B-110532, OCTOBER 23, 1952, 32 COMP. GEN. 200

B-110532, OCTOBER 23, 1952, 32 COMP. GEN. 200

QUARTERS ALLOWANCE - NAVAL PERSONNEL ATTACHED TO AN AFLOAT ADMINISTRATIVE COMMAND - TEMPORARY ASSIGNMENT TO SHORE DUTY A MEMBER OF THE UNIFORMED SERVICES ATTACHED TO AN AFLOAT ADMINISTRATIVE COMMAND WHO IS NOT PERMANENTLY ASSIGNED TO A VESSEL IS ON "SEA DUTY" WITHIN THE CONTEMPLATION OF SUBSECTION 302 (C) OF THE CAREER COMPENSATION ACT OF 1949, ONLY WHEN ACTUALLY PERFORMING DUTY ON BOARD VESSELS FOR A PERIOD OF EIGHT OR MORE DAYS IN DURATION, SO THAT SUCH A MEMBER WHO DOES NOT HAVE DEPENDENTS AND WHO IS TEMPORARILY SERVING ASHORE AT A PLACE WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF DEFENSE OCTOBER 23, 1952:

REFERENCE IS MADE TO LETTER OF THE DEPUTY SECRETARY OF DEFENSE, DATED JUNE 30, 1952, REQUESTING DECISION AS TO WHETHER A MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS IS ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS WHILE ATTACHED TO AN AFLOAT ADMINISTRATIVE COMMAND, BUT SERVING ASHORE TEMPORARILY AT A PLACE WHERE GOVERNMENT QUARTERS ARE NOT AVAILABLE.

THERE WAS FORWARDED WITH THE ABOVE LETTER A COPY OF COMMITTEE ACTION NO. 31, MILITARY PAY AND ALLOWANCES COMMITTEE, DEPARTMENT OF DEFENSE. IT IS STATED IN THE SAID COMMITTEE ACTION THAT CERTAIN ADMINISTRATIVE COMMANDS IN THE NAVY ARE OFFICIALLY CLASSIFIED AS AFLOAT COMMANDS AND THAT WHILE THESE UNITS NORMALLY ARE ATTACHED TO AND SERVING ON BOARD A SHIP, FROM TIME TO TIME, AS DIRECTED BY ORDERS OF COMPETENT AUTHORITY, SOME OR ALL OF THE PERSONNEL ASSIGNED TO THESE UNITS ARE TEMPORARILY BASED ASHORE FOR THE PERFORMANCE OF ASSIGNED ADMINISTRATIVE FUNCTIONS. ALSO, IT IS POINTED OUT THAT ALTHOUGH MEMBERS OF THE UNIFORMED SERVICES PERMANENTLY ASSIGNED TO AFLOAT ADMINISTRATIVE COMMANDS PERFORM DUTY ABOARD VESSELS, THEY ARE NOT PERMANENTLY ASSIGNED TO ANY PARTICULAR VESSEL SINCE THE ADMINISTRATIVE UNIT MAY BE SHIFTED FROM ONE VESSEL (THE FLAGSHIP) TO ANOTHER VESSEL WITHOUT AFFECTING THE DUTY ASSIGNMENT OF THE MEMBERS ATTACHED TO SUCH UNITS. IT IS FURTHER STATED THAT WHILE THE STATUS OF AFLOAT ADMINISTRATIVE COMMANDS WITH RESPECT TO ENTITLEMENT TO SEA DUTY PAY UNDER EXECUTIVE ORDER NO. 10168, OCT. 11, 1950, APPEARS TO BE SIMILAR TO THE STATUS OF SHIP-BASED AVIATION UNITS, THE FORMER TYPE OF UNIT CLEARLY IS NOT INCLUDED IN THE PROVISIONS OF THE EXECUTIVE ORDER DEFINING SEA DUTY.

IT IS INDICATED THAT DOUBT AS TO THE RIGHT OF THE MEMBERS HERE CONCERNED TO BASIC ALLOWANCE FOR QUARTERS ARISES BY REASON OF SUBSECTION 302 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WHICH PROVIDES THAT: "NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO ANY MEMBER OF THE UNIFORMED SERVICES WITHOUT DEPENDENTS * * * WHILE ON SEA DUTY: PROVIDED, THAT * * * SEA DUTY FOR TEMPORARY PERIODS OF LESS THAN THREE MONTHS SHALL NOT BE CONSIDERED AS * * * SEA DUTY FOR PURPOSES OF THIS SUBSECTION.' DETERMINE WHETHER THE SAID SUBSECTION IS APPLICABLE, IT IS NECESSARY TO DETERMINE WHETHER MEMBERS OF THE UNIFORMED SERVICES ATTACHED TO AFLOAT ADMINISTRATIVE COMMANDS ARE ON "SEA DUTY" WITHIN THE CONTEMPLATION OF THAT SUBSECTION.

PURSUANT TO AUTHORITY EXPRESSLY CONFERRED ON HIM BY SECTION 302 (E) OF THE CAREER COMPENSATION ACT OF 1949, THE PRESIDENT, IN EXECUTIVE ORDER NO. 10204, JANUARY 15, 1951, DEFINED "SEA DUTY," WITHIN THE CONTEMPLATION OF SECTION 302 OF THE ACT, AS MEANING "SERVICE PERFORMED BY EITHER OFFICER OR ENLISTED MEMBERS UNDER CONDITIONS FOR WHICH "SEA DUTY" PAY IS PAYABLE TO ENLISTED MEMBERS IN ACCORDANCE WITH SECTION 206 OF THE SAID CAREER COMPENSATION ACT OF 1949, AND REGULATIONS ISSUED THEREUNDER.' EXECUTIVE ORDER NO. 10168, OCTOBER 11, 1950, THE PRESIDENT DEFINED "SEA DUTY," WITHIN THE CONTEMPLATION OF THE SAID SECTION 206, AS MEANING, IN PERTINENT PART, DUTY PERFORMED BY ENLISTED MEMBERS:

(A) WHILE PERMANENTLY ASSIGNED TO A VESSEL * * * * * * * *

(C) WHILE ON A VESSEL PURSUANT TO ORDERS ISSUED BY COMPETENT AUTHORITY ALTHOUGH BASED OR STATIONED ASHORE, BUT ONLY WHEN SUCH DUTY IS EIGHT DAYS OR MORE IN DURATION IN EACH CASE.

WHILE YOUR LETTER DOES NOT CONTAIN A CLEAR STATEMENT AS TO THE NATURE OF THE ASSIGNMENT OF PERSONNEL ASSIGNED TO AFLOAT ADMINISTRATIVE COMMANDS, IT APPEARS THAT SUCH PERSONNEL ARE NOT PERMANENTLY ASSIGNED TO A VESSEL. HENCE, THEIR ASSIGNMENTS ARE NOT WITHIN THE SCOPE OF SUBPARAGRAPH (A) OF THE ABOVE DEFINITION BUT ARE INCLUDED--- INSOFAR AS ACTUAL SERVICE ON BOARD VESSELS IS CONCERNED--- WITHIN THE GENERAL PROVISIONS OF SUBPARAGRAPH (C). COMPARE B-61042, JANUARY 27, 1948; B 76915, NOVEMBER 18, 1948. IN OTHER WORDS, ON THE BASIS OF THE INFORMATION FURNISHED THIS OFFICE, SUCH PERSONNEL ARE ON SEA DUTY ONLY WHEN ACTUALLY PERFORMING DUTY ON BOARD VESSELS FOR A PERIOD OF EIGHT DAYS OR MORE IN DURATION, IT BEING IMMATERIAL WHETHER THE UNIT IS BASED AFLOAT OR ASHORE. CONVERSELY, SUCH MEMBERS ARE NOT ON SEA DUTY WHEN SERVING ASHORE, AND, HENCE, SUBSECTION 302 (C) OF THE CAREER COMPENSATION ACT OF 1949 IS NOT APPLICABLE TO THEM DURING SUCH SHORE ASSIGNMENTS.

THE THREE SPECIFIC QUESTIONS LISTED IN THE COMMITTEE ACTION REPORT APPARENTLY ARE PREDICATED ON THE ASSUMPTION THAT THE PERSONNEL HERE CONCERNED MAY BE ON SEA DUTY FOR SOME PERIODS OF ACTUAL DUTY ASHORE. HOWEVER, IN VIEW OF THE CONCLUSION REACHED AS TO THE GENERAL QUESTION INVOLVED, NO ANSWER TO THE SPECIFIC QUESTIONS IS REQUIRED.