B-179189, APR 3, 1974, 53 COMP GEN 740

B-179189, APR 3, 1974, 53 COMP GEN 740

QUARTERS ALLOWANCE - TEMPORARY DUTY - BETWEEN COMPLETION OF BASIC TRAINING AND PERMANENT DUTY ASSIGNMENT AN ENLISTED MEMBER WITHOUT DEPENDENTS IN PAY GRADE E-4 (LESS THAN 4 YEARS' SERVICE) OR BELOW WHILE PERFORMING TEMPORARY DUTY BETWEEN THE DATE HE COMPLETES BASIC TRAINING AND THE DATE HE RECEIVES ORDERS NAMING A PERMANENT DUTY STATION TO WHICH HE WILL REPORT ON COMPLETION OF TEMPORARY DUTY IS NOT IN A TRAVEL STATUS AND IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE TO HIM WHILE SERVING AT THE PLACE OF PERFORMANCE OF HIS BASIC DUTY ASSIGNMENT, WHICH MAY BE REGARDED AS HIS PERMANENT STATION FOR THIS PURPOSE.

TO THE SECRETARY OF DEFENSE, APRIL 3, 1974:

REFERENCE IS MADE TO LETTER OF JULY 11, 1973, FROM THE PRINCIPAL DEPUTY ASSISTANT SECRETARY OF DEFENSE (COMPTROLLER), WITH ENCLOSURE, REQUESTING A DECISION AS TO WHETHER AN ENLISTED MEMBER WITHOUT DEPENDENTS, IN PAY GRADE E-4 (LESS THAN 4 YEARS' SERVICE) OR BELOW, IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS WHEN GOVERNMENT QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT TO HIM WHILE PERFORMING TEMPORARY DUTY BETWEEN THE DATE HE COMPLETES BASIC TRAINING AND THE DATE HE RECEIVES ORDERS NAMING A SPECIFIC PERMANENT DUTY STATION TO WHICH HE WILL REPORT UPON COMPLETION OF TEMPORARY DUTY. THE QUESTION IS DISCUSSED IN COMMITTEE ACTION NO. 487, DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE, A COPY OF WHICH WAS ENCLOSED WITH THE PRINCIPAL DEPUTY ASSISTANT SECRETARY'S LETTER.

THE COMMITTEE ACTION INDICATES THAT THE NAVY AREA AUDIT SERVICE WASHINGTON HAS ISSUED AUDIT EXCEPTIONS AGAINST BASIC ALLOWANCE FOR QUARTERS PAYMENTS MADE TO ENLISTED MEMBERS IN THE AFORESAID CATEGORY. THE BASIS FOR THESE EXCEPTIONS WAS THAT THE MEMBERS WERE IN A TRAVEL STATUS BETWEEN PERMANENT DUTY STATIONS AND WERE NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS UNDER 37 U.S.C. 403(F) AND RULE 15, TABLE 3-2-3, DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCES ENTITLEMENTS MANUAL (DODPM).

ADDITIONALLY, WE ARE INFORMED AS FOLLOWS:

IT IS THE COMMITTEE'S VIEW THAT A MEMBER IN THIS CATEGORY IS NOT IN A "TRAVEL STATUS" AT THE STATION WHERE HE IS PERFORMING TEMPORARY DUTY, BECAUSE THAT STATION IS HIS ONLY DESIGNATED POST OF DUTY, 39 COMP. GEN. 511. HENCE, 37 U.S.C. 403(F) AND RULE 15, TABLE 3-2-3, DODPM, HAVE NO APPLICATION IN THE CIRCUMSTANCES. SINCE THE STATION TO WHICH HE IS ASSIGNED FOR TEMPORARY DUTY IS THE MEMBER'S "PERMANENT STATION" FOR PAY AND ALLOWANCES PURPOSES, HE IS ENTITLED TO BASIC ALLOWANCE FOR QUARTERS WHILE AT THAT STATION IF GOVERNMENT QUARTERS ARE NOT AVAILABLE FOR ASSIGNMENT TO HIM. COMPARE 48 COMP. GEN. 490.

IN ACCORD WITH 37 U.S.C. 403, UNDER THE PROVISIONS OF RULE 1, TABLE 3 2- 3, DODPM, MEMBERS WITHOUT DEPENDENTS, ENTITLED TO BASIC PAY, WHO ARE ASSIGNED TO A PERMANENT STATION ACCRUE BASIC ALLOWANCE FOR QUARTERS IF GOVERNMENT QUARTERS OR HOUSING FACILITIES ARE NOT ASSIGNED.

FURTHER, BASIC ALLOWANCE FOR QUARTERS DOES NOT ACCRUE AFTER DATE OF DEPARTURE FROM OLD STATION FOR MEMBERS IN PAY GRADE E-4 (LESS THAN 4 YEARS' SERVICE) OR LOWER, IN A TRAVEL STATUS ON PERMANENT CHANGE OF STATION, INCLUDING LEAVE EN ROUTE AND PROCEED TIME. RULE 15, TABLE 3-2 3, DODPM.

PARAGRAPH M3050-1 OF THE JOINT TRAVEL REGULATIONS (JTR), PROVIDES THAT "MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS, ONLY WHILE ACTUALLY IN A 'TRAVEL STATUS'. THEY SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS ***."

PARAGRAPH M1150-10A OF THE JTR DEFINES THE TERM "PERMANENT STATION" AS THE POST OF DUTY OR OFFICIAL STATION TO WHICH A MEMBER IS ASSIGNED OR ATTACHED FOR DUTY OTHER THAN TEMPORARY DUTY OR TEMPORARY ADDITIONAL DUTY. THE TERM "PERMANENT STATION" FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES HAS CONSISTENTLY BEEN APPLIED AS HAVING REFERENCE TO THE PLACE WHERE THE MEMBER'S BASIC DUTY ASSIGNMENT IS PERFORMED (38 COMP. GEN. 853 (1959); 41 ID. 726 (1962); 44 ID. 670 (1965); 48 ID. 490 (1969)).

WHERE A MEMBER IS ORDERED TO ACTIVE DUTY FROM HIS HOME, AND ASSIGNED TO TEMPORARY DUTY UPON COMPLETION OF WHICH HE IS TO RECEIVE A FURTHER ASSIGNMENT, HE MAY NOT BE CONSIDERED AS BEING AWAY FROM HIS DESIGNATED POST OF DUTY SO AS TO BE ENTITLED TO PER DIEM ALLOWANCE, THE PLACE AT WHICH HE IS SERVING CONSTITUTING HIS ONLY DESIGNATED POST OF DUTY AND, THEREFORE, WHILE SO SERVING HE WOULD NOT BE TRAVELING AWAY FROM HIS PERMANENT STATION. SEE 39 COMP. GEN. 511 (1960).

CONSEQUENTLY, A MEMBER INITIALLY ASSIGNED TO A STATION FOR BASIC TRAINING, WHO AFTER COMPLETION OF SUCH TRAINING PERFORMS DUTY AT THAT LOCATION PENDING THE RECEIPT OF ORDERS DESIGNATING A SPECIFIC DUTY STATION TO WHICH HE WILL REPORT, IS NOT IN A TRAVEL STATUS AND, THEREFORE, IS NOT ENTITLED TO PER DIEM ALLOWANCE.

IN SUCH CIRCUMSTANCES, IN THE ABSENCE OF GOVERNMENT QUARTERS AVAILABLE FOR ASSIGNMENT TO THE MEMBER DURING THE PERIOD SUBSEQUENT TO BASIC TRAINING, BASIC ALLOWANCE FOR QUARTERS MAY BE AFFORDED TO THE MEMBER WHO IS SERVING AT THE PLACE OF PERFORMANCE OF HIS BASIC DUTY ASSIGNMENT, WHICH MAY BE REGARDED AS HIS PERMANENT STATION FOR THIS PURPOSE.

ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE.