B-158366, MAR. 7, 1966, 45 COMP. GEN. 551

B-158366, MAR. 7, 1966, 45 COMP. GEN. 551

QUARTERS - GOVERNMENT FURNISHED - SERVICE CHARGES - RESERVE OFFICERS THE SERVICE CHARGES LEVIED IN ACCORDANCE WITH REGULATION REQUIREMENTS AGAINST RESERVE OFFICERS FOR OCCUPANCY OF GOVERNMENT BACHELOR OFFICER QUARTERS INCIDENT TO PERFORMING ANNUAL TRAINING DUTY WITH PAY ARE NOT REIMBURSABLE, PARAGRAPH M6001 OF THE JOINT TRAVEL REGULATIONS PROVIDING THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD A RESERVE MEMBER IS AT HIS TRAINING DUTY STATION, EXCEPT FOR INCIDENTAL TRAVEL EXPENSES ON ARRIVAL AND DEPARTURE DAYS, AND AS RESERVE OFFICERS WHO DURING A PERIOD OF TRAINING ARE NOT AWAY FROM AN ONLY POST OF DUTY IN A TRAVEL STATUS THAT WOULD ENTITLE THEM TO THE PER DIEM PRESCRIBED BY 37 U.S.C. 404, THE SERVICE CHARGES PAID BY THE OFFICERS ARE PERSONAL EXPENSES THAT ARE NOT REIMBURSABLE TO THEM.

TO COMMANDER M. L. CONNER, DEPARTMENT OF THE NAVY, MARCH 7, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 20, 1965, T:SBA:MJH, WITH ENCLOSURES, REQUESTING A DECISION AS TO THE ENTITLEMENT OF COMMANDER LOUIS P. REILY, USNR, 117 883, AND LIEUTENANT (JG) ELDRED F. HARRELSON, USNR, 656 890, TO REIMBURSEMENT FOR CHARGES LEVIED ON THEM AS RESERVE OFFICERS FOR OCCUPANCY OF GOVERNMENT QUARTERS INCIDENT TO PERFORMING ANNUAL TRAINING DUTY WITH PAY. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 66-3 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED JULY 15 AND JULY 14, 1965, RESPECTIVELY, COMMANDER REILY WAS ORDERED TO ACTIVE DUTY FOR TRAINING WITH PAY FOR 13 DAYS AND LIEUTENANT (JG) HARRELSON FOR SUCH DUTY FOR 14 DAYS. BOTH OFFICERS WERE REQUIRED TO REPORT AT THE NAVAL ADMINISTRATIVE UNIT, SANDIA BASE, ALBUQUERQUE, NEW MEXICO, NO LATER THAN AUGUST 1, 1965. UPON REPORTING TO THEIR TRAINING DUTY STATION THEY OCCUPIED GOVERNMENT (BACHELOR OFFICER QUARTERS) APPARENTLY DESIGNATED AS VISITING OFFICERS' QUARTERS, FOR WHICH A SERVICE CHARGE OF $1.50 PER DAY WAS LEVIED. COMMANDER REILY PAID $18 FOR 12 DAYS AND LIEUTENANT (JG) HARRELSON PAID $21 FOR 14 DAYS. YOU QUESTION WHETHER REIMBURSEMENT IS AUTHORIZED.

SECTION 404 OF TITLE 37, U.S. CODE, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER ORDERS UNDER VARIOUS CIRCUMSTANCES INCLUDING WHEN AWAY FROM HIS DESIGNATED POST OF DUTY AND UPON CALL TO ACTIVE DUTY. WITH SPECIFIC REFERENCE TO MEMBERS OF RESERVE COMPONENTS UPON CALL TO ACTIVE DUTY FOR TRAINING WITH PAY, PARAGRAPH M6001 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT PER DIEM ALLOWANCES ARE NOT PAYABLE FOR ANY PERIOD A MEMBER IS AT HIS TRAINING DUTY STATION, EXCEPT FOR THE DAY OF ARRIVAL AND DEPARTURE THEREFROM. PER DIEM FOR THOSE DAYS WOULD INCLUDE REIMBURSEMENT FOR INCIDENTAL TRAVEL EXPENSES SUCH AS HERE INVOLVED. HOWEVER, FOR THE PERIOD OF THE TRAINING THE MEMBER IS NOT AWAY FROM HIS ONLY POST OF DUTY, HE IS NOT IN A TRAVEL STATUS, AND NOT ENTITLED TO PER DIEM. SIMILARLY, WHILE PARAGRAPH M4000 OF THOSE REGULATIONS PROVIDES FOR REIMBURSEMENT OF CERTAIN ACTUAL EXPENSES UPON SECRETARIAL APPROVAL, THAT PROVISION RELATES TO TRAVEL EXPENSES AND IS IN LIEU OF A PER DIEM TRAVEL ALLOWANCE, AND IS NOT APPLICABLE TO THE PRESENT CLAIMS. THUS, THE JOINT TRAVEL REGULATIONS DO NOT PROVIDE FOR REIMBURSEMENT OF SUCH SERVICE CHARGE.

SECTION 403 (B) OF TITLE 37, U.S. CODE, PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, A MEMBER OF A UNIFORMED SERVICE WHO IS ASSIGNED TO QUARTERS OF THE UNITED STATES OR A HOUSING FACILITY UNDER THE JURISDICTION OF A UNIFORMED SERVICE, APPROPRIATE FOR HIS GRADE, RANK, OR RATING AND ADEQUATE FOR HIMSELF, AND HIS DEPENDENTS, IF WITH DEPENDENTS, IS NOT ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS. SECTION 403 OF EXECUTIVE ORDER NO. 11157, JUNE 22, 1964, 29 F.R. 7973, PROVIDES THAT ANY QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF ANY OF THE UNIFORMED SERVICES IN FACT OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES (A) BY A MEMBER AND HIS DEPENDENTS, OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, SHALL BE DEEMED TO HAVE BEEN ASSIGNED SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER WITH CERTAIN EXCEPTIONS NOT HERE PERTINENT.

WHILE THE STATION HERE INVOLVED WAS NOT PERMANENT, IT WAS THE ONLY STATION THE MEMBERS HAD. SINCE COMMANDER REILY HAS DEPENDENTS WHO WERE NOT AUTHORIZED TO BE WITH HIM AT SANDIA BASE, HIS TRAINING DUTY STATION, HE WAS PAID A QUARTERS ALLOWANCE AS A MEMBER WITH DEPENDENTS AND WAS FURNISHED QUARTERS FOR HIMSELF. LIEUTENANT HARRELSON APPARENTLY DOES NOT HAVE DEPENDENTS. SINCE HE WAS FURNISHED QUARTERS, HE WAS NOT PAID A QUARTERS ALLOWANCE.

IN CONNECTION WITH SUCH QUARTERS, AT AN ARMY INSTALLATION, PARAGRAPH 5C, ARMY REGULATIONS 210-14, PROVIDES THAT INSTALLATION COMMANDERS MAY ESTABLISH A SERVICE CHARGE TO BE PAID BY TRANSIENT OFFICERS AND CIVILIAN GOVERNMENT EMPLOYEES REPORTING FOR TEMPORARY DUTY TO DEFRAY THE COST OF LAUNDERING LINENS, MAID, AND OTHER SERVICES CONNECTED WITH THE OPERATION OF BACHELOR OFFICER QUARTERS OR OTHER BILLETING FACILITIES. SUBPARAGRAPH D OF THE SAME REGULATION PROVIDES THAT WHEN NONAPPROPRIATED FUND ACTIVITY FACILITIES ARE USED A SERVICE CHARGE NOT TO EXCEED $1.50 PER DAY IS AUTHORIZED FOR VISITING OFFICERS' QUARTERS. SUBPARAGRAPH E SPECIFICALLY PROVIDES THAT---

OFFICERS OF RESERVE COMPONENTS ON ACTIVE DUTY FOR TRAINING WITH NO PER DIEM AUTHORIZED MAY BE BILLETED IN AVAILABLE ACCOMMODATIONS; HOWEVER, THEY WILL PAY THE BILLETING CHARGES AS ESTABLISHED IN C AND D ABOVE FROM THEIR OWN PERSONAL FUNDS.

THUS, THE ARMY REGULATIONS PROVIDE THAT RESERVE OFFICERS ON TRAINING DUTY AT AN ARMY INSTALLATION SHALL PAY FROM THEIR PERSONAL FUNDS THE SERVICE CHARGE ESTABLISHED AT THE INSTALLATION FOR THE GOVERNMENT QUARTERS OCCUPIED. AND WHILE SANDIA IS NOT AN "ARMY" INSTALLATION, THESE SAME REQUIREMENTS APPEAR TO APPLY AT THE VISITING OFFICERS' QUARTERS AT THAT BASE. THERE IS NO PROVISION FOR REIMBURSEMENT OF SUCH EXPENSE. WHILE BUREAU OF NAVAL PERSONNEL MANUAL FOR MESSES ASHORE DOES NOT REQUIRE THE PAYMENT OF A LINEN CHARGE BY RESERVE OFFICERS ON TRAINING DUTY UNDER SIMILAR CIRCUMSTANCES WHO OCCUPY QUARTERS IN A NAVY COMMISSIONED OFFICERS' MESS, SUCH FACT AFFORDS NO BASIS TO EXEMPT COMMANDER REILY AND LIEUTENANT (JG) HARRELSON FROM PAYMENT OF THE SERVICE CHARGE ESTABLISHED AT SANDIA FOR THE QUARTERS OCCUPIED.

THE PAPERS WHICH ACCOMPANIED YOUR LETTER WILL BE RETAINED IN THIS OFFICE, PAYMENT THEREON NOT BEING AUTHORIZED.