SUMMARY: This Instruction reissues Title 37, United State Code, sections 401 and 403, and contains changes which restate policy in regard to assignment of public quarters for members of the Uniformed Services or entitlement to the basic allowance for quarters. These changes are in consonance, where applicable, with the Supreme Court decision, "Frontiero vs. Richardson," May 14, 1973, which held as unconstitutional those provisions which provided for different treatment of the female member in the application of dependency criteria for purposes of entitlement to the basic allowance for quarters.  These changes are in consonance, where applicable, with the Supreme Court decision, Frontiero v. Richardson, May 14, 1973, which held as unconstitutional those provisions of sections 401 and 403 of Title 37, U.S.C., which provided for different treatment of the female member in the application of dependency criteria for purposes of entitlement to the basic allowance for quarters.  DoD Instruction 1338.1, January 30, 1964 (hereby canceled), ASD (M&RA) memorandum, "Military Family Housing or Allowance for Quarters--Female Members," June 15, 1973 (hereby canceled), and ASD (M&RA) memorandum, "Military Family Housing Eligibility - Husband and Wife members," September 13, 1973 (hereby canceled) are hereby superseded and canceled.

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OPR:  PDUSD(P&R), 703-697-2121