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"in contravention to other federal statutes", citing Army
Regulation 210-50, Installations Housing Management. They
contend that this provision allows petitioner to live in Army
housing, thus proving he is on "active duty" and entitled to
allowances.
They have pointed to no specific provision of this very long
and detailed regulation. Army Regulation 210-50 (revision
effective March 26, 1999),2 par. 3-40, Authority to Occupy Army
Lodging Facilities, "When space is available," however, states
that paid retirees may occupy UPH(TDY) (unaccompanied personnel
housing, temporary duty) or GH (guest housing) facilities. On
equal footing with paid retirees for such housing on a space
available basis are certain employees of the U.S. Public Health
Service, the National Oceanographic and Atmospheric
Administration, and foreign military personnel. Surely
petitioners would not argue that the provision means that those
employees and foreign personnel are on active duty with and are
entitled to allowances from the U.S. Army. There is no
"contravention" of Army Regulation 210-50 by the language of 10
U.S.C. sec. 2031(d)(2).
Petitioners have evidently failed to take note of a more
relevant provision. Army Regulation 145-2, Junior Reserve
2Army Regulation 210-50 was revised on Sept. 1, 1997. The
1999 version is only a reorganization of the 1997 version; "No
content has been changed."
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