B-128338, B-128339, OCTOBER 3, 1956, 36 COMP. GEN. 274

B-128338, B-128339, OCTOBER 3, 1956, 36 COMP. GEN. 274

MILITARY PERSONNEL - OVERSEAS - FAMILY SEPARATION ALLOWANCE - DEPENDENTS REMAINING IN UNITED STATES PROVISION IN THE JOINT TRAVEL REGULATIONS WHICH PURPORTS TO AUTHORIZE FAMILY SEPARATION ALLOWANCE PAYMENTS TO MEMBERS OF THE UNIFORMED SERVICES AT OVERSEAS STATIONS AT FIXED RATES BASED ON RANK, WHEN THE MEMBERS ARE NOT ACCOMPANIED BY THEIR DEPENDENTS AND ARE NOT ASSIGNED QUARTERS FOR THEMSELVES, GOES BEYOND THE SCOPE OF SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, WHICH AFFORDS RELIEF TO MEMBERS AGAINST INCREASED LIVING COSTS OUTSIDE THE CONTINENTAL UNITED STATES, AND ANY PAYMENTS MADE PURSUANT TO THIS PROVISION ARE NOT AUTHORIZED. A MEMBER OF THE UNIFORMED SERVICES WHO, FOR PERSONAL REASONS, DOES NOT TAKE HIS DEPENDENTS TO HIS OVERSEAS STATION, DOES NOT COME WITHIN THE STATUTORY PROVISION AUTHORIZING PER DIEM PAYMENTS TO COVER INCREASED COST OF MAINTAINING DEPENDENTS AT OVERSEAS STATIONS AND MUST BEAR INCREASED COSTS FOR MAINTAINING DEPENDENTS IN THE UNITED STATES.

TO THE SECRETARY OF DEFENSE, OCTOBER 3, 1956:

REFERENCE IS MADE TO LETTER OF JULY 28, 1956, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES), A COPY OF WHICH IS ENCLOSED, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED JULY 17, 1956, B-128338, B-128339, IN WHICH WE HELD THAT PARAGRAPH 4304, JOINT TRAVEL REGULATIONS, EFFECTIVE MARCH 1, 1956, PURPORTEDLY PROMULGATED UNDER AUTHORITY OF SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253, GOES BEYOND THE SCOPE OF THIS SECTION OF THE STATUTE, AND HENCE IS OF NO EFFECT.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT PROVIDES IN MATERIAL PART THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS NOT IN A TRAVEL STATUS ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES. SECTION 302 (F) OF THE CAREER COMPENSATION ACT SETS FORTH ACCORDING TO PAY GRADE THE MONTHLY RATES OF BASIC ALLOWANCE FOR QUARTERS PAYABLE TO MEMBERS, THE AMOUNTS PAYABLE TO MEMBERS WITHOUT DEPENDENTS BEING INCREASED FROM 20 TO 50 PERCENT FOR MEMBERS OF CORRESPONDING RANK OR GRADE WITH DEPENDENTS, EXCEPT FOR CERTAIN MEMBERS IN THE FIRST FOUR ENLISTED PAY GRADES. IN ADDITION TO THE INCREASED QUARTERS ALLOWANCE PAID TO MEMBERS WITH DEPENDENTS, THE QUESTIONED PARAGRAPH OF THE JOINT TRAVEL REGULATIONS PURPORTS TO AUTHORIZE PAYMENT TO SUCH MEMBERS AT OVERSEAS STATIONS WHO ARE SEPARATED FROM THEIR DEPENDENTS AND ARE NOT FURNISHED QUARTERS FOR THEMSELVES, OF A PER DIEM IN AN AMOUNT EQUIVALENT TO THE STATUTORY QUARTERS ALLOWANCE FOR MEMBERS OF EQUAL GRADE OR RANK WITHOUT DEPENDENTS. THE REGULATION APPARENTLY IS PREMISED ON THE PROPOSITION THAT A MEMBER WITH DEPENDENTS IS WITHOUT A QUARTERS ALLOWANCE ON HIS OWN ACCOUNT, AND FOR THAT REASON WHEN SUCH MEMBER IS REQUIRED TO OBTAIN QUARTERS APART FROM HIS DEPENDENTS THE RESULTING EXPENSE, IF INCURRED AT A PERMANENT STATION OVERSEAS, REPRESENTS AN INCREASE IN THE COST OF LIVING WHICH IS REIMBURSABLE UNDER THE STATUTE.

THE ASSISTANT SECRETARY OF THE NAVY STATES THAT OUR DECISION OF JULY 17, 1956, IS NOT INTERPRETED AS HOLDING THAT THE SECRETARIES OF THE UNIFORMED SERVICES ARE WHOLLY WITHOUT AUTHORITY TO PROVIDE A FAMILY SEPARATION ALLOWANCE WITHIN THE OVERSEAS COST-OF-LIVING ALLOWANCE STRUCTURE AND HE REQUESTS, IN THE EVENT WE ADHERE TO OUR DECISION WITH RESPECT TO THE PRESENT REGULATION, OUR CONSIDERATION OF A SUGGESTED ALTERNATIVE. AS AN ALTERNATIVE HE PROPOSES, IN BRIEF, THAT A FAMILY SEPARATION ALLOWANCE BE AUTHORIZED FOR MEMBERS NOT ASSIGNED BACHELOR QUARTERS, LIMITED TO TWO SEPARATE RATES, ONE FOR OFFICERS AND ONE FOR ENLISTED PERSONNEL, PAYABLE TO MEMBERS HAVING DEPENDENTS WHO DO NOT ORDINARILY LIVE APART FROM THE MEMBER BUT WHO ARE PREVENTED FROM JOINING HIM AT HIS OVERSEAS DUTY STATION BY A COMPETENT ORDER OR REGULATION OF THE SERVICE CONCERNED, OR FOR REASONS OF HARDSHIP BEYOND THEIR CONTROL.

AS IN THE CASE OF THE ORIGINAL FAMILY SEPARATION ALLOWANCE, AND ASIDE FROM THE QUESTION OF OTHERWISE APPROPRIATE AMOUNTS OF SUCH PAYMENTS, OUR CONCURRENCE IN THE PROPOSED ALTERNATIVE WOULD REQUIRE AN INTERPRETATION OF THE STATUTORY PROVISION INVOLVED AS AUTHORIZING PAYMENT OF A PER DIEM NOT ONLY ON ACCOUNT OF HIGHER LIVING COSTS OBTAINING IN THE AREA OF A MEMBER'S OVERSEAS STATION, AS COMPARED TO LIVING COSTS IN THE UNITED STATES, BUT ALSO ON ACCOUNT OF EXPENSES INCURRED BY MEMBERS IN MEETING NORMAL LIVING COSTS OF DEPENDENTS IN THE UNITED STATES, OR AT OTHER POINTS AWAY FROM THE MEMBER'S OVERSEAS STATION.

AS WAS STATED IN OUR DECISION OF JULY 17, 1956, THE LANGUAGE OF SECTION 303 (B) OF THE CAREER COMPENSATION ACT, EXCEPT FOR THE ADDITION OF THE WORDS "AND THEIR DEPENDENTS," IS IDENTICAL WITH THAT WHICH APPEARED AS AN AMENDMENT TO THE PAY READJUSTMENT ACT OF 1942 IN SECTION 203 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 853, 859, ENTITLED " AN ACT TO ENACT CERTAIN PROVISIONS NOW INCLUDED IN THE NAVAL APPROPRIATION ACT FOR 1946, 58 STAT. 303, AND FOR THE PRIOR YEARS FROM 1943 TO 1945, PROVIDED THAT THE APPROPRIATION SHOULD BE AVAILABLE FOR "THE ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF AS HE (THE SECRETARY OF THE NAVY) MAY DETERMINE AND APPROVE FOR NAVAL PERSONNEL ON SPECIAL DUTY IN FOREIGN COUNTRIES * * *.'

WITH REGARD TO THE INTENT AND PURPOSE OF THIS LEGISLATION THE THEN SECRETARY OF THE NAVY STATED IN CIRCULAR LETTER NO. 157-44, DATED MAY 30, 1944, NAVY DEPARTMENT BULLETIN FOR JANUARY-JUNE 1944, THAT:

1.IN ORDER TO ALLEVIATE THE BURDENS PLACED ON NAVAL PERSONNEL ON SPECIAL DUTY IN FOREIGN COUNTRIES BY THE HIGH COSTS OF LODGING AND SUBSISTENCE, THE CONGRESS MADE PROVISION FOR ACTUAL EXPENSES OR PER DIEM IN LIEU THEREOF IN REFERENCE (A) AND HAS ENACTED THE SAME PROVISION IN SUBSEQUENT APPROPRIATION BILLS. THE AUTHORIZATION GIVES THE SECRETARY ENTIRE DISCRETION AS TO THE AMOUNT AND CONDITIONS UNDER WHICH PAYABLE. THE PURPOSE OF THE PROVISION IS TO COMPENSATE FOR THE ADDITIONAL COST OF LODGING AND SUBSISTENCE OF INDIVIDUALS IN THE NAVAL SERVICE ON SPECIAL DUTY IN FOREIGN COUNTRIES AS COMPARED TO THE COST IN THE UNITED STATES. IT IS NOT ADDITIONAL PAY, IT GIVES NO ONE A VESTED RIGHT TO ADDITIONAL COMPENSATION, IT IS NOT TO PROVIDE HIGHER STANDARDS OF LIVING. IT IS SOLELY TO MAKE UP THE ADDITIONAL COSTS IN FOREIGN COUNTRIES.

2. THE RATES PRESCRIBED IN REFERENCE (C) WERE BASED ON THE BEST INFORMATION AVAILABLE AT THE TIME. CHANGING CONDITIONS IN MANY COUNTRIES WILL NECESSITATE ADJUSTING RATES FROM TIME TO TIME AND THIS BUREAU MUST DEPEND UPON THE ADVICE OF COMMANDING OFFICERS CONCERNING LOCAL CONDITIONS PRIOR TO SUBMITTING RECOMMENDATIONS TO THE SECRETARY FOR APPROVAL. IT IS THEREFORE DIRECTED THAT COMMANDING OFFICERS INFORM THIS BUREAU WHEN RATES ALLOWED EXCEED LOCAL NEEDS AS WELL AS WHEN THEY ARE INSUFFICIENT. INFORMATION RECEIVED FROM THE FIELD IN THE PAST HAS RESULTED IN INCREASES AND DECREASES IN THE AMOUNTS ALLOWED IN VARIOUS LOCALITIES WITH CONSEQUENT ADVANTAGE TO THE SERVICE.

3. IN VIEW OF THE CONFIDENCE OF THE CONGRESS THAT THE DEPARTMENT WOULD ADMINISTER THIS PROVISION WISELY AS SHOWN BY WIDE LATITUDE GIVEN, IT IS PARTICULARLY IMPORTANT THAT ALLOWANCES BE LIMITED TO ACTUAL NEEDS. ITALICS SUPPLIED.)

THE PROVISION IN THE ACT OF AUGUST 2, 1946, EXTENDING TO ALL THE ARMED SERVICES AUTHORITY TO MAKE PAYMENT TO MEMBERS ON DUTY OUTSIDE THE UNITED STATES OR IN ALASKA OF ACTUAL AND NECESSARY EXPENSES OR PER DIEM IN LIEU THEREOF, CONSIDERING ALL ELEMENTS OF COST OF LIVING, INCLUDING COST OF QUARTERS, SUBSISTENCE, AND ALL OTHER NECESSARY INCIDENTAL EXPENSES, WAS IMPLEMENTED BY THE SECRETARY OF WAR BY CIRCULAR NO. 196, DATED JULY 25, 1947, REISSUED AS SPECIAL REGULATIONS NO. 35-3080-1, AIR FORCE REGULATION NO. 173-30, DATED MAY 23, 1949, WHICH CONTINUED IN EFFECT UNTIL SUPERSEDED BY THE JOINT TRAVEL REGULATIONS ON APRIL 1, 1951. PARAGRAPH 2 OF THIS CIRCULAR, AND OF THE SUCCEEDING REGULATIONS, DEFINES THE STATION PER DIEM ALLOWANCES PRESCRIBED FOR MILITARY PERSONNEL PERMANENTLY STATIONED OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA AS INCLUDING:

(1) COSTS IN EXCESS OF NORMAL RENTAL AND SUBSISTENCE ALLOWANCES AUTHORIZED TO OFFICERS OF THE FIRST PAY PERIOD WITHOUT DEPENDENTS;

(2) ALL COSTS TO ENLISTED PERSONNEL FOR QUARTERS AND SUBSISTENCE WHEN GOVERNMENT FACILITIES ARE NOT AVAILABLE.

IT IS ASSUMED THAT IN ARRIVING AT THE OVERSEAS STATION PER DIEM ALLOWANCES PRESENTLY AUTHORIZED FOR MEMBERS WITHOUT DEPENDENTS, INCLUDING MEMBERS NOT ACCOMPANIED BY DEPENDENTS, CURRENT RENTAL AND SUBSISTENCE ALLOWANCES WERE TAKEN INTO CONSIDERATION SUBSTANTIALLY AS INDICATED IN ITEM (1) ABOVE. FAILURE TO TAKE COGNIZANCE IN ITEM (2) ABOVE OF ANY QUARTERS ALLOWANCE WHICH ENLISTED MEN OF THE TOP THREE GRADES MAY HAVE BEEN RECEIVING APPARENTLY WAS IN CONFORMITY WITH THE SECOND PARAGRAPH OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, NO LONGER IN EFFECT, WHICH EXPRESSLY PROVIDED THAT AN ENLISTED MAN IN RECEIPT OF A QUARTERS ALLOWANCE ON ACCOUNT OF A DEPENDENT SHOULD CONTINUE TO RECEIVE SUCH ALLOWANCE, EVEN THOUGH ALSO IN RECEIPT OF SUCH ALLOWANCE ON HIS OWN ACCOUNT, IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENT WAS PREVENTED FROM DWELLING WITH HIM.

THE DISTINCTION WITH RESPECT TO QUARTERS ALLOWANCES BETWEEN OFFICER AND ENLISTED PERSONNEL RECOGNIZED IN WAR DEPARTMENT CIRCULAR NO. 196 WAS ELIMINATED BY SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, SUBSECTION (A) OF WHICH PROVIDED THAT EXCEPT AS OTHERWISE PROVIDED BY LAW MEMBERS OF THE UNIFORM SERVICES RECEIVING BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN THE AMOUNTS SPECIFIED IN SUBSECTION (F). SUBSECTION (B) PROVIDES THAT NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO MEMBERS ASSIGNED GOVERNMENT QUARTERS APPROPRIATE TO THEIR RANK OR GRADE AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS. AS TO MEMBERS WITH DEPENDENTS, WHO ARE NOT FURNISHED FAMILY TYPE QUARTERS BUT WHO, BECAUSE OF THE NATURE OF THEIR DUTY ASSIGNMENT OR FOR OTHER REASON, OCCUPY GOVERNMENT BACHELOR QUARTERS, PARAGRAPH 4 OF EXECUTIVE ORDER 10204, EFFECTIVE FEBRUARY 1, 1951, PROMULGATED UNDER AUTHORITY OF SUBSECTION (E), IS TO THE EFFECT THAT SUCH OCCUPANCY SHALL NOT AFFECT THEIR RIGHT TO RECEIVE PAYMENT OF BASIC ALLOWANCES FOR QUARTERS. NO PROVISION IS MADE FOR PAYMENT OF AN ADDITIONAL MONEY ALLOWANCE TO MEMBERS WHO ARE REQUIRED BY CONDITIONS OF THE SERVICE TO LIVE APART FROM THEIR FAMILIES BUT ARE NOT ASSIGNED QUARTERS FOR THEMSELVES. THUS THE GENERAL RULE APPEARS TO BE THAT A MEMBER, EVEN IF REQUIRED TO LIVE APART FROM HIS FAMILY, WHO IS NOT FURNISHED QUARTERS EITHER FOR HIMSELF OR HIS DEPENDENTS MUST OBTAIN SUCH QUARTERS AT PERSONAL EXPENSE TO THE EXTENT THAT THEIR COST MAY EXCEED THE AMOUNT OF HIS ALLOWANCE FOR QUARTERS AS A MEMBER WITH DEPENDENTS. IT FOLLOWS THAT IF PARAGRAPH 4304, JOINT TRAVEL REGULATIONS, OR ANY MODIFICATION OF THAT PARAGRAPH PROPOSING TO DISREGARD THE STATUTORY BASIC ALLOWANCE FOR QUARTERS IN FIXING OVERSEAS STATION ALLOWANCES FOR MEMBERS NOT ACCOMPANIED BY THEIR DEPENDENTS AND NOT FURNISHED QUARTERS FOR THEMSELVES, IS TO BE REGARDED AS VALID, SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949 MUST BE CONSTRUED AS REMOVING FROM THIS GENERAL RULE MEMBERS AT DUTY STATIONS OVERSEAS.

THE LEGISLATION PRESENTLY EMBODIED IN SECTION 303 (B) OF THE CAREER COMPENSATION ACT HAS FROM ITS INCEPTION BEEN CONCERNED WITH AFFORDING RELIEF TO MEMBERS AGAINST HIGHER LIVING COSTS OUTSIDE CONTINENTAL UNITED STATES. THAT IT WAS SO REGARDED BY THE ADMINISTRATIVE OFFICERS INITIALLY CHARGED WITH ITS EXECUTION IS SHOWN BY THE NAVY AND WAR DEPARTMENT CIRCULARS QUOTED ABOVE. ALSO, THAT AN AMOUNT EQUAL TO A SINGLE OFFICER'S QUARTERS ALLOWANCE WAS FIRST TO BE CHARGED AGAINST MEMBERS WITH DEPENDENTS AS WELL AS THOSE WITHOUT DEPENDENTS IN DETERMINING THE AMOUNT OF THE STATION PER DIEM ALLOWANCE IS CLEARLY EVIDENCED IN WAR DEPARTMENT CIRCULAR NO. 196, JULY 25, 1947. THE COURTS HAVE HELD REPEATEDLY THAT THE CONTEMPORANEOUS CONSTRUCTION OF A STATUTE BY THOSE CHARGED WITH ITS EXECUTION, ESPECIALLY WHEN IT HAS LONG PREVAILED, IS ENTITLED TO GREAT WEIGHT, AND SHOULD NOT BE DISREGARDED OR OVERTURNED EXCEPT FOR COGENT REASONS, AND UNLESS IT BE CLEAR THAT SUCH CONSTRUCTION IS ERRONEOUS. UNITED STATES V. JOHNSTON, 124 U.S. 236; UNITED STATES V. SWEET, 189 U.S. 471.

NO COGENT REASON IS PERCEIVED FOR QUESTIONING THE ADMINISTRATIVE CONSTRUCTION PLACED ON THE LEGISLATION INVOLVED AS IT WAS PRIOR TO THE ENACTMENT OF THE CAREER COMPENSATION ACT OF 1949. HENCE, DISREGARDING THE FACT THAT THE LEGISLATION IN ITS PRESENT STATE APPARENTLY HAS BEEN SIMILARLY VIEWED ADMINISTRATIVELY FOR MORE THAN SIX YEARS, THE ONLY QUESTION REMAINING TO BE RESOLVED IS WHETHER THE ADDITION OF THE WORDS "AND THEIR DEPENDENTS" MAY BE CONSTRUED AS OPERATING TO AUTHORIZE PAYMENT OF AN INCREASED STATION PER DIEM ALLOWANCE TO MEMBERS IN SUCH CASE SOLELY ON THE BASIS THAT THE ENTIRE COST OF OBTAINING QUARTERS FOR THEMSELVES CONSTITUTES AN INCREASED COST OF LIVING AT THEIR OVERSEAS STATION BECAUSE OF THE NEED DEVOLVING UPON THEM TO HOUSE THEIR DEPENDENTS AT NORMAL COSTS IN THE UNITED STATES.

AS HAS BEEN POINTED OUT, THIS LEGISLATION IN ITS VARIOUS FORMS HAS BEEN REGARDED FROM THE BEGINNING AS INTENDED TO AFFORD RELIEF AGAINST HIGHER LIVING COSTS OBTAINING IN THE AREAS OF AT LEAST SOME OVERSEAS STATIONS. BEFORE THE INCLUSION OF DEPENDENTS, IT ALSO WAS CONSIDERED THAT, AS TO QUARTERS, THEIR COST MUST FIRST EXCEED AT LEAST THE MINIMUM QUARTERS ALLOWANCE PRESCRIBED FOR MEMBERS WITHOUT DEPENDENTS BEFORE A STATION PER DIEM FOR QUARTERS COULD BE AUTHORIZED. IF THAT CONCEPT WAS ERRONEOUS, IT IS EVIDENT THAT COSTS NOW PROPOSED TO BE REGARDED AS INCREASED LIVING COSTS OF MEMBERS OVERSEAS WOULD HAVE BEEN PRESENT FROM THE BEGINNING AND THE FAMILY SEPARATION ALLOWANCE NOW PROPOSED COULD HAVE BEEN PAID WITH NO CHANGE IN THE LAW. IF THAT BE CORRECT, AND WE BELIEVE THAT IT IS, IT IS EQUALLY EVIDENT THAT THE MERE ADDITION OF THE WORDS "AND THEIR EPENDENTS" WAS INEFFECTIVE TO AUTHORIZE ANY INCREASE IN THE OVERSEAS COST OF LIVING PER DIEM ON ACCOUNT OF DEPENDENTS NOT AT THE OVERSEAS STATION, SINCE THE MEMBER WITH DEPENDENTS NECESSARILY WOULD BE REGARDED AS HAVING AT LEAST THE SINGLE ALLOWANCE PORTION OF HIS BASIC QUARTERS ALLOWANCE AVAILABLE TO HIM FOR SECURING QUARTERS AT HIS STATION. LOGICALLY, THE OVERSEAS STATION PER DIEM ALLOWANCE FOR QUARTERS NOW PRESCRIBED FOR MEMBERS WITHOUT DEPENDENTS, WHICH HAS BEEN AVAILABLE SINCE APRIL 1, 1951, THE EFFECTIVE DATE OF APPENDIX B, JOINT TRAVEL REGULATIONS, TO MEMBERS WHOSE DEPENDENTS DO NOT RESIDE AT OR IN THE VICINITY OF THEIR DUTY STATION LOCATED OUTSIDE CONTINENTAL UNITED STATES OR IN ALASKA, WAS COMPUTED ON THAT BASIS. HAVE CONSTRUED THE WORDS "AND THEIR DEPENDENTS" IN SECTION 303 (B) OF THE CAREER COMPENSATION ACT AS INTENDING ONLY THAT THE OVERSEAS STATION PER DIEM ALLOWANCE MAY BE PAID IN AN AMOUNT SUCH AS WOULD AFFORD MEMBERS RELIEF FROM THE HIGHER COST OF MAINTAINING THEIR DEPENDENTS, AS WELL AS THEMSELVES, AT AN OVERSEAS STATION, AND WE FIND NO LEGAL BASIS FOR NOW EXTENDING THAT CONSTRUCTION SO AS TO AUTHORIZE PAYMENT OF A STATION PER DIEM TO COVER COST DIRECTLY ATTRIBUTABLE TO THE COST OF MAINTAINING DEPENDENTS IN THE UNITED STATES.

WE CAN SEE SOME POINTS OF DIFFERENCE BETWEEN THE CASE OF A MEMBER WHO CHOOSES, FOR PERSONAL REASONS, NOT TO TAKE HIS DEPENDENTS TO HIS OVERSEAS STATION AND THE CASE OF A MEMBER WHO IS NOT PERMITTED TO TAKE THEM THERE. THE BASIC SITUATION WOULD APPEAR TO BE THE SAME IN EITHER CASE, HOWEVER; THAT IS, ANY INCREASED COST RESULTS PRIMARILY FROM MAINTAINING THE DEPENDENTS IN THE UNITED STATES, AND NOT AT THE OVERSEAS STATION, AND HENCE DOES NOT COME WITHIN THE STATUTORY PROVISION AUTHORIZING PER DIEM PAYMENTS TO COVER THE INCREASED COST OF MAINTAINING DEPENDENTS AT OVERSEAS STATIONS.

SINCE NEITHER PARAGRAPH 4304, JOINT TRAVEL REGULATIONS, NOR THE PROPOSED MODIFICATION OF THAT PARAGRAPH, MAY BE REGARDED AS VALID, WE FIND NO BASIS TO MODIFY THE DECISION OF JULY 17, 1956.