B-139732, JUL. 10, 1959

B-139732, JUL. 10, 1959

TO ENSIGN P. A. HARDACRE, S.C.:

BY SECOND ENDORSEMENT DATED MAY 25, 1959, THE COMPTROLLER OF THE NAVY FORWARDED YOUR LETTER OF MARCH 31, 1958, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO CREDIT THE PAY ACCOUNT OF EUGENE C. PERCIVAL, USN, AEC, 575 28 93, WITH TEMPORARY LODGING ALLOWANCE FOR THE PERIOD FEBRUARY 15 TO MAY 5, 1958, IN THE CIRCUMSTANCES SHOWN. THE SUBMISSION OF YOUR REQUEST WAS ASSIGNED PDTATAC CONTROL NUMBER 59-25.

THE RECORD INDICATES THAT ON NOVEMBER 22, 1957, PERCIVAL DEPARTED FROM THE UNITED STATES NAVAL AIR STATION, JACKSONVILLE, FLORIDA, ON PERMANENT CHANGE OF STATION UNDER STANDARD TRANSFER ORDER NO. SC-280 57, DIRECTING TEMPORARY DUTY UNDER INSTRUCTION EN ROUTE AT BURBANK, CALIFORNIA. CONCURRENT TRAVEL OF DEPENDENTS WAS AUTHORIZED TO HIS NEW DUTY STATION (ABN BARRIER SERVICE SQUADRON TWO) AT BARBERS POINT, TERRITORY OF HAWAII. ON FEBRUARY 14, 1958, HE AND HIS DEPENDENTS ARRIVED AT THE RECEIVING STATION, PEARL HARBOR, TERRITORY OF HAWAII, AFTER COMPLETION OF HIS TRAINING AT BURBANK. HIS ORDERS WERE MODIFIED ON THAT DATE TO PROVIDE THAT HIS NEW PERMANENT DUTY ASSIGNMENT WOULD BE ABN BARRIER SERVICE SQUADRON TWO AT MIDWAY ISLAND. DUE TO THE CURRENT WAITING PERIOD FOR HOUSING AT MIDWAY ISLAND, HIS DEPENDENTS WERE NOT AUTHORIZED CONCURRENT TRAVEL TO THAT POINT. IT IS REPORTED THAT HE OBTAINED HOTEL ACCOMMODATIONS FOR HIMSELF, HIS WIFE AND FIVE CHILDREN ON FEBRUARY 14, 1958, AT THE ISLANDER HOTEL, HONOLULU, TERRITORY OF HAWAII, WHICH HE OCCUPIED WITH HIS DEPENDENTS UNTIL HE PROCEEDED TO MIDWAY ISLAND ON FEBRUARY 24, 1958. THE DEPENDENTS CONTINUED TO OCCUPY THEIR HOTEL QUARTERS UNTIL GOVERNMENT QUARTERS WERE AVAILABLE AT MIDWAY ISLAND ON MAY 5, 1958. CERTIFICATES SIGNED BY COMMANDER, R. N. SMITH, USN, COMMANDING OFFICER, ATTEST THAT NO GOVERNMENT QUARTERS WERE AVAILABLE FOR THE PERIOD FEBRUARY 14 TO MAY 5, 1958, AND THAT WHILE A GOVERNMENT MESS WAS AVAILABLE TO THE MEMBER THROUGHOUT THE PERIOD, IT WAS NOT AVAILABLE TO HIS DEPENDENTS. A MILITARY PAY ORDER SIGNED BY THE SAME OFFICER AUTHORIZED THE DISBURSING OFFICER TO ENTER CREDIT FOR TEMPORARY LODGING ALLOWANCE ON PERCIVAL'S PAY ACCOUNT FOR THE ENTIRE PERIOD AT THE RATE FOR THE AREA INDICATED AND THE NUMBER OF PERSONS LISTED IN THE MEMBER'S CERTIFICATE CLAIMING TEMPORARY LODGING ALLOWANCE.

THE PAYMENT OF STATION ALLOWANCES, INCLUDING TEMPORARY LODGING ALLOWANCE IS AUTHORIZED BY SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, IN ACCORDANCE WITH APPROPRIATE REGULATIONS. PARAGRAPH 4305 -5 OF THE JOINT TRAVEL REGULATIONS APPEARS TO CONTEMPLATE PAYMENT OF STATION ALLOWANCES, AS PRESCRIBED IN PARAGRAPHS 4301 AND 4303 OF SUCH REGULATIONS, TO A MEMBER ON DUTY AT AN OVERSEAS STATION, IF HIS DEPENDENTS ARE DIVERTED TO ANOTHER PLACE WHILE EN ROUTE TO THAT STATION BECAUSE THE DESTINATION HAS BECOME A RESTRICTED AREA, AT THE RATE APPLICABLE FOR THE PLACE TO WHICH DIVERTED.

IT APPEARS THAT PERCIVAL'S NEW STATION WAS CHANGED FROM BARBERS POINT, TERRITORY OF HAWAII, TO MIDWAY ISLAND BY THE ENDORSEMENT TO HIS ORDERS AT THE TIME OF HIS ARRIVAL AT THE RECEIVING STATIONS, PEARL HARBOR, AND PRIOR TO HIS ARRIVAL AT BARBERS POINT. IT ALSO APPEARS THAT MIDWAY ISLAND WAS A "RESTRICTED AREA" WITHIN THE CONTEMPLATION OF THE CITED REGULATIONS, SINCE CONCURRENT TRAVEL OF DEPENDENTS TO MIDWAY ISLAND WAS NOT AUTHORIZED. PARAGRAPH 4300-5 OF THE JOINT TRAVEL REGULATIONS, CHANGE 60, THEN IN EFFECT, PROVIDED AS FOLLOWS:

"5. RESTRICTED AREA. A RESTRICTED AREA, AS USED IN THIS PART, IS DEFINED AS ANY AREA INTO WHICH THE ENTRY OF DEPENDENTS HAS BEEN PROHIBITED, TEMPORARILY OR PERMANENTLY, BY ORDER OF COMPETENT AUTHORITY.'

SINCE PERCIVAL AND HIS DEPENDENTS WERE STILL EN ROUTE TO HIS NEW STATION AT BARBERS POINT AT THE TIME THAT STATION WAS CHANGED TO MIDWAY ISLAND, IT APPEARS PROPER TO REGARD THEM AS BEING IN A TRAVEL STATUS EN ROUTE TO THE LATTER PLACE AFTER THAT CHANGE WAS MADE. SINCE TRAVEL TO THAT PLACE WAS BARRED AT THAT TIME, HIS DEPENDENT'S STAY AT HONOLULU MAY BE CONSIDERED AS A DIVERSION INCIDENT TO THAT MOVEMENT. WHILE IT APPEARS THAT A MEMBER ACTUALLY MUST REPORT FOR DUTY AT A PERMANENT DUTY STATION OVERSEAS BEFORE BECOMING ENTITLED TO TEMPORARY LODGING ALLOWANCES (SEE 38 COMP. GEN. 583), THIS REQUIREMENT WAS MET WHEN PERCIVAL PROCEEDED TO MIDWAY ISLAND ON FEBRUARY 24, 1958. HE REMAINED THERE UNTIL JOINED BY HIS DEPENDENTS.

ALTHOUGH PARAGRAPH 4305-5 INDICATES THAT THE TEMPORARY LODGING ALLOWANCE IS PAYABLE FROM THE DAY OF ARRIVAL AT THE PLACE TO WHICH DIVERTED, TO THE DAY PRIOR TO DEPARTURE THEREFROM, THE ALLOWANCES PAYABLE ARE THOSE PRESCRIBED IN PARAGRAPHS 4301 AND 4303. SUBPARAGRAPH 2B OF THE LATTER LIMITS THE PAYMENT OF TEMPORARY LODGING ALLOWANCES TO A PERIOD OF 60 DAYS.

ACCORDINGLY, PAYMENT OF THE ALLOWANCE CLAIMED IS AUTHORIZED UNDER THE MILITARY PAY ORDER, RETURNED HEREWITH, FOR NO MORE THAN 60 DAYS OF THE PERIOD FEBRUARY 24 THROUGH MAY 5, 1958, IF OTHERWISE CORRECT.