A-3671, APRIL 18, 1925, 4 COMP. GEN. 864

A-3671: Apr 18, 1925

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AN OFFICER OF THE NAVY ENTITLED TO ACTIVE DUTY PAY AND NOT ASSIGNED PUBLIC QUARTERS FOR OCCUPANCY BY HIMSELF AND DEPENDENTS IS ENTITLED TO RENTAL ALLOWANCE NOTWITHSTANDING HIS FAILURE TO PERFORM DUTY DUE TO SICKNESS FOR A PERIOD IN EXCESS OF SIX MONTHS. 1925: THERE WAS RECEIVED JUNE 27. BY WHICH WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FROM JULY 1 TO DECEMBER 15. LIEUTENANT GILLS WAS ORDERED TO REGARD HIMSELF DETACHED FROM DUTY ON BOARD THE RECEIVING SHIP AT SAN FRANCISCO. HE WAS DETACHED FROM THE RECEIVING SHIP AT SAN FRANCISCO. DATE HE REPORTED AND WAS ADMITTED TO THE NAVAL HOSPITAL IN WASHINGTON. TO HAVE BEEN AS FOLLOWS: NOVEMBER 2. REPORTED THAT WHILE LIEUTENANT GILLS WAS ORDERED TO DUTY AT THE NAVAL HOSPITAL.

A-3671, APRIL 18, 1925, 4 COMP. GEN. 864

RENTAL ALLOWANCE WHILE IN HOSPITAL BY VIRTUE OF THE AMENDMENT OF THE JOINT SERVICE PAY ACT BY THE ACT OF MAY 31, 1924, 43 STAT. 250, AN OFFICER OF THE NAVY ENTITLED TO ACTIVE DUTY PAY AND NOT ASSIGNED PUBLIC QUARTERS FOR OCCUPANCY BY HIMSELF AND DEPENDENTS IS ENTITLED TO RENTAL ALLOWANCE NOTWITHSTANDING HIS FAILURE TO PERFORM DUTY DUE TO SICKNESS FOR A PERIOD IN EXCESS OF SIX MONTHS.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 18, 1925:

THERE WAS RECEIVED JUNE 27, 1924, THE REQUEST OF WILLIAM ARMISTEAD GILLS, LIEUTENANT (M.C.), UNITED STATES NAVY, RETIRED, FOR A REVISION OF SETTLEMENT NO. C-173445-N, DATED APRIL 14, 1924, BY WHICH WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FROM JULY 1 TO DECEMBER 15, 1923, AND THE SUM OF $237.33 FOUND DUE BY HIM TO THE UNITED STATES, FOR RENTAL ALLOWANCE RECEIVED FROM APRIL 2 TO JUNE 30, 1923, ON ACCOUNT OF BEING IN A HOSPITAL FOR MORE THAN SIX MONTHS.

ON AUGUST 10, 1922, LIEUTENANT GILLS WAS ORDERED TO REGARD HIMSELF DETACHED FROM DUTY ON BOARD THE RECEIVING SHIP AT SAN FRANCISCO, CALIF., AT SUCH TIME AS WOULD ENABLE HIM TO REPORT ON SEPTEMBER 2, 1922, TO THE COMMANDANT TWELFTH NAVAL DISTRICT AND THE COMMANDING OFFICER OF THE U.S.S. ARGONNE FOR DUTY ON BOARD THAT VESSEL; UPON ARRIVAL OF THE U.S.S. ARGONNE AT ANNAPOLIS, ., TO REGARD HIMSELF DETACHED FROM DUTY ON BOARD THAT VESSEL AND PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT OF THE NAVY YARD FOR SUCH DUTY AS MIGHT BE ASSIGNED HIM AT THE NAVAL HOSPITAL, WASHINGTON, D.C. HE WAS DETACHED FROM THE RECEIVING SHIP AT SAN FRANCISCO, AUGUST 29, 1922; REPORTED TO COMMANDING OFFICER, U.S.S. ARGONNE, SEPTEMBER 7, 1922; DETACHED FROM THE U.S.S. ARGONNE AT HAMPTON ROADS, VA., SEPTEMBER 27, 1922; REPORTED TO COMMANDANT, NAVY YARD, WASHINGTON, D.C., OCTOBER 2, 1922, AND ORDERED TO REPORT TO MEDICAL OFFICER IN COMMAND OF NAVAL HOSPITAL, WASHINGTON, D.C.; REPORTED OCTOBER 2, 1922, TO COMMANDING OFFICER, UNITED STATES NAVAL HOSPITAL, WASHINGTON, D.C., AND ADMITTED FOR TREATMENT SAME DATE IN COMPLIANCE WITH BUREAU OF MEDICINE AND SURGERY INDORSEMENT OF AUGUST 14, 1922. THE SERVICE RECORD OF THE OFFICER SHOWS HIS STATUS FROM OCTOBER 2, 1922, DATE HE REPORTED AND WAS ADMITTED TO THE NAVAL HOSPITAL IN WASHINGTON, TO HAVE BEEN AS FOLLOWS:

NOVEMBER 2, 1922, GRANTED TWO MONTHS' SICK LEAVE UPON DISCHARGE FROM THE HOSPITAL AND UPON EXPIRATION THEREOF TO RETURN THERETO FOR PHYSICAL EXAMINATION TO DETERMINE FITNESS FOR DUTY.

JANUARY 8, 1923, ADMITTED TO NAVAL HOSPITAL, WASHINGTON, D.C.; DISCHARGED JANUARY 29, 1923.

JANUARY 30, 1923, ADMITTED TO SAME HOSPITAL.

FEBRUARY 20, 1923, GRANTED THREE MONTHS' SICK LEAVE UPON DISCHARGE FROM HOSPITAL AND UPON EXPIRATION TO RETURN THERETO FOR PHYSICAL EXAMINATION TO DETERMINE FITNESS FOR DUTY AND UPON COMPLETION AWAIT ORDERS AT WASHINGTON, D.C.

JUNE 14, 1923, ADMITTED SAME HOSPITAL.

DECEMBER 15, 1923, PLACED ON RETIRED LIST.

THE CHIEF OF THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, APRIL 5, 1924, REPORTED THAT WHILE LIEUTENANT GILLS WAS ORDERED TO DUTY AT THE NAVAL HOSPITAL, WASHINGTON, D.C., HIS PHYSICAL CONDITION UPON ARRIVAL WAS SUCH THAT HE WAS NOT FIT FOR DUTY AND INSTEAD OF BEING ASSIGNED TO DUTY, HE WAS PLACED UNDER TREATMENT; THAT HE PERFORMED NO DUTY AT THE HOSPITAL AFTER HIS ARRIVAL OCTOBER 2, 1922. THE COMMANDING OFFICER OF THE NAVAL HOSPITAL, WASHINGTON, D.C., REPORTED JUNE 18, 1924, THAT CLAIMANT WAS NOT ASSIGNED QUARTERS AT THAT HOSPITAL DURING THE PERIOD OCTOBER 2, 1922, TO DECEMBER 15, 1923.

SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, 251, AMENDING SECTION 6, ACT OF JUNE 10, 1922, 42 STAT. 628, RETROACTIVE FROM JULY 1, 1922, PROVIDES AS FOLLOWS:

SEC. 6 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. * * *

(PAR. 4) 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.

LIEUTENANT GILLS WAS ENTITLED TO ACTIVE DUTY PAY FROM JULY 1 TO DECEMBER 14, 1923, INCLUSIVE, AND NOT HAVING BEEN ASSIGNED PUBLIC QUARTERS FOR OCCUPANCY BY HIMSELF AND DEPENDENTS, HE IS ENTITLED, UNDER THE PROVISIONS OF THE ACT OF MAY 31, 1924, TO RENTAL ALLOWANCE FOR THAT PERIOD AMOUNTING TO $437.33. 40 MS. COMP. GEN. 351.

FOR LIKE REASONS, THE OFFICER WAS ENTITLED, BETWEEN APRIL 2 AND JUNE 30, 1923, TO THE RENTAL ALLOWANCE OF $237.33, WHICH HE RECEIVED.

THE SETTLEMENT IS MODIFIED AND THE SUM OF $437.33 IS CERTIFIED DUE CLAIMANT FROM THE UNITED STATES.