B-117710, JUN 11, 1954

B-117710, JUN 11, 1954

PRECIS-UNAVAILABLE

JANIS M. ADAMS:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 15, 1953, AND ENCLOSURES, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS IN YOUR OWN RIGHT AS A SECOND LIEUTENANT, AN 1 906 289, FOR THE PERIOD FROM JUNE 10, 1951, THROUGH AUGUST 18, 1951. THE CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED AUGUST 18, 1953, ON THE BASIS THAT WHILE A CERTIFICATE DATED APRIL 24, 1952, WHICH ACCOMPANIED YOUR CLAIM INDICATED THAT NO FAMILY-TYPE QUARTERS WERE AVAILABLE FOR THE PERIOD INVOLVED, YOU APPARENTLY HAD VOLUNTARILY VACATED AVAILABLE "SINGLE-TYPE" QUARTERS FOR PERSONAL REASONS AND, HENCE, IN VIEW OF THE PROVISIONS OF PARAGRAPH 5C(1), SR 35-1465-15/AFR 173-27, DATED MARCH 13, 1951, AND A POLICY STATEMENT ISSUED TO MEET THE REQUIREMENTS OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 802, AND THE DEPENDENTS ASSISTANCE ACT OF 1950, 64 STAT. 794, PERTINENT PARTS OF WHICH REGULATION AND STATEMENT WERE QUOTED THEREIN, THERE WAS NO AUTHORITY FOR PAYMENT TO YOU OF BASIC ALLOWANCE FOR QUARTERS IN YOUR OWN RIGHT.

IT APPEARS THAT BOTH YOU AND YOUR HUSBAND - AN OFFICER IN THE UNITED STATES AIR FORCE - WERE SERVING ON ACTIVE DUTY AT SEWART AIR FORCE BASE, TENNESSEE, WHEN YOU WERE MARRIED ON JUNE 10, 1951; THAT YOU CONTINUED ON SUCH ACTIVE DUTY THROUGH AUGUST 18, 1951, THE CONCLUDING DATE OF YOUR CLAIM; AND THAT DURING THE PERIOD INVOLVED YOU AND YOUR HUSBAND WERE NOT FURNISHED PUBLIC QUARTERS FOR MARRIED PERSONNEL, NOR DID YOU, PERSONALLY, RECEIVE A QUARTERS ALLOWANCE IN YOUR OWN RIGHT. WITH YOUR LETTER OF OCTOBER 15, 1953, THERE WAS SUBMITTED A CERTIFICATE BEARING THE SAME DATE, READING AS FOLLOWS:

"I CERTIFY THAT JANIS M. ADAMS, 1ST LT., USAF, AN 1 906 289, 314TH MEDICAL GROUP, THIS STATION, WHO IS MARRIED TO AN OFFICER ASSIGNED TO THIS STATION, WAS NOT ASSIGNED GOVERNMENT BARRACKS QUARTERS FOR THE PERIOD 10 JUNE 1951 THROUGH 18 AUGUST 1951, DUE TO THE FACT THAT THE BEST INTERESTS OF THE GOVERNMENT WERE SERVED BY PERMITTING THIS MEMBER TO RESIDE OFF THE BASE IN NON-GOVERNMENT QUARTERS."

THE RECORD SHOWS THAT YOU WERE NOT PAID BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS FOR THE PERIOD IMMEDIATELY PRECEDING YOUR MARRIAGE AND PRESUMABLY YOU OCCUPIED AVAILABLE GOVERNMENT QUARTERS PRIOR TO SUCH DATE. THE FOREGOING CERTIFICATE INDICATES THAT SUCH SPACE WAS AVAILABLE FOR ASSIGNMENT TO YOU DURING THE PERIOD INVOLVED BUT STATES THAT IT WAS IN "THE BEST INTERESTS OF THE GOVERNMENT" TO PERMIT YOU TO RESIDE OFF THE BASE IN NON-GOVERNMENT QUARTERS. IN ANY EVENT, THE CERTIFICATE DOES NOT STATE, NOR DOES THE RECORD BEFORE THIS OFFICE ESTABLISH, THAT SINGLE QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU DURING SUCH PERIOD.

IN A MEMORANDUM DATED MARCH 2, 1951, ADDRESSED TO THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE BY THE PERSONNEL POLICY BOARD OF THE DEPARTMENT OF DEFENSE, THERE WERE STATED IN DETAIL PROVISIONS GOVERNING PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR THE VARIOUS COMBINATIONS OF MARRIAGE AND DEPENDENCY, IN PART, AS FOLLOWS:

"1. MARRIAGES WHERE BOTH PARTIES CONCERNED ARE MEMBERS OF THE UNIFORMED SERVICES WITH NO OTHER DEPENDENTS AND ARE STATIONED AT THE SAME OR ADJACENT POSTS OR INSTALLATIONS:

B. MALE OFFICER - FEMALE OFFICER: ELIGIBILITY FOR ASSIGNMENT TO MARRIED QUARTERS, OR TO PAYMENT OF 'SINGLE' BASIC ALLOWANCE FOR QUARTERS IN LIEU THEREOF, RESTS WITH THE MALE MEMBER. FEMALE MEMBER HAS NO ENTITLEMENT: (1) TO MARRIED QUARTERS, NOR (2) TO 'SINGLE' QUARTERS ALLOWANCE UNLESS SINGLE QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT TO HER."

THE FOREGOING PROVISIONS WERE IN FORCE DURING THE PERIOD FROM MARCH 2, 1951, TO APRIL 16, 1954, WHEN THERE WAS ISSUED DEPARTMENT OF DEFENSE INSTRUCTION NO. 1338.1, WHICH RESCINDED THE DIRECTIVE OF MARCH 2, 1951, AND PROMULGATED PROVISIONS SIMILAR TO THOSE QUOTED ABOVE. SUCH PROVISIONS RESPECTING THE RIGHTS OF A FEMALE MARRIED OFFICER ARE IN ACCORD WITH DECISION OF FEBRUARY 20, 1953, 32 COMP. GEN. 368, IN WHICH IT WAS HELD THAT A MARRIED OFFICER OF THE WOMEN'S ARMY CORPS WHOSE HUSBAND WAS NOT HER "DEPENDENT" AS SUCH TERM IS DEFINED BY APPLICABLE STATUTORY PROVISIONS IS NOT ENTITLED AS A MATTER OF RIGHT TO BE ASSIGNED MARRIED OFFICERS QUARTERS NOR TO BE PAID BASIC ALLOWANCE FOR QUARTERS AS AN OFFICER WITHOUT DEPENDENTS WHEN ADEQUATE SINGLE QUARTERS WERE AVAILABLE AT HER STATION BUT WERE NOT OCCUPIED FOR PERSONAL REASONS. IN VIEW OF SUCH RULE AND THE ABOVE-QUOTED DIRECTIVE, AND SINCE THERE IS NO SHOWING THAT SINGLE-TYPE GOVERNMENT QUARTERS WERE NOT AVAILABLE FOR YOUR OCCUPANCY DURING THE PERIOD INVOLVED, NO LEGAL BASIS FOR ALLOWING YOUR CLAIM IS ESTABLISHED, NOTWITHSTANDING THAT YOUR COMMANDING OFFICER MAY HAVE CONSIDERED THAT AFTER YOUR MARRIAGE THE BEST INTERESTS OF THE GOVERNMENT WOULD BE SERVED BY PERMITTING YOU TO RESIDE OFF THE BASE IN NON-GOVERNMENT QUARTERS. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND IS SUSTAINED.