A-14555, JUNE 10, 1926, 5 COMP. GEN. 970

A-14555: Jun 10, 1926

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HE IS ENTITLED TO THE ALLOWANCE FOR QUARTERS WHILE SICK IN THE HOSPITAL FROM THE DATE OF SUCH ACT SO LONG AS HIS PERMANENT STATION REMAINED UNCHANGED. REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED. HE WAS DISCHARGED THEREFROM MAY 11. WHERE HE WAS AUTHORIZED TO BE PAID THE MONETARY ALLOWANCES INDICATED. THE CLAIM IS ASSERTED UNDER A PROVISION CONTAINED IN THE APPROPRIATION ACT FOR THE SUPPORT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE 30. THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE. SERGEANT MACDUFF WAS IN A STATUS ENTITLING HIM TO THE MONETARY ALLOWANCE AT HIS PERMANENT STATION AT TIME OF ENTERING THE HOSPITAL.

A-14555, JUNE 10, 1926, 5 COMP. GEN. 970

QUARTERS ALLOWANCE - ARMY ENLISTED MAN SICK IN HOSPITAL WHERE AN ENLISTED MAN OF THE ARMY ON DUTY AT A PERMANENT STATION IN A STATUS ENTITLING HIM TO ALLOWANCES FOR QUARTERS AND SUBSISTENCE, ENTERED A HOSPITAL PRIOR TO THE PASSAGE OF THE ACT OF APRIL 15, 1926, 44 STAT. 257, HE IS ENTITLED TO THE ALLOWANCE FOR QUARTERS WHILE SICK IN THE HOSPITAL FROM THE DATE OF SUCH ACT SO LONG AS HIS PERMANENT STATION REMAINED UNCHANGED.

COMPTROLLER GENERAL MCCARL TO MAJ. C. M. EXLEY, UNITED STATES ARMY, JUNE 10, 1926:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF MAY 19, 1926, TRANSMITTING A VOUCHER IN FAVOR OF MASTER SERGT. DANIEL S. MACDUFF FOR THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FROM APRIL 15 TO MAY 11, 1926, AND REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED.

SERGEANT MACDUFF WHILE ON DUTY AT HEADQUARTERS THIRD CORPS AREA, AND RECEIVING THE MONETARY ALLOWANCE IN LIEU OF QUARTERS AND RATIONS, ENTERED WALTER REED GENERAL HOSPITAL APRIL 10, 1926, DUE TO SICKNESS. HE WAS DISCHARGED THEREFROM MAY 11, 1926, AND RETURNED TO DUTY AT THE SAME STATION, WHERE HE WAS AUTHORIZED TO BE PAID THE MONETARY ALLOWANCES INDICATED.

THE CLAIM IS ASSERTED UNDER A PROVISION CONTAINED IN THE APPROPRIATION ACT FOR THE SUPPORT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1927, ACT OF APRIL 15, 1926, 44 STAT. 257, AS OLLOWS:

* * * THAT HEREAFTER ENLISTED MEN, INCLUDING THE MEMBERS OF THE UNITED STATES ARMY BAND, ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE SHALL CONTINUE, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, TO RECEIVE SUCH ALLOWANCES WHILE SICK IN HOSPITAL OR ABSENT FROM THEIR PERMANENT-DUTY STATIONS IN A PAY STATUS: PROVIDED FURTHER, THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE.

SERGEANT MACDUFF WAS IN A STATUS ENTITLING HIM TO THE MONETARY ALLOWANCE AT HIS PERMANENT STATION AT TIME OF ENTERING THE HOSPITAL. HE WAS NOT RELIEVED FROM DUTY AT THAT STATION AND RETURNED THERETO WHEN DISCHARGED FROM THE HOSPITAL. THIS IS THE SITUATION CONTEMPLATED BY THE PROVISION, AND THE FACT THAT ON THE EFFECTIVE DATE OF THE LEGISLATION HE OCCUPIED THE STATUS DESIGNED TO BE RELIEVED BY THE LEGISLATION DOES NOT DEPRIVE HIM OF THE BENEFITS OF THE REMEDIAL LEGISLATION. THE CASE IS WITHIN THE SPIRIT AND PURPOSE OF THE PROVISION, AND ALTHOUGH NOT WITHIN THE STRICT LETTER OF THE LANGUAGE USED TO EXPRESS THE LEGISLATIVE OBJECT, IT IS WITHIN THE INTENT OF THE STATUTE. WHILE THUS ABSENT FROM HIS PERMANENT DUTY STATION HE IS ENTITLED TO HAVE CONTINUED HIS MONETARY ALLOWANCE FOR QUARTERS FROM APRIL 15, 1926, BY REASON OF THE ABOVE CITED ACT, ON THE SAME BASIS AS MEN IN A SIMILAR SITUATION WHO ENTERED THE HOSPITAL ON OR AFTER APRIL 15, 1926.

YOU ARE ADVISED THAT PAYMENT IS AUTHORIZED OF THE VOUCHER RETURNED HEREWITH, PROVIDED IT IS OTHERWISE CORRECT.