B-162975, JAN. 29, 1968

B-162975, JAN. 29, 1968

ARMED SERVICES - QUARTERS, ETC. ALLOWANCES - TEMPORARY LODGING DECISION TO NAVY MEMBER CONCERNING CLAIM OF NAVY FOR REFUND OF TEMPORARY LODGING ALLOWANCE. NAVY MEMBER WHO, AFTER OCCUPYING QUARTERS RENTING FOR $17.50 PER DAY ON CHANGE OF STATION TO HONOLULU RELOCATED HIMSELF AND FAMILY TO ACCOMMODATIONS RENTING FOR $45.00 PER WEEK MAY NOT HAVE RELOCATED QUARTERS REGARDED AS OTHER THAN NORMAL PERMANENT LIVING ARRANGEMENTS AND, THEREFORE, SINCE COST IS LESS THAN MEMBER'S TOTAL BASIC ALLOWANCE FOR QUARTERS AND REGULAR HOUSING ALLOWANCE THE ADDITIONAL TEMPORARY LODGING ALLOWANCE PAID THE MEMBER IS FOR RECOVERY.

TO LIEUTENANT BLISS E. NISONGER, USN, 649703/6152:

REFERENCE IS MADE TO YOUR COMMUNICATION OF MARCH 2, 1967, IN EFFECT REQUESTING THAT WE SETTLE THE CLAIM OF THE NAVY DEPARTMENT AGAINST YOU FOR REFUND OF THE TEMPORARY LODGING ALLOWANCE PAYMENTS MADE TO YOU FOR THE PERIOD NOVEMBER 18, 1966, THROUGH DECEMBER 15, 1966.

THE FILE FORWARDED TO US WITH YOUR REQUEST SHOWS THAT YOU WERE REASSIGNED FROM THE U.S.S. ORION (AS-18), NORFOLK, VIRGINIA, TO THE FLEET TRAINING GROUP, FOURTEENTH NAVAL DISTRICT, PEARL HARBOR, HAWAII. YOU AND YOUR FAMILY ARRIVED IN HONOLULU ON SEPTEMBER 6, 1966. UPON ARRIVAL YOU APPLIED FOR NAVY HOUSING AND ALSO ATTEMPTED TO SECURE PRIVATE HOUSING. HOWEVER, YOU WERE UNABLE TO OBTAIN PERMANENT HOUSING BEFORE DECEMBER 16, 1966. DURING THE PERIOD SEPTEMBER 6 TO DECEMBER 15, 1966, YOU AND YOUR FAMILY RESIDED AT THE BOULEVARD TOWERS, AN APARTMENT HOTEL IN HONOLULU.

INITIALLY YOU OCCUPIED ACCOMMODATIONS RENTING FOR $17.50 PER DAY, AND YOU WERE AUTHORIZED TEMPORARY LODGING ALLOWANCE FOR A 60-DAY PERIOD. NOVEMBER 1, 1966, YOU REQUESTED AN EXTENSION OF TEMPORARY LODGING ALLOWANCE TO NOVEMBER 19, 1966, INDICATING THAT YOU WERE OCCUPYING THE SAME ACCOMMODATIONS. THIS WAS APPROVED FOR A 15-DAY PERIOD. A SIMILAR APPLICATION DATED NOVEMBER 16, 1966, WAS ALSO APPROVED. YOUR APPLICATION OF DECEMBER 2, 1966, FOR A FURTHER EXTENSION, HOWEVER, WAS DISAPPROVED ON THE BASIS THAT SINCE THE RENT OF $45.00 PER WEEK PAID BY YOU FOR THE DIFFERENT ACCOMMODATIONS WHICH YOU OCCUPIED BEGINNING NOVEMBER 18, 1966, WAS LESS THAN YOUR COMBINED BASIC ALLOWANCE FOR QUARTERS AND REGULAR STATION ALLOWANCE, YOU WERE INCURRING ONLY NORMAL EXPENSES AND, THEREFORE, WERE NOT ENTITLED TO TEMPORARY LODGING ALLOWANCE. ALSO, RECOUPMENT OF THE TEMPORARY LODGING ALLOWANCE PAID TO YOU AFTER NOVEMBER 18, 1966, WAS DIRECTED.

IN A REPORT DATED JULY 27, 1967, TO THE COMPTROLLER OF THE NAVY ON YOUR COMMUNICATION OF MARCH 2, 1967, TO THIS OFFICE, THE COMMANDANT OF THE FOURTEENTH NAVAL DISTRICT STATES, IN MATERIAL PART AS FOLLOWS:

"3. WITH REGARD TO LOCAL DETERMINATION OF -HOTEL OR HOTEL-LIKE ACCOMMODATIONS' IN THE HAWAII AREA THE FOLLOWING IS SET FORTH: THE DIRECTOR OF ARMED SERVICES COMMUNITY HOUSING IN HAWAII HAS PUBLISHED A HOTEL INFORMATION BULLETIN, ENCLOSURE (2), APPLICABLE TO ALL SERVICES, WHICH LISTS THOSE HOTEL OR HOTEL-LIKE ACCOMMODATIONS WHICH HAVE BEEN INSPECTED AND APPROVED FOR OCCUPANCY BY MEMBERS ENTITLED TO TEMPORARY LODGING ALLOWANCE. THESE ACCOMMODATIONS HAVE MET THE APPROVED HOTEL CRITERIA SHOWN IN PARAGRAPH 3C OF ENCLOSURE (2). ON OCCASION, A HOTEL WILL CEASE CERTAIN OF ITS SERVICES AND ALLOW THE MEMBER CONTINUED OCCUPANCY ON A TEMPORARY BASIS AT A REDUCED RATE. THIS ACTION USUALLY OCCURS WHEN A MEMBER'S TLA ENTITLEMENT HAS EXPIRED.

"4. AT THE TIME LT NISONGER RELOCATED FROM AN ACCOMMODATION FOR WHICH HE WAS PAYING $17.50 PER DAY TO A UNIT RENTING FOR $45.00 PER WEEK, HE ALSO LOST CERTAIN SERVICES INCLUDED IN THE -APPROVED HOTEL CRITERIA- OF ENCLOSURE (2). THUS, ON THE BASIS OF COST, LESS THAN NORMAL SERVICE, AND PAYMENT AT OTHER THAN A DAILY RATE, LT NISONGER WAS IN EFFECT RENTING FURNISHED APARTMENT TYPE ACCOMMODATIONS. THE COST OF THESE ACCOMMODATIONS WAS LESS THAN THE SUM OF BAQ AND STATION HOUSING ALLOWANCE TO WHICH AN OFFICER OF LT NISONGER'S RANK IS ENTITLED.

"5. IN THE ADMINISTRATION OF TLA PURSUANT TO DEPARTMENTAL DIRECTIVES, COMFOURTEEN MONITORS THE BEST INTEREST OF THE GOVERNMENT AS WELL AS THE WELFARE OF THE INDIVIDUAL CONCERNED; APPROVING THOSE REQUESTS WHICH ARE IN CONFORMANCE WITH LOCAL IMPLEMENTING INSTRUCTIONS AND WHICH EVIDENCE BONA FIDE ENTITLEMENT. IT IS INTENDED THAT TLA BE APPROVED ONLY IN THOSE CASES WHICH, UPON CLOSE SCRUTINY BY OFFICIAL AUDITING ACTIVITIES, WILL NOT JEOPARDIZE THE CONTINUED AUTHORIZATION OF THIS NECESSARY ENTITLEMENT.

"6. IT IS ON THE BASIS OF THE FOREGOING THAT ADDITIONAL TLA TO LT NISONGER WAS NOT APPROVED LOCALLY.'

SECTION 405 OF TITLE 37, U.S.C. PROVIDES THAT THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST-OF-LIVING TO MEMBERS OF THE UNIFORMED SERVICES UNDER THEIR JURISDICTION AND THEIR DEPENDENTS, INCLUDING A COST OF QUARTERS, SUBSISTENCE, AND OTHER NECESSARY INCIDENTAL EXPENSES, TO SUCH A MEMBER WHO IS ON DUTY OUTSIDE OF THE UNITED STATES OR IN HAWAII OR ALASKA, WHETHER OR NOT HE IS IN A TRAVEL STATUS. REGULATIONS PROVIDING FOR PAYMENT OF THE TEMPORARY LODGING ALLOWANCE, ISSUED UNDER THIS AUTHORITY, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

ONE OF THE PURPOSES OF THE TEMPORARY LODGING ALLOWANCE, AS STATED IN PARAGRAPH M4303 OF THE JOINT TRAVEL REGULATIONS, IS TO PARTIALLY REIMBURSE 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 GOVERNMENT QUARTERS, OR PENDING COMPLETION OF ARRANGEMENTS FOR OTHER PERMANENT LIVING ACCOMMODATIONS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE. UNDER THE REGULATIONS, THE TEMPORARY LODGING ALLOWANCE IS NOT PAYABLE UNLESS THE USE BY THE MEMBER OF THE TEMPORARY ACCOMMODATIONS RESULTS IN LIVING EXPENSES WHICH SUBSTANTIALLY EXCEED THOSE THAT WOULD BE INCURRED UNDER NORMAL PERMANENT LIVING ARRANGEMENTS. THE COMMANDANT OF THE FOURTEENTH NAVAL DISTRICT REPORTS THAT THE ACCOMMODATIONS OCCUPIED BY YOU DURING THE PERIOD NOVEMBER 18, 1966, TO DECEMBER 15, 1966, AT A COST OF LESS THAN THE TOTAL OF YOUR BASIC ALLOWANCE FOR QUARTERS AND YOUR REGULAR HOUSING ALLOWANCE, AND WITH LESS THAN NORMAL SERVICE, WERE IN EFFECT FURNISHED APARTMENT TYPE ACCOMMODATIONS OCCUPIED AT ONLY NORMAL COSTS.

UNDER THE PROVISIONS OF PARAGRAPH M4303-2B OF THE JOINT TRAVEL REGULATIONS, THE OVERSEAS COMMANDER IS CHARGED WITH THE RESPONSIBILITY OF ADMINISTERING THE TEMPORARY LODGING ALLOWANCE IN ACCORDANCE WITH REGULATION REQUIREMENTS. IN THE EXERCISE OF THAT RESPONSIBILITY, HE IS AUTHORIZED TO DETERMINE WHETHER IT IS NECESSARY FOR A MEMBER TO OCCUPY HOTEL-LIKE ACCOMMODATIONS AND HE HAS DETERMINED THAT SUCH OCCUPANCY IN YOUR CASE WAS NOT REQUIRED AFTER NOVEMBER 17, 1966. ALSO, THE COMMANDER IS AUTHORIZED IN CERTAIN CASES TO DENY PAYMENT OF OR FURTHER ENTITLEMENT TO THE TEMPORARY LODGING ALLOWANCE. PRESUMABLY THE ACTION OF THE COMMANDANT OF THE FOURTEENTH NAVAL DISTRICT IN YOUR CASE WAS TAKEN UNDER SUCH REGULATIONS. WE FIND NO BASIS IN THE RECORD FOR CONCLUDING THAT SUCH ACTION WAS CONTRARY TO THE PURPOSE AND INTENT OF THE LAW AND REGULATIONS.

ACCORDINGLY, YOU SHOULD TAKE APPROPRIATE ACTION TO ARRANGE FOR REPAYMENT OF THE TEMPORARY LODGING ALLOWANCE PAYMENTS MADE TO YOU FOR THE PERIOD NOVEMBER 18 TO DECEMBER 15, 1966.