B-163821, AUGUST 2, 1968, 48 COMP. GEN. 40

B-163821, AUGUST 2, 1968, 48 COMP. GEN. 40

QUARTERS ALLOWANCE - GOVERNMENT QUARTERS - NONOCCUPANCY - ALLOWANCE CONTINUANCE - MEMBERS WITHOUT DEPENDENTS DUTY STATION CHANGES MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS WHO ARE NOT ASSIGNED OR DO NOT OCCUPY GOVERNMENT QUARTERS WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS, INCLUDING TIME GRANTED AS DELAY EN ROUTE OR PROCEED TIME, ARE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS DURING THE INTERIM BETWEEN DETACHMENT FROM THE OLD STATION AND REPORTING AT THE NEW STATION ON THE SAME BASIS AS MEMBERS WITH DEPENDENTS. PUBLIC LAW 90-207, AMENDING 37 U.S.C. 403 (F) PRESCRIBING ENTITLEMENT TO THE ALLOWANCE FOR THE PERIOD WHILE IN A PERMANENT CHANGE OF-STATION STATUS WITHOUT REGARD TO DEPENDENCY. QUARTERS ALLOWANCE - MEMBERS WITHOUT DEPENDENTS - WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN DUTY STATIONS TO THE EXTENT THAT MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS ARE NOT ASSIGNED GOVERNMENT QUARTERS WHILE TRAVELING, OR DURING DELAYS EN ROUTE, THEY ARE ENTITLED TO BASIC ALLOWANCES FOR QUARTERS FROM DATE OF DEPARTURE FROM THE OLD STATION TO THE DATE OF ARRIVAL AT THE NEW STATION OVERSEAS, INCLUDING PERIODS WHILE IN A PER DIEM OR GROUP TRAVEL STATUS FOR THE OVERSEAS PORTION OF THE TRAVEL, THE ACCOMMODATIONS FURNISHED DURING SUCH TRAVEL NOT BEING REGARDED AS THE ASSIGNMENT OR OCCUPANCY OF PUBLIC QUARTERS WITHIN THE MEANING OF THE QUARTERS ALLOWANCE AUTHORIZED BY 37 U.S.C. 403 (F). QUARTERS ALLOWANCE - TRANSIT TYPE QUARTERS - BASIC ALLOWANCE ENTITLEMENT ON THE BASIS THAT 37 U.S.C. 403 (F), AS AMENDED, AUTHORIZES PAYMENT OF A BASIC QUARTERS ALLOWANCE TO MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT STATIONS WHEN NOT ASSIGNED GOVERNMENT QUARTERS, SECTION 403 (I) OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, MAY BE AMENDED TO APPLY TO MEMBERS WITHOUT DEPENDENTS AS WELL AS TO MEMBERS WITH DEPENDENTS WITH RESPECT TO THE TEMPORARY OCCUPANCY OF GOVERNMENT QUARTERS WHILE IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION, THUS PERMITTING THE PROMULGATION OF ADMINISTRATIVE REGULATIONS TO AUTHORIZE A BASIC ALLOWANCE FOR QUARTERS FOR NOT MORE THAN 30 DAYS TO A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES TRANSIENT TYPE QUARTERS WHILE IN A DUTY OR LEAVE STATUS INCIDENT TO A PERMANENT CHANGE OF STATION. QUARTERS ALLOWANCE - TRANSIT TYPE QUARTERS - BASIC ALLOWANCE ENTITLEMENT ABSENT AN ADMINISTRATIVE REGULATION TO AUTHORIZE THE OCCUPANCY OF TRANSIENT TYPE GOVERNMENT QUARTERS FOR NOT TO EXCEED 30 DAYS WHILE BETWEEN PERMANENT DUTY STATIONS WITHOUT LOSS OF ENTITLEMENT TO A BASIC ALLOWANCE FOR QUARTERS, A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES GOVERNMENT QUARTERS WHILE ASSIGNED TEMPORARY DUTY AT A PREEMBARKATION OVERSEAS PROCESSING POINT IN THE UNITED STATES WOULD NOT BE ENTITLED TO THE BASIC ALLOWANCE FOR QUARTERS PRESCRIBED BY 37 U.S.C. 403 (F), AS AMENDED BY PUBLIC LAW 90- 207, REGARDLESS OF A REDUCTION IN PER DIEM BECAUSE OF THE OCCUPANCY, OR DIRECTION TO UTILIZE GOVERNMENT QUARTERS DUE TO THE MISSION REQUIREMENTS OF THE TEMPORARY DUTY TO BE PERFORMED EN ROUTE TO HIS PERMANENT DUTY STATION. QUARTERS ALLOWANCE - LEAVE OR TRAVEL STATUS - BETWEEN PERMANENT DUTY STATIONS THE FACT THAT A MEMBER OF THE UNIFORMED SERVICES OCCUPIES ACCOMMODATIONS ABOARD A SHIP AS A PASSENGER EN ROUTE TO HIS NEW PERMANENT DUTY STATION DOES NOT AFFECT HIS BASIC ALLOWANCE ENTITLEMENT UNDER 37 U.S.C. 403 (F), AS AMENDED, IN VIEW OF THE RULE THAT ACCOMMODATIONS FURNISHED MEMBERS AND THEIR DEPENDENTS WHILE TRAVELING INCIDENT TO A CHANGE OF STATION ARE NOT CONSIDERED THE EQUIVALENT OF PUBLIC QUARTERS. QUARTERS ALLOWANCE - TRANSIT TYPE QUARTERS - BASIC ALLOWANCE ENTITLEMENT THE OCCUPANCY OF TRANSIENT TYPE GOVERNMENT QUARTERS BY A MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS FOR 28 DAYS WHILE AWAITING THE ARRIVAL AT ITS HOME PORT OF THE VESSEL TO WHICH ASSIGNED DOES NOT AFFECT THE MEMBER'S ENTITLEMENT TO A BASIC ALLOWANCE FOR QUARTERS, SECTION 401 (D) OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, WHICH IMPLEMENTS 37 U.S.C. 403, DEFINING THE TERM "PERMANENT STATION" AS INCLUDING THE HOME YARD OR HOME PORT OF A SHIP IN WHICH A MEMBER IS REQUIRED TO PERFORM DUTY. QUARTERS ALLOWANCE - TRANSIT TYPE QUARTERS - BASIC ALLOWANCE ENTITLEMENT A MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS WHO WHILE AWAITING THE ARRIVAL AT ITS HOME PORT OF THE VESSEL TO WHICH ORDERED IS ASSIGNED BY HIS SQUADRON TO ANOTHER SQUADRON FOR THE PERFORMANCE OF 29 DAYS TEMPORARY DUTY IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS DURING THE PERIOD OF TEMPORARY DUTY, IN VIEW OF THE FACT THE TEMPORARY QUARTERS OCCUPIED ABOARD THE VESSEL WHILE PERFORMING TEMPORARY DUTY ARE CONSIDERED PERMANENT QUARTERS OF THE UNITED STATES WITHIN THE PURVIEW OF 37 U.S.C. 403 (B) AND (F), AND BECAUSE THE TEMPORARY ASSIGNMENT DOES NOT COME WITHIN THE EXCEPTIONS CONTAINED IN EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964. QUARTERS ALLOWANCE - TRANSIT TYPE QUARTERS - BASIC ALLOWANCE ENTITLEMENT A TRANSFER FROM ONE VESSEL TO ANOTHER WHERE BOTH VESSELS ARE HOMEPORTED IN THE SAME AREA NOT CONSTITUTING A PERMANENT CHANGE OF STATION WITHIN THE PURVIEW OF SECTION 401 (D) OF EXECUTIVE ORDER NO. 11157, IMPLEMENTING 37 U.S.C. 403, AND THE TRANSFER NOT COMING WITHIN THE EXCEPTION CONTEMPLATED BY SECTION 403 (I) OF THE EXECUTIVE ORDER, WHICH PERMITS THE OCCUPANCY OF GOVERNMENT QUARTERS WITHOUT LOSS OF BASIC ALLOWANCE FOR QUARTERS (BAQ) WHILE A MEMBER IS IN A LEAVE OR DUTY STATUS INCIDENT TO A CHANGE OF PERMANENT STATION, MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS WHO OCCUPY TRANSIENT QUARTERS INCIDENT TO A TRANSFER FROM ONE VESSEL TO ANOTHER IN THE SAME HOME PORT ARE NOT ENTITLED TO BAQ FOR THE PERIOD OF OCCUPANCY OF TRANSIENT QUARTERS.

TO THE SECRETARY OF DEFENSE, AUGUST 2, 1968:

FURTHER REFERENCE IS MADE TO LETTER OF MARCH 12, 1968, FROM THE ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER) REQUESTING A DECISION ON SEVERAL QUESTIONS PERTAINING TO ENTITLEMENT OF MEMBERS WITHOUT DEPENDENTS TO BASIC ALLOWANCE FOR QUARTERS WHILE IN A LEAVE OR TRAVEL STATUS BETWEEN PERMANENT DUTY STATIONS UNDER THE PROVISIONS OF 37 U.S.C. 403 (F) AS AMENDED BY SECTION 1 (3) OF PUBLIC LAW 90-207, APPROVED DECEMBER 16, 1967, 81 STAT. 651. THE QUESTIONS AND DISCUSSION PERTAINING TO THE MATTER ARE SET FORTH IN COMMITTEE ACTION NO. 412 OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

THE COMMITTEE REFERS TO SECTION 102 OF THE ACT OF JUNE 29, 1950, CH. 405, 64 STAT. 288, WHICH, PRIOR TO THE ENACTMENT OF PUBLIC LAW 90-207, HAD BEEN CODIFIED AS SUBSECTION (F) OF SECTION 403, TITLE 37, U.S.C. THIS PROVIDED THAT APPROPRIATIONS MAY NOT BE USED TO PAY ANY MEMBER WITHOUT DEPENDENTS A BASIC ALLOWANCE FOR QUARTERS WHILE HE IS IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS, INCLUDING TIME GRANTED AS DELAY ENROUTE OR PROCEED TIME. THE COMMITTEE OBSERVES THAT PRIOR TO THE PASSAGE OF THE 1950 ACT MEMBERS WITHOUT DEPENDENTS WERE GENERALLY ENTITLED TO A QUARTERS ALLOWANCE FOR THE INTERIM FOLLOWING DETACHMENT FROM A PERMANENT STATION AND PRECEDING REPORTING AT A NEW PERMANENT STATION, INCLUDING TIME ON AUTHORIZED LEAVE, PROCEED TIME, TIME AWAITING TRANSPORTATION AND TRAVEL TIME.

THE COMMITTEE REFERRED TO THE LEGISLATIVE HISTORY OF SECTION 1 (3) OF PUBLIC LAW 90-207, CONTAINED IN S.REPT. NO. 808 BY THE COMMITTEE ON ARMED SERVICES, 90TH CONG., 1ST SESS., TO ACCOMPANY H.R. 13510, WHICH STATES:

* * * THE VAST MAJORITY OF CAREER MILITARY MEMBERS HAVE DEPENDENTS, BUT THE FEW WHO DO NOT, EXPERIENCE A LOSS OF INCOME WHILE MOVING BECAUSE THE STATUTE NOW PRECLUDES THEIR ENTITLEMENT TO THE BASIC ALLOWANCE FOR QUARTERS WHILE IN A PERMANENT CHANGE OF STATION STATUS. THE PROPOSED LEGISLATION WILL CORRECT THIS CONDITION AND ASSURE TREATMENT OF CAREER MILITARY PERSONNEL WITHOUT REGARD TO THEIR DEPENDENCY STATUS.

IN VIEW OF THE CHANGE MADE BY THE 1967 AMENDMENT OF SECTION 403 (F) AND THE STATED PURPOSE OF SUCH AMENDMENT, THE COMMITTEE REQUESTS CLARIFICATION ON VARIOUS AREAS OF ENTITLEMENT AS REFLECTED IN THE QUESTIONS PRESENTED IN ITS COMMITTEE ACTION.

SECTION 403 (A) OF TITLE 37, U.S.C. PROVIDES THAT EXCEPT AS PROVIDED BY THAT SECTION OR BY ANOTHER LAW, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY ARE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS. SUBSECTION (B) PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, A MEMBER OF A UNIFORMED SERVICE WHO IS ASSIGNED TO QUARTERS OF THE UNITED STATES OR A HOUSING FACILITY UNDER THE JURISDICTION OF A UNIFORMED SERVICE, APPROPRIATE TO HIS GRADE, RANK OR RATING AND ADEQUATE FOR HIMSELF, AND HIS DEPENDENTS, IF WITH DEPENDENTS, IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS.

SECTION 403 (F) AS AMENDED BY SECTION 1 (3) OF PUBLIC LAW 90-207, PROVIDES AS FOLLOWS:

(F) A MEMBER OF A UNIFORMED SERVICE WITHOUT DEPENDENTS WHO IS IN PAY GRADE E-4 (FOUR OR MORE YEARS' SERVICE), OR ABOVE, IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS WHILE HE IS IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS, INCLUDING TIME GRANTED AS DELAY EN ROUTE OR PROCEED TIME, WHEN HE IS NOT ASSIGNED TO QUARTERS OF THE UNITED STATES.

SUBSECTION (G) OF SECTION 403, AUTHORIZES THE PRESIDENT TO PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THE SECTION. EXECUTIVE ORDER NO. 11157, JUNE 22, 1964, 29 F.R. 7973-7977, AS AMENDED, PROVIDES IN PERTINENT PART OF SECTION 403 THEREOF, AS FOLLOWS:

SEC. 403. ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES (A) BY A MEMBER AND HIS DEPENDENTS OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS * * * SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY (I) OCCURS WHILE SUCH MEMBER IS IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION AND IS OF A TEMPORARY NATURE UNDER STANDARDS PRESCRIBED BY REGULATIONS ISSUED BY THE SECRETARY OF DEFENSE IN THE CASE OF MEMBERS OF THE ARMY, NAVY, AIR FORCE, OR MARINE CORPS, AND THE RESERVE COMPONENTS THEREOF. * * *

THE QUESTIONS PRESENTED WILL BE QUOTED AND ANSWERED IN THE ORDER PRESENTED.

1.DOES 37 U.S.C. 403 (F), AS AMENDED BY SECTION 1 (3) OF PUBLIC LAW 90- 207, PROVIDE ENTITLEMENT TO A BASIC ALLOWANCE FOR QUARTERS TO ALL MEMBERS WITHOUT DEPENDENTS, WITHIN ITS COVERAGE, ON THE SAME BASIS AS MEMBERS WITH DEPENDENTS WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS, INCLUDING TIME GRANTED AS DELAY EN ROUTE OR PROCEED TIME, WHEN NOT ASSIGNED TO GOVERNMENT QUARTERS?

PRIOR TO THE PASSAGE OF THE ACT OF JUNE 29, 1950, THE RULE WAS STATED IN 23 COMP. GEN. 761, THAT AN OFFICER WITH OR WITHOUT DEPENDENTS IS ENTITLED TO RENTAL ALLOWANCE DURING THE INTERIM BETWEEN DETACHMENT FROM PERMANENT STATION AND REPORTING TO THE NEW PERMANENT STATION, INCLUDING PERIODS WHILE ON LEAVE OF ABSENCE OR WHILE ON SICK LEAVE FROM A HOSPITAL. THIS RULE, WE SAID, HAS BEEN APPLIED REGARDLESS OF THE OFFICER'S STATUS FOR RENTAL ALLOWANCE PURPOSES WHILE AT HIS FORMER PERMANENT STATION. THE ABOVE GENERAL STATEMENT WAS MADE ON THE PREMISE THAT THERE WAS NO FURNISHING OF GOVERNMENT HOUSING OR QUARTERS DURING THE INTERIM BETWEEN DETACHMENT FROM THE OLD STATION AND REPORTING AT THE NEW STATION. SEE 37 COMP. GEN. 47. ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE AFFIRMATIVE WHEN THERE IS NOT INVOLVED AN ASSIGNMENT OR OCCUPANCY OF GOVERNMENT QUARTERS.

2. IN THE CASE OF MEMBERS WITHOUT DEPENDENTS TRANSFERRED FROM THE UNITED STATES TO AN OVERSEAS AREA, WOULD ENTITLEMENT TO BAQ EXTEND FROM THE DATE OF DEPARTURE FROM THE OLD STATION TO THE DATE OF ARRIVAL AT THE NEW STATION OVERSEAS, REGARDLESS OF THE FACT THAT A MEMBER MIGHT BE IN A PER DIEM OR GROUP TRAVEL STATUS FOR THE OVERSEAS PORTION OF THE TRAVEL?

TO THE EXTENT THAT MEMBERS ARE NOT ASSIGNED TO GOVERNMENT QUARTERS WHILE TRAVELING, OR DURING DELAYS EN ROUTE, THEY WOULD BE ENTITLED TO BASIC ALLOWANCES FOR QUARTERS FROM DATE OF DEPARTURE FROM THE OLD STATION TO THE DATE OF ARRIVAL AT THE NEW STATION OVERSEAS, INCLUDING PERIODS WHILE IN A PER DIEM OR GROUP TRAVEL STATUS FOR THE OVERSEAS PORTION OF THE TRAVEL, THE ACCOMMODATIONS FURNISHED DURING SUCH TRAVEL NOT BEING REGARDED AS THE ASSIGNMENT OR OCCUPANCY OF PUBLIC QUARTERS WITHIN THE MEANING OF THE QUARTERS ALLOWANCE LAWS. SEE, IN THIS CONNECTION, 40 COMP. GEN. 384 AND 25 COMP. GEN. 863.

3.IN VIEW OF ENTITLEMENT TO A REDUCED PER DIEM RATE BY VIRTUE OF AVAILABILITY OF GOVERNMENT QUARTERS WHILE ASSIGNED TEMPORARY DUTY AT A PRE -EMBARKATION OVERSEAS PROCESSING POINT IN THE UNITED STATES, WOULD THE OCCUPANCY OF "TRANSIENT TYPE" QUARTERS UNDER CONDITIONS OF THIS NATURE AFFECT ENTITLEMENT TO BAQ?

IN DISCUSSING QUESTION 3, THE COMMITTEE STATES THAT IT APPEARS TO BE A TENABLE OPINION THAT THE OCCUPANCY OF "TRANSIENT TYPE" QUARTERS BY MEMBERS WITHOUT DEPENDENTS FOR "NOT MORE THAN 30 CONSECUTIVE DAYS" AT A TEMPORARY STATION, OR AT A PRE-EMBARKATION OVERSEAS PROCESSING POINT IN THE UNITED STATES, WOULD NOT ADVERSELY AFFECT ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS ON THE PREMISE THAT PROVISIONS SIMILAR TO THOSE ARE CONTAINED IN RULES 6 AND 7, TABLE 3-2-5 OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL, GOVERNING QUARTERS ALLOWANCE ENTITLEMENTS OF MEMBERS WITH DEPENDENTS. IT REFERS TO THE DISCUSSION IN 45 COMP. GEN. 347, WHICH IT STATES APPEARS TO SUPPORT SUCH A "30 DAY RULE" EVEN IN THE ABSENCE OF AN EXPRESSION IN AN EXECUTIVE ORDER OR BY ADMINISTRATIVE REGULATIONS TO SUCH EFFECT.

SECTION 402 OF EXECUTIVE ORDER NO. 11157, DATED JUNE 22, 1964, PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED BY STATUTE, A MEMBER SHALL BE ENTITLED TO A QUARTERS ALLOWANCE IN ACCORDANCE WITH THOSE REGULATIONS AND ANY REGULATIONS PRESCRIBED PURSUANT THERETO.

AS INDICATED ABOVE, SECTION 403 OF THE EXECUTIVE ORDER PROVIDES THAT ANY GOVERNMENT QUARTERS IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES (A) BY A MEMBER AND HIS DEPENDENTS OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS SHALL BE DEEMED TO HAVE BEEN ASSIGNED AND NO QUARTERS ALLOWANCE SHALL ACCRUE IN SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY OCCURS WHILE THE MEMBER IS IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION AND IS OF A TEMPORARY NATURE UNDER STANDARDS PRESCRIBED IN REGULATIONS ISSUED BY THE SECRETARY OF DEFENSE.

IT IS TO BE NOTED THAT SECTION 403 MAKES NO EXCEPTION WITH RESPECT TO TEMPORARY OCCUPANCY OF GOVERNMENT QUARTERS AT OTHER THAN HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, INCIDENT TO A CHANGE OF PERMANENT STATIONS, SINCE THE LAW SPECIFICALLY PRECLUDED THE PAYMENT OF A QUARTERS ALLOWANCE TO SUCH MEMBERS "BETWEEN PERMANENT DUTY STATIONS" AT THE TIME THE EXECUTIVE ORDER WAS ISSUED. SECTION 403 (F) OF THE STATUTE NOW AUTHORIZES A QUARTERS ALLOWANCE TO AN OTHERWISE ELIGIBLE MEMBER WITHOUT DEPENDENTS WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT STATIONS, WHEN HE IS NOT ASSIGNED TO GOVERNMENT QUARTERS.

IN 45 COMP. GEN. 347, WE CONCLUDED THAT UNDER THE PROVISIONS OF SECTION 403 OF EXECUTIVE ORDER NO. 11157, ADMINISTRATIVE REGULATIONS COULD BE ISSUED TO AUTHORIZE A QUARTERS ALLOWANCE FOR NOT MORE THAN 30 DAYS TO A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES TRANSIENT TYPE QUARTERS AT HIS PERMANENT STATION INCIDENT TO A PERMANENT CHANGE OF STATIONS. THE DECISION DID NOT HOLD, HOWEVER, THAT SUCH AN ALLOWANCE WOULD BE PAYABLE IN THE ABSENCE OF APPROPRIATE REGULATIONS.

WHILE PARAGRAPH 403 (F) OF THE STATUTE DOES NOT AUTHORIZE THE PAYMENT OF A QUARTERS ALLOWANCE TO A MEMBER WITHOUT DEPENDENTS WHEN ASSIGNED QUARTERS BETWEEN PERMANENT STATIONS, IN VIEW OF THE LEGISLATIVE INTENT TO PROVIDE FOR ENTITLEMENT WITHOUT REGARD TO THE MEMBER'S DEPENDENCY STATUS, WE ARE OF THE OPINION THAT SECTION 403 OF THE EXECUTIVE ORDER MIGHT BE AMENDED SO THAT CLAUSE (I) WILL APPLY THE SAME TO A MEMBER WITHOUT DEPENDENTS AS IT DOES TO A MEMBER AND HIS DEPENDENTS WITH RESPECT TO OCCUPANCY OF A TEMPORARY NATURE WHILE IN A DUTY OR LEAVE STATUS INCIDENT TO A CHANGE OF PERMANENT STATION. SHOULD THE EXECUTIVE ORDER BE SO AMENDED, WE BELIEVE ADMINISTRATIVE REGULATIONS COULD THEN BE PROMULGATED TO AUTHORIZE BASIC ALLOWANCE FOR QUARTERS FOR NOT MORE THAN 30 DAYS TO A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES TRANSIENT TYPE QUARTERS WHILE IN A DUTY OR LEAVE STATUS INCIDENT TO A PERMANENT CHANGE OF STATION.

IN THE ABSENCE OF APPROPRIATE REGULATIONS AS INDICATED ABOVE, IT IS OUR VIEW, HOWEVER, THAT A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES GOVERNMENT QUARTERS AT A TEMPORARY DUTY STATION INCIDENT TO A DUTY ASSIGNMENT BETWEEN PERMANENT DUTY STATIONS IS NOT ENTITLED TO A QUARTERS ALLOWANCE. AND THIS IS SO REGARDLESS OF THE FACT THAT HIS PER DIEM IS REDUCED BECAUSE OF SUCH OCCUPANCY. QUESTION 3 IS ANSWERED ACCORDINGLY.

4. WOULD IT MAKE ANY DIFFERENCE IF THE MEMBER WERE TDY ENROUTE AND SPECIFICALLY DIRECTED TO UTILIZE GOVERNMENT QUARTERS BECAUSE OF MISSION REQUIREMENTS?

INASMUCH AS THE MEMBER WOULD BE OCCUPYING GOVERNMENT QUARTERS, EVEN IF SPECIFICALLY DIRECTED TO DO SO, HE WOULD NOT BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS UNDER THE PRESENT REGULATIONS. SEE ANSWER TO QUESTION 3.

5. WOULD THE ANSWER TO QUESTION 3 VARY DEPENDING UPON THE PERIOD OF TIME INVOLVED IN THE OCCUPANCY OF SUCH QUARTERS?

AS INDICATED IN ANSWERS TO QUESTIONS 3 AND 4, NO ENTITLEMENT WOULD EXIST UNDER PRESENT REGULATIONS, BUT UNDER APPROPRIATE AMENDMENTS WE BELIEVE THAT OCCUPANCY OF "TRANSIENT TYPE" QUARTERS FOR NOT TO EXCEED 30 DAYS BETWEEN PERMANENT DUTY STATIONS COULD BE AUTHORIZED, WITHOUT LOSS OF BASIC ALLOWANCE FOR QUARTERS.

6. UNDER REGULATIONS APPLICABLE TO MEMBERS WITH DEPENDENTS WHILE IN A TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS ENTITLEMENT TO BAQ EXISTS, BUT NOT MORE THAN 30 CONSECUTIVE DAYS AT ANY LOCATION WHERE TRANSIENT QUARTERS ARE OCCUPIED. IN VIEW OF THE INTENT OF SECTION 1 (3) OF PUBLIC LAW 90-207 TO ASSURE EQUAL TREATMENT OF PERSONNEL WITHOUT REGARD TO THEIR DEPENDENCY STATUS, WOULD NOT THE "30 DAY RULE" APPLY TO MEMBERS WITHOUT DEPENDENTS, UNDER THE SAME CIRCUMSTANCES, EVEN IN THE ABSENCE OF ANY ADDITION TO PRESIDENTIAL REGULATIONS (37 U.S.C. 403 (G) ( AS TO ENTITLEMENT IN THIS PARTICULAR AREA?

A MEMBER WITH DEPENDENTS WHO OCCUPIES TRANSIENT TYPE QUARTERS FOR A PERIOD OF NOT MORE THAN 30 DAYS INCIDENT TO A PERMANENT CHANGE OF STATION IS ENTITLED TO A QUARTERS ALLOWANCE BY REASON OF THE PROVISIONS OF SECTION 403 OF EXECUTIVE ORDER NO. 11157 AND THE ADMINISTRATIVE REGULATIONS ISSUED PURSUANT THERETO. 45 COMP. GEN. 347. AS EXPLAINED IN ANSWER TO QUESTION 3, WE BELIEVE REGULATIONS MAY PROVIDE SIMILAR ENTITLEMENT FOR A MEMBER WITHOUT DEPENDENTS WHO OCCUPIES TRANSIENT TYPE QUARTERS BETWEEN PERMANENT STATIONS INCIDENT TO A PERMANENT CHANGE OF STATION. SECTION 403 OF THE STATUTE, AS AMENDED, HOWEVER, DOES NOT PROVIDE FOR SUCH ENTITLEMENT IN THE ABSENCE OF APPROPRIATE REGULATIONS. THE QUESTION IS ANSWERED IN THE NEGATIVE. 7. WOULD A MEMBER OCCUPYING QUARTERS ABOARD A SHIP AS A PART OF TRANSPORTATION EN ROUTE BE CONSIDERED AS ASSIGNED TO QUARTERS OF THE UNITED STATES FOR ANY PURPOSE UNDER THE NEW SECTION 403 (F) OF TITLE 37, SO AS TO AFFECT ENTITLEMENT TO BAQ?

AS STATED IN THE COMMITTEE DISCUSSION, WE HAVE HELD THAT ACCOMMODATIONS FURNISHED MEMBERS OF THE UNIFORMED SERVICES AND TO THEIR DEPENDENTS WHILE TRAVELING UPON CHANGE OF STATION ARE NOT THE EQUIVALENT OF PUBLIC QUARTERS SO AS TO DEPRIVE THE MEMBERS OF BASIC ALLOWANCE FOR QUARTERS. SEE 20 COMP. GEN. 522 AND 25 ID. 863. ACCORDINGLY, A MEMBER OCCUPYING ACCOMMODATIONS ABOARD A SHIP AS A PASSENGER EN ROUTE TO HIS NEW PERMANENT STATION WOULD NEVERTHELESS BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS, IF OTHERWISE ENTITLED.

8. A MEMBER WITHOUT DEPENDENTS, OTHERWISE ELIGIBLE, IS DETACHED FROM LAST PERMANENT DUTY STATION AND ORDERED TO A VESSEL HOMEPORTED AT PEARL HARBOR. MEMBER ARRIVES PEARL HARBOR, HIS VESSEL IS NOT IN PORT, AND HE REPORTS IN THE SQUADRON HEADQUARTERS TO AWAIT ARRIVAL OF VESSEL WHICH ARRIVES 28 DAYS LATER AND MEMBER REPORTS ON BOARD FOR DUTY. IN THE MEANTIME HE OCCUPIES ,TRANSIENT TYPE" QUARTERS. DOES SUCH OCCUPANCY AFFECT HIS ENTITLEMENT TO BAQ.

SECTION 401 (D) OF EXECUTIVE ORDER NO. 11157, IMPLEMENTING SECTION 403 OF TITLE 37, UNITED STATES CODE, DEFINES THE TERM "PERMANENT STATION" AS INCLUDING THE HOME YARD OR THE HOME PORT OF A SHIP IN WHICH A MEMBER IS REQUIRED TO PERFORM DUTY. ACCORDINGLY, THE MEMBER WOULD BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS WHILE OCCUPYING TRANSIENT TYPE QUARTERS DURING THE 28 DAYS HE WAS AWAITING THE ARRIVAL OF HIS VESSEL AT ITS HOME PORT SINCE HE WOULD BE AT HIS PERMANENT STATION FOR QUARTERS ALLOWANCE PURPOSES.

9. THE SAME QUESTION AS ABOVE, EXCEPT UPON ARRIVAL AT HOMEPORT THE MEMBER IS ASSIGNED BY THE SQUADRON TO ANOTHER FOR TEMPORARY DUTY TO AWAIT ARRIVAL OF VESSEL TO WHICH ORDERED, AND MEMBER IS ON BOARD TEMPORARY VESSEL FOR 29 DAYS PRIOR TO REPORTING TO VESSEL TO WHICH ORDERED FOR PERMANENT DUTY. DOES SUCH OCCUPANCY AFFECT HIS ENTITLEMENT TO BAQ?

SECTION 403 (F) OF TITLE 37, U.S. CODE, PROVIDES THAT A MEMBER IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS UNDER THAT SUBSECTION, IF OTHERWISE QUALIFIED "WHEN HE IS NOT ASSIGNED TO QUARTERS OF THE UNITED STATES.' SINCE QUARTERS ABOARD A VESSEL IN THE PERFORMANCE OF TEMPORARY DUTY ARE CONSIDERED QUARTERS OF THE UNITED STATES WITHIN THE PURVIEW OF SECTIONS 403 (B) AND (F) AND SUCH ASSIGNMENT DOES NOT COME WITHIN THE EXCEPTIONS CONTAINED IN EXECUTIVE ORDER NO. 11157, THE MEMBER, NOT BEING AT HIS PERMANENT STATION, WOULD NOT BE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS DURING SUCH PERIOD OF TEMPORARY ASSIGNMENT.

10. IN CASES OF PCS TRANSFER FROM ONE VESSEL TO ANOTHER, BOTH HOMEPORTED IN THE SAME AREA, MAY AN OTHERWISE ELIGIBLE MEMBER OCCUPY "TRANSIENT TYPE" QUARTERS AT THE HOMEPORT FOR PERIODS OF NOT MORE THAN 30 CONSECUTIVE DAYS WITHOUT AFFECTING HIS BAQ ENTITLEMENT?

THE EXCEPTION IN SECTION 403, CLAUSE (I) OF EXECUTIVE ORDER NO. 11157, WHICH PERMITS OCCUPANCY OF GOVERNMENT QUARTERS WITHOUT LOSS OF BASIC ALLOWANCE FOR QUARTERS, RELATES TO OCCUPANCY WHICH OCCURS WHILE THE MEMBER IS IN A LEAVE OR DUTY STATUS INCIDENT TO A CHANGE OF PERMANENT STATION AND IS OF A TEMPORARY NATURE UNDER PRESCRIBED STANDARDS. IN VIEW OF THE DEFINITION OF PERMANENT STATION CONTAINED IN SECTION 401 (D) AS MENTIONED IN ANSWER TO QUESTION 8, IT APPEARS THAT A TRANSFER FROM ONE VESSEL TO ANOTHER, BOTH HOMEPORTED IN THE SAME AREA, DOES NOT CONSTITUTE A PERMANENT CHANGE OF STATION FOR QUARTERS ALLOWANCE PURPOSES. CONSEQUENTLY, THE OCCUPANCY OF TRANSIENT TYPE QUARTERS AT THE HOME PORT INCIDENT TO SUCH A REASSIGNMENT WOULD NOT BE INCIDENT TO A CHANGE OF STATION WITHIN THE CONTEMPLATION OF SECTION 403 OF THE EXECUTIVE ORDER AND NO ENTITLEMENT TO QUARTERS ALLOWANCE WOULD EXIST DURING SUCH PERIOD OF OCCUPANCY.