Executive Order 10204—Prescribing Regulations Governing the Payment of Basic Allowances for Quarters

By virtue of and pursuant to the authority vested in me by section 302 of the Career Compensation Act of 1949, approved October 12, 1949 (Public Law 351, 81st Congress), and as President of the United States and Commander in Chief of the armed forces of the United States, I hereby prescribe the following regulations governing the payment of basic allowances for quarters to members of the uniformed services.

1. Definitions. As used in these regulations or regulations prescribed pursuant hereto:

(a) The term "entitled to receive basic pay" shall apply to a member while on the active list or while required to perform duty in accordance with law for which he is entitled to basic pay; Provided, that such term shall not apply to any member while absent from duty under conditions which, under laws governing the particular service concerned, would prevent him from receiving full basic pay.

(b) The term "field duty" shall mean service by a member under orders with troops operating against an enemy, actual or potential, or service with troops on maneuvers, war games, field exercises, or similar types of operations.

(c) The term "sea duty" shall mean service performed by either officer or enlisted members under conditions for which "sea duty" pay is payable to enlisted members in accordance with section 206 of the said Career Compensation Act of 1949, and regulations issued thereunder.

(d) The term "permanent station" shall mean the place on shore where a member is assigned to duty, or the home yard or the home port of a ship in which a member is required to perform duty under orders in each case which do not in terms provide for the termination thereof; and any station on shore or any receiving ship where a member is assigned and in fact occupies, with his dependents, if any, quarters under the jurisdiction of any of the uniformed services shall also be deemed during such occupancy to be his permanent station: Provided, that in the case of members of the National Guard, the Air National Guard or Reserve components of any of the uniformed services on active duty for training, the place where the training duty is being performed shall be deemed to be the permanent station of such members for the purposes of these regulations.

2. Except as otherwise by statute heretofore or hereafter provided, a member shall be entitled to payment of basic allowances for quarters, in accordance with these regulations and any regulations prescribed pursuant hereto, during such time or times as he is entitled to receive basic pay.

3. Any quarters or housing facilities under the jurisdiction of any of the uniformed services in fact occupied without payment of rental charges (a) by a member and his dependents, or (b) at his permanent station by a member without dependents, or (c) by the dependents of a member on field duty or on sea duty or on duty at a station where adequate quarters are not available for his dependents, shall be deemed to have been assigned to such member as appropriate and adequate quarters, and no basic allowance for quarters shall accrue to such member under such circumstances unless the occupancy is because of a social visit of a temporary nature.

4. When adequate quarters for his dependents are not available for assignment at his permanent station to a member with dependents, he may occupy not more than one room and a bath at such station, without affecting his right to receive payment of basic allowances for quarters, if permitted or required personally to occupy quarters at such station.

5. A member away from his permanent station may occupy not more than one room and a bath at his temporary post or station without affecting his right to receive payment of basic allowances for quarters, or to assignment of quarters at his permanent station.

6. The Secretaries concerned (within the meaning of section 102(f) of the said Career Compensation Act of 1949), with respect to personnel of the uniformed services within their respective departments and agency, are hereby authorized to prescribe such supplementary regulations not inconsistent herewith as they may deem necessary or desirable for carrying out these regulations, and such supplementary regulations shall be uniform for all the services to the fullest extent practicable.

7. This order shall become effective on February 1, 1951.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 15, 1951