S.C. 427 (B) FOR ALL PERIODS OF TIME THE SHIP IS AT THE HOME PORT (GUAM) AND SO LONG AS THE MOVEMENT OF HIS DEPENDENTS IS NOT AUTHORIZED AT GOVERNMENT EXPENSE TO THAT HOME PORT AND HIS DEPENDENTS RESIDE IN THE UNITED STATES?

QUESTION 3:

WOULD THE ANSWER TO QUESTION 2. BE THE SAME, ALL OF THE CIRCUMSTANCES BEING IDENTICAL, FOR PERIODS WHEN THE SHIP IS AWAY FROM THE HOME PORT AT SEA?

QUESTION 4:

WOULD THE ANSWER TO QUESTION 2. BE THE SAME, ALL OF THE CIRCUMSTANCES BEING IDENTICAL, FOR PERIODS WHEN THE SHIP IS IN ITS HOME YARD IN THE UNITED STATES, IT HAVING SAILED THERE FOR EPAIRS? HIS DEPENDENTS RESIDE NEAR THE HOME YARD.

IN ITS DISCUSSION OF THE PROBLEM, THE MILITARY PAY AND ALLOWANCE COMMITTEE STATES THAT SHIPS UNDERGOING FRAM CONVERSION AT A DESIGNATED HOME PORT RECEIVE A CHANGE IN HOME PORT A FEW MONTHS PRIOR TO COMPLETION OF THE CONVERSION, WHICH RESULTS IN A FAMILY SEPARATION IN THE CASE OF THOSE MEMBERS WHO REPORT TO A SHIP UNDER PERMANENT CHANGE OF STATION ORDERS AFTER THE NEW CHANGE IN HOME PORT HAS BEEN PROMULGATED, BUT PRIOR TO THE EFFECTIVE DATE OF SUCH CHANGE. IN THE EXAMPLE GIVEN, ON THE BASIS THAT A MEMBER REPORTS FOR DUTY ON BOARD THE SHIP AFTER NOTICE OF THE CHANGE IN HOME PORT BUT BEFORE THE EFFECTIVE DATE, THE COMMITTEE SUGGESTS THAT SINCE HE IS IN RECEIPT OF OFFICIAL INFORMATION THAT THE HOME PORT OF THE SHIP WILL BE CHANGED SHORTLY HE IS NOT AUTHORIZED TO MOVE HIS DEPENDENTS TO NEW YORK IN VIEW OF THE PROVISIONS OF PARAGRAPH 7000-13 OF THE JOINT TRAVEL REGULATIONS. THERE IS, IN FACT, A FAMILY SEPARATION DIRECTLY RESULTING FROM THE INABILITY OF THE MEMBER TO MOVE HIS DEPENDENTS BECAUSE THEIR MOVEMENT TO NEW YORK UNDER THE CIRCUMSTANCES IS NOT AUTHORIZED AT THE EXPENSE OF THE UNITED STATES UNDER REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 406, AND THE COMMITTEE EXPRESSES THE BELIEF THAT THE MEMBER SHOULD BE ENTITLED TO THE FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF 37 U.S.C. 427 (B).

THE COMMITTEE POINTS OUT THAT A MEMBER IS ENTITLED TO THE FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF SECTION 427 (B), IF 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 TITLE 37. IT REFERS TO PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS, WHICH DEFINES A PERMANENT STATION AS THE POST OF DUTY OR OFFICIAL STATION (INCLUDING THE HOME PORT OR HOME YARD OF A VESSEL INSOFAR AS TRANSPORTATION OF DEPENDENTS IS CONCERNED) TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN "TEMPORARY DUTY" OR "TEMPORARY ADDITIONAL DUTY.'

WITH RESPECT TO QUESTION 2, THE COMMITTEE STATES THAT WHERE THE MEMBER'S SHIP IS AT ITS HOME PORT (GUAM) AND THE MOVEMENT OF DEPENDENTS TO THAT HOME PORT IS NOT AUTHORIZED UNDER 37 U.S.C. 406 THE MEMBER SHOULD BE ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER THE PROVISIONS OF 37 U.S.C. 427 (B) (1). IT STATES FURTHER, WITH RESPECT TO QUESTION 3, THAT WHERE A SHIP IS AT SEA THERE IS A POSSIBLE ENTITLEMENT TO THE ALLOWANCE UNDER BOTH CLAUSES (1) AND (2) OF SECTION 427 (B), AND ALTHOUGH A DOUBLE PAYMENT IS NOT AUTHORIZED, INASMUCH AS IT IS NECESSARY THAT A SHIP BE AT SEA FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS FOR THE MEMBER TO QUALIFY FOR ALLOWANCES UNDER CLAUSE (2), RELIANCE UPON ENTITLEMENT UNDER CLAUSE (1) IS MORE DESIRABLE. IN QUESTION 4, WHICH CONTEMPLATES A SITUATION WHERE THE SHIP IS AT ITS HOME YARD AND THE MEMBER'S DEPENDENTS RESIDE AT OR NEAR THAT HOME YARD, IT STATES THAT BY EQUATING THE TERM "HOME YARD" TO "PERMANENT STATION," PURSUANT TO THE DEFINITION CONTAINED IN PARAGRAPH 1150-10 OF THE JOINT TRAVEL REGULATIONS, A CONCLUSION IS REQUIRED THAT ENTITLEMENT OF THE MEMBER TO FAMILY SEPARATION ALLOWANCE UNDER CLAUSE (1) OF SECTION 427 (B) IN THE SITUATIONS COVERED IN QUESTIONS2 TO 4 IS NOT AUTHORIZED IF THE MEMBER'S DEPENDENTS ARE RESIDING AT OR NEAR THE HOME YARD OF THE SHIP. HOWEVER, IT IS SUGGESTED THAT ENTITLEMENT UNDER BOTH CLAUSES (1) AND (2) SHOULD BE DETERMINED ON THE BASIS OF THE FUNDAMENTAL CONCEPT THAT THE ALLOWANCE IS TO COMPENSATE A MEMBER FOR ADDED HOUSEHOLD EXPENSES INCURRED AT THE PLACE WHERE THE DEPENDENTS RESIDE AS A RESULT OF THE SEPARATION OF THE MEMBER FROM HIS DEPENDENTS FOR A SUBSTANTIAL PERIOD OF TIME.

SUBSECTION 427 (B), TITLE 37, U.S. CODE, PROVIDES IN PERTINENT PART AS FOLLOWS:

(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 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;

(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.

THE THREE CLAUSES OF SECTION 427 (B) HAVE REFERENCE TO SEPARATE AND DISTINCT REASONS FOR A FAMILY SEPARATION. CLAUSE (1) RELATES TO INSTANCES WHERE THE SEPARATION IS OCCASIONED BY A RESTRICTION ON THE RIGHT OF DEPENDENTS TO TRAVEL TO A PERMANENT STATION AT GOVERNMENT EXPENSE. THIS IS A GENERAL CLAUSE AND WHERE ENTITLEMENT OTHERWISE EXISTS ITS APPLICATION IS NOT LIMITED TO ANY PARTICULAR CLASS OF MEMBERS OR TO ANY PARTICULAR DUTY ASSIGNMENT. CLAUSE (2) RELATES TO THE SPECIAL CLASS OF MEMBERS ASSIGNED TO VESSELS WHO ARE SEPARATED FROM THEIR DEPENDENTS BY OPERATIONAL SERVICE REQUIREMENTS. CLAUSE (3), WHILE NOT HERE INVOLVED, LIKEWISE RELATES TO A SPECIAL CATEGORY OF MILITARY PERSONNEL WHO ARE SEPARATED FROM THEIR DEPENDENTS BY OPERATIONAL SERVICE REQUIREMENTS. IN SUCH CIRCUMSTANCES, AND WHILE THE LEGISLATIVE HISTORY IS SILENT ON THE PARTICULAR POINT, IT SEEMS REASONABLY CLEAR THAT IF THE LAW IS TO FULLY ACCOMPLISH ITS PURPOSE CLAUSE (1) MUST BE VIEWED AS THE PRINCIPAL STATUTORY AUTHORITY FOR PAYMENT OF THE ALLOWANCE AND APPLICABLE IN ALL CASES, INCLUDING CASES OF MEMBERS ASSIGNED TO A VESSEL, WHICH MEET THE ENTITLEMENT CONDITIONS OF THAT CLAUSE. WHEN SUCH CONDITIONS ARE MET THE SPECIAL PROVISIONS OF CLAUSES (2) AND (3) ARE NOT FOR CONSIDERATION.

IN THIS REGARD, SINCE MOST, IF NOT ALL, NAVAL VESSELS HAVE HOME YARDS IN THE UNITED STATES AND THE TRAVEL OF DEPENDENTS TO THE HOME YARDS ORDINARILY IS NOT RESTRICTED, TO APPLY THE TERM ,PERMANENT STATION" IN CLAUSE (1) AS HAVING REFERENCE TO BOTH THE HOME YARD AND HOME PORT OF A VESSEL, WITHOUT REGARD TO WHERE THE SHIP IS ACTUALLY LOCATED, APPARENTLY WOULD OPERATE TO DENY FAMILY SEPARATION ALLOWANCES TO ALL SHIP-BASED PERSONNEL INVOLUNTARILY SEPARATED FROM THEIR DEPENDENTS EXCEPT IN THE SPECIAL CASES COMING UNDER CLAUSE (2). THIS WOULD, OF COURSE, LARGELY DEFEAT WHAT WE CONCEIVE TO BE THE PURPOSE OF THE LAW WITH RESPECT TO SHIP- BASED PERSONNEL WHOSE DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL TO THE "PERMANENT STATION" AND WHO DO NOT RESIDE AT OR IN THE VICINITY OF THAT PLACE. ACCORDINGLY, IN THE CASE OF MEMBERS ASSIGNED TO A VESSEL, WE BELIEVE THAT FOR THE PURPOSE OF CLAUSE (1) THE TERM "PERMANENT STATION" IS TO BE CONSTRUED AS HAVING REFERENCE TO EITHER THE HOME PORT, HOME YARD, OR OTHER SHORE ESTABLISHMENT, DEPENDING UPON WHERE THE SHIP IS LOCATED.

SINCE IN QUESTIONS 1, 2 AND 3 THE MEMBER'S SHIP IS AT ITS HOME PORT OR AT ANOTHER LOCATION TO WHICH THE MEMBER'S DEPENDENTS ARE NOT AUTHORIZED TO TRAVEL UNDER REGULATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF 37 U.S.C. 406, THE MEMBER WOULD BE ENTITLED TO FAMILY SEPARATION ALLOWANCE UNDER 37 U.S.C. 427 (B) (1) FOR THE PERIOD INVOLVED, EFFECTIVE OCTOBER 1, 1963. WITH RESPECT TO QUESTION 4, SINCE THE SHIP IS IN ITS HOME YARD AND THE DEPENDENTS RESIDE NEAR THE HOME YARD, THE MEMBER IS NOT SEPARATED FROM HIS DEPENDENTS DURING THAT PERIOD AND HE IS NOT ENTITLED TO FAMILY SEPARATION ALLOWANCE. COMPARE DECISION OF JANUARY 30, 1964, B-131836, 43 COMP. GEN. 527, COPY ENCLOSED.