A-16662, JANUARY 11, 1927, 6 COMP. GEN. 467

A-16662: Jan 11, 1927

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FRAUDULENT ENLISTMENT - DEBTS DUE STATION MESS THERE IS NO AUTHORITY TO REIMBURSE THE MESS TREASURER OF A COAST GUARD STATION FOR THE INDEBTEDNESS TO THE STATION MESS OF AN ENLISTED MAN DISCHARGED BY REASON OF FRAUDULENT ENLISTMENT. IN THE COAST GUARD FOR DUTY AS SURFMAN AT THE SQUAN BEACH STATION AND THAT HE WAS DISCHARGED JULY 20. HE WAS FURNISHED 53 MEALS AT THE MESS OF THE SQUAN BEACH STATION. THE $14.84 CLAIMED IS FOR HIS PROPORTIONATE SHARE OF THE EXPENSES ATTACHED TO THE MESS. AN ENLISTED MAN OF THE COAST GUARD WHO IS NOT FURNISHED RATIONS IN KIND IS ENTITLED TO A SUBSISTENCE ALLOWANCE OF $1 PER DAY WHERE GOVERNMENT MESSING FACILITIES ARE FURNISHED. THIS AMOUNT WHEN PROPERLY ACCRUED IS PAYABLE TO THE MAN.

A-16662, JANUARY 11, 1927, 6 COMP. GEN. 467

FRAUDULENT ENLISTMENT - DEBTS DUE STATION MESS THERE IS NO AUTHORITY TO REIMBURSE THE MESS TREASURER OF A COAST GUARD STATION FOR THE INDEBTEDNESS TO THE STATION MESS OF AN ENLISTED MAN DISCHARGED BY REASON OF FRAUDULENT ENLISTMENT, THERE BEING NO PAY AND ALLOWANCES ACCRUING UNDER SUCH AN ENLISTMENT.

ASSISTANT COMPTROLLER GENERAL GINN TO C. BROWER, BOATSWAIN'S MATE, UNITED STATES COAST GUARD, JANUARY 11, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST OF OCTOBER 13, 1926, FOR REVIEW OF SETTLEMENT NO. 0155556, DATED OCTOBER 2, 1926, DISALLOWING YOUR CLAIM FOR $14.84 AS REIMBURSEMENT FOR SUBSISTENCE FURNISHED ROBERT DENISON BY THE SQUAN BEACH COAST GUARD STATION MESS DURING THE PERIOD JULY 2 TO 20, 1926.

IT APPEARS THAT DENISON ENLISTED JULY 2, 1926, IN THE COAST GUARD FOR DUTY AS SURFMAN AT THE SQUAN BEACH STATION AND THAT HE WAS DISCHARGED JULY 20, 1926, PURSUANT TO INSTRUCTIONS FROM THE COMMANDANT UNITED STATES COAST GUARD, DATED JULY 19, 1926, BY REASON OF FRAUDULENT ENLISTMENT. HE WAS FURNISHED 53 MEALS AT THE MESS OF THE SQUAN BEACH STATION, AND THE $14.84 CLAIMED IS FOR HIS PROPORTIONATE SHARE OF THE EXPENSES ATTACHED TO THE MESS.

UNDER THE PROVISIONS OF SECTION 4 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, AND THE EXECUTIVE ORDER OF JUNE 19, 1922, AN ENLISTED MAN OF THE COAST GUARD WHO IS NOT FURNISHED RATIONS IN KIND IS ENTITLED TO A SUBSISTENCE ALLOWANCE OF $1 PER DAY WHERE GOVERNMENT MESSING FACILITIES ARE FURNISHED. THIS AMOUNT WHEN PROPERLY ACCRUED IS PAYABLE TO THE MAN, DECISION OF MARCH 16, 1925, A-6139, AND IT IS HIS OBLIGATION TO REIMBURSE THE MESS FOR THE MEALS FURNISHED TO HIM. IN CASE OF DEATH OR DESERTION, IT HAS BEEN HELD THAT A COAST GUARD STATION MESS IS IN THE NATURE OF A GOVERNMENT INSTRUMENTALITY AND THAT REIMBURSEMENT MAY BE MADE TO THE TREASURER THEREOF FROM THE BALANCE, IF ANY, ACCRUED TO THE MAN'S CREDIT, AFTER LIQUIDATION OF ALL INDEBTEDNESS TO THE UNITED STATES. A-10554, DATED AUGUST 13, 1926. BUT IN THE INSTANT CASE, THE MAN ACQUIRED NO RIGHT TO PAY AND ALLOWANCES UNDER HIS ENLISTMENT CONTRACT, OBTAINED BY FRAUD, WHICH WAS VOIDED BY THE GOVERNMENT, RESULTING IN HIS DISCHARGE FROM THE SERVICE. 1 COMP. GEN. 511; DECISION OF AUGUST 8, 1926, A-15138. THERE WAS NO ACCRUED BALANCE DUE HIM FROM WHICH THE STATION MESS MAY BE REIMBURSED FOR THE MEALS FURNISHED. 22 COMP. DEC. 539.