ACN 004/21 - JAN 2021 CLARIFICATION OF CONTINUOUS DUTY ON BOARD A SHIP REQUIRED FOR FAMILY SEPARATION ALLOWANCE (FSA-S)

united states coast guard

R 141526Z JAN 21
FM COMDT COGARD WASHINGTON DC
TO ALCOAST COMDT NOTICE

UNCLAS
ACN 004/21
SSIC 7220
SUBJ:  CLARIFICATION OF CONTINUOUS DUTY ON BOARD A SHIP REQUIRED
FOR FAMILY SEPARATION ALLOWANCE (FSA-S)
A. William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, Section 615
B. Title 37 U. S. Code, Section 427 – Family Separation Allowance
C. Coast Guard Pay Manual, COMDTINST M7220.29 (series)
1. This ACN implements the provision in Section 615 of REF (A)
that amends Subsection 427(a)(1)(B) of REF (B) to include the
periods in home port before, during, and following a cutter’s
deployment away from home port to be included in the 30 day
qualifying period for FSA-S, so long as the with-dependent
crewmembers (permanently or temporarily assigned) are ordered
to remain aboard that vessel while in home port.
2. Effective 01 JAN 2021, Subsection 3.H.11.c. of REF (C) is
amended as follows:
    a. After the Subsection 3.H.11.c. title “FSA-S For Single
Periods.” the section paragraph beginning with the words
“Credit for FSA-S . . .” is re-numbered as Subsection 3.H.11.c.(1).
    b. After the new Subsection 3.H.11.c.(1), insert the following
new subsection:
    “(2) In cases when a vessel remains in home port prior to
a deployment, temporarily returns to home port during deployment,
and upon return to home port following deployment and the crew
is ordered to remain aboard the vessel while it is at or in the
vicinity of its home port (e.g., moored, anchored, or operating
in the waters immediately within the vicinity of the home port),
those periods may be included as part of the 30-day qualifying
period of being continuously away from home port for FSA-S
eligibility and the total period for which FSA-S is payable
to eligible crewmembers.
           (a) If a with-dependent crewmember goes ashore at the
home port for any reason (other than those in Subsection
3.H.11.c.(2)(b) below) while their vessel is at or in the
vicinity of its home port during the periods described in
3.H.11.c.(2) above as creditable for the 30 continuous days
away from home port qualifying period and the crew is otherwise
ordered to remain aboard, the 30 continuous day FSA-S qualifying
period eligibility will be re-started for that member. In these
cases, FSA-S qualifying period for with-dependent members going
ashore will begin on the day following the crewmember’s return
to their cutter while it remains away from home port or, if in
home port, so long as the crew is ordered to remain aboard
the vessel.
           (b) If a with-dependent crewmember goes ashore at the
home port for the following reasons while their vessel is at
or in the vicinity of its home port during the periods described
in 3.H.11.c.(2) above as creditable for the 30 continuous days
away from home port qualifying period and the crew is otherwise
ordered to remain aboard, the 30 continuous day FSA-S qualifying
period eligibility will not be affected under the following
circumstances:  
                i. Immediate transfer with no delay in reporting
(other than necessary travel time) to another vessel that is
away from home port or if in home port, the crew has been
ordered to remain aboard;
                ii. Immediate transfer with no delay in reporting
(other than necessary travel time) to inpatient hospitalization; or
                iii. Immediately begin travel with no delay in reporting
(other than necessary travel time) to a TDY station at a place
not in the vicinity of their dependents; or
           (c) The policy described in Subsection 3.H.11.c.(2) of
this manual does not apply to similar circumstances that occurred
prior to 01 JAN 2021. This limitation is not subject to exception
or waiver.”
3. Examples:
    a. A cutter departs its home port on 15 June, but a system
failure requires its return to home port on 20 June for two
days to receive necessary parts and effect repairs. During
the two inport days for repairs, the crew is ordered to remain
aboard the cutter. The cutter departs home port on 22 June and
returns to home port on 15 July. Since the mid-deployment return
to home port was accompanied by an order by the CO for the crew
to remain aboard for the two day period, the two-day inport
period is creditable towards the 30 continuous days away from
home port requirement for FSA-S eligibility and the with-dependent
crewmembers that complied with the order to remain aboard the
cutter are entitled to $250 FSA-S payment for the entire period.
    b. In the example in subsection 3.a. above, a with-dependent
member is granted leave to depart the cutter on 20 June and
returns to duty on 22 June in time to sail with the cutter
for the rest of the deployment. In this case, upon return
to home port on 15 July, all with-dependent crewmembers other
than the one granted leave are entitled to the $250 FSA-S
payment. The crewmember granted leave did not remain aboard
the cutter for the entire 31 day deployment and thus did not
complete the requirement for FSA-S eligibility. Had the member
that was granted leave been without dependents, the leave that
was granted mid-deployment would have no effect on the other
with-dependent crewmembers’ FSA-S eligibility.
     c. A cutter is scheduled to deploy away from home port on
15 June, but due to pandemic concerns, the crew is ordered to
report and remain aboard the cutter at home port on 01 June in
quarantine until its deployment date. The cutter deploys on
15 June and returns to home port on 15 July. The 15 day pre-
deployment quarantine period is thus creditable towards to
requirement to be away from home port for 30 consecutive days
and the FSA-S qualifying period is attained on 31 June. The
with-dependent crewmembers that remained aboard for the entire
period of onboard quarantine and subsequent deployment away
from home port are entitled to FSA-S for the period of 01 June
to 15 July.
     d. A cutter departs its home port on 15 June and returns
to home port on 15 July. However, due to concerns that the
crew was exposed to Covid-19 on an inport period that was not
its home port, local public health concerns require the crew
to remain aboard the cutter for 14 days following its return
to home port on 15 July. Since the post-deployment return to
home port was accompanied by an order by the CO for the crew
to remain aboard for the 14 day period, the period of 15 June
thru 29 July is creditable for FSA-S eligibility.
4. This FSA-S policy will be incorporated into the next version
of REF (C) within the next year.
5. POC: Mr. Peter Q. Bekken, Peter.Q.Bekken@uscg.mil or IM.
6. Released by RADM J. M. Nunan, Assistant Commandant for Human
Resources (CG-1).
7. Internet release is authorized.