A-1235, NOVEMBER 19, 1924, 4 COMP. GEN. 460

A-1235: Nov 19, 1924

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WAS GRANTED ACCRUED LEAVE OF ABSENCE IS ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS WHILE ON SAID LEAVE. NOTWITHSTANDING HIS RETURN TO DUTY AT ITS EXPIRATION WAS NOT CONTEMPLATED. WHEREIN WERE DISALLOWED CREDITS ON VOUCHERS NOS. 58 AND 59. IT APPEARS THAT SURGEON WITTE WAS GRANTED THREE MONTHS' ANNUAL LEAVE OF ABSENCE FROM NOVEMBER 16. WHILE HE WAS ATTACHED TO HIS REGULAR STATION IN CHICAGO. WAS IN RECEIPT OF RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS. THAT ON EXPIRATION OF ACCRUED LEAVE HE WAS GRANTED EXTENDED LEAVE. HE WAS PAID BY CLAIMANT ON VOUCHERS NOS. 58 AND 59 RENTAL ALLOWANCE FOR DECEMBER. WHICH AMOUNTS WERE DISALLOWED. AS THERE WAS NO RETURN TO DUTY CONTEMPLATED ON EXPIRATION OF ACCRUED LEAVE.

A-1235, NOVEMBER 19, 1924, 4 COMP. GEN. 460

RENTAL ALLOWANCE WHILE ON LEAVE - RETURN TO DUTY NOT CONTEMPLATED - PUBLIC HEALTH SERVICE OFFICERS AN OFFICE OF THE PUBLIC HEALTH SERVICE WHO, WHILE ATTACHED TO A PERMANENT STATION AND IN RECEIPT OF RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS ON ACCOUNT OF THERE BEING NO PUBLIC QUARTERS AVAILABLE AT THE STATION, WAS GRANTED ACCRUED LEAVE OF ABSENCE IS ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS WHILE ON SAID LEAVE, UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, NOTWITHSTANDING HIS RETURN TO DUTY AT ITS EXPIRATION WAS NOT CONTEMPLATED.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 19, 1924:

J. L. SUMMERS, DISBURSING CLERK, TREASURY DEPARTMENT, APPLIED FEBRUARY 25, 1924, FOR REVIEW OF SETTLEMENT CERTIFICATE NO. T-13773, DATED JUNE 29, 1923, AND SETTLEMENT CERTIFICATE NO. C-1386-T, DATED SEPTEMBER 1, 1923, WHEREIN WERE DISALLOWED CREDITS ON VOUCHERS NOS. 58 AND 59, OF PAYMENTS OF $100 EACH, FOR RENTAL ALLOWANCE FOR DECEMBER, 1922, AND JANUARY, 1923, TO SURG. WILLIAM C. WITTE, UNITED STATES PUBLIC HEALTH SERVICE.

IT APPEARS THAT SURGEON WITTE WAS GRANTED THREE MONTHS' ANNUAL LEAVE OF ABSENCE FROM NOVEMBER 16, 1922, WHILE HE WAS ATTACHED TO HIS REGULAR STATION IN CHICAGO, ILL., AND WAS IN RECEIPT OF RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS, THERE BEING NO PUBLIC QUARTERS AVAILABLE FOR HIMSELF OR HIS DEPENDENTS (WIFE AND TWO MINOR CHILDREN), AND THAT ON EXPIRATION OF ACCRUED LEAVE HE WAS GRANTED EXTENDED LEAVE. HE WAS PAID BY CLAIMANT ON VOUCHERS NOS. 58 AND 59 RENTAL ALLOWANCE FOR DECEMBER, 1922, $100 AND RENTAL ALLOWANCE FOR JANUARY, 1923, $100, WHICH AMOUNTS WERE DISALLOWED, AS THERE WAS NO RETURN TO DUTY CONTEMPLATED ON EXPIRATION OF ACCRUED LEAVE. HE WAS ENTITLED TO AND WAS PAID ACTIVE-DUTY PAY DURING THE PERIOD WHILE HE WAS ON ANNUAL LEAVE OF ABSENCE.

ALLOWANCE IS REQUESTED UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, 251, WHICH PROVIDES:

EXCEPT AS OTHERWISE PROVIDED IN THE FOURTH PARAGRAPH OF THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS. * * *

THE FOURTH PARAGRAPH IS AS FOLLOWS:

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER, HAVING NO DEPENDENTS, WHILE HE IS ON FIELD OR SEA DUTY, NOR WHILE AN OFFICER WITH OR WITHOUT DEPENDENTS IS ASSIGNED TO QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK OR A LESS NUMBER OF ROOMS IN ANY PARTICULAR CASE WHEREIN, IN THE JUDGMENT OF COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED, A LESS NUMBER OF ROOMS WOULD BE ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS.

SECTION 7 OF THE ACT OF MAY 31, 1924, PROVIDES:

THAT THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE FROM AND AFTER JULY 1, 1922.

THE ITEMS ARE PAYABLE UNDER THIS PROVISION OF LAW AND UPON REVIEW THE DISALLOWANCES IN QUESTION, AMOUNTING TO $200, ARE NOW ALLOWED AND CERTIFIED FOR CREDIT IN THE CLAIMANT'S DISBURSING ACCOUNT.