A-14437, AUGUST 18, 1926, 6 COMP. GEN. 124

A-14437: Aug 18, 1926

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MAY NOT BE PAID TO ENLISTED MEN OF THE MARINE CORPS RATIONED IN THE USUAL MANNER IN THEIR ORGANIZATION OR AT THEIR POST WHO ARE PERMITTED TO MESS SEPARATELY. WERE SUBSISTED ON THE NAVY RATION IN KIND. WITH THE EXCEPTION OF CERTAIN NONCOMMISSIONED OFFICERS (OF WHOM QUARTERMASTER SERGEANT RATH WAS ONE) WHO. WERE PAID COMMUTATION OF RATION OF 50 CENTS PER DAY. THE PURPOSE OF THIS PROVISION OF REGULATIONS IS TO PERMIT MARRIED NONCOMMISSIONED OFFICERS OF THE HIGHER GRADES SERVING AT POSTS WHERE MESSING FACILITIES ARE AVAILABLE TO RECEIVE THE COMMUTED RATION ALLOWANCE AND SUBSIST WITH THEIR FAMILIES. IT IS THE PRACTICE TO GRANT THIS PRIVILEGE TO THEM WHENEVER CONDITIONS WARRANT IT. THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED.

A-14437, AUGUST 18, 1926, 6 COMP. GEN. 124

RATIONS, COMMUTATION OF - ENLISTED MEN OF THE MARINE CORPS THE MONETARY ALLOWANCE IN LIEU OF RATIONS AND QUARTERS FOR ENLISTED MEN AUTHORIZED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, MAY NOT BE PAID TO ENLISTED MEN OF THE MARINE CORPS RATIONED IN THE USUAL MANNER IN THEIR ORGANIZATION OR AT THEIR POST WHO ARE PERMITTED TO MESS SEPARATELY. SUCH ENLISTED MEN MAY BE PAID ONLY THE COMMUTED VALUE OF THE RATION WHICH WOULD OTHERWISE BE FURNISHED IN KIND.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 18, 1926:

Q.M.SERGT. JOHN H. RATH, UNITED STATES MARINE CORPS, HAS REQUESTED REVIEW OF SETTLEMENT NO. 015509, DATED DECEMBER 10, 1925, DISALLOWING HIS CLAIM FOR THE DIFFERENCE BETWEEN THE ALLOWANCE FOR SUBSISTENCE AT THE RATE OF $1.20 PER DAY AND THE COMMUTED RATION ALLOWANCE OF 50 CENTS PER DAY, WHILE ON DUTY WITH THE MARINE DETACHMENT, AMERICAN LEGATION, MANAGUA, NICARAGUA, DURING THE PERIOD FROM MARCH 15, 1924, TO AUGUST 3, 1925.

THE QUARTERMASTER, HEADQUARTERS UNITED STATES MARINE CORPS, WASHINGTON, REPORTED JUNE 9, 1926, THAT:

DURING THE ABOVE INDICATED PERIOD THE ENLISTED MEN ON DUTY WITH THE MARINE DETACHMENT, AMERICAN LEGATION, MANAGUA, NICARAGUA, WERE SUBSISTED ON THE NAVY RATION IN KIND, IN A COMMON MESS MAINTAINED FOR THEM AT THAT STATION, WITH THE EXCEPTION OF CERTAIN NONCOMMISSIONED OFFICERS (OF WHOM QUARTERMASTER SERGEANT RATH WAS ONE) WHO, FOR THEIR OWN CONVENIENCE, WERE PAID COMMUTATION OF RATION OF 50 CENTS PER DAY, IN LIEU OF BEING SUBSISTED IN KIND, BY AUTHORITY OF THE MAJOR GENERAL COMMANDANT, IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 490, SYSTEM OF ACCOUNTABILITY, U.S.M.C. THE PURPOSE OF THIS PROVISION OF REGULATIONS IS TO PERMIT MARRIED NONCOMMISSIONED OFFICERS OF THE HIGHER GRADES SERVING AT POSTS WHERE MESSING FACILITIES ARE AVAILABLE TO RECEIVE THE COMMUTED RATION ALLOWANCE AND SUBSIST WITH THEIR FAMILIES, AND IT IS THE PRACTICE TO GRANT THIS PRIVILEGE TO THEM WHENEVER CONDITIONS WARRANT IT.

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

* * * 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 OF 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.

PURSUANT TO THIS SECTION REGULATIONS WERE PROMULGATED IN EXECUTIVE ORDER OF JUNE 19, 1922, APPLICABLE TO ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD, ON DUTY WHO ARE NOT FURNISHED QUARTERS OR RATIONS IN KIND, AS FOLLOWS:

TABLE 1

1. MEN ON DUTY WHERE QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED WILL BE GRANTED DAILY ALLOWANCES AS FOLLOWS:

TABLE

NO GOVERNMENT GOVERNMENT

MESSING MESSING

FACILITIES FACILITIES

FURNISHED FURNISHED A. GENERAL:

(A) SUBSISTENCE ---------------- $1.20 $1.00

(B) QUARTERS ------------------- .75 .75

THE LAW AND REGULATION AUTHORIZE THE PAYMENT OF THE ALLOWANCE FOR SUBSISTENCE ONLY WHEN THE ENLISTED MEN ARE NOT RATIONED IN THE USUAL MANNER IN A MILITARY FORCE. IT PROVIDES NO OPPORTUNITY TO AN ENLISTED MAN AT HIS ELECTION TO INCREASE THE COST TO THE GOVERNMENT OF SUBSISTING HIM BY ELECTING PAYMENT IN MONEY IN LIEU OF RATIONS IN KIND. IT IS A MATTER OF GRACE, NOT OF RIGHT, ON THE PART OF A MARRIED ENLISTED MAN WHETHER HE SHALL BE PERMITTED TO MESS SEPARATELY FROM HIS ORGANIZATION AND BE PAID THE COST IN MONEY OF A RATION IN THE ORGANIZATION.

CLAIMANT WAS ON DUTY AT A STATION WHERE THE GOVERNMENT SUBSISTED THE ENLISTED MEN THERE ON UTY; FOR HIS OWN CONVENIENCE HE WAS PERMITTED TO MESS SEPARATELY. HE WAS NOT AN "ENLISTED MAN NOT FURNISHED * * * RATIONS IN KIND" BUT AN ENLISTED MAN FURNISHED RATIONS IN KIND WHO WAS PERMITTED TO MESS SEPARATELY AND BE PAID THE VALUE OF THE RATION. HE WAS NEITHER WITHIN THE LAW NOR THE REGULATION ENTITLED TO THE CLAIMED PAYMENT. THE CLAIM IS ENTIRELY WITHOUT MERIT.