B-149087, JUN. 25, 1962

B-149087, JUN. 25, 1962

TO DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

BY FOURTH INDORSEMENT DATED JUNE 1, 1962, OF THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, THERE WAS FORWARDED YOUR LETTER DATED MARCH 2, 1962, YOUR FILE B21:BDL:JDK, 7220.6, ER: 37-62, REQUESTING DECISION AS TO WHETHER STATION ALLOWANCES (HOUSING) ARE PAYABLE TO LIEUTENANT COMMANDER DAVID L. HUGHES, 477512, USN, DURING A PERIOD OF HIS ABSENCE FROM HIS PERMANENT STATION ON TEMPORARY DUTY. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 62-9.

BY BUREAU OF NAVAL PERSONNEL ORDER 077319, DATED MARCH 24, 1961, THE MEMBER WAS TO BE DETACHED FROM DUTY AT NAVAL AIR STATION, BARBER'S POINT, OAHU, HAWAII, AND WAS TO REPORT TO NAVAL AIR STATION, NORTH ISLAND, SAN DIEGO, CALIFORNIA, FOR TEMPORARY DUTY OF ABOUT 16 WEEKS, UPON COMPLETION OF WHICH HE WAS TO RETURN TO NAVAL AIR STATION, BARBER'S POINT, FOR DUTY WITH PATROL SQUADRON TWENTY-TWO. HE WAS DETACHED FROM HIS PERMANENT STATION AT BARBER'S POINT ON JUNE 16, 1961, AND REPORTED AT HIS TEMPORARY STATION ON JUNE 23, 1961. HE WAS DETACHED FROM TEMPORARY DUTY ON OCTOBER 12, 1961, AND REPORTED TO PATROL SQUADRON TWENTY-TWO AT BARBER'S POINT ON OCTOBER 26, 1961. HIS HOUSING ALLOWANCE WAS STOPPED WHEN HE DEPARTED HIS PERMANENT STATION AND WAS RESUMED WHEN HE RETURNED. IT APPEARS THAT WHILE THE MEMBER'S DEPENDENTS ACCOMPANIED HIM TO HIS TEMPORARY STATION AND RETURNED AT THEIR OWN EXPENSE, HE CONTINUED TO MAINTAIN HIS PERMANENT LIVING ACCOMMODATIONS IN THE VICINITY OF BARBER'S POINT. UNDER THE ORDERS HE WAS NOT ENTITLED TO DEPENDENTS' TRAVEL, DISLOCATION ALLOWANCE, OR SHIPMENT OF HOUSEHOLD EFFECTS ON A PERMANENT CHANGE OF STATION BASIS SINCE NO TRAVEL WAS INVOLVED IN THE MOVEMENT FROM THE OLD TO THE NEW PERMANENT STATION.

SECTION 303 (B) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814 (37 U.S.C. 253 (B) (, PROVIDES THAT THE SECRETARIES OF THE UNIFORMED SERVICES MAY AUTHORIZE THE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, 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 4301-3 OF THE JOINT TRAVEL REGULATIONS ISSUED UNDER THAT AUTHORITY AND IN EFFECT ON THE EFFECTIVE DATE OF THE ORDERS OF MARCH 24, 1961, PROVIDES ENTITLEMENT TO THE HOUSING ALLOWANCE BEGINS FOR MEMBERS WITH DEPENDENTS ON THE DAY OF ARRIVAL OF THE MEMBER OR HIS DEPENDENTS AT THE PERMANENT DUTY STATION AND TERMINATES ON THE DAY PRIOR TO THE DATE OF DEPARTURE IN ALL CASES. PARAGRAPH 4300-1 OF THE REGULATIONS PROVIDES THAT THE TERM "MEMBER WITH DEPENDENTS," MEANS A MEMBER WHOSE DEPENDENTS RESIDE IN THE VICINITY OF HIS DUTY STATION OUTSIDE THE UNITED STATES. HOWEVER, PARAGRAPH 4301-3 PROVIDES THAT TEMPORARY ABSENCES OF DEPENDENTS FROM THE MEMBER'S RESIDENCE WILL NOT AFFECT THE PAYMENT OF STATION ALLOWANCES PROVIDED THE MEMBER CONTINUES TO MAINTAIN FAMILY-TYPE QUARTERS DURING THE ABSENCE OF HIS DEPENDENTS.

IN THE PRESENT CASE IT APPEARS THAT THE DEPENDENTS ARRIVED AT BARBER'S POINT ON JUNE 8, 1959, AND HAVE BEEN OCCUPYING PERMANENT LIVING ACCOMMODATIONS WITH THE MEMBER AT A NEARBY POINT SINCE JULY 15, 1959, EXCEPT FOR THE PERIOD OF TEMPORARY DUTY AT NORTH ISLAND. ALSO, IT APPEARS THAT THE MEMBER WAS NOT ASSIGNED GOVERNMENT QUARTERS FOR HIS DEPENDENTS DURING THE PERIOD OF TEMPORARY DUTY. INASMUCH AS NO TRAVEL WAS NECESSARY BETWEEN THE OLD AND THE NEW PERMANENT DUTY STATION UNDER THE ORDERS OF MARCH 24, 1961, THE LOCATION OF THE MEMBER'S DUTY STATION CONTINUED AND REMAINED UNCHANGED BY SUCH ORDERS THROUGH THE PERIOD IN QUESTION, AND SINCE HE CONTINUED TO MAINTAIN THE FAMILY-TYPE QUARTERS DURING THE TEMPORARY ABSENCE OF HIS DEPENDENTS FROM THE PERMANENT RESIDENCE, THE ALLOWANCE MAY BE PAID. THE PAPERS WHICH ACCOMPANIED YOUR LETTER ARE RETURNED.