B-174654, APR 27, 1972, 51 COMP GEN 691

B-174654, APR 27, 1972, 51 COMP GEN 691

STATION ALLOWANCES - MILITARY PERSONNEL - EXCESS LIVING COSTS OUTSIDE UNITED STATES, ETC. - MEMBER ON TEMPORARY DUTY BETWEEN STATION CHANGES AN AIR FORCE OFFICER WHOSE ORDERS TRANSFERRING HIM FROM HAWAII TO VIRGINIA AND PROVIDING FOR THE CONCURRENT TRAVEL OF HIS DEPENDENTS ARE AMENDED TO PLACE THE OFFICER ON TERMINAL TEMPORARY DUTY "OPERATION BOOTSTRAP" AT THE UNIVERSITY OF SOUTHERN CALIFORNIA AT NO EXPENSE TO THE GOVERNMENT, MAY BE PAID A STATION HOUSING ALLOWANCE AND COST-OF LIVING ALLOWANCE FOR HIS DEPENDENTS WHO CONTINUED TO RESIDE IN HAWAII INCIDENT TO HIS TEMPORARY ASSIGNMENT FOR THE PERIOD OF THE PERMISSIVE TEMPORARY DUTY PURSUANT TO PARAGRAPH 3-19C, AIR FORCE MANUAL 36-11, SINCE THE OFFICER REMAINED ASSIGNED TO HIS OVERSEAS STATION AND WAS EXPECTED TO RETURN TO THAT STATION FOR CHANGE-OF-STATION PROCESSING AFTER COMPLETING HIS ASSIGNMENT.

TO LIEUTENANT COLONEL J. W. STASIAK, UNITED STATES AIR FORCE, APRIL 27, 1972:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1971, REQUESTING A DECISION AS TO THE PROPRIETY OF PAYING STATION HOUSING ALLOWANCE AND COST- OF-LIVING ALLOWANCE TO MAJOR DONALD A. PICKERING, USAF, UNDER THE CIRCUMSTANCES PRESENTED. THE REQUEST HAS BEEN ASSIGNED PDTATAC CONTROL NO. 71-57, BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY SPECIAL ORDERS A-280, DATED OCTOBER 12, 1970, HEADQUARTERS, 6499TH SPECIAL ACTIVITIES GROUP (PACAF), APO 96553 SAN FRANCISCO, CALIFORNIA, THE OFFICER WAS REASSIGNED TO THE 1127TH USAF FIELD ACTIVITY GROUP, FORT BELVIOR, VIRGINIA. CONCURRENT TRAVEL OF DEPENDENTS FROM THEIR RESIDENCE IN HAWAII WAS AUTHORIZED. THE OFFICER WAS TO REPORT AT HIS NEW DUTY STATION 39 DAYS AFTER DEPARTURE FROM THE CONTINENTAL UNITED STATES PORT OF DEBARKATION.

ON JANUARY 8, 1971, THE ORDERS WERE AMENDED BY ADDING A TEMPORARY DUTY ASSIGNMENT EN ROUTE TO THE NEW DUTY STATION. THE AMENDMENT PLACED THE OFFICER ON TERMINAL TEMPORARY DUTY "OPERATION BOOTSTRAP" AT THE UNIVERSITY OF SOUTHERN CALIFORNIA, LOS ANGELES, CALIFORNIA, FOR A PERIOD OF 121 DAYS, TO REPORT ON FEBRUARY 8, 1971. THE TEMPORARY DUTY WAS TO BE AT NO EXPENSE TO THE GOVERNMENT. BY INDORSEMENT DATED APRIL 20, 1971, THE OFFICER WAS NOTIFIED TO REPORT WITH HIS DEPENDENTS AT THE HONOLULU INTERNATIONAL AIRPORT ON JUNE 13, 1971, FOR AIR TRAVEL TO THE UNITED STATES.

THE FILE CONTAINS A COPY OF A MESSAGE FROM THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, DATED DECEMBER 10, 1970, WHICH STATED THAT THE MEMBER'S ATTENDANCE AT A UNIVERSITY IN THE CONTINENTAL UNITED STATES UNDER PERMISSIVE TEMPORARY DUTY ORDERS DOES NOT CONSTITUTE AN ASSIGNMENT TO MILITARY DUTY AND SUCH TEMPORARY DUTY IS NOT FOR CONSIDERATION UNDER THE PROVISIONS OF PARAGRAPH M3003, JOINT TRAVEL REGULATIONS. THE VIEW WAS EXPRESSED THAT PAYMENT OF STATION ALLOWANCES SUBSEQUENT TO THE MEMBER'S DEPARTURE ON TEMPORARY DUTY WAS NOT AUTHORIZED SINCE NO EXPENSE TO THE GOVERNMENT MAY ACCRUE INCIDENT TO A PERMISSIVE TEMPORARY DUTY ASSIGNMENT. HOWEVER, SINCE SUCH A SITUATION IS NOT SPECIFICALLY COVERED IN THE REGULATIONS, IT WAS RECOMMENDED THAT THE RESPONSIBLE FINANCE OFFICER SUBMIT THE CLAIM TO OUR OFFICE FOR ADVANCE DECISION.

IN HIS LETTER DATED JANUARY 12, 1971, MAJOR PICKERING REQUESTED THE CONTINUATION OF PAYMENT OF THE STATION HOUSING ALLOWANCE AND COST-OF LIVING ALLOWANCE FOR HIS DEPENDENTS DURING THE PERIOD OF HIS PERMISSIVE TEMPORARY DUTY FROM FEBRUARY 3 THROUGH JUNE 8, 1971. HE SAID THAT UPON COMPLETION OF HIS TEMPORARY DUTY HE WAS TO RETURN TO HIS OVERSEAS STATION TO COMPLETE FINAL PROCESSING FOR HIS CHANGE OF STATION. PENDING HIS RETURN HE SAID HIS DEPENDENTS WOULD REMAIN AT HIS CURRENT ADDRESS IN HONOLULU, HAWAII.

MAJOR PICKERING RESUBMITTED HIS CLAIM BY LETTER DATED SEPTEMBER 30, 1971, AND BY LETTER DATED NOVEMBER 2, 1971, YOU TRANSMITTED HIS REQUEST FOR DECISION BY OUR OFFICE. YOU SAY THAT STATION ALLOWANCES ARE AUTHORIZED ONLY IF THE CONDITIONS SPECIFIED IN PARAGRAPHS M4305-2 THROUGH M4305-6, JOINT TRAVEL REGULATIONS, ARE FULFILLED AND THAT THE TEMPORARY DUTY ASSIGNMENT WAS NOT FOR CONSIDERATION UNDER PARAGRAPH M3003, JOINT TRAVEL REGULATIONS, SINCE IT WAS NOT AN ASSIGNMENT TO MILITARY DUTY.

SECTION 405, TITLE 37, U.S.C. PROVIDES GENERALLY THAT THE SECRETARIES CONCERNED MAY AUTHORIZE THE PAYMENT OF A PER DIEM, CONSIDERING ALL ELEMENTS OF THE COST OF LIVING TO A MEMBER AND HIS DEPENDENTS WHILE HE IS ON DUTY OUTSIDE OF THE UNITED STATES OR IN HAWAII OR ALASKA WHETHER OR NOT HE IS IN A TRAVEL STATUS.

PARAGRAPH M4301-3A, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 405, PROVIDES THAT IN THE CASE OF A MEMBER WITH DEPENDENTS, ORDERED TO AN OVERSEA DUTY STATION, ENTITLEMENT TO HOUSING AND COST-OF LIVING ALLOWANCES BEGINS ON THE DAY OF ARRIVAL OF THE MEMBER OR ONE OR MORE OF HIS DEPENDENTS TO THAT STATION. ENTITLEMENT TERMINATES ON THE DAY PRIOR TO DAY OF DEPARTURE OF THE MEMBER FROM THE OVERSEAS STATION IN COMPLIANCE WITH PERMANENT CHANGE-OF-STATION ORDERS OR, WHEN ONE OR MORE OF HIS DEPENDENTS REMAIN AFTER THE DEPARTURE OF THE MEMBER, ENTITLEMENT TERMINATES ON THE DAY PRIOR TO THE DAY OF DEPARTURE OF THE LAST DEPENDENT, OR THE 60TH DAY AFTER EFFECTIVE DATE OF THE PERMANENT CHANGE-OF-STATION ORDERS, WHICHEVER IS EARLIER, UNLESS A LONGER PERIOD IS AUTHORIZED AS THERE PROVIDED. THE EFFECTIVE DATE OF THE ORDERS, WHEN TEMPORARY DUTY IS INVOLVED WILL BE AS DETERMINED IN PARAGRAPH M3001-1B(1), ITEM 2, JOINT TRAVEL REGULATIONS.

PARAGRAPH M3003-1B(1), ITEM 2, JOINT TRAVEL REGULATIONS, DEFINES "EFFECTIVE DATE OF ORDERS" WHEN ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE TO A PERMANENT DUTY STATION, FOR THE PURPOSE OF DEPENDENT TRAVEL AND SHIPMENT OF HOUSEHOLD GOODS, AS THE DATE OF RELIEF (DETACHMENT) FROM THE LAST TEMPORARY DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME ALLOWED FOR TRAVEL BY A SPECIFIC MODE OF TRANSPORTATION, AUTHORIZED TO BE TAKEN AFTER SUCH DETACHMENT.

PARAGRAPH M4305, JOINT TRAVEL REGULATIONS, PERTAINS TO ENTITLEMENT TO STATION ALLOWANCES TO MEMBERS WITH DEPENDENTS, ASSIGNED TO DUTY IN A RESTRICTED AREA OUTSIDE THE UNITED STATES TO WHICH DEPENDENTS ARE NOT PERMITTED TO ESTABLISH A RESIDENCE. A MEMBER WHOSE DEPENDENTS REMAIN IN THE VICINITY OF THE OLD STATION OUTSIDE THE UNITED STATES WHEN HE IS ASSIGNED TO DUTY IN A RESTRICTED AREA OUTSIDE THE UNITED STATES, OR WHO MOVE TO A DESIGNATED PLACE DURING THAT PERIOD, IS ENTITLED TO STATION ALLOWANCES AS DESIGNATED THEREIN.

PARAGRAPH M6453 OF THE REGULATIONS PROVIDES THAT AN ORDER PERMITTING A MEMBER TO TRAVEL AS DISTINGUISHED FROM DIRECTING A MEMBER TO TRAVEL DOES NOT ENTITLE HIM TO EXPENSES OF TRAVEL.

CHAPTER 4, AIR FORCE MANUAL 213-1, IN EFFECT DURING THE PERIOD INVOLVED, OUTLINES THE TERMINAL PERMISSIVE TEMPORARY DUTY ASPECTS OF "OPERATION BOOTSTRAP." PARAGRAPH 4-5 PROVIDES THAT THE NECESSARY TRAVEL TIME TO AND FROM THE SCHOOL WILL BE ALLOWED AS ASSIGNED TIME IN ADDITION TO THE PERIOD OF TEMPORARY DUTY STUDY. TRAVEL WILL BE PERFORMED AT NO EXPENSE TO THE GOVERNMENT ON PERMISSIVE ORDERS IN ACCORDANCE WITH PARAGRAPH M6453, JOINT TRAVEL REGULATIONS.

PARAGRAPH 3-19C, AIR FORCE MANUAL 36-11, PROVIDES THAT THE OVERSEA MAJOR COMMANDS MAY APPROVE REQUESTS OF OVERSEA OFFICERS FOR TERMINAL "OPERATION BOOTSTRAP" TEMPORARY DUTY IN THE OVERSEA AREA OR IN THE CONTINENTAL UNITED STATES. WHILE ATTENDING SCHOOL, THE OFFICER WILL REMAIN ASSIGNED TO THE MAJOR COMMAND CONCERNED. IT PROVIDES FURTHER THAT UPON APPROVAL OF THE TEMPORARY DUTY, THE MAJOR COMMAND WILL NOTIFY THE UNITED STATES AIR FORCE MILITARY PAY CENTER OF THE EXPECTED TERMINATION OF THE TEMPORARY DUTY AND REQUEST A CONTINENTAL UNITED STATES ASSIGNMENT FOR THE OFFICER BEFORE PUBLISHING THE ORDERS (TDY EN ROUTE TO PCS).

THIS REGULATION SUPPORTS THE OFFICER'S STATEMENT THAT HE REMAINED ASSIGNED TO HIS OVERSEAS STATION WHILE ON TEMPORARY DUTY UNDER "OPERATION BOOTSTRAP" AND WAS EXPECTED TO RETURN TO SUCH STATION FOR CHANGE-OF- STATION PROCESSING AFTER COMPLETING THAT ASSIGNMENT.

WE HAVE HELD THAT STATION ALLOWANCES OUTSIDE THE UNITED STATES ARISE BY VIRTUE OF A PERMANENT DUTY ASSIGNMENT OUTSIDE THE 48 CONTIGUOUS STATES OR IN HAWAII OR ALASKA. 41 COMP. GEN. 144 (1961). ALSO, WE HELD THAT A MEMBER WITH DEPENDENTS WHO RESIDED IN NON-GOVERNMENT QUARTERS AT HIS ASSIGNED STATION IN ALASKA WHILE HE ATTENDED A NEARBY UNIVERSITY UNDER ORDERS WHICH PLACED HIM ON PERMISSIVE TEMPORARY DUTY FOR 125 DAYS AT NO EXPENSE TO THE GOVERNMENT WAS ENTITLED TO HOUSING AND COST-OF-LIVING ALLOWANCES FOR THE PERIOD DURING WHICH HE WAS ABSENT FROM HIS PERMANENT DUTY ASSIGNMENT ON TEMPORARY DUTY EVEN THOUGH SUCH TEMPORARY DUTY WAS NOT REGARDED AS OFFICIAL BUSINESS AND NO TRAVEL ALLOWANCES WERE AUTHORIZED. 45 COMP. GEN. 245 (1965).

WHILE MAJOR PICKERING WAS NOT ENTITLED TO TRAVEL AND TEMPORARY DUTY ALLOWANCES INCIDENT TO THE PERMISSIVE ASSIGNMENT AT THE UNIVERSITY OF SOUTHERN CALIFORNIA, WE ARE OF THE OPINION THAT HE REMAINED ASSIGNED TO THE 6499TH SPECIAL ACTIVITIES GROUP, (PACAF), APO, 96553, SAN FRANCISCO, CALIFORNIA UNTIL THE COMPLETION OF HIS TEMPORARY DUTY AT WHICH TIME HE COMMENCED TRAVEL TO HIS NEW DUTY STATION. DURING THE PERIOD HE WAS ON PERMISSIVE TEMPORARY DUTY, HIS DEPENDENTS CONTINUED TO RESIDE IN HAWAII INCIDENT TO HIS OVERSEAS ASSIGNMENT.

ACCORDINGLY, MAJOR PICKERING IS ENTITLED TO THE HOUSING AND COST-OF LIVING ALLOWANCES FOR THE PERIOD INVOLVED, THESE BEING PERMANENT STATION ALLOWANCES. THE MILITARY PAY ORDER DATED SEPTEMBER 30, 1971, AND ENCLOSURES ARE RETURNED HEREWITH, PAYMENT BEING AUTHORIZED, IF OTHERWISE CORRECT.