B-113152, DEC 28, 1953

B-113152, DEC 28, 1953

PRECIS-UNAVAILABLE

MAJOR F. M. MALONE, USAF:

BY LETTER DATED MAY 1, 1953, THE DIRECTOR OF FINANCE, DEPARTMENT OF THE AIR FORCE, REFERRED TO THIS OFFICE YOUR LETTERS OF OCTOBER 7, 1952, AND MARCH 17, 1953, REQUESTING AN ADVANCE DECISION RELATIVE TO THE RIGHT OF MAJOR JAY N. THOMAS, AO 502544, USAF, TO BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH A DEPENDENT MOTHER, FROM SEPTEMBER 6, 1952, UNDER THE CIRCUMSTANCES SET FORTH IN YOUR SAID LETTERS AND IN THE ENCLOSURES THEREWITH.

IT APPEARS FROM YOUR SUBMISSION THAT MAJOR THOMAS HAD BEEN RECEIVING BASIC ALLOWANCE FOR QUARTERS ON BEHALF OF HIS DEPENDENT MOTHER FROM SEPTEMBER 13, 1950, AND THAT HE CONTINUED TO RECEIVE SUCH ALLOWANCE THROUGH SEPTEMBER 5, 1952; THAT ON SEPTEMBER 6, 1952, MAJOR THOMAS WAS MARRIED TO GLADYS I. MOEHLE, A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY; THAT INCIDENT TO HER CONTRACT OF EMPLOYMENT MRS. THOMAS OCCUPIES GOVERNMENT QUARTERS WITHOUT CHARGE AT MUNICH, GERMANY, HER PLACE OF EMPLOYMENT; AND THAT SINCE HIS MARRIAGE MAJOR THOMAS HAS CONTINUED TO OCCUPY THE BACHELOR OFFICER'S QUARTERS ASSIGNED TO HIM AT ERDING AIR DEPOT, GERMANY. IT FURTHER APPEARS THAT "FAMILY-TYPE" QUARTERS HAVE NOT ACTUALLY BEEN ASSIGNED TO MAJOR THOMAS FOR USE BY HIM AND HIS WIFE AND THAT HIS ASSIGNMENT TO BEACHELOR OFFICER'S QUARTERS HAS NOT BEEN TERMINATED.

SECTION 302(B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PROVIDES:

"(B) EXCEPT AS OTHERWISE PROVIDED BY LAW, NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES, APPROPRIATE TO THEIR RANK, GRADE, OR RATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS."

SUCH SECTION PROVIDES, IN EFFECT, THAT A MEMBER OF THE SERVICE IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR ANY DEPENDENT WHEN ASSIGNED ADEQUATE GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENTS. SO LONG AS MAJOR THOMAS HAS A DEPENDENT MOTHER, HOWEVER, HE NEED NOT BE CONSIDERED AS HAVING BEEN ASSIGNED ADEQUATE QUARTERS FOR HIMSELF AND DEPENDENTS SOLELY BECAUSE OF HIS OCCUPANCY OF SIMILAR QUARTERS AT MUNICH, IN CONNECTION WITH HER GOVERNMENT EMPLOYMENT. ACCORDINGLY, YOU ARE AUTHORIZED TO CREDIT MAJOR THOMAS WITH BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITH DEPENDENTS (MOTHER) BEGINNING SEPTEMBER 6, 1952, PROVIDED HIS CLAIM FOR SUCH ALLOWANCE IS PROPER IN OTHER RESPECTS. THE ENCLOSURE RECEIVED WITH YOUR LETTER OF MARCH 17, 1953, IS RETURNED HEREWITH.