A-10360, SEPTEMBER 15, 1925, 5 COMP. GEN. 197

A-10360: Sep 15, 1925

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IS PAYABLE TO SUCH ENLISTED MEN ONLY WHEN ON DUTY. THERE IS NO LAW AUTHORIZING SUCH ALLOWANCE TO ENLISTED MEN WHILE ON FURLOUGH. WAS. NO PUBLIC QUARTERS WERE AVAILABLE AT THIS STATION FOR ASSIGNMENT TO CLAIMANT AND BY SPECIAL ORDER NO. 294. IT WAS DIRECTED THAT CLAIMANT BE PAID THE MONETARY ALLOWANCE IN LIEU OF QUARTERS. IT IS URGED BY CLAIMANT THAT DURING THE PERIOD WHILE HE WAS ON FURLOUGH HE WAS ENTITLED TO CONTINUE TO RECEIVE THE 75 CENTS PER DAY ALLOWANCE FOR QUARTERS. WHICH HE WAS RECEIVING AT THE TIME OF THE COMMENCEMENT OF HIS FURLOUGH. IS PAYABLE TO SUCH ENLISTED MEN ONLY WHEN ON DUTY. THERE IS NO LAW AUTHORIZING COMMUTATION OF QUARTERS FOR ENLISTED MEN OF THE ARMY WHILE ON FURLOUGH.

A-10360, SEPTEMBER 15, 1925, 5 COMP. GEN. 197

QUARTERS ALLOWANCE - ENLISTED MEN OF THE ARMY ON FURLOUGH THE QUARTERS ALLOWANCE FOR ENLISTED MEN OF THE ARMY AUTHORIZED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND FIXED AS TO AMOUNT BY EXECUTIVE ORDER OF JUNE 19, 1922, IS PAYABLE TO SUCH ENLISTED MEN ONLY WHEN ON DUTY. THERE IS NO LAW AUTHORIZING SUCH ALLOWANCE TO ENLISTED MEN WHILE ON FURLOUGH.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 15, 1925:

CHARLES J. LAZARUS, STAFF SERGEANT, UNITED STATES ARMY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 077481, DATED FEBRUARY 24, 1925, DISALLOWING HIS CLAIM FOR $45 FOR MONETARY ALLOWANCE FOR QUARTERS DURING THE PERIOD FROM AUGUST 2 TO SEPTEMBER 30, 1924.

IT APPEARS THAT CLAIMANT WHILE ON DUTY IN THE OFFICE OF THE FINANCE OFFICER, BROOKLYN, N.Y., WAS, ON AUGUST 1, 1924, UNDER THE PROVISIONS OF ARMY REGULATIONS 615-275, GRANTED A FURLOUGH EXTENDING TO SEPTEMBER 30, 1924.

NO PUBLIC QUARTERS WERE AVAILABLE AT THIS STATION FOR ASSIGNMENT TO CLAIMANT AND BY SPECIAL ORDER NO. 294, HEADQUARTERS SECOND CORPS AREA,GOVERNORS ISLAND, N.Y., DATED DECEMBER 13, 1923, IT WAS DIRECTED THAT CLAIMANT BE PAID THE MONETARY ALLOWANCE IN LIEU OF QUARTERS, AS PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND THE EXECUTIVE ORDER OF JUNE 19, 1922, PROMULGATED THEREUNDER.

IT IS URGED BY CLAIMANT THAT DURING THE PERIOD WHILE HE WAS ON FURLOUGH HE WAS ENTITLED TO CONTINUE TO RECEIVE THE 75 CENTS PER DAY ALLOWANCE FOR QUARTERS, WHICH HE WAS RECEIVING AT THE TIME OF THE COMMENCEMENT OF HIS FURLOUGH.

THE QUARTERS ALLOWANCES FOR ENLISTED MEN OF THE ARMY AUTHORIZED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, SUPRA, AND FIXED AS TO AMOUNT BY EXECUTIVE ORDER OF JUNE 19, 1922, IS PAYABLE TO SUCH ENLISTED MEN ONLY WHEN ON DUTY. THERE IS NO LAW AUTHORIZING COMMUTATION OF QUARTERS FOR ENLISTED MEN OF THE ARMY WHILE ON FURLOUGH. DECISION TO THE SECRETARY OF WAR, DATED OCTOBER 18, 1924, 38 MS. COMP. GEN. 570.