Request of Military Member for Reimbursement of Quarters Obtained in Private Sector

The issue presented in an appeal of a previous settlement was whether a Navy officer, without dependents, not entitled to basic allowance for quarters (BAQ), was entitled to reimbursement for obtaining quarters in the private sector when the submarine he was assigned to underwent repairs. The law and regulations contemplate that if an officer is deprived of his quarters by virtue of repairs, he is entitled to be quartered elsewhere at Government expense or, if impracticable, then be reimbursed. However, before an officer has a right to be reimbursed for privately secured quarters in such circumstances, the conditions of being deprived of quarters aboard ship and not being provided other quarters must be first met. The claimant contended that the quarters provided by the Navy yard were substandard and could not legally satisfy the requirement of providing quarters, and thereby prevent nonavailability certification. The finding of inadequacy of quarters does not establish their nonavailability. The assignment of public quarters to members of the uniformed services is primarily an administrative matter. There was nothing to support the contentiion that the bachelor officer quarters at the shipyard were uninhabitable. There is no requirement that a classification of substandard or inadequate housing requires that such facilities be immediately abandoned for all purposes. Since no valid certificate of nonavailability of quarters was issued, reimbursement for housing was not authorized.