B-153111, JANUARY 27, 1964, 43 COMP. GEN. 525

B-153111, JANUARY 27, 1964, 43 COMP. GEN. 525

STATION ALLOWANCES - MILITARY PERSONNEL - TEMPORARY LODGINGS - DEPENDENTS AT STATION AFTER MEMBER'S DEPARTURE A MEMBER OF THE UNIFORMED SERVICES AUTHORIZED STATION ALLOWANCES FOR DEPENDENTS CONTINUING TO RESIDE IN THE VICINITY OF HIS OLD OVERSEAS DUTY STATION WHEN HE WAS REASSIGNED TO A RESTRICTED OVERSEAS DUTY STATION MAY BE PAID A TEMPORARY LODGING ALLOWANCE ON ACCOUNT OF HIS DEPENDENTS WHO OCCUPIED HOTEL ACCOMMODATIONS AFTER VACATING PERMANENT LIVING ACCOMMODATIONS AND SHIPMENT OF THEIR HOUSEHOLD EFFECTS INCIDENT TO THE MEMBER'S TRANSFER TO THE UNITED STATES, EVEN THOUGH HE WAS NOT AT HIS OLD OVERSEAS STATION WHEN THE TRANSFER ORDERS WERE RECEIVED, THE PAYMENT OF STATION ALLOWANCES FOR DEPENDENTS REMAINING AT THE OLD STATION AFTER THE MEMBER'S DEPARTURE TO ANOTHER OVERSEAS DUTY STATION IN A RESTRICTED AREA HAVING BEEN APPROVED, AS PRESCRIBED IN SECTION 4305 OF THE JOINT TRAVEL REGULATIONS, THE TEMPORARY LODGING ALLOWANCES PROVIDED UNDER SECTION 4303- 1 MAY BE AUTHORIZED ON THE SAME BASIS FOR THE DEPENDENTS AS IF THE MEMBER HAD BEEN ON DUTY AT HIS OLD PERMANENT STATION WHEN HE RECEIVED ORDERS TRANSFERRING HIM TO THE UNITED STATES.

TO ROBERT J. LAHR, UNITED STATES MARINE CORPS, JANUARY 27, 1964:

BY SECOND INDORSEMENT DATED DECEMBER 19, 1963, THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE FORWARDED YOUR LETTER OF OCTOBER 24, 1963, AND ENCLOSURES, REQUESTING AN ADVANCE DECISION WHETHER MASTER GUNNERY SERGEANT FRANCIS R. FOLEY, 309, 205, MAY BE PAID A TEMPORARY LODGING ALLOWANCE ON ACCOUNT OF HIS DEPENDENTS FOR THE PERIOD AUGUST 1 TO 9, 1963, IN THE CIRCUMSTANCES SHOWN. YOUR REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 63-26.

PURSUANT TO ORDERS DATED MARCH 7, 1962, HEADQUARTERS AND SERVICE BATTALION, FLEET MARINE FORCE, PACIFIC, OAHU, HAWAII, SERGEANT FOLEY WAS DETACHED FROM THAT STATION ON JUNE 30, 1962, AND TRANSFERRED ON A PERMANENT CHANGE OF STATION TO THE THIRD MARINE DIVISION (REINFORCED), FLEET MARINE FORCE, PACIFIC (OKINAWA), A RESTRICTED AREA TO WHICH HIS DEPENDENTS WERE NOT PERMITTED TO TRAVEL. BASED UPON SUCH REASSIGNMENT TO A RESTRICTED OVERSEAS DUTY STATION, SERGEANT FOLEY REQUESTED AND WAS AUTHORIZED BY THE APPROPRIATE AUTHORITY ON MARCH 8, 1962, TO RECEIVE PAYMENT OF A STATION ALLOWANCE, EFFECTIVE UPON HIS TRANSFER, AT THE RATE APPLICABLE TO HAWAII ON ACCOUNT OF HIS DEPENDENTS WHO CONTINUED TO RESIDE ON OAHU IN THE VICINITY OF HIS PREVIOUS DUTY STATION. BY SPECIAL ORDERS DATED MAY 14, 1963, SERGEANT FOLEY WAS TRANSFERRED ON A PERMANENT CHANGE OF STATION TO THE FIRST MARINE DIVISION (REINFORCED), FLEET MARINE FORCE, CAMP PENDLETON, CALIFORNIA, AND IN ACCORDANCE THEREWITH HE WAS DETACHED FROM HIS RESTRICTED DUTY STATION WITH THE THIRD MARINE DIVISION ON AUGUST 1, 1963. HIS DEPENDENTS, HAVING HAD THEIR HOUSEHOLD EFFECTS PICKED UP FOR SHIPMENT TO THE CONTINENTAL UNITED STATES IN CONNECTION WITH THE MEMBER'S NEW ASSIGNMENT, VACATED THEIR PERMANENT LIVING ACCOMMODATIONS ON OAHU AND WERE REQUIRED TO SECURE TEMPORARY LODGING IN A HOTEL FOR THE PERIOD AUGUST 1 TO 9, 1963, WHILE AWAITING MILITARY AIR TRANSPORTATION TO CALIFORNIA.

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, WERE PROMULGATED UNDER THE AUTHORITY VESTED IN THE SECRETARIES CONCERNED BY SECTION 405, TITLE 37 OF THE UNITED STATES CODE, TO AUTHORIZE THE PAYMENT TO MEMBERS, WHETHER OR NOT IN A TRAVEL STATUS, OF A PER DIEM CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO THE MEMBERS AND THEIR DEPENDENTS. PARAGRAPH 4300-1 OF THE PART G OF THE REGULATIONS PROVIDES, WITH SPECIFIED LIMITATIONS, THAT THE TERM "MEMBER WITH DEPENDENTS" AS USED IN THAT PART IS A MEMBER WHOSE DEPENDENTS RESIDE IN THE VICINITY OF HIS PERMANENT DUTY STATION OVERSEAS. 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 DURING THE PERIOD (ITEM 2) IMMEDIATELY PRECEDING DEPARTURE ON A PERMANENT CHANGE OF STATION FROM A PERMANENT DUTY STATION OUTSIDE THE UNITED STATES AND AFTER TERMINATION OF ASSIGNMENT TO GOVERNMENT QUARTERS OR AFTER SURRENDER OF OTHER PERMANENT LIVING ACCOMMODATIONS. CONDITIONS UNDER WHICH SUCH AN ALLOWANCE IS PAYABLE ARE SET FORTH IN SUBPARAGRAPH 2A AS WHEN (1) GOVERNMENT QUARTERS ARE NOT FURNISHED THE MEMBER, HIS DEPENDENTS, OR THE MEMBER AND HIS DEPENDENTS, IF WITH DEPENDENTS; (2) THE MEMBER IS REQUIRED TO SECURE TEMPORARY LODGINGS; AND (3) THE MEMBER, HIS DEPENDENTS, OR BOTH ACTUALLY OCCUPY HOTEL OR HOTEL-LIKE ACCOMMODATIONS AT PERSONAL EXPENSE. SUBPARAGRAPH 2C PROVIDES THAT THE PERIOD OF ENTITLEMENT UPON DEPARTURE WILL BE THE LAST 10 DAYS PRECEDING THE DAY OF DEPARTURE OF THE MEMBER FROM HIS PERMANENT DUTY STATION IN COMPLIANCE WITH PERMANENT CHANGE -OF-STATION ORDERS; EXCEPT, WHEN ONE OR MORE OF THE DEPENDENTS REMAIN AFTER DEPARTURE OF THE MEMBER, THE PERIOD WILL BE THE LAST 10 DAYS PRECEDING THE DAY OF DEPARTURE OF THE LAST DEPENDENT OR THE EFFECTIVE DATE OF THE PERMANENT CHANGE-OF-STATION ORDERS, WHICHEVER IS EARLIER. WHILE SUCH PROVISIONS RELATE TO THE PAYMENT OF THE ALLOWANCE, GENERALLY, SPECIFIC PROVISIONS PRESCRIBING CONDITIONS UNDER WHICH MEMBERS WITH DEPENDENTS ARE AUTHORIZED TO RECEIVE STATION ALLOWANCES WHEN ASSIGNED TO DUTY IN A RESTRICTED AREA OUTSIDE THE UNITED STATES ARE CONTAINED IN PARAGRAPH 4305 OF THE REGULATIONS. SUBPARAGRAPH 2A THEREOF PERTAINS TO SITUATIONS SUCH AS THAT WHICH IS HERE CONCERNED, AND PROVIDES AS FOLLOWS:

2. REASSIGNMENT FROM AN OVERSEAS NONRESTRICTED AREA TO A RESTRICTED AREA

A. DEPENDENTS REMAIN IN THE VICINITY OF THE OLD STATION. A MEMBER ON DUTY OUTSIDE THE UNITED STATES WHOSE DEPENDENTS ARE RESIDING IN THE VICINITY OF HIS PERMANENT DUTY STATION AT THE TIME ORDERS ARE ISSUED REASSIGNING HIM TO A RESTRICTED AREA, AS DEFINED IN PAR. 1150-17, MAYBE AUTHORIZED TO RECEIVE STATION ALLOWANCES FOR HIS OLD DUTY STATION IN THE SAME MANNER AS IF THE MEMBER WERE PRESENT THEREOF FOR DUTY, SUBJECT TO THE FOLLOWING CONDITIONS:

1. APPROVAL BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE; AND

2. DEPENDENTS CONTINUE TO RESIDE IN THE VICINITY OF THE MEMBER'S OLD DUTY STATION FOR THE ENTIRE PERIOD FOR WHICH ALLOWANCES ARE CLAIMED UNDER THIS PARAGRAPH.

AS HEREINBEFORE STATED, SERGEANT FOLEY'S DEPENDENTS CONTINUED TO RESIDE IN THE VICINITY OF HIS OLD DUTY STATION WHILE HE WAS WITH THE THIRD MARINE DIVISION AND PAYMENT OF STATION ALLOWANCES WAS APPROVED BY THE APPROPRIATE AUTHORITY. HENCE, THE PRESCRIBED CONDITIONS HAVING BEEN MET, THE ABOVE- QUOTED REGULATION MAY REASONABLY BE VIEWED AS AUTHORIZING PAYMENT OF THE TEMPORARY LODGING ALLOWANCE (A STATION ALLOWANCE, JTR, PAR. 4300-4, ITEM 3) TO SERGEANT FOLEY ON THE SAME BASIS FOR HIS DEPENDENTS AS IF HE HAD BEEN ON DUTY AT HIS OLD PERMANENT STATION IN HAWAII WHEN HE RECEIVED THE ORDERS TRANSFERRING HIM TO THE FIRST MARINE DIVISION AT CAMP PENDLETON, CALIFORNIA.

ACCORDINGLY, THE SUBMITTED CLAIM, WHICH IS RETURNED TOGETHER WITH SUPPORTING PAPERS, MAY BE PAID IF OTHERWISE CORRECT.