B-121553, JANUARY 6, 1955, 34 COMP. GEN. 326

B-121553, JANUARY 6, 1955, 34 COMP. GEN. 326

QUARTERS ALLOWANCE - OCCUPANCY OF FREE GOVERNMENT QUARTERS BY RESERVE OFFICERS ON ACTIVE TRAINING DUTY THE PLACE WHERE RESERVE OFFICERS PERFORM ACTIVE TRAINING DUTY IS THEIR PERMANENT STATION FOR QUARTERS ALLOWANCE PURPOSES UNDER REGULATIONS ISSUED PURSUANT TO SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949 AND, THEREFORE, RESERVE OFFICERS WITHOUT DEPENDENTS WHO OCCUPY FREE GOVERNMENT QUARTERS DURING ACTIVE DUTY TRAINING PERIODS ARE NOT ENTITLED TO QUARTERS ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO CLAUDE E. HAWLEY, JANUARY 6, 1955:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 2, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MAY 22, 1953, DISALLOWING YOUR CLAIM IN THE AMOUNT OF $51.30 FOR BASIC ALLOWANCE FOR QUARTERS (WITHOUT DEPENDENTS) FOR THE PERIOD FROM AUGUST 3 TO 17, 1952, DURING WHICH YOU WERE ON ACTIVE DUTY TRAINING AS LIEUTENANT COLONEL, UNITED STATES ARMY RESERVE. THAT SETTLEMENT ALSO ADVISED YOU OF A CHARGE RAISED AGAINST YOU IN THE AMOUNT OF $45 COVERING BASIC ALLOWANCE FOR QUARTERS (WITHOUT DEPENDENTS) FOR THE PERIOD FROM AUGUST 19, 1951, TO SEPTEMBER 2, 1951, ERRONEOUSLY ALLOWED YOU BY SETTLEMENT NO. 2049595, DATED JULY 16, 1952.

IT APPEARS THAT DURING EACH OF THE TWO PERIODS MENTIONED YOU WERE, PURSUANT TO PROPER ORDERS, ON ACTIVE DUTY FOR TRAINING AND ENTITLED TO BASIC PAY AS A RESERVE OFFICER AT FORT GEORGE G. MEADE, MARYLAND WHERE YOU RESIDED IN BACHELOR OFFICERS' QUARTERS PROVIDED WITHOUT CHARGE BY THE GOVERNMENT.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, ET SEQ., SO FAR AS HERE MATERIAL, PROVIDES:

SEC. 302. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION OR BY ANY OTHER PROVISION OF LAW, MEMBERS OF THE UNIFORMED SERVICES ENTITLED TO RECEIVE BASIC PAY SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS * * * UNDER SUCH CIRCUMSTANCES AS ARE PROVIDED IN THIS SECTION: *

(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, ORRATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS.

(E) THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION * * *.

PURSUANT TO SECTION 302 (E), THE PRESIDENT ISSUED EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, (EFFECTIVE FEBRUARY 1, 1951), PERTINENT PARTS OF WHICH PROVIDE AS FOLLOWS:

1. DEFINITIONS. * * *

(D) THE TERM "PERMANENT STATION" SHALL MEAN THE PLACE ON SHORE WHERE A MEMBER IS ASSIGNED TO DUTY, * * * UNDER ORDERS * * * WHICH DO NOT IN TERMS PROVIDE FOR THE TERMINATION THEREOF; AND ANY STATION ON SHORE * * * WHERE A MEMBER IS ASSIGNED AND IN FACT OCCUPIES, WITH HIS DEPENDENTS, IF ANY, QUARTERS UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES SHALL ALSO BE DEEMED DURING SUCH OCCUPANCY TO HIS PERMANENT STATION: 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.

3. ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES * * * (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS * * * SHALL BE DEEMED TO HAVE BEEN ASSIGNED TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

PARAGRAPH 6C, AR 35-1705, DATED JUNE 4, 1951, AS CHANGED BY CHANGES NO. 1, DATED JULY 31, 1951, IN FORCE DURING THE PERIOD FROM AUGUST 19, 1951, TO SEPTEMBER 2, 1951, PROVIDED:

ON ACTIVE DUTY FOR TRAINING.--- THE PLACE WHERE TRAINING DUTY IS BEING PERFORMED BY MEMBERS OF THE ORGANIZED RESERVE CORPS ON ACTIVE DUTY FOR TRAINING SHALL BE DEEMED TO BE THE PERMANENT STATION OF SUCH MEMBERS FOR THE PURPOSE OF ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS.

(1) DETERMINATIONS OF DEPENDENCY AND ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS FOR OFFICERS AND ENLISTED MEMBERS WILL BE EFFECTED IN THE SAME MANNER AS FOR THOSE OF REGULAR ARMY MEMBERS * * *.

CHANGES 3, DATED JANUARY 8, 1952, IN FORCE DURING THE PERIOD OF YOUR SECOND CLAIM, MODIFIED PARAGRAPH 6C, AR 35-1705, TO READ, IN PERTINENT PART, AS FOLLOWS:

THE PLACE WHERE TRAINING DUTY IS BEING PERFORMED BY MEMBERS OF THE ORGANIZED RESERVE CORPS ON ACTIVE DUTY FOR TRAINING SHALL BE DEEMED TO BE THE PERMANENT STATION OF SUCH MEMBERS. HOWEVER, FOR THE PURPOSE OF ENTITLEMENT TO BASIC ALLOWANCE FOR QUARTERS FOR MEMBERS WITH DEPENDENTS, THE DEFINITION OF "PERMANENT STATION" MEANS THE "HOME STATION.' * * * SEE MS. COMP. GEN., B-103816, 11 OCTOBER 1951.

AS TO REGULAR ARMY MEMBERS, PARAGRAPH B, SR 35-1465-10, DATED MARCH 13, 1951--- IN FORCE DURING BOTH PERIODS OF YOUR ACTIVE DUTY TRAINING-- PROVIDES:

UNLESS SPECIFICALLY AUTHORIZED BY LAW, NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO A MEMBER WITHOUT DEPENDENTS ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES, APPROPRIATE AND ADEQUATE TO HIS RANK, GRADE, OR RATING. ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES AT HIS PERMANENT STATION BY A MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES. ANY GOVERNMENT QUARTERS OCCUPIED WILL BE DEEMED TO HAVE BEEN ASSIGNED.

IN VIEW OF THESE PROVISIONS OF THE LAW, EXECUTIVE ORDER, AND REGULATIONS- -- THE DUTY PERFORMED BY YOU BEING ACTIVE DUTY FOR TRAINING -- THE PLACE WHERE YOUR TRAINING DUTY WAS PERFORMED MUST BE CONSIDERED YOUR "PERMANENT STATION" FOR QUARTERS ALLOWANCE PURPOSES AND, SINCE YOU WERE WITHOUT DEPENDENTS AND ACTUALLY OCCUPIED GOVERNMENT QUARTERS DURING THE TWO PERIODS INVOLVED, YOU WERE NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS FOR THOSE PERIODS.

IT FOLLOWS THAT THE SETTLEMENT OF JULY 16, 1952, ERRONEOUSLY ALLOWED YOU THE SUM OF $45 FOR THE PERIOD FROM AUGUST 19, 1951, TO SEPTEMBER 2, 1951, AND THE ACTION TAKEN IN THE SETTLEMENT OF MAY 22, 1953, DISALLOWING YOUR CLAIM FOR THE PERIOD FROM AUGUST 3 TO 17, 1952, AND DEMANDING REFUND OF THE PRIOR ERRONEOUS PAYMENT WAS CORRECT.