A-12396, JANUARY 22, 1926, 5 COMP. GEN. 518

A-12396: Jan 22, 1926

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SUBSISTENCE AND QUARTERS ALLOWANCE - ENLISTED MEN OF NAVY ON SHORE PATROL ENLISTED MEN OF THE NAVY ON SHORE PATROL ARE LIMITED IN THE MATTER OF EXPENSES FOR SUBSISTENCE AND QUARTERS TO THE RATES FIXED BY EXECUTIVE ORDER OF JUNE 19. 1926: THERE IS FOR CONSIDERATION THE QUESTION WHETHER ENLISTED MEN ON PATROL DUTY ARE ENTITLED TO ACTUAL EXPENSES FOR LODGING AND SUBSISTENCE NOT TO EXCEED $5 PER DIEM AS PROVIDED IN ARTICLE 698. THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED. ARTICLE 698 OF NAVY REGULATIONS PROVIDES THAT WHEN LIBERTY IS GRANTED TO ANY CONSIDERABLE NUMBER OF MEN THE COMMANDER IN CHIEF SHALL CAUSE TO BE LANDED WITH THE LIBERTY PARTY A SUFFICIENT PATROL OF PETTY OFFICERS IN CHARGE OF AN OFFICER TO MAINTAIN ORDER AND SUPPRESS ANY UNSEEMLY CONDUCT ON THE PART OF ANY MEMBER OF THE LIBERTY PARTY.

A-12396, JANUARY 22, 1926, 5 COMP. GEN. 518

SUBSISTENCE AND QUARTERS ALLOWANCE - ENLISTED MEN OF NAVY ON SHORE PATROL ENLISTED MEN OF THE NAVY ON SHORE PATROL ARE LIMITED IN THE MATTER OF EXPENSES FOR SUBSISTENCE AND QUARTERS TO THE RATES FIXED BY EXECUTIVE ORDER OF JUNE 19, 1922, ISSUED PURSUANT TO SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 22, 1926:

THERE IS FOR CONSIDERATION THE QUESTION WHETHER ENLISTED MEN ON PATROL DUTY ARE ENTITLED TO ACTUAL EXPENSES FOR LODGING AND SUBSISTENCE NOT TO EXCEED $5 PER DIEM AS PROVIDED IN ARTICLE 698, NAVY REGULATIONS, OR WHETHER THEY SHOULD BE REIMBURSED FOR SUCH EXPENSES AS PROVIDED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND EXECUTIVE ORDER NO. 3694, JUNE 19, 1922, THIS QUESTION ARISING IN THE AUDIT OF PUBLIC BILL NO. 50 IN THE ACCOUNT OF LIEUT. B. O. KILROY, AND PUBLIC BILL NO. 9 IN THE ACCOUNT OF LIEUT. L. C. ENGLISH, FIRST QUARTER, 1926.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES:

* * * TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. SUBSISTENCE FOR PILOTS SHALL BE PAID IN ACCORDANCE WITH EXISTING REGULATIONS, AND RATIONS FOR ENLISTED MEN MAY BE COMMUTED AS NOW AUTHORIZED BY LAW.

ARTICLE 698 OF NAVY REGULATIONS PROVIDES THAT WHEN LIBERTY IS GRANTED TO ANY CONSIDERABLE NUMBER OF MEN THE COMMANDER IN CHIEF SHALL CAUSE TO BE LANDED WITH THE LIBERTY PARTY A SUFFICIENT PATROL OF PETTY OFFICERS IN CHARGE OF AN OFFICER TO MAINTAIN ORDER AND SUPPRESS ANY UNSEEMLY CONDUCT ON THE PART OF ANY MEMBER OF THE LIBERTY PARTY. IN CASES WHERE IT IS NOT PRACTICABLE FOR THE MEN OF THE PATROL TO RETURN TO THEIR SHIP OR STATION FOR MEALS OR LODGING THE SUPPLY OFFICER IS DIRECTED TO ADVANCE TO THE OFFICER IN CHARGE OF THE PATROL SUFFICIENT FUNDS TO COVER THE COST OF THEIR MEALS AND LODGING OBTAINED ASHORE, SUCH OFFICER BEING CHARGED WITH THE DUTY OF SECURING AND PAYING FOR SUCH SUBSISTENCE AND PROPERLY ACCOUNTING FOR SAME. THE REGULATION LIMITS THE AMOUNT THAT MAY BE PAID NOT TO EXCEED AN AVERAGE OF $1 FOR MEALS AND $2 FOR LODGING, SUCH EXPENSE BEING CHARGEABLE TO THE APPROPRIATION "PROVISIONS, NAVY.' IN THE ACCOUNTS PENDING EACH MEAL IS CHARGED AT $1 AND ALL LODGING IS AT THE RATE OF $2 PER DIEM.

THE APPROPRIATION "PROVISIONS, NAVY, 1926," 43 STAT. 872, 873, MAKES AN APPROPRIATION:

FOR * * * SUBSISTENCE OF MEN UNAVOIDABLY DETAINED OR ABSENT FROM VESSELS TO WHICH ATTACHED UNDER ORDERS (DURING WHICH SUBSISTENCE RATIONS TO BE STOPPED ON BOARD SHIP AND NO CREDIT FOR COMMUTATION THEREFOR TO BE GIVEN); QUARTERS AND SUBSISTENCE OF MEN ON DETACHED DUTY; * * *.

UNDER APPROPRIATION WORDED SUBSTANTIALLY AS THE FOREGOING, THE NAVY DEPARTMENT HAD, BY ARTICLE 698, NAVY REGULATIONS, 1920, AND IN PARAGRAPH 915 OF NAVAL INSTRUCTIONS, 1913, PROVIDED FOR SUBSISTING OF MEN, WHERE IT WAS NOT PRACTICABLE TO EITHER RELIEVE THE MEN OF A PATROL FOR MEALS OR SEND THEIR MEALS TO THEM, BUT THOSE REGULATIONS MADE NO PROVISION FOR LODGING AND LIMITED THE EXPENDITURE FOR A SINGLE MEAL TO 50 CENTS IN THE 1913 REGULATION AND 75 CENTS IN THE 1920 REGULATION.

BY CHANGES NO. 7 OF NAVAL REGULATIONS, MARCH 20, 1925, SUBPARAGRAPH 5 (A) CHANGES WERE MADE AS FOLLOWS:

IN CASES WHERE IT IS IMPRACTICABLE FOR MEMBERS OF A SHORE PATROL TO RETURN TO THEIR REGULAR STATION FOR MEALS OR LODGING, THE COMMANDING OFFICER SHALL ISSUE ORDERS TO THE OFFICER OR MAN IN CHARGE OF EACH PATROL WHICH SHALL STATE THE NUMBER OF THE MEN FORMING THE PATROL, THE TIME OF LEAVING THE SHIP OR STATION, AND THE TIME OF RETURNING. * * * MEALS MAY BE OBTAINED FOR ENLISTED MEN OF THE PATROL BY THE PERSON IN CHARGE AT AN AVERAGE COST NOT IN EXCESS OF $1 PER MEAL--- I.E., IF $0.75 IS EXPENDED FOR ONE MEAL, $1.25 IS AUTHORIZED FOR THE SECOND MEAL, PROVIDED THAT IN NO CASE WILL THE AVERAGE COST OF MEALS BE GREATER THAN $1 EACH. LODGING MAY BE OBTAINED, WHERE QUARTERS ARE NOT OBTAINABLE WITHOUT CHARGE, FOR ENLISTED MEN OF THE PATROL BY THE PERSON IN CHARGE AT A COST NOT TO EXCEED $2 PER PERSON * * *.

UNDER "PAY, MISCELLANEOUS" THERE IS AN APPROPRIATION "FOR * * * ACTUAL EXPENSES OF OFFICERS WHILE ON SHORE PATROL" AND THE REGULATIONS LIMIT THE OFFICER TO $7 PER DAY PURSUANT TO SECTION 12 OF THE ACT OF JUNE 10, 1922. SECTION 11 OF THE SAME ACT IN MAKING PROVISION FOR AN ALLOWANCE IN THE NATURE OF REIMBURSEMENT TO ENLISTED MEN WHEN NOT SUBSISTED AND QUARTERED BY THE GOVERNMENT FIXES A LIMIT OF $4 PER DAY, AND THE ORDER OF THE PRESIDENT OF JUNE 19, 1922, FIXES THE RATES PAYABLE UNDER VARYING CONDITIONS OF DUTY. THESE PROVISIONS ARE APPLICABLE TO ALL CONDITIONS WHERE AN ENLISTED MEN IS ENTITLED TO QUARTERS AND SUBSISTENCE AND IS NOT FURNISHED THEM IN KIND BY THE GOVERNMENT. IF THE LIMIT OF REIMBURSEMENT FOR ACTUAL EXPENSES APPLICABLE TO OFFICERS IN THE ACT OF JUNE 10, 1922, CONTROLS WHEN OFFICERS ARE ENTITLED TO ACTUAL EXPENSES WHILE ON SHORE PATROL, AND IT DOES, OBVIOUSLY, THE RATE OF PAYMENT AUTHORIZED IN THE ACT FOR ENLISTED MEN IS CONTROLLING WITH RESPECT TO THEM.

WHILE THE REGULATIONS ARE DRAWN TO PLACE A LIMIT IN THE MATTER OF EXPENSES FOR ENLISTED MEN ON THE OFFICER OR MAN IN CHARGE OF A PATROL IN ARRANGING FOR THEIR SUBSISTENCE AND LODGING, IN PRACTICE, AS ILLUSTRATED BY THE ACCOUNTS NOW UNDER CONSIDERATION, IT IS A REIMBURSEMENT TO THE MAN, UPON PRESENTATION OF RECEIPTS, FROM THE ADVANCE MADE TO THE OFFICER IN CHARGE OF THE PATROL. THE ACCOUNTS INVOLVE PAYMENTS FOR SHORE PATROLS AT PAPEETE, TAHITI; WELLINGTON, NEW ZEALAND; ASTORIA, OREG.; AND SEATTLE, WASH.; AND ARE ILLUSTRATIVE OF PRACTICE UNDER THE REGULATION. THE DESIGN OF SECTION 11 IS THAT WHERE IT IS NOT PRACTICABLE TO FURNISH SUBSISTENCE OR QUARTERS IN KIND ALLOWANCES WILL BE GIVEN ENLISTED MEN THEREFOR AND IN THE AMOUNT PERMITTED BY THE PRESIDENT'S REGULATION UNDER THAT SECTION. THIS LIMIT CAN BE EXCEEDED THROUGH THE EXPEDIENT OF PROVIDING THAT A SUPERIOR OFFICER SHALL ARRANGE FOR SECURING SUBSISTENCE AND QUARTERS FOR THE MEN UNDER HIS DIRECTION, IT IS INEFFECTIVE TO ACCOMPLISH ITS PURPOSE OF LIMITING THE EXPENDITURE. IT IS NOT APPARENT WHY, IF THE CONGRESS HAS PROVIDED $4 AS A MAXIMUM, AND THE PRESIDENT HAS FIXED A LESS AMOUNT, WHERE THE MAN ARRANGES FOR HIS OWN SUBSISTENCE AND LODGING, IT SHOULD BE NECESSARY WHEN AN OFFICER ARRANGES FOR THE SUBSISTENCE AND LODGING OF THE ENLISTED MAN, THE EXPENDITURE THEREFOR SHOULD EXCEED THE LIMIT FIXED BY CONGRESS BY 25 PERCENT AND THE RATES ESTABLISHED BY THE PRESIDENT IN A STILL GREATER PROPORTION.

IT IS TO BE OBSERVED IN THIS CONNECTION THAT THE REGULATIONS HAVE PROGRESSIVELY INCREASED THE LIMIT FOR INDIVIDUAL MEALS, AND LODGING HAS, BY THE RECENT AMENDMENT, BEEN INCLUDED. WHILE PRIOR REGULATIONS WERE DEFINITE THAT THE ABSENCE BE FROM SHIP--- THE VERY TITLE "SHORE PATROL" CONVEYS ONLY THAT IMPRESSION--- THE MOST RECENT AMENDMENT, ALTHOUGH USING THE TERM "SHORE PATROL," AUTHORIZES THE ARRANGEMENT WHERE IT IS IMPRACTICABLE FOR MEMBERS OF A SHORE PATROL TO RETURN TO THEIR REGULAR STATION FOR MEALS OR LODGING AND REQUIRES THE ORDER TO STATE THE TIME OF LEAVING THE SHIP OR STATION, APPARENTLY CONTEMPLATING A "SHORE PATROL" FROM A LAND STATION. EXPENSES WILL NOT BE ALLOWED TO AN OFFICER ON "SHORE PATROL" FROM A LAND STATION; OFFICERS ARE ONLY ENTITLED TO ACTUAL EXPENSES NOT EXCEEDING $7 PER DAY WHEN IN A TRAVEL STATUS IN FOREIGN COUNTRIES OR IN A REPEATED TRAVEL STATUS IN THE UNITED STATES, EXCEPT AS THE ANNUAL APPROPRIATION PROVIDES FOR REIMBURSEMENT WHEN ON SHORE PATROL.

PAYMENTS TO ENLISTED MEN IN EXCESS OF THE AMOUNTS AUTHORIZED PURSUANT TO SECTION 11 BY THE PRESIDENT'S ORDER OF JUNE 19, 1922, SHOULD BE DISALLOWED.