Request for Overseas Housing and Allowances

An advance decision was requested concerning the propriety of crediting a Marine Corps officer with military overseas housing and cost-of-living allowances after he moved out of his room at the bachelor officers' quarters to reside off base in private housing with his family. The officer had reported to his base for a dependents-restricted tour of duty. He was assigned a private room in the bachelor officers' quarters, and an officers' mess was available for his meals. Even though the officer was not eligible to have his wife and children join him as command sponsored dependents, he chose to bring them overseas at personal expense as his individually sponsored dependents. After their arrival, he moved into private off-base living quarters with them, and his private room at the bachelor officers' quarters was reassigned to someone who had a bona fide need for it. Minimal accommodations were kept available for his possible use. The officer declined to accept the minimal quarters assigned to him because he felt that they were inadequate Government quarters. He simultaneously applied for a certificate of nonavailability of quarters and messing facilities to obtain eligibility for overseas housing and cost-of-living allowances. His application for this certificate was denied. Subsequently, he filed a claim for overseas housing and cost-of-living allowances on the basis that he had been forced to reside and dine off base due to inadequate on-base Government quarters. However, a service member may acquire no entitlement to a housing allowance on the basis of an involuntary assignment to Government quarters classified as inadequate. Because the members of his family were his individually sponsored dependents, he was ineligible to draw overseas housing and cost-of-living allowances on their account. He remained ineligible to draw overseas housing and cost-of-living allowances on his own account since there is no obligation to maintain unoccupied quarters for service members who have voluntarily elected to reside elsewhere. Accordingly, the officer may not be credited with the allowances in question.