B-147453, JANUARY 10, 1962, 41 COMP. GEN. 453

B-147453, JANUARY 10, 1962, 41 COMP. GEN. 453

STATION ALLOWANCES - MILITARY PERSONNEL - TEMPORARY LODGINGS - CURRENT TRAVEL PER DIEM PAYMENT OF A TEMPORARY LODGING ALLOWANCE ON ACCOUNT OF DEPENDENTS TO A MEMBER OF THE UNIFORMED SERVICES WHO IS IN A TRAVEL STATUS ON THE DATE THE MEMBER AND HIS DEPENDENTS ARRIVE AT A PERMANENT OVERSEAS STATION DOES NOT VIOLATE PARAGRAPHS 4301-3A AND 4301-2B OF THE JOINT TRAVEL REGULATIONS WHICH REQUIRE COMMENCEMENT OF HOUSING ALLOWANCES ON THE DAY FOLLOWING THE DATE OF ARRIVAL WHEN THE MEMBER IS IN A TRAVEL STATUS ON THE DATE OF ARRIVAL SINCE THE PURPOSE OF THE LIMITATIONS WAS TO PREVENT A DUPLICATION OF PER DIEM AND TEMPORARY LODGING ALLOWANCES; THEREFORE, SO LONG AS THE PORTION OF THE TEMPORARY LODGING ALLOWANCE APPLICABLE TO THE MEMBER IS NOT PAID, PAYMENT ON ACCOUNT OF THE DEPENDENTS FOR THE DAY OF ARRIVAL IS PROPER PROVIDED THAT THE TEMPORARY LODGING ALLOWANCE IS SUBJECT TO PRORATION BETWEEN THE MEMBER AND HIS DEPENDENTS.

TO LIEUTENANT COLONEL H. M. THOMPSON, DEPARTMENT OF THE ARMY, JANUARY 10, 1962:

BY FOURTH ENDORSEMENT DATED OCTOBER 13, 1961, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE HAS FORWARDED YOUR LETTER DATED JULY 5, 1961, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF MAKING PAYMENT TO MAJOR WILLIAM R. DOSS, SR., O1 342 254, OF TEMPORARY LODGING ALLOWANCES FOR AUGUST 31, 1960, ON ACCOUNT OF HIS DEPENDENTS, IN THE CIRCUMSTANCES PRESENTED. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 61-13.

MAJOR DOSS AND HIS DEPENDENTS ARRIVED AT HIS PERMANENT DUTY STATION IN HAWAII AUGUST 31, 1960, AND HE WAS IN A TRAVEL STATUS ON THAT DATE. AND HIS DEPENDENTS OCCUPIED HOTEL ACCOMMODATIONS DURING THE PERIOD AUGUST 31 TO SEPTEMBER 11, 1960, AND HE HAS BEEN PAID TEMPORARY LODGING ALLOWANCE FOR THE PERIOD SEPTEMBER 1 TO 11, 1960.

THE PROVISIONS OF PART G, CHAPTER 4 OF THE JOINT TRAVEL REGULATIONS GOVERNING PAYMENT OF STATION ALLOWANCES TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE UNITED STATES, INCLUDING TEMPORARY LODGING ALLOWANCES AS AUTHORIZED IN PARAGRAPH 4303, WERE PROMULGATED UNDER THE AUTHORITY VESTED IN THE SECRETARIES OF THE UNIFORMED SERVICES BY SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 37 U.S.C. 253 (B), TO AUTHORIZE THE PAYMENT TO MEMBERS, WHETHER OR NOT IN A TRAVEL STATUS,"OF A PER DIEM CONSIDERING ALL ELEMENTS OF COST OF LIVING TO MEMBERS AND THEIR DEPENDENTS, INCLUDING THE COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES.' PARAGRAPH 4303 1 OF THE REGULATIONS PROVIDES THAT TEMPORARY LODGING ALLOWANCES ARE AUTHORIZED FOR THE PURPOSE OF PARTIALLY REIMBURSING A MEMBER FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS OR HOTEL-LIKE ACCOMMODATIONS AND PUBLIC RESTAURANTS UPON INITIAL ARRIVAL (REPORTING) AT A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND PENDING ASSIGNMENT OF QUARTERS OR ARRANGEMENTS FOR OTHER PERMANENT QUARTERS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE, AND IMMEDIATELY PRECEDING DEPARTURE FROM THE FOREIGN STATION ON PERMANENT CHANGE OF STATION AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS OR SURRENDER OF OTHER PERMANENT QUARTERS. PARAGRAPH 4303-2B, IN EFFECT AT THE TIME UNDER CONSIDERATION, PROVIDED THAT THE RULES GOVERNING THE DAYS OF COMMENCEMENT OF ALLOWANCES IN PARAGRAPH 4301 WERE ALSO APPLICABLE TO THE TEMPORARY LODGING ALLOWANCE. PARAGRAPH 4301-3A, EFFECTIVE AT THAT TIME, PROVIDED THAT WHEN A MEMBER, WITH OR WITHOUT DEPENDENTS, IS IN A TRAVEL STATUS ON THE DAY OF ARRIVAL AT HIS PERMANENT DUTY STATION, ENTITLEMENT TO HOUSING AND COST-OF-LIVING ALLOWANCES BEGINS ON THE DAY FOLLOWING THE DATE OF ARRIVAL. EFFECTIVE JULY 1, 1961, PARAGRAPH 4301 3A WAS AMENDED TO PROVIDE THAT ENTITLEMENT OF A MEMBER WITH DEPENDENTS TO HOUSING AND COST-OF-LIVING ALLOWANCES BEGINS ON THE DAY OF ARRIVAL OF THE MEMBER OR HIS DEPENDENTS AS PRESCRIBED IN THAT PARAGRAPH. PARAGRAPH 4303-2B PROVIDED, HOWEVER, THAT WHEN A MEMBER WITH DEPENDENTS IS ENTITLED TO TRAVEL PER DIEM OR MILEAGE ON THE DAY OF ARRIVAL, NO ENTITLEMENT FOR TEMPORARY LODGING ALLOWANCE FOR THE MEMBER HIMSELF EXISTS FOR THAT DAY, AND THAT THE NUMBER OF DEPENDENTS ACTUALLY OCCUPYING HOTEL ACCOMMODATIONS WILL DETERMINE THE RATE PAYABLE FOR TEMPORARY LODGING ALLOWANCES.

SINCE THE TRAVEL PER DIEM ALLOWANCE AND THE TEMPORARY LODGING ALLOWANCE ARE AUTHORIZED FOR THE SAME GENERAL PURPOSE OF PROVIDING PARTIAL REIMBURSEMENT FOR THE MORE THAN NORMAL EXPENSES INCURRED AT HOTELS AND PUBLIC RESTAURANTS, IT HAS BEEN CONSIDERED THAT CONCURRENT PAYMENT OF SUCH ALLOWANCES INVOLVED AN IMPROPER AND UNAUTHORIZED DUPLICATION OF PAYMENTS. B-139216, JUNE 19, 1959. THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS THAT ENTITLEMENT OF THE MEMBER IN A TRAVEL STATUS TO THE TEMPORARY LODGING ALLOWANCE BEGINS, IN THE CASE OF THE MEMBER IN A TRAVEL STATUS ON THE DATE OF ARRIVAL AT HIS PERMANENT DUTY STATION, ON THE DAY FOLLOWING THE DATE OF ARRIVAL, PRESUMABLY HAD AS THEIR PURPOSE ONLY THE PREVENTION OF SUCH DUPLICATION OF PAYMENTS. IT WAS RECOGNIZED IN 40 COMP. GEN. 271 THAT SINCE THE TEMPORARY LODGING ALLOWANCE PROVIDED BY PARAGRAPH 4303-3 IS PRORATED AMONG THE MEMBER AND HIS DEPENDENTS THE DEPENDENTS' PORTION WOULD NOT BE AFFECTED BY THE MEMBER'S PER DIEM STATUS AND THEREFORE MIGHT BE PAID TO HIM IN ADDITION TO HIS TRAVEL PER DIEM WITHOUT INVOLVING AN ALLOWANCE DUPLICATION. SIMILARLY, THERE WOULD APPEAR TO BE NO DUPLICATION OF ALLOWANCES, AND SO NO VIOLATION OF THE PURPOSE SOUGHT BY THE LIMITATIONS SET FORTH IN PARAGRAPHS 4301-3A AND 4303-2B PRIOR TO CHANGE 106 TO THE JOINT TRAVEL REGULATIONS, TO CONCLUDE THAT ALTHOUGH THE MEMBER WOULD NOT BE ENTITLED TO THAT PORTION OF THE TEMPORARY LODGING ALLOWANCE APPLICABLE TO HIMSELF ON THE DAY OF HIS ARRIVAL WITH DEPENDENTS AT A FOREIGN DUTY STATION BECAUSE OF HIS TRAVEL STATUS FOR TRAVEL PER DIEM PURPOSES, HE MAY RECEIVE THAT PORTION OF THE TEMPORARY LODGING ALLOWANCE PROVIDED FOR HIS DEPENDENTS FOR THAT DAY.

ACCORDINGLY, PAYMENT ON THE SUBMITTED VOUCHER RETURNED HEREWITH IS AUTHORIZED, AND NO OBJECTION WILL BE RAISED TO LIKE PAYMENTS IN SIMILAR SITUATIONS DURING PERIODS WHEN THE TEMPORARY LODGING ALLOWANCE PRESCRIBED BY THE JOINT TRAVEL REGULATIONS IS SUBJECT TO PRORATION AMONG THE MEMBER AND HIS DEPENDENTS. ALSO, OUTSTANDING NOTICES OF EXCEPTION WILL BE REVISED IN ACCORDANCE WITH THE FOREGOING.