B-103816, OCTOBER 11, 1951, 31 COMP. GEN. 141

B-103816, OCTOBER 11, 1951, 31 COMP. GEN. 141

QUARTERS ALLOWANCE - DEPENDENT PARENTS - ENLISTED PERSONNEL ORDERED TO ACTIVE DUTY TRAINING AN ENLISTED MEMBER OF THE UNIFORMED SERVICE ENTITLED TO INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT WHO IS ORDERED TO ACTIVE DUTY TRAINING FOR A PERIOD NOT IN EXCESS OF FOUR MONTHS AT A PLACE WHERE PUBLIC QUARTERS ARE NOT AVAILABLE FOR DEPENDENTS MAY BE CREDITED WITH SUCH ALLOWANCE IF THE PARENT IS SHOWN TO HAVE BEEN IN FACT DEPENDENT ON THE MEMBER FOR CHIEF SUPPORT AND TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT AT THE PLACE WHERE HE ACTUALLY MAINTAINED HIS PERMANENT RESIDENCE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE, OCTOBER 11, 1951:

REFERENCE IS MADE TO A LETTER DATED MAY 29, 1951, WITH ENCLOSURE, FROM YOUR PREDECESSOR REQUESTING A DECISION WITH REGARD TO THE ENTITLEMENT OF ENLISTED PERSONNEL IN GRADES E-4 (WITH OVER SEVEN YEARS' SERVICE), E-5, E- 6 AND E-7 ON TRAINING DUTY TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT WHILE ON SUCH TRAINING DUTY. IN THE SAID LETTER REFERENCE IS MADE TO SECTION 7 OF THE DEPENDENTS ASSISTANCE ACT OF 1950, APPROVED SEPTEMBER 8, 1950, 64 STAT. 796, AND IT IS STATED THAT DECISION OF THIS OFFICE DATED JANUARY 3, 1951, 30 COMP. GEN. 260, WOULD INDICATE THAT QUARTERS ALLOWANCE ON ACCOUNT OF A DEPENDENT PARENT IS PAYABLE IN CASES OF PERSONNEL ON TRAINING DUTY AS THE SERVICEMAN REASONABLY COULD NOT BE EXPECTED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND DEPENDENT PARENT AT ANY PLACE OTHER THAN THE PLACE WHERE HE MAKES HIS PERMANENT RESIDENCE WITH THE PARENT. HOWEVER, YOU EXPRESS DOUBT IN THE MATTER IN VIEW OF THE DEFINITION OF PERMANENT STATION AS CONTAINED IN EXECUTIVE ORDER 10204, DATED JANUARY 15, 1951.

SECTION 201 (E) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 807, PROVIDES:

(E) ALL MEMBERS OF THE UNIFORMED SERVICES WHEN ON THE ACTIVE LIST, WHEN ON ACTIVE DUTY, OR WHEN PARTICIPATING IN FULL-TIME TRAINING, TRAINING DUTY WITH PAY OR OTHER FULL-TIME DUTY (PROVIDED FOR OR AUTHORIZED IN THE NATIONAL DEFENSE ACT OF 1938, AS AMENDED, OR IN OTHER PROVISIONS OF LAW, INCLUDING PARTICIPATION IN EXERCISES OR PERFORMANCE OF THE DUTIES PROVIDED FOR BY SECTIONS 5, 81, 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED), AND IN ADDITION THERETO, ALL MEMBERS OF THE NATIONAL GUARD AND THE AIR NATIONAL GUARD WHEN THEY ARE ENTITLED BY LAW TO RECEIVE FROM THE FEDERAL GOVERNMENT THE SAME PAY AS THAT AUTHORIZED FOR MEMBERS OF THE REGULAR COMPONENTS OF THE UNIFORMED SERVICES OF CORRESPONDING GRADE OR RANK, SHALL BE ENTITLED TO RECEIVE THE BASIC PAY OF THE PAY GRADE TO WHICH ASSIGNED, OR IN WHICH DISTRIBUTED, PURSUANT TO SUBSECTION (B), (C), OR (D) OF THIS SECTION, IN ACCORDANCE WITH CUMULATIVE YEARS OF SERVICE * * *.

SECTION 302 (A) OF THE SAID ACT, 63 STAT. 812, PROVIDES THAT, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS ARE PROVIDED IN THE SECTION. ENLISTED PERSONNEL IN GRADES E-4 (SEVEN OR MORE YEARS' SERVICE), E-5, E-6 AND E-7 ARE AUTHORIZED TO RECEIVE A BASIC QUARTERS ALLOWANCE OF $67.50 PER MONTH WITH DEPENDENTS AND $45 PER MONTH WITHOUT DEPENDENTS (SEE SECTION 302 (F) (, 63 STAT. 813. SUBSECTION (E), 63 STAT. 813, AUTHORIZES THE PRESIDENT TO PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THE SECTION.

SECTION 102 (G) OF THE SAID CAREER COMPENSATION ACT OF 1949, 63 STAT. 804, PROVIDES THAT THE TERM "DEPENDENT" SHALL INCLUDE, INTER ALIA,"THE FATHER OR MOTHER OF SUCH MEMBER, PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER.' IN DECISION OF DECEMBER 19, 1949, 29 COMP. GEN. 280, IT WAS CONCLUDED THAT THE OBJECT OF SUCH PROVISION IS TO PROVIDE A MEMBER WITH AN ALLOWANCE ONLY WHERE IT IS NECESSARY TO OBTAIN QUARTERS FOR HIMSELF AND HIS DEPENDENT PARENT AT, OR CONVENIENT TO, HIS PERMANENT STATION IN CASES WHERE THE GOVERNMENT IS UNABLE TO FURNISH HIM WITH FAMILY QUARTERS AT SUCH STATION.

THE DEPENDENTS ASSISTANCE ACT OF 1950, APPROVED SEPTEMBER 8, 1950, ENACTED PRIMARILY FOR THE PURPOSE OF PROVIDING ADDITIONAL ALLOWANCES TO ENLISTED MEMBERS OF THE ARMED SERVICES WITH DEPENDENTS, SUSPENDED, EFFECTIVE AUGUST 1, 1950, THE PROVISION OF SECTION 102 (G) SUPRA, THAT THE PARENT "ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER," BUT SECTION 7 OF THE SAID 1950 ACT PROVIDES THAT THE PROVISIONS OF THE ACT SHALL NOT APPLY, INTER ALIA, TO ENLISTED MEMBERS ON TRAINING DUTY AND THAT SUCH PERSONNEL SHALL CONTINUE TO BE ENTITLED TO THE APPROPRIATE ALLOWANCES PRESCRIBED BY THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THE SAID ACT OF SEPTEMBER 8, 1950.

EXECUTIVE ORDER 10204, DATED JANUARY 15, 1951, EFFECTIVE FEBRUARY 1, 1951, ISSUED FOR THE PURPOSE OF PRESCRIBING REGULATIONS GOVERNING THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS, DEFINES THE TERM "PERMANENT STATION" IN LANGUAGE SIMILAR TO THAT USED IN PRIOR DEFINITIONS, BUT ADDS A NEW PROVISION READING AS FOLLOWS:

* * * PROVIDED, THAT IN THE CASE OF MEMBERS OF THE NATIONAL GUARD, THE AIR NATIONAL GUARD OR RESERVE COMPONENTS OF ANY OF THE UNIFORMED SERVICES ON ACTIVE DUTY FOR TRAINING, THE PLACE WHERE THE TRAINING DUTY IS BEING PERFORMED SHALL BE DEEMED TO BE THE PERMANENT STATION OF SUCH MEMBERS FOR THE PURPOSES OF THESE REGULATIONS.

IN THE DECISION OF JANUARY 3, 1951, 30 COMP. GEN. 260, IT WAS POINTED OUT THAT THE DECISION OF DECEMBER 19, 1949, 29 COMP. GEN. 280, TO THE EFFECT THAT THE HOUSEHOLD OF A MEMBER WHO IS CREDITED WITH INCREASED ALLOWANCES ON ACCOUNT OF A DEPENDENT PARENT MUST BE LOCATED "AT, OR CONVENIENT TO, HIS PERMANENT STATION," WAS RENDERED WITH RESPECT TO PERSONNEL ON THE ACTIVE LISTS OR ON EXTENDED ACTIVE DUTY, AND IT WAS STATED THAT A MEMBER WHO IS ORDERED FROM HIS HOME TO ACTIVE DUTY TRAINING AT A SERVICE SCHOOL FOR A PERIOD NOT TO EXCEED FOUR MONTHS' DURATION, OBVIOUSLY HAS NO PERMANENT MILITARY DUTY STATION AT WHICH TO MAINTAIN A HOUSEHOLD WHILE ON SUCH DUTY AND COULD NOT REASONABLY BE EXPECTED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND DEPENDENT PARENT AT ANY PLACE OTHER THAN THE PLACE WHERE HE MAKES HIS PERMANENT RESIDENCE AND NORMALLY AND USUALLY RESIDES WITH HIS PARENT. HENCE, IT WAS CONCLUDED THAT IN SUCH CASES WHERE A MEMBER IS ORDERED TO TRAINING DUTY AT A SERVICE SCHOOL WHERE PUBLIC QUARTERS ARE NOT AVAILABLE FOR DEPENDENTS, HE MAY BE CREDITED WITH INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT IF THE PARENT IS SHOWN TO HAVE OTHERWISE MET THE DEPENDENCY REQUIREMENTS AND TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT WHERE HE MAINTAINS HIS PERMANENT RESIDENCE OR HOUSEHOLD. WHILE EXECUTIVE ORDER 10204 NOW PROVIDES THAT THE PLACE WHERE TRAINING DUTY IS BEING PERFORMED BY MEMBERS OF THE NATIONAL GUARD OR RESERVE COMPONENTS OF THE UNIFORMED SERVICES ON ACTIVE DUTY TRAINING, SHALL BE DEEMED TO BE THE PERMANENT STATION OF SUCH MEMBERS FOR BASIC QUARTERS ALLOWANCE PURPOSES, IN VIEW OF THE SHORT DURATION OF SUCH DUTY IT IS, IN FACT, DUTY OF A TEMPORARY NATURE DURING WHICH THE MEMBER ORDINARILY MUST CONTINUE TO MAINTAIN HIS PERMANENT RESIDENCE AT THE PLACE WHERE HE NORMALLY RESIDES WITH HIS DEPENDENT PARENT. 4 COMP. GEN. 571. AS STATED IN 30 COMP. GEN. 260, THE MEMBER REASONABLY COULD NOT BE EXPECTED TO MAINTAIN A HOUSEHOLD FOR HIMSELF AND DEPENDENT PARENT AT ANY OTHER PLACE DURING SUCH PERIOD OF TRAINING DUTY.

ACCORDINGLY, THE DEFINITION OF "PERMANENT STATION," AS SET FORTH IN EXECUTIVE ORDER 10204, NEED NOT BE VIEWED AS CHANGING THE CONCLUSION REACHED IN 30 COMP. GEN. 260, TO THE EFFECT THAT IN CASES INVOLVING SHORT PERIODS OF ACTIVE DUTY TRAINING, NOT IN EXCESS OF FOUR MONTHS, AT PLACES WHERE PUBLIC QUARTERS ARE NOT AVAILABLE FOR DEPENDENTS, MEMBERS OTHERWISE ENTITLED TO INCREASED BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT MAY BE CREDITED WITH SUCH ALLOWANCE IF THE PARENT IS SHOWN TO HAVE BEEN IN FACT DEPENDENT ON THE MEMBER FOR CHIEF SUPPORT AND TO HAVE RESIDED IN THE MEMBER'S HOUSE OR APARTMENT AT THE PLACE WHERE HE ACTUALLY MAINTAINED HIS PERMANENT RESIDENCE.