B-156346, APR. 6, 1965, 44 COMP. GEN. 611

B-156346: Apr 6, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

FAMILY ALLOWANCES - SEPARATION - TYPE 2 - TEMPORARY DUTY - RETURN FOR OVERNIGHT STAY A NAVY OFFICER WHOSE QUALIFYING PERIOD OF 30 DAYS OR MORE TEMPORARY DUTY ABOARD SHIP FOR PAYMENT OF THE FAMILY SEPARATION ALLOWANCE PRESCRIBED BY 37 U.S.C. 427 (B) (3) IS INTERRUPTED WHEN HIS SHIP ENTERS SAN DIEGO HARBOR FOR AN OVERNIGHT STAY. IS NOT ENTITLED TO A FAMILY SEPARATION ALLOWANCE. THE OFFICER'S DEPENDENTS HAVING RESIDED NEAR HIS TEMPORARY DUTY STATION DURING THE PERIOD THE VESSEL TO WHICH HE WAS ASSIGNED WAS IN THE SAN DIEGO HARBOR. HE IS NOT ENTITLED TO A FAMILY SEPARATION ALLOWANCE. SIMMONS WAS ORDERED. WERE GRANTED LIBERTY. THE MEMBER'S TEMPORARY ADDITIONAL DUTY WAS COMPLETED AND HE RETURNED TO HIS DUTY STATION AT MIRAMAR NAVAL AIR STATION.

B-156346, APR. 6, 1965, 44 COMP. GEN. 611

FAMILY ALLOWANCES - SEPARATION - TYPE 2 - TEMPORARY DUTY - RETURN FOR OVERNIGHT STAY A NAVY OFFICER WHOSE QUALIFYING PERIOD OF 30 DAYS OR MORE TEMPORARY DUTY ABOARD SHIP FOR PAYMENT OF THE FAMILY SEPARATION ALLOWANCE PRESCRIBED BY 37 U.S.C. 427 (B) (3) IS INTERRUPTED WHEN HIS SHIP ENTERS SAN DIEGO HARBOR FOR AN OVERNIGHT STAY, AND GRANTED LIBERTY HE VISITS HIS FAMILY AT HIS HOME IN THE SAN DIEGO AREA, IS NOT ENTITLED TO A FAMILY SEPARATION ALLOWANCE, NOTWITHSTANDING THE OFFICER COMPLETED 31 DAYS TEMPORARY DUTY AND THAT HIS HOME MAY OR MAY NOT BE LOCATED WITHIN THE PHYSICAL BOUNDARIES OF HIS PERMANENT DUTY STATION, THE OFFICER'S DEPENDENTS HAVING RESIDED NEAR HIS TEMPORARY DUTY STATION DURING THE PERIOD THE VESSEL TO WHICH HE WAS ASSIGNED WAS IN THE SAN DIEGO HARBOR, THE OFFICER MAY NOT BE REGARDED AS HAVING BEEN ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS WITHIN THE MEANING OF SECTION 427 (B) (3), AND HE IS NOT ENTITLED TO A FAMILY SEPARATION ALLOWANCE.

TO W. L. PIERCE, DEPARTMENT OF THE NAVY, APRIL 6, 1965:

THERE HAS BEEN RECEIVED BY SECOND INDORSEMENT OF THE COMPTROLLER OF THE NAVY DATED MARCH 16, 1965, YOUR LETTER DATED JANUARY 28, 1965, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF ALPHONSO SIMMONS, AMS 3, USN, WITH A FAMILY SEPARATION ALLOWANCE UNDER THE CIRCUMSTANCES DISCLOSED. THE REQUEST HAS BEEN ASSIGNED SUBMISSION NO. DO- N-833, BY THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

PURSUANT TO ORDERS ISSUED SEPTEMBER 30, 1964, BY THE COMMANDING OFFICER, LIGHT PHOTOGRAPHIC SQUADRON SIXTY-THREE, U.S. NAVAL AIR STATION, MIRAMAR, CALIFORNIA, MR. SIMMONS WAS ORDERED, AMONG OTHERS, TO TEMPORARY ADDITIONAL DUTY ABOARD THE U.S.S. MIDWAY (CVA-41), AT U.S. NAVAL AIR STATION, ALAMEDA, CALIFORNIA, TO REPORT ON OR ABOUT OCTOBER 5, 1964. YOU STATE THAT ON OCTOBER 29, 1964, FOLLOWING OPERATIONS AT SEA, THE MIDWAY ENTERED SAN DIEGO HARBOR FOR AN OVERNIGHT STAY AND THAT CREW MEMBERS, INCLUDING SIMMONS, WERE GRANTED LIBERTY, THUS PROVIDING HIM WITH THE OPPORTUNITY TO VISIT HIS FAMILY AT HIS HOME IN THE SAN DIEGO AREA. YOU SAY FURTHER THAT ON OCTOBER 30, 1964, THE VESSEL DEPARTED WITH THE MEMBER ON BOARD FOR FURTHER OPERATIONS AT SEA, AT THE CONCLUSION OF WHICH THE VESSEL RETURNED TO ALAMEDA, CALIFORNIA. ON NOVEMBER 6, 1964, THE MEMBER'S TEMPORARY ADDITIONAL DUTY WAS COMPLETED AND HE RETURNED TO HIS DUTY STATION AT MIRAMAR NAVAL AIR STATION.

THE MEMBER WAS AWAY FROM HIS PERMANENT STATION FOR 33 DAYS, OCTOBER 5, TO NOVEMBER 6, INCLUSIVE, AND AS YOUR LETTER POINTS OUT, THE PERIOD OF HIS DEPLOYMENT ON BOARD THE VESSEL ACTUALLY ENCOMPASSED 31 COMPLETE DAYS. HOWEVER, YOU REQUEST A DECISION AS TO WHETHER THE RETURN OF THE MIDWAY TO THE AREA OF THE MEMBER'S PERMANENT DUTY STATION DURING THE 31-DAY PERIOD SERVED TO DISQUALIFY THE MEMBER FOR FAMILY SEPARATION ALLOWANCE ENTITLEMENT.

SECTION 427 (B) (3) OF TITLE 37, U.S. CODE, AUTHORIZES PAYMENT OF A FAMILY SEPARATION ALLOWANCE OF $30 A MONTH TO CERTAIN MEMBERS ENTITLED TO BASIC ALLOWANCE FOR QUARTER IF:

(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.

TO QUALIFY UNDER SUCH PROVISION THE MEMBER MUST BBE ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS AND HIS DEPENDENTS MIST NOT RESIDE AT OR NEAR HIS TEMPORARY DUTY STATION. WHILE THERE MAY BE SOME DOUBT THAT THE MEMBER ACTUALLY RETURNED TO HIS DUTY STATION TO BREAK THE CONTINUITY OF ABSENCE FROM HIS PERMANENT STATION WHEN HE VISITED HIS FAMILY ON OCTOBER 29 SINCE IT IS NOT CLEAR WHETHER HIS HOME IN SAN DIEGO WAS LOCATED WITHIN THE PHYSICAL BOUNDARIES OF THE DUTY STATION, IT IS CLEAR THAT THE MEMBER'S DEPENDENTS RESIDED NEAR HIS TEMPORARY STATION (THE U.S.S. MIDWAY) DURING THE PERIOD THE VESSEL WAS IN SAN DIEGO HARBOR. IN THAT CIRCUMSTANCE, IT IS OUR VIEW THAT HE MAY NOT BE REGARDED AS HAVING BEEN ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION WITH HIS DEPENDENTS NOT RESIDING AT OR NEAR HIS TEMPORARY DUTY STATION FOR A CONTINUOUS PERIOD OF MORE THAN 30 DAYS WITHIN THE MEANING OF CLAUSE (3) OF SECTION 427 (B) SO AS TO ENTITLE HIM TO A FAMILY SEPARATION ALLOWANCE FOR THE PERIOD INVOLVED. COMPARE 43 COMP. GEN. 755, AND 44 COMP. GEN. 324.

ACCORDINGLY, PAYMENT OF THE ALLOWANCE IS NOT AUTHORIZED. THE MILITARY PAY ORDER AND THE SUPPORTING PAPERS WILL BE RETAINED HERE.