Stanley K. and Sandra B. Evanko - Page 8

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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                
               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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