B-94402, MAY 5, 1950, 29 COMP. GEN. 441

B-94402, MAY 5, 1950, 29 COMP. GEN. 441

QUARTERS - BASIC ALLOWANCE - DEPENDENT PARENTS - RESIDENCE REQUIREMENTS EVEN THOUGH A MEMBER OF THE UNIFORMED SERVICES MAY BE UNABLE TO MAINTAIN A HOUSEHOLD AT ANY ONE PLACE FOR HIS DEPENDENT PARENT DURING THE TRANSIT PERIOD BETWEEN DUTY STATIONS, WHERE A DEPENDENT PARENT ACTUALLY RESIDES IN THE MEMBER'S HOUSEHOLD IMMEDIATELY PRECEDING HIS DETACHMENT FROM HIS OLD STATION AND IMMEDIATELY FOLLOWING HIS REPORTING TO HIS NEW PERMANENT DUTY STATION, THE DEPENDENT CONTINUES TO BE A MEMBER OF HIS HOUSEHOLD, WITHIN THE PURVIEW OF THE CAREER COMPENSATION ACT OF 1949, FOR THE PURPOSE OF PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT. ALTHOUGH SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 REQUIRES, FOR PURPOSES OF INCREASED QUARTERS ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES, THAT DEPENDENT PARENTS RESIDE IN THE MEMBER'S HOUSEHOLD, NO OBJECTION WILL BE MADE TO OTHERWISE PROPER ALLOWANCES FOR PERIODS OF TEMPORARY ABSENCE OF A DEPENDENT PRIOR TO THE DATE OF THE MEMBER'S DETACHMENT FROM HIS OLD STATION OR FROM THE DATE OF HIS REPORTING TO HIS NEW PERMANENT DUTY STATION, PROVIDED SUCH COMBINED PERIODS OF ABSENCE, EXCLUDING THE TIME DURING WHICH THE MEMBER IS IN TRANSIT BETWEEN STATIONS, DO NOT EXCEED A TOTAL OF THREE MONTHS. THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT UNDER THE CAREER COMPENSATION ACT OF 1949 FOR THE PERIOD IN TRANSIT BETWEEN DUTY STATIONS IS NOT AFFECTED BY THE FACT THAT HE WAS FURNISHED GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENT AT THE OLD OR NEW PERMANENT DUTY STATION. THE RIGHT OF A MEMBER OF THE UNIFORMED SERVICES TO INCREASED QUARTERS ALLOWANCE ON ACCOUNT OF A DEPENDENT PARENT UNDER THE CAREER COMPENSATION ACT OF 1949 IS NOT DEFEATED BY THE FACT THAT HIS DEPENDENT DOES NOT JOIN HIM WHILE ON TEMPORARY DUTY EN ROUTE TO A NEW PERMANENT DUTY STATION UNLESS THE MEMBER IS ENTITLED TO HAVE THE DEPENDENT PARENT TRANSPORTED TO THE TEMPORARY DUTY STATION AT GOVERNMENT EXPENSE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 5, 1950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 5, 1950, WHEREIN YOU REQUEST DECISION ON SEVERAL QUESTIONS PRESENTED IN A LETTER DATED JANUARY 20, 1950, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, TRANSMITTED THEREWITH, RELATIVE TO THE PAYMENT OF THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT UNDER THE PROVISIONS OF THE CAREER COMPENSATION ACT OF 1949, PUBLIC LAW 351, APPROVED OCTOBER 12, 1949, 63 STAT. 802.

THE FIRST QUESTION IS WHETHER THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT IS PAYABLE TO PERSONNEL FROM THE DATE IMMEDIATELY FOLLOWING THE DATE OF DETACHMENT FROM THEIR OLD PERMANENT STATIONS TO THE DATE IMMEDIATELY PRECEDING THE DATE OF REPORTING TO THEIR NEW PERMANENT DUTY STATIONS, IF ALL THE FOLLOWING CONDITIONS EXIST:

(1) THE MEMBER WAS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HIS PARENT THROUGH THE DATE OF HIS DETACHMENT FROM THE OLD PERMANENT DUTY STATION.

(2) THE MEMBER WAS ENTITLED TO SUCH ALLOWANCE ON ACCOUNT OF HIS PARENT FROM THE DATE OF REPORTING TO THE NEW PERMANENT DUTY STATION.

(3) NO GOVERNMENT QUARTERS WERE ASSIGNED TO THE MEMBER AND HIS PARENT DURING THE PERIOD BETWEEN DUTY STATIONS.

(4) DURING THE PERIOD BETWEEN DUTY STATIONS, WHICH INCLUDED AUTHORIZED PROCEED, LEAVE, AND TRAVEL TIME, THE MEMBER AND HIS PARENT WERE TOGETHER, BUT THE MEMBER WAS NOT ABLE TO MAINTAIN A HOUSEHOLD AT ANY ONE PLACE FOR HIS PARENT AND HIMSELF BECAUSE OF BEING IN TRANSIT BETWEEN DUTY STATIONS.

SECTION 302 (F) OF THE SAID CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, PRESCRIBES MONTHLY RATES OF THE BASIC ALLOWANCE FOR QUARTERS ACCORDING TO THE PAY GRADE TO WHICH ASSIGNED OR IN WHICH DISTRIBUTED FOR BASIC PAY PURPOSES, THE RATE PRESCRIBED FOR A MEMBER WITH DEPENDENTS BEING HIGHER IN MOST OF THE PAY GRADES THAN THAT OF A MEMBER WITHOUT DEPENDENTS. SECTION 102 (G) OF THE ACT, 63 STAT. 804, DEFINES THE TERM "DEPENDENT" AS INCLUDING, INTER ALIA, THE FATHER OR MOTHER OF A MEMBER, PROVIDED HE OR SHE IS IN FACT DEPENDENT ON SUCH MEMBER FOR OVER HALF OF HIS OR HER SUPPORT AND ,ACTUALLY RESIDES IN THE HOUSEHOLD OF SAID MEMBER.'

IT HAS BEEN HELD THAT IN ORDER TO QUALIFY FOR THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT, A MEMBER OF THE UNIFORMED SERVICES, AMONG OTHER THINGS, MUST MAINTAIN A HOUSEHOLD FOR HIMSELF AND HIS PARENT AT, OR CONVENIENT TO, HIS PERMANENT STATION. SEE DECISIONS OF DECEMBER 19, 1949, 29 COMP. GEN. 280, AND MARCH 21, 1950, 29 COMP. GEN. 376. HOWEVER, UNDER NORMAL CIRCUMSTANCES, THERE WOULD BE NO OCCASION FOR A MEMBER, WHILE IN A TRANSITORY STATUS INCIDENT TO A PERMANENT CHANGE OF STATION, TO MAINTAIN A HOUSEHOLD WITHIN THE MEANING OF THAT TERM AS USED IN THE STATUTE--- AS TO WHICH MEANING SEE DECISION OF DECEMBER 19, 1949, SUPRA. WHERE THE PARENT ACTUALLY RESIDES IN THE MEMBER'S HOUSEHOLD IMMEDIATELY PRECEDING THE LATTER'S DETACHMENT FROM HIS OLD STATION AND IMMEDIATELY FOLLOWING HIS REPORTING TO HIS NEW STATION THERE WOULD APPEAR TO BE AMPLE BASIS FOR THE VIEW THAT SUCH PARENT CONTINUED TO BE A MEMBER OF HIS HOUSEHOLD DURING THE INTERIM AND THAT FOR THE PURPOSES OF THE STATUTE THE PARENT SHOULD BE CONSIDERED AS CONTINUING TO RESIDE IN THE MEMBER'S HOUSEHOLD DURING THE PERIOD BETWEEN STATIONS. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE.

IN THE EVENT OF AN AFFIRMATIVE ANSWER TO THE FOREGOING QUESTION, YOU REQUEST DECISION AS TO WHETHER SUCH ANSWER WOULD BE ANY DIFFERENT IF THE CONDITIONS DESCRIBED ABOVE WERE VARIED IN ANY ONE OF FOLLOWING RESPECTS:

(1) THE MEMBER WAS OTHERWISE ENTITLED TO BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF HIS PARENT AT HIS OLD PERMANENT DUTY STATION, BUT THE PARENT DEPARTED FROM SUCH STATION PRIOR TO THE DATE OF THE MEMBER'S DETACHMENT, AND CREDIT FOR SUCH ALLOWANCE WAS, THEREFORE, WITHHELD AFTER THE PARENT'S DEPARTURE.

(2) THE MEMBER'S PARENT DID NOT JOIN HIM IN HIS HOUSEHOLD AT THE NEW PERMANENT DUTY STATION UNTIL SOME TIME AFTER THE MEMBER HAD REPORTED, BUT NO QUARTERS WERE ASSIGNED TO THE MEMBER AT HIS NEW PERMANENT DUTY STATION.

(3) THE MEMBER'S PARENT DID NOT JOIN HIM IN HIS HOUSEHOLD AT THE NEW PERMANENT DUTY STATION UNTIL SOME TIME AFTER THE MEMBER HAD REPORTED, AND BACHELOR OFFICER QUARTERS WERE OCCUPIED BY THE MEMBER AT HIS NEW PERMANENT DUTY STATION UNTIL HIS PARENT ARRIVED AND JOINED HIM IN THE HOUSEHOLD WHICH HE ESTABLISHED FOR HIMSELF AND HIS PARENT.

(4) UPON REPORTING TO THE NEW PERMANENT DUTY STATION THE MEMBER WAS ASSIGNED GOVERNMENT QUARTERS FOR HIMSELF AND HIS PARENT.

(5) THE MEMBER WAS ORDERED TO TEMPORARY DUTY BETWEEN PERMANENT DUTY STATIONS, AND OCCUPIED BACHELOR OFFICER QUARTERS WHILE ON SUCH TEMPORARY DUTY.

(6) THE MEMBER WAS ORDERED TO TEMPORARY DUTY BETWEEN PERMANENT DUTY STATIONS, AND WAS NOT ASSIGNED QUARTERS BUT HIS PARENT DID NOT JOIN HIM AT THE TEMPORARY DUTY STATION.

(7) THE MEMBER WAS ORDERED TO TEMPORARY DUTY BETWEEN PERMANENT DUTY STATIONS, AND HIS PARENT JOINED HIM IN HIS HOUSEHOLD AT THE TEMPORARY DUTY STATION.

THE ANSWER TO YOUR QUESTION WITH RESPECT TO THE FIRST THREE CATEGORIES OF PERSONNEL REFERRED TO ABOVE IS GOVERNED GENERALLY BY THE DECISION OF DECEMBER 19, 1949, SUPRA, ANSWER TO QUESTIONS (6) AND (7) 29 COMP. GEN. 280, 285, WHEREIN IT WAS HELD, QUOTING THE SYLLABUS:

ALTHOUGH SECTION 102 (G) OF THE CAREER COMPENSATION ACT OF 1949 REQUIRES, FOR PURPOSES OF INCREASED QUARTERS ALLOWANCE FOR MEMBERS OF THE UNIFORMED SERVICES, THAT DEPENDENT PARENTS RESIDE IN THE MEMBER'S HOUSEHOLD, NO OBJECTION WILL BE MADE TO OTHERWISE PROPER ALLOWANCES FOR PERIODS OF TEMPORARY ABSENCE OF THE PARENT FOR HOSPITALIZATION, SHORT VISITS, ETC., PROVIDED THE PARENT LIVED IN THE HOUSEHOLD OF THE MEMBER AT HIS PERMANENT STATION AT THE BEGINNING OF THE ABSENCE, AND RETURNED THERETO AFTER AN ABSENCE NOT EXCEEDING THREE MONTHS AT ONE TIME OR AN AGGREGATE OF NINETY- ONE DAYS IN ANY SIX MONTHS' PERIOD.

IF, IN APPLYING THE PRINCIPLES LAID DOWN IN SUCH DECISION, A MEMBER IN ANY OF THE FIRST THREE CATEGORIES REFERRED TO ABOVE COULD NOT HAVE QUALIFIED FOR THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT PARENT AT HIS OLD PERMANENT STATION ON THE DATE OF HIS DETACHMENT FROM THE OLD STATION OR AT HIS NEW PERMANENT STATION ON THE DATE OF HIS REPORTING TO THE NEW STATION THEN HE WOULD NOT BE ENTITLED TO SUCH ALLOWANCE DURING THE PERIOD HE WAS IN TRANSIT BETWEEN SUCH STATIONS. IN OTHER WORDS, IF THE PERIOD DURING WHICH THE DEPENDENT PARENT WAS ABSENT FROM THE MEMBER'S HOUSEHOLD, EXCLUDING THE PERIOD DURING WHICH SUCH MEMBER WAS IN TRANSIT BETWEEN STATIONS, EXCEEDED THREE MONTHS, THE RESIDENCY REQUIREMENT WOULD NOT BE MET SO AS TO QUALIFY THE MEMBER FOR THE INCREASED QUARTERS ALLOWANCE WHILE AT HIS STATION AND, ACCORDINGLY, HE WOULD NOT BE ENTITLED TO SUCH ALLOWANCE WHILE HE WAS IN TRANSIT. IN THE EVENT THE DEPENDENT PARENT DEPARTED FROM THE OLD PERMANENT STATION SOME TIME PRIOR TO THE MEMBER'S DETACHMENT THEREFROM, AND DID NOT JOIN HIM AT HIS NEW PERMANENT STATION UNTIL SOME TIME AFTER HE REPORTED THEREAT, THE PERIODS OF BOTH ABSENCES SHOULD BE COMBINED IN ORDER TO ASCERTAIN WHETHER OR NOT THE THREE MONTHS' PERIOD WAS EXCEEDED.

REGARDING A MEMBER IN CATEGORY (4), ABOVE, IT IS IMMATERIAL THAT HE WAS FURNISHED GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENT PARENT AT HIS NEW STATION, INSOFAR AS THE PRESENT QUESTIONS ARE CONCERNED, AND HIS RIGHT TO THE BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF SUCH DEPENDENT DURING THE PERIOD HE IS IN TRANSIT BETWEEN STATIONS WOULD NOT BE AFFECTED THEREBY. THE SAME WOULD BE TRUE IF A MEMBER HAD BEEN FURNISHED GOVERNMENT QUARTERS FOR HIMSELF AND HIS DEPENDENT PARENT AT HIS OLD STATION. CF. 25 COMP. GEN. 863.

WITH RESPECT TO CATEGORIES (5) AND (6), ABOVE, IT SHOULD BE NOTED, AS POINTED OUT ABOVE, THAT THE MEMBER'S HOUSEHOLD, IN WHICH HIS DEPENDENT PARENT MUST LIVE IN ORDER TO QUALIFY HIM FOR THE INCREASED BASIC ALLOWANCE FOR QUARTERS, IS REQUIRED TO BE MAINTAINED AT, OR CONVENIENT TO, HIS PERMANENT STATION. AND, AS ALSO NOTED ABOVE, DURING THE PERIOD INTERVENING BETWEEN A MEMBER'S DETACHMENT FROM HIS OLD PERMANENT STATION AND HIS REPORTING TO HIS NEW PERMANENT STATION THERE NORMALLY WOULD BE NO OCCASION FOR HIM TO MAINTAIN A HOUSEHOLD. HENCE, THE RIGHT OF MEMBERS FALLING WITHIN THESE TWO CATEGORIES TO THE INCREASED BASIC ALLOWANCE FOR QUARTERS WOULD NOT BE DEFEATED EXCEPT IN THOSE CASES WHERE THE MEMBER MAY BE ENTITLED TO HAVE HIS DEPENDENT PARENT TRANSPORTED TO HIS TEMPORARY STATION AT GOVERNMENT EXPENSE, IN WHICH EVENT HIS TEMPORARY STATION SHOULD BE CONSIDERED AS TANTAMOUNT TO A PERMANENT STATION FOR QUARTERS ALLOWANCE PURPOSES.

FROM WHAT IS HEREINBEFORE STATED I THINK IT APPARENT THAT MEMBERS FALLING WITHIN CATEGORY (7), ABOVE, WOULD CONTINUE TO BE ENTITLED TO THE INCREASED QUARTERS ALLOWANCE.