B-148145, JUN. 8, 1966, 45 COMP. GEN. 763

B-148145, JUN. 8, 1966, 45 COMP. GEN. 763

PAY - SAVED - ENLISTED TO WARRANT OFFICER STATUS AN ENLISTED NAVY MEMBER TEMPORARILY APPOINTED A WARRANT OFFICER, W 1, UNDER 10 U.S.C. 5596, WHO ENTITLED TO "SAVED PAY" THAT INCLUDES IN ADDITION TO BASIC PAY, SUBSISTENCE IN KIND OR A MONEY ALLOWANCE, AND QUARTERS ALLOWANCE WHEN NOT ASSIGNED TO GOVERNMENT QUARTERS OR ADEQUATE HOUSING FACILITIES, ELECTS TO RECEIVE THE LARGER SUM OF BASIC PAY AND COMMUTED RATIONS DUE HIM AS AN ENLISTED MAN, UPON REPORTING TO AN OVERSEAS DUTY STATION WHERE QUARTERS AND MESSING FACILITIES ARE UNAVAILABLE, IS ENTITLED TO "SAVED PAY" COMPUTED TO INCLUDE IN ADDITION TO BASIC PAY AND QUARTERS ALLOWANCE, THE VALUE OF A HIGHER SUBSISTENCE ALLOWANCE RATE IN LIEU OF THE COMMUTED RATIONS RATE IN EFFECT AT THE TIME OF THE MEMBER'S TEMPORARY PROMOTION, A TOTAL OF PAY AND ALLOWANCES THAT EXCEEDS THE TOTAL DUE AS A W-1, WARRANT OFFICER, THE SUBSISTENCE IN KIND AND THE MONEY ALLOWANCE IN LIEU THEREOF, PRESCRIBED ON THE BASIS OF THE CONDITIONS UNDER WHICH DUTY IS PERFORMED, BEING ALTERNATIVES OF THE SAME BASIC ALLOWANCE.

TO LIEUTENANT R. LANGLAIS, DEPARTMENT OF THE NAVY, JUNE 8, 1966:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 17, 1966, AND ENCLOSURES, REQUESTING DECISION AS TO THE PROPRIETY OF CREDITING A BASIC ALLOWANCE FOR SUBSISTENCE ($2.57 PER DAY), EFFECTIVE MARCH 9, 1966, IN THE PAY ACCOUNT OF WARRANT OFFICER DELBERT D. DUBSON, 697162, USN, WHILE ATTACHED TO COMNAVACTS, LONDON, ENGLAND. YOUR REQUEST WAS ASSIGNED SUBMISSION NUMBER DO-N-904 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

ON OCTOBER 1, 1965, MR. DUBSON, WHOSE PERMANENT STATUS IN THE NAVY IS THAT OF AN ENLISTED MEMBER (ENLISTED PAY GRADE E-9), WAS TEMPORARILY APPOINTED A WARRANT OFFICER (W-1). IT HAS BEEN ASCERTAINED, INFORMALLY, THAT SUCH TEMPORARY APPOINTMENT WAS ACCOMPLISHED UNDER 10 U.S.C. 5596. SUBSECTION (F) OF SECTION 5596 PROVIDES AS FOLLOWS:

TEMPORARY APPOINTMENTS UNDER THIS SECTION DO NOT CHANGE THE PERMANENT, PROBATIONARY, OR ACTING STATUS OF MEMBERS SO APPOINTED, PREJUDICE THEM IN REGARD TO PROMOTION OR APPOINTMENT, OR ABRIDGE THEIR RIGHTS OR BENEFITS. A PERSON RECEIVING A TEMPORARY APPOINTMENT UNDER THIS SECTION MAY NOT SUFFER ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED BECAUSE OF HIS PERMANENT STATUS AT THE TIME OF HIS TEMPORARY APPOINTMENT, OR ANY REDUCTION IN THE PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED UNDER A PRIOR TEMPORARY APPOINTMENT IN A LOWER GRADE.

IT APPEARS THAT AS AN ENLISTED MEMBER MR. DUBSON WAS ENTITLED ON OCTOBER 1, 1965, TO BASIC PAY AT THE RATE OF $540.60 A MONTH AND UNDER THE PROVISIONS OF 37 U.S.C. 402 (B) (2) HE WAS IN RECEIPT OF BASIC ALLOWANCE FOR SUBSISTENCE ON A COMMUTED RATIONS BASIS (ENLISTED MEMBER AUTHORIZED TO MESS SEPARATELY) AT THE RATE OF $1.09 PER DAY. THE MONTHLY TOTAL OF THESE TWO ITEMS EXCEEDED THE TOTAL MONTHLY AMOUNT DUE HIM AS A WARRANT OFFICER (W-1) AND ENCLOSURE (1) TO YOU LETTER INDICATES THAT HE ELECTED TO RECEIVER THE FORMER AS AUTHORIZED IN PARAGRAPH 044022-1A2, NAVY COMPTROLLER MANUAL, VOLUME 4, I.E., "THE PAY AND ALLOWANCES THAT HE WAS ENTITLED TO RECEIVE AT THE TIME THAT HIS APPOINTMENT * * * BECAME EFFECTIVE FOR PAY PURPOSES.'

ALTHOUGH HIS COMMUTED RATIONS STATUS TERMINATED ON OCTOBER 29, 1965, MR. DUBSON REMAINED ON A SAVED PAY BASIS AND ON DECEMBER 13, 1965, THE DAY FOLLOWING THE DATE THAT HIS DEPENDENTS VACATED GOVERNMENT QUARTERS HE BECAME ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS AT THE RATE OF $120 A MONTH. IT IS FURTHER SHOWN IN ENCLOSURE (1) OF YOUR LETTER THAT MR. DUBSON REPORTED TO COMNAVACTS, LONDON, ENGLAND, ON JANUARY 5, 1966, WHERE NO QUARTERS OR MESSING FACILITIES ARE AVAILABLE AND THAT COMMENCING JANUARY 8, 1966, HE WAS IN RECEIPT OF A TEMPORARY LODGING ALLOWANCE WHICH TERMINATED NO LATER THAN MARCH 8, 1966, AS PROVIDED IN PARAGRAPH M4303-2B, JOINT TRAVEL REGULATIONS.

UNDER APPLICABLE PROVISIONS OF LAW AN ENLISTED MEMBER IS ENTITLED TO A BASIC ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS IN THE AMOUNT OF $2.57 PER DAY "WHEN RATIONS IN KIND ARE NOT AVAILABLE.' 37 U.S.C. 402 (A), (B) (1) AND (D). ALSO, AN ENLISTED MEMBER IN ENLISTED PAY GRADE E-9 WHO HAS DEPENDENTS AS DEFINED IN 37 U.S.C. 401 AND WHO IS NOT ASSIGNED GOVERNMENT QUARTERS OR HOUSING FACILITIES ADEQUATE FOR HIMSELF AND HIS DEPENDENTS IS ENTITLED, GENERALLY, UNDER THE PROVISIONS OF37 U.S.C. 403 TO A BASIC ALLOWANCE FOR QUARTERS IN THE AMOUNT OF $120 A MONTH.

IN DECISION OF APRIL 12, 1962, 41 COMP. GEN. 663, THIS OFFICE EXPRESSED THE VIEW THAT THE BASIC ALLOWANCE FOR SUBSISTENCE PRESCRIBED BY LAW FOR ENLISTED MEMBERS (THE SPECIFIC AMOUNT THEREOF DEPENDING UPON THE PARTICULAR CONDITIONS UNDER WHICH THE DUTY OF THE ENLISTED MEMBER IS BEING PERFORMED) AND SUBSISTENCE IN KIND ARE ALTERNATIVES OF THE SAME BASIC ALLOWANCE AND THAT:

* * * AN ENLISTED MEMBER WHO IS OTHERWISE ENTITLED TO SAVED PAY AND ALLOWANCES IS ENTITLED TO CONTINUE TO RECEIVE EITHER SUBSISTENCE IN KIND OR A MONEY ALLOWANCE IN LIEU THEREOF AS AN ITEM OF HIS SAVED PAY AND ALLOWANCES SO LONG AS HE QUALIFIED FOR ONE OR THE OTHER.

THE SAME VIEW WAS EXPRESSED CONCERNING THE BASIC ALLOWANCE FOR QUARTERS PRESCRIBED IN SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, CH. 681, 63 STAT. 812 (NOW CURRENTLY COVERED BY THE PROVISIONS OF 37 U.S.C. 403), IT BEING SAID THAT:

SINCE QUARTERS IN KIND AND THE MONEY ALLOWANCE MUST BE REGARDED AS ALTERNATIVES OF THE SAME BASIC ALLOWANCE, SUCH ALLOWANCE IS ONE OF THE ITEMS PROPERLY FOR CONSIDERATION IN DETERMINING WHETHER OR NOT A MEMBER OF THE UNIFORMED SERVICES IS ENTITLED TO SAVED PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE CITED SECTIONS (INCLUDING SECTION 5596 (F) ( OF TITLE 10 OF THE U.S.C.

THUS, MR. DUBSON'S "SAVED PAY" STATUS COMMENCING OCTOBER 1, 1965, INCLUDED IN ADDITION TO HIS BASIC PAY, THE RIGHT TO RECEIVE SUBSISTENCE IN KIND OR A MONEY ALLOWANCE IN LIEU THEREOF (DEPENDING UPON THE ACTUAL CONDITIONS OF SERVICE AT HIS DUTY STATION), AND THE RIGHT TO RECEIVE AN ALLOWANCE FOR QUARTERS WHEN NOT ASSIGNED TO GOVERNMENT QUARTERS OR HOUSING FACILITIES ADEQUATE FOR HIMSELF AND HIS DEPENDENTS.

EFFECTIVE FROM MARCH 9, 1966, MR. DUBSON WAS ENTITLED AS A WARRANT OFFICER (W-1) TO BASIC PAY IN THE MONTHLY AMOUNT OF $472.50, AN OFFICER'S SUBSISTENCE ALLOWANCE OF $47.88 A MONTH, QUARTERS ALLOWANCE AS AN OFFICER WITH DEPENDENTS AT $110.10 PER MONTH, A STATION COST-OF LIVING ALLOWANCE AT $0.60 PER DAY OR $18, AND A STATION HOUSING ALLOWANCE AT $2.40 PER DAY OR $72, A TOTAL OF $720.48 FOR A 30-DAY MONTH. AS AN ENLISTED MEMBER IN ENLISTED PAY GRADE E-9, MR. DUBSON WAS ENTITLED ON THAT SAME DATE, MARCH 9, 1966, TO BASIC PAY AT $540.60 PER MONTH, BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF DEPENDENTS AT $120 PER MONTH AND TO AN ALLOWANCE FOR SUBSISTENCE ON A DAILY BASIS THE AMOUNT OF WHICH RAISES THE SPECIFIC ISSUE HEREIN PRESENTED, NAMELY, WHETHER HE IS ENTITLED ON A SAVED PAY BASIS TO A CREDIT OF COMMUTED RATIONS AT $1.14 PER DAY ONLY OR TO AN ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $2.57 PER DAY PRESCRIBED FOR ENLISTED MEMBERS WHEN RATIONS IN KIND ARE NOT AVAILABLE.

BASIC PAY, BASIC ALLOWANCE FOR QUARTERS AND BASIC ALLOWANCE FOR SUBSISTENCE (INCLUDING COMMUTED RATIONS) ARE THE FIRST THREE ITEMS LISTED IN SUBPARAGRAPH 2 OF PARAGRAPH 044022, NAVY COMPTROLLER MANUAL, VOLUME 4, TO BE INCLUDED IN THE COMPUTATION OF SAVED PAY AND ALLOWANCES. SUBPARAGRAPH 2 EXPRESSLY PROVIDES THAT AS THE BASIC ALLOWANCE FOR QUARTERS AND QUARTERS IN KIND ARE REGARDED AS ALTERNATIVES "BASIC ALLOWANCE FOR QUARTERS MAY BE CONTINUED AS AN ITEM OF SAVED PAY AND WILL BE PAID WHENEVER IT IS NOT FORFEITED BECAUSE OF ASSIGNMENT TO GOVERNMENT QUARTERS.' SUBSISTENCE IN KIND AND THE PRESCRIBED MONEY ALLOWANCE IN LIEU THEREOF ARE ALSO ALTERNATIVES (SEE 41 COMP. GEN. 663) NOTWITHSTANDING THAT THE SPECIFIC DAILY AMOUNT THEREOF DEPENDS UPON THE PARTICULAR CONDITIONS UNDER WHICH THE DUTY OF THE ENLISTED MEMBER CURRENTLY IS BEING PERFORMED. SEE CLAUSES (1), (2) AND (3) IN SECTION 402 (B), TITLE 37, U.S.C. THEREFORE, SINCE RATIONS IN KIND ARE NOT AVAILABLE TO HIM IN LONDON, MR. DUBSON IS ENTITLED ON A SAVED PAY BASIS TO THE ALTERNATIVE BASIC SUBSISTENCE ALLOWANCE OF $2.57 PER DAY. COMPUTED ON THAT BASIS HIS SAVED PAY AS AN ENLISTED MEMBER TOTALS $737.70 FOR A 30-DAY MONTH. YOUR QUESTION IS ANSWERED ACCORDINGLY.