B-153543, MAR. 3, 1964

B-153543: Mar 3, 1964

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REPRESENTING A TEMPORARY LODGING ALLOWANCE TO WHICH SHE CLAIMS SHE IS ENTITLED FOR THE PERIOD DECEMBER 3. VERMILLION WAS JOINED IN THE MIGUEL ARMS BY HER HUSBAND. YOUR DOUBT CONCERNING THE VALIDITY OF HER CLAIM ARISES FROM THE FACT THAT THE CLAIMANT AND HER HUSBAND WERE BOTH STATIONED IN FRANKFURT. 1962) IS IN PART AS FOLLOWS: "QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 MAY BE GRANTED TO EMPLOYEES WHO WERE RECRUITED BY THE EMPLOYING GOVERNMENT AGENCY IN THE UNITED STATES * * *. (FOR RULES AFFECTING MARRIED WOMEN SEE SECTION 134.11.)" THE QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 ARE THE TEMPORARY LODGING ALLOWANCE AND THE LIVING QUARTERS ALLOWANCE. SECTION 134.11 OF THE STANDARDIZED REGULATIONS IS A RESTRICTION UPON THE PAYMENT OF THE LIVING QUARTERS ALLOWANCE TO MARRIED WOMEN BUT SUCH RESTRICTION DOES NOT IN EXPRESS TERMS REFER TO TEMPORARY LODGING ALLOWANCE.

B-153543, MAR. 3, 1964

TO LIEUTENANT COLONEL L. A. CECCHINI, FINANCE AND ACCOUNTING OFFICER, NATIONAL SECURITY AGENCY:

YOUR LETTER OF JANUARY 22, 1964, REQUESTS A DECISION CONCERNING THE PROPRIETY OF PAYMENT OF A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MRS. SHIRLEY B. VERMILLION IN THE AMOUNT OF $389.50, REPRESENTING A TEMPORARY LODGING ALLOWANCE TO WHICH SHE CLAIMS SHE IS ENTITLED FOR THE PERIOD DECEMBER 3, 1962 THROUGH FEBRUARY 28, 1963 (87 DAYS), AS A CIVILIAN EMPLOYEE (GS-7) OF THE NATIONAL SECURITY AGENCY IN FRANKFURT, GERMANY.

FROM THE FACTS PRESENTED WE UNDERSTAND THAT ON DECEMBER 3, 1962, MRS. VERMILLION AND HER 3 CHILDREN OCCUPIED GOVERNMENT QUARTERS IN MIGUEL ARMS, AN ARMY TRANSIENT HOTEL, IN FRANKFURT, GERMANY. ON DECEMBER 10, 1962, MRS. VERMILLION WAS JOINED IN THE MIGUEL ARMS BY HER HUSBAND, AN ARMY ENLISTED MAN. YOUR DOUBT CONCERNING THE VALIDITY OF HER CLAIM ARISES FROM THE FACT THAT THE CLAIMANT AND HER HUSBAND WERE BOTH STATIONED IN FRANKFURT, GERMANY, AND, IN FACT, RESIDED TOGETHER DURING THE GREATER PORTION OF THE PERIOD COVERED BY SUCH CLAIM.

THE APPLICABLE REGULATION (SECTION 031.11 OF THE STANDARDIZED REGULATIONS --- TL:SR 126, NOVEMBER 25, 1962) IS IN PART AS FOLLOWS:

"QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 MAY BE GRANTED TO EMPLOYEES WHO WERE RECRUITED BY THE EMPLOYING GOVERNMENT AGENCY IN THE UNITED STATES * * *. (FOR RULES AFFECTING MARRIED WOMEN SEE SECTION 134.11.)"

THE QUARTERS ALLOWANCES PRESCRIBED IN CHAPTER 100 ARE THE TEMPORARY LODGING ALLOWANCE AND THE LIVING QUARTERS ALLOWANCE. SECTION 134.11 OF THE STANDARDIZED REGULATIONS IS A RESTRICTION UPON THE PAYMENT OF THE LIVING QUARTERS ALLOWANCE TO MARRIED WOMEN BUT SUCH RESTRICTION DOES NOT IN EXPRESS TERMS REFER TO TEMPORARY LODGING ALLOWANCE. HENCE, IT APPEARS THAT UNDER THE APPLICABLE STANDARDIZED REGULATIONS, DURING THE PERIOD IN QUESTION, A MARRIED WOMAN WAS NOT PRECLUDED FROM RECEIVING A TEMPORARY LODGING ALLOWANCE SOLELY BY REASON OF BEING STATIONED IN THE SAME CITY AS HER HUSBAND OR EVEN BY REASON OF HER RESIDING WITH HIM ALTHOUGH UNDER THE SAME CONDITIONS SECTION 134 OF SUCH REGULATIONS WOULD HAVE PRECLUDED HER RECEIVING THE LIVING QUARTERS ALLOWANCE.

MOREOVER, THE CIVILIAN PERSONNEL REGULATIONS OF THE DEPARTMENT OF THE ARMY (CPR T7.2-2) REQUIRE THAT THE TEMPORARY LODGING ALLOWANCE BE GRANTED EACH EMPLOYEE OTHERWISE ELIGIBLE UNDER SECTION 031.11 OF THE STANDARDIZED REGULATIONS AND SUCH CIVILIAN PERSONNEL REGULATIONS. IT FOLLOWS THAT THE CLAIMANT IS ENTITLED TO THE TEMPORARY LODGING ALLOWANCE FOR THE PERIOD DECEMBER 3 TO DECEMBER 9, 1962, AND WHEN SHE AND HER 3 CHILDREN OCCUPIED THE TRANSIENT ARMY QUARTERS INCIDENT TO HER STATUS AS A CIVILIAN EMPLOYEE.

HOWEVER, THERE IS SUBSTANTIAL DOUBT CONCERNING HER ENTITLEMENT TO THE TEMPORARY LODGING ALLOWANCE FOR THE PERIOD DECEMBER 10, 1962 TO FEBRUARY 28, 1963, DURING WHICH HER ENLISTED HUSBAND RESIDED WITH HER AND THE CHILDREN IN THE TRANSIENT QUARTERS. IN THIS CONNECTION YOU SAY IN YOUR LETTER THAT:

"3 (B) THIS DISBURSING OFFICE TAKES THE POSITION THAT THE PORTION OF MRS. VERMILLION'S CLAIM FROM 10 DECEMBER 1962 THROUGH 28 FEBRUARY 1963 (81 DAYS) REPRESENTS SERVICE CHARGES THAT WERE NOT PROPERLY CHARGEABLE TO MRS. VERMILLION; THAT THIS PORTION OF HER CLAIM IS A MATTER WHICH PERTAINS SOLELY TO HER HUSBAND (SERGEANT VERMILLION) WHO VOLUNTARILY MOVED INTO THE TRANSIENT GOVERNMENT QUARTERS WITH HIS FAMILY ON 10 DECEMBER 1962. BY THE ACT OF JOINING HIS FAMILY IN THE GOVERNMENT QUARTERS (MIGUEL ARMS HOTEL), SERGEANT VERMILLION ASSUMED DIRECT SPONSORSHIP OF THE FAMILY. THIS IS CONFIRMED BY THE REDUCTION IN THE SERVICE CHARGE FROM THE CIVILIAN SPONSORSHIP RATE TO THE RATE APPLICABLE FOR ENLISTED MEMBER SPONSORSHIP (INCL 6, LETTER, SUBJECT: BILLETING CHARGES). THIS IS FURTHER EVIDENCED BY THE FACT THAT THIS MOVE TO GOVERNMENT QUARTERS RESULTED IN FORFEITURE OF HIS QUARTERS ALLOWANCE. IN THE SERGEANT'S ROLE AS THE SPONSOR FOR HIS FAMILY RESIDING IN GOVERNMENT TRANSIENT QUARTERS, HE BECAME OBLIGATED TO PAY THE AUTHORIZED QUARTERS SERVICE CHARGE LEVIED ON HIM BECAUSE OF ROOM OCCUPANCY BY HIS WIFE AND CHILDREN IN A NON DUTY AS OPPOSED TO PCS STATUS. (REFERENCE PARAGRAPH 2D (2), INCLOSURE 6.) CONSEQUENTLY, THE SERVICE CHARGES FROM 10 DECEMBER 1962 THROUGH 28 FEBRUARY 1963 ARE THE LIABILITY OF THE SPONSOR (SERGEANT VERMILLION) AND ARE NOT REIMBURSABLE TO HIMSELF OR HIS WIFE.'

WHILE IT APPEARS THAT THE CLAIMANT, IN FACT, PAID FOR THE TRANSIENT QUARTERS--- ALTHOUGH AT THE RATE APPLICABLE TO DEPENDENTS OF ENLISTED MEN- -- FOR THE PERIOD DECEMBER 10, 1962 TO FEBRUARY 28, 1963, WE MUST CONCUR IN YOUR VIEW THAT WHEN THE CLAIMANT'S HUSBAND MOVED INTO THE TRANSIENT QUARTERS SUCH QUARTERS WERE FURNISHED TO THE CLAIMANT AND HER CHILDREN, NOT BECAUSE OF HER STATUS AS A CIVILIAN EMPLOYEE, BUT RATHER AS DEPENDENTS OF AN ENLISTED MEMBER OF THE ARMED FORCES. THE OBLIGATION TO PAY THE SERVICE CHARGES WAS UPON THE ENLISTED HUSBAND, NOT THE CLAIMANT. UNDER THAT VIEW THE PAYMENTS MADE BY THE CLAIMANT COULD CREATE NO REIMBURSABLE OBLIGATION WITH RESPECT TO THE PERIOD DECEMBER 10, 1962 TO FEBRUARY 28, 1963, FOR WHICH THE TEMPORARY LODGING ALLOWANCE WOULD BE PAYABLE TO HER.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH, SHOULD BE ADJUSTED AND PAID IN ACCORDANCE WITH THE FOREGOING.