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1999)2, par. 3-40, Authority to Occupy Army Lodging Facilities,
“When space is available,” however, it 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, National
Oceanographic and Atmospheric Administration, and foreign
military personnel. Surely, petitioners would not argue that the
provision means that those Federal employees and foreign military
personnel are on active duty with and are entitled to allowances
from the U.S. Army. There is no connection between the
availability of housing and the operation of 10 U.S.C. sec.
2031(d)(2).
Petitioners have failed to take note of a more relevant
provision. Army Regulation (AR) 145-2, Junior Reserve Officers'
Training Corps Program, Organization, Administration, Operation,
and Support (revision effective March 24, 2000), par. 4-20,
states that “Although an instructor may receive an amount ‘equal’
to the military pay and allowances he or she would receive if on
active duty, the payments he or she receives are not, in fact,
military pay and allowances paid by the Army.”
2AR 210-50 was revised as of October 3, 2005. The substance
of the revised regulation is the same. See AR 210-50, 3-3
(Eligibility for family housing), 3-33 (Assignment of housing to
civilian employees), 3-34 (Assignment of housing to foreign
military personnel).
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