A-20779, DECEMBER 23, 1927, 7 COMP. GEN. 402

A-20779: Dec 23, 1927

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RENTAL ALLOWANCE - ASSIGNMENT OF QUARTERS - ARMY OFFICER WHERE AN OFFICER OF THE ARMY REPORTING AT A STATION IS NOT ASSIGNED AVAILABLE ADEQUATE PUBLIC QUARTERS FOR HIMSELF AND HIS DEPENDENTS. BECAUSE OF HIS STATEMENT TO THE RESPONSIBLE OFFICER THAT HE WILL NOT REQUIRE SUCH QUARTERS FOR HIS DEPENDENTS UNTIL A LATER DATE. THE ASSIGNMENTS WHICH UNDER THE LAW SHOULD HAVE BEEN MADE WILL BE CONSIDERED AS MADE FROM THE DATE OF THE OFFICER'S REPORTING. ON THE GROUND THAT AS QUARTERS WERE AVAILABLE FOR THE USE OF YOUR DEPENDENTS AT YOUR PERMANENT STATION. DURING THE PERIOD IN QUESTION RENTAL ALLOWANCE WAS NOT AUTHORIZED. IS AS FOLLOWS: BY DIRECTION OF THE PRESIDENT. IS RELIEVED FROM HIS PRESENT ASSIGNMENT AND DUTIES AT THE UNIVERSITY OF PENNSYLVANIA.

A-20779, DECEMBER 23, 1927, 7 COMP. GEN. 402

RENTAL ALLOWANCE - ASSIGNMENT OF QUARTERS - ARMY OFFICER WHERE AN OFFICER OF THE ARMY REPORTING AT A STATION IS NOT ASSIGNED AVAILABLE ADEQUATE PUBLIC QUARTERS FOR HIMSELF AND HIS DEPENDENTS, AS REQUIRED BY LAW AND REGULATIONS, BECAUSE OF HIS STATEMENT TO THE RESPONSIBLE OFFICER THAT HE WILL NOT REQUIRE SUCH QUARTERS FOR HIS DEPENDENTS UNTIL A LATER DATE, THUS INDUCING A DELAY IN THE FORMAL ASSIGNMENT OF AVAILABLE QUARTERS, THE ASSIGNMENTS WHICH UNDER THE LAW SHOULD HAVE BEEN MADE WILL BE CONSIDERED AS MADE FROM THE DATE OF THE OFFICER'S REPORTING.

COMPTROLLER GENERAL MCCARL TO CAPT. WILLIAM S. ELEY, UNITED STATES ARMY, DECEMBER 23, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0114310, DATED MARCH 15, 1927, WHICH DISALLOWED YOUR CLAIM FOR RENTAL ALLOWANCE FROM SEPTEMBER 1 TO OCTOBER 12, 1926, ON THE GROUND THAT AS QUARTERS WERE AVAILABLE FOR THE USE OF YOUR DEPENDENTS AT YOUR PERMANENT STATION, FORT WADSWORTH, N.Y., DURING THE PERIOD IN QUESTION RENTAL ALLOWANCE WAS NOT AUTHORIZED.

PARAGRAPH 36, SPECIAL ORDERS NO. 127, DATED WAR DEPARTMENT, MAY 29, 1926, IS AS FOLLOWS:

BY DIRECTION OF THE PRESIDENT, CAPTAIN WILLIAM S. ELEY, INFANTRY, IS RELIEVED FROM HIS PRESENT ASSIGNMENT AND DUTIES AT THE UNIVERSITY OF PENNSYLVANIA, PHILADELPHIA, PENNSYLVANIA, EFFECTIVE JUNE 15, 1926, AND IS ASSIGNED TO THE INFANTRY OF THE FIRST DIVISION, WITH STATION AT FORTY JAY, NEW YORK. HE WILL THEN PROCEED TO FORTY JAY, NEW YORK, AND REPORT IN PERSON TO THE COMMANDING OFFICER FOR ASSIGNMENT TO ORGANIZATION. CAPTAIN ELEY'S NAME IS REMOVED FROM THE DETACHED OFFICERS' LIST, EFFECTIVE UPON RELIEF FROM HIS PRESENT DUTIES. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. * * *

PARAGRAPH 2 OF SPECIAL ORDERS 155, DATED HEADQUARTERS SIXTEENTH INFANTRY, FORT JAY, N.Y., AUGUST 28, 1926, IS AS FOLLOWS:

HAVING BEEN ASSIGNED TO THE REGIMENT BY PAR. 36, S.O. 127, DATED MAY 29, 1926, CAPTAIN WILLIAM S. ELEY IS ASSIGNED TO COMPANY K, WITH STATION AT FORT WADSWORTH, NEW YORK.

BY ORDER OF MAJOR COMPANONE:

E. W. SAVAGE,

MAJOR, 16TH INFANTRY, EXECUTIVE OFFICER.

SO MUCH OF SPECIAL ORDERS, NO. 127, DATED WAR DEPARTMENT, MAY 29, 1926, AS ASSIGNED YOU TO THE INFANTRY OF THE FIRST DIVISION, WITH STATION AT FORT JAY, N.Y., AND DIRECTED YOU TO PROCEED TO SAID STATION AND REPORT FOR DUTY WAS AMENDED BY SPECIAL ORDERS, NO. 235, WAR DEPARTMENT, OCTOBER 4, 1926, WHICH DIRECTED YOU TO PROCEED TO FORT WADSWORTH, N.Y., AND REPORT FOR DUTY. THIS ORDER SEEMS TO HAVE BEEN ISSUED AS YOU HAD QUESTIONED THE AUTHORITY OF THE REGIMENTAL COMMANDER TO CHANGE THE STATION ASSIGNED IN WAR DEPARTMENT ORDERS. ITS NECESSITY IS NOT APPARENT; YOU WERE ASSIGNED TO THE INFANTRY OF THE FIRST DIVISION, AND IN THE ABSENCE OF ORDERS OR REGULATIONS LIMITING THE DISCRETION OF THE COMMANDING GENERAL IT WAS COMPETENT FOR THAT OFFICIAL TO ASSIGN YOU TO DUTY IN ACCORD WITH YOUR RANK AND BRANCH TO ANY OF THE UNITS OF THE DIVISION. YOU TOOK STATION IN OBEDIENCE TO THE REGIMENTAL ORDER, BUT QUESTIONED ITS LEGALITY, AS YOU WERE NOT IN POSITION TO UTILIZE AVAILABLE AND ADEQUATE QUARTERS THERE UNTIL AFTER YOUR RETURN FROM CAMP DIX.

THE ADJUTANT GENERAL OF THE ARMY JANUARY 28, 1927, HAS DETERMINED THAT---

CAPTAIN ELEY'S PERMANENT STATION DURING THE PERIOD MENTIONED IN THE PRECEDING INDORSEMENT WAS FORT WADSWORTH, N.Y.

THE COMMANDING GENERAL, FORT WADSWORTH, N.Y., REPORTS BY THIRD INDORSEMENT, DATED NOVEMBER 30, 1926, THAT WHEN YOU ARRIVED THERE FOR DUTY SEPTEMBER 1, 1926, YOU INFORMED THE POST COMMANDER IN PERSON THAT YOUR FAMILY WOULD NOT COME TO FORT WADSWORTH DURING THE TIME YOU WERE TO BE AT CAMP DIX, AND HE STATES THAT YOU COULD HAVE HAD QUARTERS AT FORT WADSWORTH AT ANY TIME YOU DESIRED DURING THE PERIOD IN QUESTION.

YOUR CLAIM IS IN SOME RESPECTS SIMILAR TO THAT OF FIRST LIEUT. F. E. BERTHOLET, CAVALRY, UNITED STATES ARMY, CONSIDERED IN DECISION DATED JUNE 16, 1927, 6 COMP. GEN. 821.

IN AMPLIFICATION OF THE PRINCIPLE THERE APPLIED YOU ARE INFORMED THAT WHERE AN OFFICER REPORTING AT A STATION IS NOT ASSIGNED AVAILABLE ADEQUATE PUBLIC QUARTERS FOR HIMSELF AND DEPENDENTS, AS REQUIRED BY LAW AND REGULATIONS, BECAUSE OF HIS STATEMENT TO THE RESPONSIBLE OFFICER THAT HE WILL NOT REQUIRE SUCH QUARTERS FOR HIS DEPENDENTS UNTIL A LATER DATE, THUS INDUCING A DELAY IN THE FORMAL ASSIGNMENT OF AVAILABLE QUARTERS, THE ASSIGNMENT WHICH UNDER THE LAW SHOULD HAVE BEEN MADE WILL BE CONSIDERED AS MADE FROM THE DATE OF THE OFFICER'S REPORTING.