A-2250, FEBRUARY 7, 1925, 4 COMP. GEN. 666

A-2250: Feb 7, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BY DEPENDENTS OF A NAVAL OFFICER WHILE HE WAS ON SEA DUTY. WHEREIN WAS DISALLOWED IN HIS ACCOUNTS A PAYMENT OF $239.61 MADE TO CAPT. DURING THE PERIOD IN QUESTION CAPTAIN JEFFERS WAS ON SEA DUTY. DURING THE PERIOD IN QUESTION CAPTAIN JEFFERS WAS ON SEA DUTY AND HAVING DEPENDENTS WAS ENTITLED TO RENTAL ALLOWANCES WITHIN THE LIMITS FIXED BY THE ACT OF JUNE 10. IT IS STATED. WHILE HE IS ON FIELD OR SEA DUTY. NOR WHILE AN OFFICER WITH OR WITHOUT DEPENDENTS IS ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK OR A LESS NUMBER OF ROOMS IN ANY PARTICULAR CASE WHEREIN. PROMULGATING REGULATIONS IN EXECUTION OF THIS SECTION PROVIDES: THE TERM "PERMANENT STATION" AS USED IN THIS ACT SHALL BE CONSTRUED TO MEAN THE PLACE ON SHORE WHERE AN OFFICER IS ASSIGNED TO DUTY.

A-2250, FEBRUARY 7, 1925, 4 COMP. GEN. 666

RENTAL ALLOWANCE - DEPENDENTS OF NAVAL OFFICER OCCUPYING QUARTERS AT PANAMA CANAL OCCUPANCY OF QUARTERS, OWNED BY THE PANAMA CANAL AND FOR WHICH THE CANAL EXACTS A RENTAL, BY DEPENDENTS OF A NAVAL OFFICER WHILE HE WAS ON SEA DUTY, THE CANAL ZONE NOT BEING THE HOME YARD OF THE VESSEL ON WHICH THE OFFICER SERVED, DOES NOT CONSTITUTE AN ASSIGNMENT OF QUARTERS AT THE OFFICER'S PERMANENT STATION SUCH AS WOULD PRECLUDE THE PAYMENT OF RENTAL ALLOWANCE ON ACCOUNT OF DEPENDENTS UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, AND EXECUTIVE ORDER OF AUGUST 13, 1924, PURSUANT THERETO.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 7, 1925:

LIEUT. JOHN L. CASH (S.C.), UNITED STATES NAVY, SUPPLY OFFICER OF THE U.S.S. DENVER, APPLIED BY LETTER DATED MARCH 6, 1924, FOR REVIEW OF SETTLEMENT N-4719-N, DATED JANUARY 29, 1924, WHEREIN WAS DISALLOWED IN HIS ACCOUNTS A PAYMENT OF $239.61 MADE TO CAPT. WILLIAM N. JEFFERS, UNITED STATES NAVY, AS RENTAL ALLOWANCE FROM JULY 1 TO SEPTEMBER 30, 1923. DURING THE PERIOD IN QUESTION CAPTAIN JEFFERS WAS ON SEA DUTY, AND HIS WIFE AND THREE MINOR CHILDREN OCCUPIED QUARTERS ON THE PANAMA CANAL ZONE OWNED BY THE GOVERNMENT AND CONTROLLED BY THE PANAMA CANAL, FOR WHICH CAPTAIN JEFFERS PAID RENT TO THE PANAMA CANAL.

DURING THE PERIOD IN QUESTION CAPTAIN JEFFERS WAS ON SEA DUTY AND HAVING DEPENDENTS WAS ENTITLED TO RENTAL ALLOWANCES WITHIN THE LIMITS FIXED BY THE ACT OF JUNE 10, 1922, 42 STAT. 628. BEING AN OFFICER OF THE GRADE OF CAPTAIN HIS TOTAL PAY, INCLUDING RENTAL AND SUBSISTENCE ALLOWANCE, COULD NOT EXCEED $7,200 PER YEAR, AND PAYMENT ON ACCOUNT OF RENTAL ALLOWANCE FOR THE PERIOD AMOUNTED TO $239.61. DURING THE ENTIRE PERIOD CAPTAIN JEFFERS RENTED FROM THE PANAMA CANAL QUARTERS AT 559-A D, ANCON BOULEVARD, BALBOA, CANAL ZONE, FOR HIS WIFE AND THREE CHILDREN AND PAID TO THE PANAMA CANAL RENT OF $36.50 PER MONTH, FUEL $2.50 PER MONTH, AND FOR METERED ELECTRIC CURRENT, THE TOTAL FOR ALL ITEMS OF QUARTERS, HEAT AND LIGHT APPROXIMATING $50, IT IS STATED.

SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED RETROACTIVELY TO JULY 1, 1922, BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, PROVIDES IN THE FIRST, FOURTH, AND FIFTH PARAGRAPHS, SO FAR AS HERE MATERIAL, AS FOLLOWS:

EXCEPT AS OTHERWISE PROVIDED IN THE FOURTH PARAGRAPH OF THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS. * *

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER, HAVING NO DEPENDENTS, WHILE HE IS ON FIELD OR SEA DUTY, NOR WHILE AN OFFICER WITH OR WITHOUT DEPENDENTS IS ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK OR A LESS NUMBER OF ROOMS IN ANY PARTICULAR CASE WHEREIN, IN THE JUDGMENT OF COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED, A LESS NUMBER OF ROOMS WOULD BE ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS.

REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION IN PEACE AND IN WAR, SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL OF THE SERVICES CONCERNED, INCLUDING ADJUNCT FORCES THEREOF.

PARAGRAPH 1 (E) OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, PROMULGATING REGULATIONS IN EXECUTION OF THIS SECTION PROVIDES:

THE TERM "PERMANENT STATION" AS USED IN THIS ACT SHALL BE CONSTRUED TO MEAN THE PLACE ON SHORE WHERE AN OFFICER IS ASSIGNED TO DUTY, OR THE HOME YARD OR THE HOME PORT OF A VESSEL ON BOARD WHICH AN OFFICER IS REQUIRED TO PERFORM DUTY, UNDER ORDERS IN EACH CASE WHICH DO NOT IN TERMS PROVIDE FOR THE TERMINATION THEREOF; AND ANY STATION ON SHORE OR ANY RECEIVING SHIP WHERE AN OFFICER IN FACT OCCUPIES WITH HIS DEPENDENTS PUBLIC QUARTERS ASSIGNED TO HIM WITHOUT CHARGE, SHALL ALSO BE DEEMED DURING SUCH OCCUPANCY TO BE HIS PERMANENT STATION WITHIN THE MEANING OF THIS ACT.

UNDER THIS REGULATION THE PERMANENT STATION OF CAPTAIN JEFFERS WAS AT THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH HE WAS ASSIGNED; HIS PERMANENT STATION WAS NOT IN THE CANAL ZONE FOR THE REASONS THE HOME YARD OR HOME PORT OF THE VESSEL TO WHICH HE WAS ASSIGNED WAS NOT THE CANAL ZONE, AND HE DID NOT OCCUPY WITH HIS DEPENDENTS QUARTERS FURNISHED THERE BY THE GOVERNMENT WITHOUT CHARGE.

THE OFFICER'S RIGHT TO THE ALLOWANCE UNDER THE LAW AND THE REGULATIONS IS CLEAR AND THE AMOUNT PAID WILL BE PASSED TO THE CREDIT OF THE DISBURSING OFFICER.