Skip to main content

B-154522, FEB 1, 1974, 53 COMP GEN 535

B-154522 Feb 01, 1974
Jump To:
Skip to Highlights

Highlights

ETC. - ADDITIONAL TO QUARTERS ALLOWANCE MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS ASSIGNED TO TWO CREW NUCLEAR-POWERED SUBMARINES WHO ARE RECEIVING BASIC ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHILE PERFORMING TEMPORARY ADDITIONAL DUTY FOR TRAINING AND REHABILITATION ASHORE AT OVERSEAS HOME PORT OF SUBMARINE IN EXCESS OF 15 DAYS ARE ENTITLED TO THE HOUSING AND COST-OF-LIVING ALLOWANCES AUTHORIZED UNDER 37 U.S.C. 405 AND PARAGRAPH M4301 OF THE JOINT TRAVEL REGULATIONS NOTWITHSTANDING THE FACT THE SUBMARINE IS THE PERMANENT STATION OF THE MEMBERS AND HOUSING AND COST-OF-LIVING ALLOWANCES ARE PAYABLE ONLY AT PERMANENT STATION. 1974: FURTHER REFERENCE IS MADE TO LETTER DATED APRIL 23.

View Decision

B-154522, FEB 1, 1974, 53 COMP GEN 535

STATION ALLOWANCES - MILITARY PERSONNEL - EXCESS LIVING COST OUTSIDE UNITED STATES, ETC. - ADDITIONAL TO QUARTERS ALLOWANCE MEMBERS OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS ASSIGNED TO TWO CREW NUCLEAR-POWERED SUBMARINES WHO ARE RECEIVING BASIC ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHILE PERFORMING TEMPORARY ADDITIONAL DUTY FOR TRAINING AND REHABILITATION ASHORE AT OVERSEAS HOME PORT OF SUBMARINE IN EXCESS OF 15 DAYS ARE ENTITLED TO THE HOUSING AND COST-OF-LIVING ALLOWANCES AUTHORIZED UNDER 37 U.S.C. 405 AND PARAGRAPH M4301 OF THE JOINT TRAVEL REGULATIONS NOTWITHSTANDING THE FACT THE SUBMARINE IS THE PERMANENT STATION OF THE MEMBERS AND HOUSING AND COST-OF-LIVING ALLOWANCES ARE PAYABLE ONLY AT PERMANENT STATION, SINCE CONGRESS DID NOT INTEND TO PRECLUDE PAYMENT OF SUCH ALLOWANCES TO MEMBERS ACTUALLY EXPERIENCING HIGHER COST FOR HOUSING AND COST OF LIVING.

TO THE SECRETARY OF THE NAVY, FEBRUARY 1, 1974:

FURTHER REFERENCE IS MADE TO LETTER DATED APRIL 23, 1973, FROM THE ASSISTANT SECRETARY OF THE NAVY (MANPOWER AND RESERVE AFFAIRS) IN WHICH A DECISION IS REQUESTED CONCERNING ENTITLEMENT TO HOUSING AND COST-OF LIVING ALLOWANCES TO CERTAIN MEMBERS ASSIGNED TO NUCLEAR SUBMARINES WHO ARE TEMPORARILY SERVING ASHORE OVERSEAS AT THE HOME PORT OF THE VESSEL FOR A PERIOD OF TRAINING AND REHABILITATION AND ARE RECEIVING BASIC ALLOWANCE FOR QUARTERS. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 73-16 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY POINTS OUT THAT IN 47 COMP. GEN. 527 (1968) IT WAS DETERMINED THAT MEMBERS WITHOUT DEPENDENTS WHO ARE ATTACHED TO TWO- CREW NUCLEAR-POWERED SUBMARINES ARE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS WHILE TEMPORARILY SERVING ASHORE AT THE HOME PORT OF THE SUBMARINE DURING PERIODS OF TRAINING AND REHABILITATION (TRAHAB) WHEN GOVERNMENT QUARTERS ARE NOT ASSIGNED TO THEM BECAUSE SUCH QUARTERS ARE NOT AVAILABLE OR ARE INADEQUATE UNDER CRITERIA ESTABLISHED BY THE NAVY. INDICATES THAT THIS DECISION WAS BASED, IN PART, ON THE FACT THAT THE MEMBERS IN QUESTION WERE NOT ENTITLED TO PER DIEM ALLOWANCES UNDER THE NAVY TRAVEL INSTRUCTIONS, PARAGRAPH 4059, ALTHOUGH THEY WERE IN A TRAVEL STATUS INCIDENT TO TEMPORARY ADDITIONAL DUTY ORDERS FOR TRAINING AND REHABILITATION.

IT IS NOTED BY THE ASSISTANT SECRETARY THAT HOUSING AND COST-OF LIVING ALLOWANCES ARE AUTHORIZED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS (JTR), FOR MEMBERS WHO ARE ON PERMANENT DUTY AT A LOCATION OUTSIDE THE CONTINENTAL UNITED STATES (INCLUDING HAWAII OR ALASKA) OR WHO ARE ON PERMANENT DUTY ON A SHIP WHICH HAS A HOME PORT OUTSIDE THE CONTINENTAL UNITED STATES.

IN HIS LETTER THE ASSISTANT SECRETARY STATES THAT PARAGRAPH M4301 3B(3) OF JTR PROVIDES THAT HOUSING ALLOWANCES ARE PAYABLE TO MEMBERS WITHOUT DEPENDENTS "FOR ANY DAY UPON WHICH GOVERNMENT QUARTERS ARE NOT ASSIGNED TO HIM AT HIS PERMANENT DUTY STATION." IT IS INDICATED THAT IN THE CASE OF A MEMBER WITHOUT DEPENDENTS WHO IS PERFORMING TRAHAB UNDER TEMPORARY ADDITIONAL DUTY ORDERS AT THE OVERSEAS HOME PORT OF HIS SUBMARINE, DOUBT AS TO ENTITLEMENT TO HOUSING ALLOWANCES EXISTS WHEN GOVERNMENT QUARTERS ARE NOT ASSIGNED TO HIM AT THE HOME PORT BECAUSE THEY ARE NOT AVAILABLE, OR, IF SO, ARE INADEQUATE. THE VIEW IS EXPRESSED THAT WHILE GOVERNMENT QUARTERS ARE NOT ASSIGNED TO HIM AT HIS PERMANENT STATION, GOVERNMENT QUARTERS ARE ASSIGNED TO THE ON-SHIP CREW OF THE SUBMARINE, AND SINCE A MEMBER ON TRAINING AND REHABILITATION DUTY IS NOT PERFORMING DUTY AT HIS PERMANENT DUTY STATION, ENTITLEMENT TO HOUSING ALLOWANCE APPEARS TO BE UNAUTHORIZED.

THE ASSISTANT SECRETARY INDICATES, HOWEVER, THAT THE SITUATION COULD BE VIEWED FROM THE STANDPOINT THAT SINCE ENTITLEMENT EXISTS TO A BASIC ALLOWANCE FOR QUARTERS, WHICH ALLOWANCE IS FOR THE PURPOSE OF REIMBURSING A MEMBER FOR THE COST OF QUARTERS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE, IT WOULD SEEM TO FOLLOW THAT ENTITLEMENT TO A HOUSING ALLOWANCE SHOULD EXIST SINCE SUCH ALLOWANCE IS DESIGNED TO REIMBURSE A MEMBER FOR EXCESSIVE HOUSING COSTS EXPERIENCED OVERSEAS INCIDENT TO THE PROCUREMENT OF PRIVATE QUARTERS. IT IS THEREFORE REQUESTED THAT WE DETERMINE WHETHER ENTITLEMENT TO THE HOUSING ALLOWANCE EXISTS. IF OUR ANSWER IS IN THE NEGATIVE, A DETERMINATION IS REQUESTED AS TO WHETHER IT COULD LEGALLY BE PROVIDED BY AN APPROPRIATE CHANGE TO THE JTR.

THE ASSISTANT SECRETARY ALSO POINTS OUT THAT PARAGRAPH M4301-3B (1) PROVIDES FOR THE PAYMENT OF COST-OF-LIVING ALLOWANCES FOR MEMBERS WITHOUT DEPENDENTS AT AN OVERSEAS DUTY STATION. HE LISTS THE VARIOUS CIRCUMSTANCES SET FORTH IN THE JOINT TRAVEL REGULATIONS UPON WHICH ENTITLEMENT TO THE COST-OF-LIVING ALLOWANCE EXISTS.

IT IS STATED BY THE ASSISTANT SECRETARY THAT AN OFFICER MEMBER IS ENTITLED TO A BASIC ALLOWANCE FOR SUBSISTENCE AT ALL TIMES AND THAT AN ENLISTED MEMBER IS ENTITLED TO THE BASIC ALLOWANCE FOR SUBSISTENCE WHEN A GOVERNMENT MESS IS NOT AVAILABLE TO HIM AT HIS PERMANENT STATION. EXPRESSED THE VIEW THAT SINCE THE PURPOSE OF THE COST-OF-LIVING ALLOWANCE IS TO REIMBURSE A MEMBER FOR THE EXCESS COST OF LIVING (EXCEPT HOUSING) AT AN OVERSEAS LOCATION, IT APPEARS THAT AN OFFICER MEMBER WITHOUT DEPENDENTS ON TRAINING AND REHABILITATION DUTY AT THE OVERSEAS HOME PORT OF HIS SUBMARINE SHOULD BE ENTITLED TO A COST-OF LIVING ALLOWANCE WHEN GOVERNMENT MESS IS NOT AVAILABLE OR UTILIZED. LIKEWISE, IT APPEARS THAT AN ENLISTED MEMBER SHOULD BE ENTITLED TO THE ALLOWANCE WHEN A GOVERNMENT MESS IS NOT AVAILABLE OR HE IS AUTHORIZED TO MESS SEPARATELY. IT IS STATED, HOWEVER, THAT DOUBT AS TO THE ENTITLEMENT EXISTS IN VIEW OF CONDITIONS SPECIFIED IN PARAGRAPH M4301 3B(1), ITEMS 1, 3, AND 4. IN VIEW OF THIS, A DETERMINATION IS REQUESTED CONCERNING ENTITLEMENT TO A COST-OF-LIVING ALLOWANCE AND, IF SUCH ENTITLEMENT DOES NOT EXIST, A DETERMINATION IS REQUESTED AS TO WHETHER THE JTR MAY BE AMENDED TO PROVIDE FOR SUCH ENTITLEMENT.

THE ASSISTANT SECRETARY CONCLUDES THAT SOME DISBURSING OFFICERS HAVE BEEN PAYING THESE ALLOWANCES UNDER THE CIRCUMSTANCES OUTLINED IN HIS LETTER. HE REQUESTS, THAT IN THE EVENT SUCH PAYMENTS ARE SUBSEQUENTLY DETERMINED TO BE IMPROPER, THE PAYMENTS NOT BE QUESTIONED IN VIEW OF THE COMPLEXITY OF THE ENTITLEMENTS AND MISUNDERSTANDING CONCERNING THE INTERPRETATION OF 47 COMP. GEN. 527 (1968).

THE STATUTORY AUTHORITY FOR THE PAYMENT OF A COST-OF-LIVING ALLOWANCE AND HOUSING ALLOWANCE IS 37 U.S.C. 405, WHICH PROVIDES THAT THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO MEMBERS OF THE UNIFORMED SERVICES UNDER THEIR JURISDICTION AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES, TO SUCH A MEMBER WHO IS ON DUTY OUTSIDE THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS. THE COST-OF-LIVING ALLOWANCE AND HOUSING ALLOWANCE MAY BE PRESCRIBED INDEPENDENTLY OF EACH OTHER.

REGULATIONS ISSUED PURSUANT TO 37 U.S.C. 405 ARE CONTAINED IN PART G OF THE JTR, PARAGRAPH M4301-1 OF WHICH PROVIDES THAT HOUSING AND COST OF- LIVING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF DEFRAYING THE AVERAGE EXCESS COSTS EXPERIENCED BY MEMBERS ON PERMANENT DUTY AT PLACES OUTSIDE THE UNITED STATES AND ARE IN ADDITION TO BASIC ALLOWANCES FOR QUARTERS AND SUBSISTENCE.

UNDER THE PROVISIONS OF PARAGRAPH M4301-3B(3), A HOUSING ALLOWANCE IS PAYABLE TO A MEMBER WITHOUT DEPENDENTS FOR ANY DAY UPON WHICH GOVERNMENT QUARTERS ARE NOT ASSIGNED TO HIM AT HIS PERMANENT DUTY STATION.

COST-OF-LIVING ALLOWANCES ARE PAYABLE TO A MEMBER UNDER THE PROVISIONS OF PARAGRAPH M4301-3B(1) ITEMS 1, 3, AND 4 FOR ANY DAY DURING WHICH A GOVERNMENT MESS IS NOT AVAILABLE TO HIM AT HIS PERMANENT STATION; FOR ANY DAY AN ACCOMPANIED ENLISTED MEMBER IS AUTHORIZED TO MESS SEPARATELY OR FOR ANY DAY AN UNACCOMPANIED ENLISTED MEMBER, FOR WHOM GOVERNMENT QUARTERS ARE NOT AVAILABLE, IS AUTHORIZED TO MESS SEPARATELY; AND, FOR ANY DAY DURING WHICH IT IS IMPRACTICABLE FOR AN OFFICER, WHO, BY ORDER OF COMPETENT AUTHORITY, IS AUTHORIZED TO OCCUPY HOUSING ON THE LOCAL ECONOMY, TO UTILIZE THE EXISTING GOVERNMENT MESS FOR ALL MEALS.

BASIC ALLOWANCE FOR QUARTERS AUTHORIZED UNDER THE PROVISIONS OF 37 U.S.C. 403 IS NOT PAYABLE TO A MEMBER WITHOUT DEPENDENTS WHO IS ASSIGNED GOVERNMENT QUARTERS OR IS ON SEA DUTY. THIS OFFICE HAS HELD AND THE REGULATIONS RECOGNIZE THAT WHEN A MEMBER IS ASSIGNED TO A SHIP, THE VESSEL ITSELF AND NOT ITS HOME YARD OR HOME PORT IS THE MEMBER'S PERMANENT DUTY STATION. THIS CONCEPT HAS BEEN APPLIED EQUALLY TO THE SITUATION OF TWO- CREW NUCLEAR-POWERED SUBMARINES SINCE THE SUBMARINE IS CONSIDERED TO BE THE PERMANENT DUTY STATION FOR BOTH CREWS. 45 COMP. GEN. 689 (1966).

HOWEVER, IN OUR DECISIONS 44 COMP. GEN. 105 (1964) AND 47 ID. 527 (1968), THE UNIQUE PROBLEM PRESENTED BY THE TWO-CREW OPERATIONAL PROCEDURES OF CERTAIN NUCLEAR-POWERED SUBMARINES RELATING TO ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS FOR THE OFF-BOARD CREW WHILE ASSIGNED TO TEMPORARY DUTY ASHORE AT THEIR HOME PORTS FOR MORE THAN 15 DAYS FOR PERIODS OF TRAINING AND REHABILITATION WAS CONSIDERED. IN THESE DECISIONS WE CONCLUDED THAT MEMBERS WITHOUT DEPENDENTS, ALTHOUGH TECHNICALLY HAVING QUARTERS ASSIGNED TO THEM ABOARD THE SUBMARINE, WOULD BE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS WHILE TEMPORARILY SERVING ASHORE AT THE HOME PORT OF THE SUBMARINE FOR PERIODS OF TRAINING AND REHABILITATION FOR MORE THAN 15 DAYS, IF ADEQUATE GOVERNMENT QUARTERS WERE NOT AVAILABLE OR ASSIGNED TO THEM AT THE HOME PORT.

THIS CONCLUSION WAS REACHED DUE TO THE FACT THAT WHILE SERVING ASHORE FOR THESE PERIODS IN EXCESS OF 15 DAYS, UNDER THE PERTINENT LAW AND REGULATIONS, THE MEMBER WAS NOT CONSIDERED TO BE IN A SEA DUTY STATUS AND THAT IN VIEW OF 37 U.S.C. 403 AND 10 U.S.C. 7572, IT APPEARED TO BE THE INTENT OF CONGRESS THAT MEMBERS OF THE UNIFORMED SERVICES SHALL EITHER BE FURNISHED QUARTERS WHICH THEY ARE ABLE TO OCCUPY OR BE PAID AN ALLOWANCE FOR QUARTERS.

SIMILARLY, IT WOULD APPEAR THAT WHEN CONGRESS ENACTED LEGISLATION PROVIDING AUTHORITY TO PRESCRIBE AN ALLOWANCE FOR THE PURPOSE OF DEFRAYING THE AVERAGE EXCESS COSTS EXPERIENCED BY MEMBERS ON DUTY AT PLACES OUTSIDE THE UNITED STATES, IT DID NOT INTEND TO PRECLUDE THE PAYMENT OF SUCH ALLOWANCES TO MEMBERS WHO ARE ACTUALLY EXPERIENCING HIGHER COSTS FOR HOUSING AND COST OF LIVING.

IT IS OUR UNDERSTANDING THAT QUARTERS ARE ALWAYS PROVIDED ON BOARD FOR MEMBERS ASSIGNED TO A VESSEL, WHICH IS THE MEMBER'S PERMANENT DUTY STATION. FOR OBVIOUS REASONS, HOWEVER, THE ON-SHIP CREW AND THE OFF SHIP CREW CANNOT OCCUPY ASSIGNED QUARTERS SIMULTANEOUSLY. THEREFORE, IN CONSONANCE WITH OUR INTERPRETATION OF THE LAW APPLICABLE TO BASIC ALLOWANCE FOR QUARTERS IN SUCH CASES, THE PHRASE "*** ASSIGNED TO HIM AT HIS PERMANENT DUTY STATION***" IN REFERENCE TO QUARTERS IN PARAGRAPH M4301 OF THE JTR, MAY BE CONSTRUED TO DENOTE QUARTERS WHICH ARE NOT ONLY ASSIGNED BUT ARE AVAILABLE FOR HIS USE AT HIS PERMANENT DUTY STATION FOR HOUSING ALLOWANCE PURPOSES.

ACCORDINGLY, PAYMENT OF HOUSING AND COST-OF-LIVING ALLOWANCES IS AUTHORIZED TO MEMBERS WITHOUT DEPENDENTS ASSIGNED TO TWO-CREW NUCLEAR SUBMARINES, WHILE THEY ARE TEMPORARILY ASHORE FOR MORE THAN 15 DAYS FOR PERIODS OF TRAINING AND REHABILITATION AT THE OVERSEAS HOME PORT, IF GOVERNMENT QUARTERS ARE NOT ASSIGNED OR AVAILABLE FOR THEIR USE AT SUCH HOME PORT, OR A GOVERNMENT MESS IS NOT AVAILABLE UNDER THE CONDITIONS SET FORTH IN PARAGRAPH M4301, JTR.

WHILE IT IS OUR VIEW THAT THE JTR NEED NOT BE AMENDED TO LEGALLY AUTHORIZE PAYMENT OF THE ALLOWANCES IN QUESTION, AN ADDITION TO PARAGRAPH M4304 MAY BE FOR CONSIDERATION WITH REGARD TO THE RATE OF ALLOWANCE TO BE APPLIED FOR THOSE ALLOWANCES AUTHORIZED.

FURTHERMORE, THE CONCLUSION REACHED HEREIN IS NOT TO BE REGARDED AS APPLYING TO OTHER ENTITLEMENTS AUTHORIZED IN THE JTR, BUT ONLY TO THE HOUSING AND COST-OF-LIVING ALLOWANCES IN THE CIRCUMSTANCES DESCRIBED IN THE ASSISTANT SECRETARY'S LETTER.

GAO Contacts

Office of Public Affairs