A-4726, DECEMBER 11, 1924, 4 COMP. GEN. 528

A-4726: Dec 11, 1924

Additional Materials:

Contact:

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

 

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

SURRENDERED HIS QUARTERS UPON GOING ON A LEAVE OF ABSENCE AT THE EXPIRATION OF WHICH HE WAS TO REPORT AT SAN FRANCISCO FOR TRANSFER TO HONOLULU. FOR PERMANENT DUTY IS ENTITLED TO RENTAL ALLOWANCE FOR HIMSELF AND DEPENDENTS. WHEREIN WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FOR THE PERIOD AUGUST 4 TO SEPTEMBER 22. THE ALLOWANCE WAS CLAIMED ON ACCOUNT OF A WIFE. ANNOUNCED THAT HE WAS GRANTED LEAVE FOR ONE MONTH AND TEN DAYS. IS DEPARTING ON LEAVE. THE EXPIRATION OF WHICH HE IS REPORTING AT SAN FRANCISCO. SUCH RATE FOR ONE ROOM IS HEREBY FIXED AT $20 PER MONTH FOR THE FISCAL YEAR 1923. NO RENTAL ALLOWANCE SHALL ACCRUE * * * 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.

A-4726, DECEMBER 11, 1924, 4 COMP. GEN. 528

RENTAL ALLOWANCE - CHANGE OF STATION - ARMY OFFICER AN OFFICER OF THE ARMY WITH DEPENDENTS WHO, PURSUANT TO WAR DEPARTMENT REGULATIONS RELATING TO THE ASSIGNMENT AND RELINQUISHMENT OF PUBLIC QUARTERS, SURRENDERED HIS QUARTERS UPON GOING ON A LEAVE OF ABSENCE AT THE EXPIRATION OF WHICH HE WAS TO REPORT AT SAN FRANCISCO FOR TRANSFER TO HONOLULU, T.H., FOR PERMANENT DUTY IS ENTITLED TO RENTAL ALLOWANCE FOR HIMSELF AND DEPENDENTS, UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, FOR THE PERIOD OF SUCH LEAVE.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 11, 1924:

HAROLD L. CLARK, FIRST LIEUTENANT, AIR SERVICE, UNITED STATES ARMY, REQUESTED REVIEW OF SETTLEMENT NO. M-83726-W, DATED NOVEMBER 23, 1923, WHEREIN WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FOR THE PERIOD AUGUST 4 TO SEPTEMBER 22, 1923. THE ALLOWANCE WAS CLAIMED ON ACCOUNT OF A WIFE.

PARAGRAPH 63, SPECIAL ORDERS NO. 141, DATED WAR DEPARTMENT, JUNE 18, 1923, ANNOUNCED CLAIMANT'S RELIEF FROM DUTY AT LANGLEY FIELD, VA., EFFECTIVE AT SUCH TIME AS WOULD ENABLE HIM TO COMPLY WITH THAT ORDER AND ORDERED HIM TO PROCEED AT THE PROPER TIME TO SAN FRANCISCO, CALIF., AND SAIL ON THE TRANSPORT SCHEDULED TO LEAVE THAT PORT ON OR ABOUT SEPTEMBER 25, 1923, FOR HAWAII, AND UPON ARRIVAL AT HONOLULU TO REPORT TO THE COMMANDING GENERAL, HAWAIIAN DEPARTMENT, FOR ASSIGNMENT TO DUTY WITH THE AIR SERVICE.

PARAGRAPH 40, SPECIAL ORDERS NO. 154, DATED WAR DEPARTMENT, JULY 3, 1923, ANNOUNCED THAT HE WAS GRANTED LEAVE FOR ONE MONTH AND TEN DAYS, EFFECTIVE ON OR ABOUT AUGUST 15, 1923, AND PARAGRAPH 2, SPECIAL ORDERS NO. 158, DATED HEADQUARTERS, LANGLEY FIELD, VA., JULY 19, 1923, ANNOUNCED A FURTHER GRANT OF LEAVE FOR TEN DAYS, EFFECTIVE AUGUST 5, 1923.

UNDER DATE OF AUGUST 4, 1923, LIEUT.COL. CHARLES H. DANFORTH, COMMANDING, HEADQUARTERS, LANGLEY FIELD, VA., SIGNED THE FOLLOWING STATEMENT:

FIRST LIEUTENANT HAROLD L. CLARK, A.S., HAS THIS DATE RELINQUISHED QUARTERS AT THIS POST, HIS PERMANENT DUTY STATION, AND IS DEPARTING ON LEAVE, THE EXPIRATION OF WHICH HE IS REPORTING AT SAN FRANCISCO, FOR TRANSPORTATION TO HONOLULU, HIS NEW PERMANENT STATION.

SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, AMENDING BY SUBSTITUTION SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, PROVIDES:

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. THE AMOUNT OF SUCH MONEY ALLOWANCE FOR THE RENTAL OF QUARTERS SHALL BE DETERMINED BY THE RATE FOR ONE ROOM * * *. SUCH RATE FOR ONE ROOM IS HEREBY FIXED AT $20 PER MONTH FOR THE FISCAL YEAR 1923, AND THIS RATE SHALL BE THE MAXIMUM AND SHALL BE USED BY THE PRESIDENT AS THE STANDARD IN FIXING THE SAME OR LOWER RATES FOR SUBSEQUENT YEARS.

TO AN OFFICER HAVING A DEPENDENT, RECEIVING THE BASE PAY OF THE * * * SECOND PERIOD THE AMOUNT OF THIS ALLOWANCE SHALL BE EQUAL TO THAT FOR THREE ROOMS, * * *.

NO RENTAL ALLOWANCE SHALL ACCRUE * * * 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.

SECTION 7 OF THIS SAME ACT PROVIDES:

THAT THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE FROM AND AFTER JULY 1, 1922.

PARAGRAPH 2 (A) OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, PROVIDES:

II. ASSIGNMENT OF QUARTERS.--- (A) THE ASSIGNMENT OF QUARTERS TO AN OFFICER SHALL CONSIST OF THE DESIGNATION IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT CONCERNED OF QUARTERS CONTROLLED BY THE GOVERNMENT FOR OCCUPANCY WITHOUT CHARGE BY THE OFFICER AND HIS DEPENDENTS, IF ANY.

WAR DEPARTMENT REGULATIONS MADE IN PURSUANCE OF PARAGRAPH 2-A OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, PROVIDE:

2. TERMINATION OF ASSIGNMENTS.--- A. AN OFFICER'S ASSIGNMENT OF QUARTERS AT HIS PERMANENT STATION SHALL BE TERMINATED BY THE OFFICER CHARGEABLE WITH MAKING ASSIGNMENTS OF QUARTERS THEREAT UNDER THE FOLLOWING CONDITIONS, AND, EXCEPT AS PROVIDED IN PARAGRAPH 3C BELOW, UNDER NO OTHER CONDITIONS, UNLESS UPON SPECIFIC ORDER OF THE ADJUTANT GENERAL.

(3) ON HIS DEPARTURE FROM HIS PERMANENT STATION * * *, ON LEAVE OF ABSENCE * * *, UNDER ORDERS WHICH RELIEVE HIM FROM DUTY AT HIS PERMANENT STATION DURING OR AT THE TERMINATION OF HIS ABSENCE, UNLESS THE OFFICER FILES REQUEST TO THE CONTRARY.

PARAGRAPH 3 C ABOVE REFERRED TO HAS REFERENCE TO TERMINATION OF JOINT OCCUPANCY OF QUARTERS BY TWO OR MORE OFFICERS OR THEIR DEPENDENTS BY THE WITHDRAWAL OF ONE OF THEM.

BETWEEN AUGUST 4 AND SEPTEMBER 22, 1923, CLARK WAS "ON ACTIVE DUTY" AND "ENTITLED TO ACTIVE DUTY PAY," AND AS HE RELINQUISHED QUARTERS ON AUGUST 4, 1923, BY DIRECTION OF THE COMMANDING OFFICER AT LANGLEY FIELD, THE "COMPETENT SUPERIOR AUTHORITY" AT LANGLEY FIELD, CONTEMPLATED BY THE LAW, AND THEREAFTER TO AND INCLUDING SEPTEMBER 22, 1923, WAS NOT AGAIN ASSIGNED QUARTERS, HE IS ENTITLED, UNDER THE ACT OF MAY 31, 1924, ITS PROVISIONS BEING EFFECTIVE FROM JULY 1, 1922, AND EXECUTIVE ORDER AND REGULATIONS MADE IN PURSUANCE THEREOF, TO RENTAL ALLOWANCE FOR THE PERIOD AUGUST 5 TO SEPTEMBER 22, 1923.

HOWEVER, IN VIEW OF THE PROVISIONS OF PARAGRAPH 3-/D) OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, AND OF PARAGRAPH 4-B OF THE WAR DEPARTMENT REGULATIONS ON THE SUBJECT, AND TO AVOID DUPLICATION OF PAYMENTS, THE CLAIM WILL BE DISMISSED TO THE FILES UNTIL HE FILES WITH THIS OFFICE CERTIFICATE FROM THE FINANCE OFFICER WHO REGULARLY PAYS HIM THAT HE, THE FINANCE OFFICER, HAS NOT AND WILL NOT PAY HIM RENTAL ALLOWANCE FOR THE PERIOD COVERED BY THIS CLAIM, AND SUCH CERTIFICATE IS FORWARDED THROUGH THE OFFICE OF THE CHIEF OF FINANCE.