B-154896, NOV. 4, 1964

B-154896, NOV. 4, 1964

TO MR. P. M. LEHNER, DISBURSING OFFICER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 8, 1964, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE (PDTATAC CONTROL NO. 64-28) ON AUGUST 3, 1964, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF PAYMENT OF TEMPORARY LODGING ALLOWANCE TO THEODORE BROOKS, SF1, USN, UNDER THE CIRCUMSTANCES PRESENTED.

BY STANDARD TRANSFER ORDER NO. 225-63, U.S.S. CASCADE (AD-16) AT NEWPORT, RHODE ISLAND, DATED SEPTEMBER 3, 1963, THEODORE BROOKS, SF1, USN, WAS TRANSFERRED TO THE U.S.S. SPRINGFIELD (CLG-7), AND DIRECTED TO REPORT TO THE VESSEL AT BROOKLYN, NEW YORK, FOR DUTY, NOT LATER THAN OCTOBER 1, 1963. THE ORDERS SHOWED THE HOME PORT OF THE VESSEL TO WHICH HE WAS ASSIGNED AS VILLEFRANCHE, FRANCE, AND SHOWED FURTHER THAT HE REPORTED ON BOARD SEPTEMBER 23, 1963. FROM THAT DATE UNTIL JANUARY 16, 1964, WHEN HIS DEPENDENTS ARRIVED AT VILLEFRANCHE,THE VESSEL WAS AT ITS HOME PORT ONLY FROM DECEMBER 21, 1963, TO JANUARY 5, 1964, A PERIOD OF 16 DAYS. THE MEMBER'S DEPENDENTS OCCUPIED HOTEL OR HOTEL LIKE ACCOMMODATIONS FROM JANUARY 16 UNTIL MARCH 13, 1964, WHEN THEY TRANSFERRED TO MORE PERMANENT ACCOMMODATIONS. THE MEMBER WAS CREDITED TEMPORARY LODGING ALLOWANCE FOR 44 DAYS, COVERING THE PERIOD JANUARY 16 TO FEBRUARY 28, 1964, AND HE IS CLAIMING THE ALLOWANCE FOR THE ADDITIONAL PERIOD FEBRUARY 29 TO MARCH 13, 1964, A PERIOD OF 14 DAYS.

YOU STATE THAT TEMPORARY LODGING ALLOWANCE WAS CREDITED IN ACCORDANCE WITH THE REGULATIONS PRESCRIBED IN PARAGRAPH 4303 OF THE JOINT TRAVEL REGULATIONS IN EFFECT PRIOR TO APRIL 20, 1964, THE 60-DAY PERIOD AUTHORIZED BEING REDUCED BY A TOTAL OF 16 DAYS, THE PERIOD THE MEMBER'S VESSEL WAS AT ITS HOME PORT, FOR A MAXIMUM ENTITLEMENT OF 44 DAYS. YOU STATE FURTHER THAT BECAUSE OF THE REVISION OF PARAGRAPH 4303 ACCOMPLISHED BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE JOINT DETERMINATION NO. 19-64 OF APRIL 20, 1964, THERE MAY BE NO PROPER LEGAL BASIS FOR REDUCING THE MEMBER'S PERIOD OF NON ENTITLEMENT TO TEMPORARY LODGING ALLOWANCE PRIOR TO ARRIVAL OF HIS DEPENDENTS.

PARAGRAPH 4303-2A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE PERIOD OF ENTITLEMENT TO TEMPORARY LODGING ALLOWANCE IS CONTINUOUS IN ALL CASES EXCEPT WHEN A MEMBER, DURING THE PERIOD OF ENTITLEMENT, IS HOSPITALIZED OR WHEN THE NATURE OF HIS ASSIGNED DUTIES REQUIRES HIM TO BE AWAY FROM THE PERMANENT DUTY STATION (HOME PORT, IF ATTACHED TO A VESSEL). UNDER SUCH CONDITIONS, A MEMBER WITH DEPENDENTS MAY ELECT EITHER (1) ENTITLEMENT TO THE RATES PRESCRIBED IN 4303-3 FOR THE DEPENDENTS WHO, DURING HIS ABSENCE, OCCUPY COMMERCIAL HOTEL OR HOTEL LIKE ACCOMMODATIONS AT OR IN THE VICINITY OF THE PERMANENT DUTY STATION; OR (2) POSTPONE THE UNUSED PORTION OF THE MAXIMUM PERIOD OF ENTITLEMENT UNTIL THE MEMBER RETURNS TO THE PERMANENT DUTY STATION. SUBPARAGRAPH 2B, AS IN EFFECT PRIOR TO APRIL 20, 1964, PROVIDED THAT A MEMBER'S PERIOD OF ENTITLEMENT TO THE TEMPORARY LODGING ALLOWANCE UPON INITIAL ASSIGNMENT TO A PERMANENT STATION OUTSIDE THE UNITED STATES WOULD NOT EXCEED 60 DAYS. THE 60-DAY PERIOD COMMENCED ON THE DAY OF THE MEMBER'S ARRIVAL (THE NEXT DAY IF WITHOUT DEPENDENTS AND ENTITLED TO MILEAGE OR TRAVEL PER DIEM ON THE DAY OF ARRIVAL), OR, UNDER CERTAIN CIRCUMSTANCES, THE DAY OF ARRIVAL OF HIS DEPENDENTS WHEN THEIR ARRIVAL PRECEDED THAT OF THE MEMBER. EFFECTIVE APRIL 20, 1964, SUCH PROVISION WAS AMENDED TO GIVE THE MEMBER THE OPTION TO ELECT A POSTPONEMENT OF THE START OF THE PERIOD OF ENTITLEMENT, IF DESIRED, TO THE DATE OF ARRIVAL OF DEPENDENTS WHERE OCCURRING SUBSEQUENT TO THE MEMBER'S ARRIVAL. IN DECISION DATED AUGUST 25, 1964, B-154730, 44 COMP. GEN., COPY ENCLOSED, WE HELD THAT THE RIGHT TO TEMPORARY LODGING ALLOWANCE UNDER THE CITED REGULATIONS IN EFFECT BEFORE APRIL 20, 1964, IS A RIGHT FIXED AND ESTABLISHED AS OF A DATE NO LATER THAN THAT OF A MEMBER'S ARRIVAL AT HIS DUTY STATION (OR HOME PORT IF ATTACHED TO A VESSEL) MAKING IT MANDATORY THAT THE PERIOD OF ENTITLEMENT COMMENCE UPON HIS ARRIVAL, OR PRIOR THERETO, AND THAT ANY MEMBER WHO ARRIVED AT HIS OVERSEAS STATION (OR HOME PORT) PRIOR TO APRIL 20, 1964, CANNOT ELECT UNDER THE NEW PARAGRAPH 4303-2B OF THE REGULATIONS TO HAVE THE PERIOD OF HIS ENTITLEMENT TO THE ALLOWANCE COMMENCE WHEN HIS DEPENDENTS ARRIVE AT HIS OVERSEAS STATION.

SINCE THE MEMBER HERE INVOLVED WAS ATTACHED BY THE ORDERS OF SEPTEMBER 3, 1963, TO A VESSEL AND THE NATURE OF HIS ASSIGNED DUTIES REQUIRED HIM TO BE AWAY FROM THE VESSEL'S HOME PORT UNTIL DECEMBER 21, 1963, THE 60-DAY MAXIMUM ENTITLEMENT PERIOD BEGAN ON THAT DAY. ALTHOUGH THE MEMBER WAS AGAIN AWAY FROM THE HOME PORT COMMENCING JANUARY 6, 1964, HIS DEPENDENTS ARRIVED THERE ON JANUARY 16, 1964, AND HE WAS PAID TEMPORARY LODGING ALLOWANCE ON THEIR ACCOUNT COMMENCING THAT DAY. THEREFORE, HIS MAXIMUM PERIOD OF ENTITLEMENT ENDED ON FEBRUARY 28, 1964. ACCORDINGLY, PAYMENT OF THE VOUCHER, WHICH IS RETAINED HERE, IS NOT AUTHORIZED. THE ORIGINAL ORDERS OF SEPTEMBER 3, 1963, ARE RETURNED HEREWITH.