B-171766, MAY 4, 1971

B-171766, MAY 4, 1971

MILITARY PERSONNEL - CHANGE OF STATION - BASIC QUARTERS ALLOWANCE ADVISING THAT LT. KELLY W. CARTRON IS ENTITLED TO BASIC QUARTERS ALLOWANCE FOR A PERIOD OF 30 DAYS INCIDENT TO HIS CHANGE OF STATION TO BEALE AFB, CALIFORNIA. UPON ARRIVAL AT BEALE AFB, LT. CARTRON OCCUPIED VISITING OFFICERS QUARTERS (A TRANSIENT BILLETING FACILITY) ON SPACE AVAILABLE BASIS BECAUSE PERMANENT BACHELOR QUARTERS WERE NOT YET AVAILABLE. HE OCCUPIED THESE QUARTERS FOR SHORT PERIODS OF TIME BEING AWAY FROM HIS NEW STATION ON TEMPORARY DUTY ASSIGNMENTS UNTIL NOVEMBER 12, WHEN HE ESTABLISHED PRIVATE OFF BASE QUARTERS. UNDER THESE CIRCUMSTANCES HIS ENTITLEMENT TO BASIC QUARTERS ALLOWANCE IS LIMITED BY EXPRESS LANGUAGE OF STATUTE (37 U.S. C. 403) AND EXECUTIVE ORDER (NO. 11157) TO THE FIRST 30 DAYS (NOT NECESSARILY CONTINUOUS) PRIOR TO OCCUPANCY OF PERMANENT QUARTERS DURING WHICH TRANSIENT TYPE QUARTERS WERE ACTUALLY OCCUPIED.

TO CAPTAIN R. V. PEACOCK, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 20, 1970, IN WHICH YOU REQUESTED AN ADVANCE DECISION CONCERNING THE ENTITLEMENT OF FIRST LIEUTENANT KELLY W. CARTRON TO PAYMENT OF BASIC ALLOWANCE FOR QUARTERS (BAQ) UNDER THE CIRCUMSTANCES DESCRIBED THEREIN. YOUR REQUEST WAS ASSIGNED AIR FORCE REQUEST NO. DO-AF-1109 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

YOU REPORT THAT ON APRIL 18, 1970, LIEUTENANT CARTRON ARRIVED AT BEALE AIR FORCE BASE, CALIFORNIA, PURSUANT TO PERMANENT CHANGE OF STATION (PCS) ORDERS; THAT PERMANENT BACHELOR OFFICERS QUARTERS (BOQ) AT THAT PLACE WERE NOT THEN AVAILABLE; AND THAT HE WAS AUTHORIZED TO LIVE OFF-BASE WITH ENTITLEMENT TO BAQ FOR A PERIOD OF NOT TO EXCEED 90 DAYS EFFECTIVE APRIL 20, 1970. THE BILLETING OFFICER APPARENTLY ADVISED HIM THAT HE COULD OCCUPY THE VISITING OFFICERS QUARTERS (VOQ), A TRANSIENT BILLETING FACILITY, ON A SPACE-AVAILABLE BASIS. WHILE HE OCCUPIED SUCH VOQ FOR SHORT PERIODS OF TIME, HE WAS AWAY FROM HIS NEW STATION ON TEMPORARY DUTY ASSIGNMENTS OR IN A LEAVE STATUS MOST OF THE TIME UNTIL HIS RETURN ON OCTOBER 2, 1970, WHEN HE AGAIN OCCUPIED QUARTERS AT THE TRANSIENT FACILITY. HE ESTABLISHED PRIVATE OFF-BASE QUARTERS IN THE VICINITY OF BEALE AIR FORCE BASE ON NOVEMBER 12, 1970. AT EACH OF HIS THREE TEMPORARY DUTY STATIONS HE OCCUPIED GOVERNMENT TRANSIENT QUARTERS.

UNDER THESE CIRCUMSTANCES AND IN LIGHT OF OUR DECISIONS 45 COMP. GEN. 245 (1965), 45 ID. 347 (1965), AND 48 ID. 40 (1968), AS WELL AS RULES 13 AND 14 OF TABLE 3-2-3, DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL, YOU POSE THE FOLLOWING QUESTIONS:

"(1) IS LIEUTENANT CARTRON ENTITLED TO BAQ BEGINNING 18 APRIL 1970?

"(2) IF QUESTION (1) IS ANSWERED IN THE AFFIRMATIVE, WOULD LIEUTENANT CARTRON'S BAQ ENTITLEMENT CEASE WHEN HE DEPARTED FOR TEMPORARY DUTY AT ANOTHER AIR FORCE BASE WHERE HE OCCUPIED TRANSIENT TYPE GOVERNMENT QUARTERS?

"(3) IF ANSWER TO QUESTION (2) IS AFFIRMATIVE, WOULD LIEUTENANT CARTRON'S BAQ ENTITLEMENT BE REESTABLISHED UPON HIS RETURN TO HIS PERMANENT STATION WHERE HE AGAIN OCCUPIED TRANSIENT TYPE QUARTERS? IF ANSWER TO QUESTION (2) IS NEGATIVE, AT WHAT POINT WOULD LIEUTENANT CARTRON'S ENTITLEMENT CEASE?

"(4) IF ANSWER TO THE FIRST PART OF QUESTION (3) IS AFFIRMATIVE, WOULD LIEUTENANT CARTRON'S ENTITLEMENT TO BAQ CEASE AT THE END OF THIRTY DAYS, SAID THIRTY DAYS BEING COMPUTED FROM THE TIME HE ORIGINALLY ARRIVED PCS (18 APRIL 1970)?"

PARAGRAPH 403, TITLE 37 U.S. CODE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"(A) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION OR BY ANOTHER LAW, A MEMBER OF A UNIFORMED SERVICE WHO IS ENTITLED TO BASIC PAY IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS *** .

"(B) *** 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, *** AND ADEQUATE FOR HIMSELF, *** IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS. ***

"(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."

"(G) THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION, *** "

THE PRESIDENTIAL REGULATIONS ARE CONTAINED IN SECTION 403 OF EXECUTIVE ORDER NO. 11157, AS AMENDED BY EXECUTIVE ORDER NO. 11511, IN PERTINENT PART, 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 *** 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. *** "

IMPLEMENTING ADMINISTRATIVE REGULATIONS ISSUED PURSUANT TO PARAGRAPH 407 OF EXECUTIVE ORDER NO. 11157 ARE INCORPORATED IN RULE 14, TABLE 3-2 3. DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL, WHICH PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES WHO "IS ASSIGNED PCS AND IS ON AUTHORIZED LEAVE OR DUTY AT THE OLD OR NEW STATION" IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS "FOR NOT MORE THAN 30 DAYS" THAT HE "OCCUPIES TRANSIENT TYPE GOVERNMENT QUARTERS AT ANY ONE LOCATION."

WHILE GOVERNMENT QUARTERS WERE NOT ACTUALLY ASSIGNED TO LIEUTENANT CARTRON AT HIS NEW STATION. BEALE AIR FORCE BASE, HE OCCUPIED TRANSIENT TYPE QUARTERS WHENEVER HE WAS THERE PRIOR TO NOVEMBER 12, 1970. IN THOSE CIRCUMSTANCES HIS ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS IS LIMITED BY THE EXPRESS LANGUAGE OF THE STATUTE, EXECUTIVE ORDER AND ADMINISTRATIVE REGULATIONS TO A PERIOD OF 30 DAYS AT ONE LOCATION. WHILE THE QUARTERS ALLOWANCE CREDIT ACCRUES ON THE BASIS OF OCCUPANCY OF TRANSIENT TYPE GOVERNMENT QUARTERS AT THE SAME LOCATION, NEITHER THE LAW NOR THE REGULATIONS REQUIRE THAT THE 30-DAY PERIOD BE CONTINUOUS. CONSEQUENTLY, WHEN, AS IN THIS CASE, THE OCCUPANCY OF SUCH QUARTERS IS INTERRUPTED BY LEAVE AND TEMPORARY DUTY, THE BASIC ALLOWANCE FOR QUARTERS ACCRUES FOR NOT TO EXCEED THE FIRST 30 DAYS PRIOR TO THE OCCUPANCY OF PERMANENT QUARTERS DURING WHICH TRANSIENT TYPE QUARTERS ARE IN FACT OCCUPIED AT THE PERMANENT STATION.

THIS 30-DAY QUARTERS ALLOWANCE ENTITLEMENT ACCRUES UNDER THE ABOVE QUOTED PROVISIONS OF EXECUTIVE ORDER NO. 11157 BY VIRTUE OF LIEUTENANT CARTRON'S OCCUPANCY OF TRANSIENT TYPE QUARTERS INCIDENT TO HIS ORDERED CHANGE OF PERMANENT STATION AND DOES NOT RESULT FROM THE FACT THAT HE WAS NOT ASSIGNED QUARTERS AT HIS NEW PERMANENT STATION. CONSEQUENTLY, PRIOR TO NOVEMBER 12, 1970, THE DATE ON WHICH HE FIRST OCCUPIED OFF BASE QUARTERS, LIEUTENANT CARTRON WAS NOT "RECEIVING BAQ AT HIS PERMANENT STATION" SO AS TO BRING HIM WITHIN THE PURVIEW OF RULE 13 OF TABLE 3-2-3 OF THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL PROVIDING FOR A CONTINUANCE OF THE BASIC ALLOWANCE FOR QUARTERS DURING PERIODS OF TEMPORARY DUTY AWAY FROM A PERMANENT STATION.

YOUR FOUR QUESTIONS ARE ANSWERED IN THE AFFIRMATIVE. THE MILITARY PAY ORDER FORWARDED WITH YOUR LETTER IS RETURNED HEREWITH PAYMENT BEING AUTHORIZED THEREON TO THE EXTENT INDICATED ABOVE.