A-32150, AUGUST 8, 1930, 10 COMP. GEN. 61

A-32150: Aug 8, 1930

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QUARTERS ALLOWANCE - NAVY ENLISTED MEN PAYMENT TO AN ENLISTED MAN OF THE NAVY OF A MONETARY ALLOWANCE FOR QUARTERS IS ONLY AUTHORIZED WITH THE APPROVAL OF THE BUREAU OF NAVIGATION WHEN QUARTERS ARE ACTUALLY NOT AVAILABLE. OR BECAUSE OF THE DUTY ASSIGNMENT OF THE ENLISTED MAN IT IS IMPRACTICAL TO ASSIGN HIM QUARTERS WHICH OTHERWISE WOULD BE AVAILABLE. PROVIDES IN PART: (1) ENLISTED MEN ON SHORE DUTY WHEN QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AT THE STATION TO WHICH ATTACHED. * * * ARE PAID ALLOWANCES IN THE ABSENCE OF QUARTERS AND SUBSISTENCE IN ACCORDANCE WITH AN EXECUTIVE ORDER AND MODIFICATIONS THERETO BASED ON THE ACT OF JUNE 10. 1922. (2) THE TERM "QUARTERS" MEANS QUARTERS EQUIVALENT TO THOSE A MAN WOULD HAVE ASSIGNED HIM ON BOARD SHIP AS AN ENLISTED MEMBER OF THE NAVAL SERVICE.

A-32150, AUGUST 8, 1930, 10 COMP. GEN. 61

QUARTERS ALLOWANCE - NAVY ENLISTED MEN PAYMENT TO AN ENLISTED MAN OF THE NAVY OF A MONETARY ALLOWANCE FOR QUARTERS IS ONLY AUTHORIZED WITH THE APPROVAL OF THE BUREAU OF NAVIGATION WHEN QUARTERS ARE ACTUALLY NOT AVAILABLE, OR BECAUSE OF THE DUTY ASSIGNMENT OF THE ENLISTED MAN IT IS IMPRACTICAL TO ASSIGN HIM QUARTERS WHICH OTHERWISE WOULD BE AVAILABLE.

COMPTROLLER GENERAL MCCARL TO EDWARD S. DOWNS, CHIEF PHARMACIST'S MATE, UNITED STATES NAVY, AUGUST 8, 1930:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0295512, DATED MAY 10, 1930, WHICH DISALLOWED YOUR CLAIM FOR A MONETARY ALLOWANCE OF 75 CENTS PER DAY FOR QUARTERS FROM AUGUST 30, 1929, TO FEBRUARY 10, 1930, WHILE SERVING AS A CHIEF PHARMACIST'S MATE AT THE UNITED STATES NAVAL HOSPITAL, NORFOLK, VA.

BUREAU OF NAVIGATION MANUAL, 1925, SECTION D-10101, PROVIDES IN PART:

(1) ENLISTED MEN ON SHORE DUTY WHEN QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AT THE STATION TO WHICH ATTACHED, * * * ARE PAID ALLOWANCES IN THE ABSENCE OF QUARTERS AND SUBSISTENCE IN ACCORDANCE WITH AN EXECUTIVE ORDER AND MODIFICATIONS THERETO BASED ON THE ACT OF JUNE 10, 1922.

(2) THE TERM "QUARTERS" MEANS QUARTERS EQUIVALENT TO THOSE A MAN WOULD HAVE ASSIGNED HIM ON BOARD SHIP AS AN ENLISTED MEMBER OF THE NAVAL SERVICE.

BUNKS ARE DEFINED AS "SUITABLE" QUARTERS FOR CHIEF PETTY OFFICERS AND FOR ALL OTHER ENLISTED MEN BELOW THAT GRADE, AS NOTED ABOVE.

(5) THESE INSTRUCTIONS WILL BE SCRUPULOUSLY OBSERVED BY ALL COMMANDING OFFICERS BEFORE STATING ON ANY REQUEST THAT "QUARTERS AND MESSING FACILITIES ARE, OR ARE NOT, AVAILABLE.'

YOUR CLAIM FOR QUARTERS ALLOWANCE FOR THE PERIOD, AUGUST 30, 1929, TO FEBRUARY 10, 1930, WAS FORWARDED TO THE COMMANDING OFFICER, NORFOLK NAVAL HOSPITAL, FOR REPORT ON APRIL 10, 1930. THE COMMANDING OFFICER BY SECOND INDORSEMENT DATED APRIL 11, 1930, ADVISED THE CHIEF OF BUREAU OF SUPPLIES AND ACCOUNTS IN PART AS FOLLOWS:

2. ATTENTION IS INVITED TO SUBJECT SECOND INDORSEMENT, 11 SEPTEMBER, 1929, OF CHIEF OF THE BUREAU OF NAVIGATION WHEREIN THE WORDS ARE USED "PROVIDED HE IS NOT IN EXCESS OF THE TOTAL AUTHORIZED ALLOWANCE OF CHIEF PETTY OFFICERS AT THAT STATION," AND, FURTHER, TO PARAGRAPH ONE OF THIS INDORSEMENT WHEREIN IT IS STATED THAT ALLOWANCE FOR QUARTERS AT THIS HOSPITAL MIGHT ONLY BE GIVEN TO A TOTAL OF THREE (3) MEN AND THAT THIS MUST NOT BE EXCEEDED.

3. DURING THE TIME COVERED BY THIS CLAIM THE TOTAL NUMBER OF MEN AUTHORIZED (3) WERE RECEIVING THE ALLOWANCE FOR QUARTERS. IN VIEW OF THIS FACT THE AUTHORIZATION BY THE BUREAU OF NAVIGATION IN THE CASE OF DOWNS COULD NOT BE MADE EFFECTIVE.

SINCE THE NAVAL HOSPITAL, NORFOLK, VA., IS A PERMANENT NAVAL POST WHERE OVER 200 ENLISTED MEN ARE QUARTERED, AND IN VIEW OF THE DEFINITION THAT BUNKS ARE "SUITABLE QUARTERS" FOR A CHIEF PETTY OFFICER, IT IS EVIDENT THAT YOU WERE NOT ON DUTY WHERE QUARTERS IN KIND COULD NOT HAVE BEEN FURNISHED HAD YOU DESIRED TO UTILIZE THEM.

PAYMENT OF A MONETARY ALLOWANCE FOR QUARTERS IS ONLY AUTHORIZED WITH THE APPROVAL OF THE BUREAU OF NAVIGATION (BUREAU OF NAVIGATION MANUAL D-10105) WHEN QUARTERS ARE ACTUALLY NOT AVAILABLE FOR AN ENLISTED MAN OR BECAUSE OF HIS DUTY ASSIGNMENT IT IS IMPRACTICAL TO ASSIGN HIM QUARTERS. AUTHORIZATION OF THE ALLOWANCE IN YOUR CASE WAS MADE CONDITIONAL UPON THE FACT THAT SUCH PAYMENT TO YOU WOULD NOT MAKE THE NUMBER OF CHIEF PETTY OFFICERS IN RECEIPT OF SUCH ALLOWANCE IN EXCESS OF THREE, THAT IS, NOT MORE THAN THREE CHIEF PETTY OFFICERS WERE AUTHORIZED TO BE ASSIGNED TO DUTIES MAKING IMPRACTICAL THE ASSIGNMENT OR USE BY THEM OF QUARTERS PROVIDED FOR ENLISTED MEN. THIS IS THE ONLY POSSIBLE CONSTRUCTION TO BE PLACED ON THE DEPARTMENT'S AUTHORIZATION, AS IF QUARTERS WERE AVAILABLE FOR ALL ENLISTED MEN AND NONE WERE ASSIGNED TO DUTY MAKING IMPRACTICAL THE USE OF AVAILABLE QUARTERS PAYMENT OF THE ALLOWANCE TO THREE OF THE ENLISTED MEN WAS ENTIRELY ILLEGAL. YOUR COMMANDING OFFICER STATES AND THE RECORD SHOWS THAT FOR THE PERIOD OF YOUR CLAIM THREE CHIEF PETTY OFFICERS WERE PAID THE ALLOWANCE FOR QUARTERS. THERE WAS, THEREFORE, NO AUTHORIZATION TO PAY YOU THE ALLOWANCE.

THERE IS NO BASIS FOR YOUR CLAIM, AND IT WAS PROPERLY DISALLOWED.