A-561, JULY 17, 1924, 4 COMP. GEN. 63

A-561: Jul 17, 1924

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IS NOT STATIONED AT A "STAFF OFFICE" WITHIN THE MEANING OF THE ACT OF MARCH 4. IS NOT ENTITLED TO QUARTERS AND SUBSISTENCE ALLOWANCES UNDER THE ACT OF JUNE 10. THERE IS FOR CONSIDERATION AND DECISION THE QUESTION WHETHER HE IS ENTITLED TO QUARTERS ALLOWANCE AND COMMUTATION OF RATIONS WHILE ON FURLOUGH DURING THE PERIOD FROM AUGUST 1 TO 30. THERE IS THE FOLLOWING PROVISO: THAT HEREAFTER. ENLISTED MEN OF THE MARINE CORPS SHALL BE ENTITLED TO THE SAME ALLOWANCE FOR RATIONS AS ARE ENLISTED MEN OF THE NAVY. SO FAR AS RATIONS ARE CONCERNED. 1 COMP. IN SO FAR AS IS HERE MATERIAL. THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED. ARE APPLICABLE TO ENLISTED MEN WHILE ON DUTY AND THE ALLOWANCE IS NOT AUTHORIZED TO SUCH ENLISTED MEN WHILE ON FURLOUGH UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW. 3 COMP.

A-561, JULY 17, 1924, 4 COMP. GEN. 63

QUARTERS AND SUBSISTENCE ALLOWANCES - MARINE CORPS ENLISTED MEN ON FURLOUGH AN ENLISTED MAN OF THE MARINE CORPS STATIONED AT THE DEPOT OF SUPPLIES, NAVAL OPERATING BASE, HAMPTON ROADS, VA., IS NOT STATIONED AT A "STAFF OFFICE" WITHIN THE MEANING OF THE ACT OF MARCH 4, 1917, 39 STAT. 1191, NOTWITHSTANDING THAT PLACE HAD BEEN DESIGNATED BY THE MAJOR GENERAL COMMANDANT AS A STAFF OFFICE, AND IS NOT ENTITLED TO QUARTERS AND SUBSISTENCE ALLOWANCES UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 630, WHILE ON FURLOUGH FROM SUCH STATION.

DECISION BY ACTING COMPTROLLER GENERAL GINN, JULY 17, 1924:

IN THE MATTER OF THE CLAIM OF JAMES W. EDWARDS, QUARTERMASTER SERGEANT, UNITED STATES MARINE CORPS, THERE IS FOR CONSIDERATION AND DECISION THE QUESTION WHETHER HE IS ENTITLED TO QUARTERS ALLOWANCE AND COMMUTATION OF RATIONS WHILE ON FURLOUGH DURING THE PERIOD FROM AUGUST 1 TO 30, 1923, FROM DUTY AS CLERK AT THE DEPOT OF SUPPLIES, NAVAL OPERATING BASE, HAMPTON ROADS, VA.

THE ACT OF MARCH 4, 1917, 39 STAT. 1191, PROVIDES:

THAT HEREAFTER NO PART OF THE PAY AND ALLOWANCES AUTHORIZED FOR ENLISTED MEN DETAILED AS CLERKS AND MESSENGERS IN THE OFFICE OF THE MAJOR GENERAL COMMANDANT AND THE SEVERAL STAFF OFFICES SHALL BE FORFEITED WHEN GRANTED FURLOUGH FOR NOT EXCEEDING THIRTY DAYS IN EACH CALENDAR YEAR.

IN THE APPROPRIATION "PROVISIONS, MARINE CORPS," ACT OF JULY 11, 1919, 41 STAT. 154, THERE IS THE FOLLOWING PROVISO:

THAT HEREAFTER, EXCEPT WHEN DETACHED BY THE PRESIDENT OF THE UNITED STATES FOR DUTY WITH THE ARMY, ENLISTED MEN OF THE MARINE CORPS SHALL BE ENTITLED TO THE SAME ALLOWANCE FOR RATIONS AS ARE ENLISTED MEN OF THE NAVY, UNDER SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY.

THIS PROVISION OF LAW BROKE THE ASSIMILATION OF THE MARINE CORPS TO THE ARMY UNDER SECTION 1612, REVISED STATUTES, SO FAR AS RATIONS ARE CONCERNED. 1 COMP. GEN. 39.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, IN SO FAR AS IS HERE MATERIAL, PROVIDES:

TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. THESE REGULATIONS SHALL BE UNIFORM FOR ALL OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. SUBSISTENCE FOR PILOTS SHALL BE PAID IN ACCORDANCE WITH EXISTING REGULATIONS, AND RATIONS FOR ENLISTED MEN MAY BE COMMUTED AS NOW AUTHORIZED BY LAW.

THE SUBSISTENCE AND QUARTERS ALLOWANCES HERE PROVIDED AS FIXED BY THE PRESIDENT IN EXECUTIVE ORDER OF JUNE 19, 1922, ARE APPLICABLE TO ENLISTED MEN WHILE ON DUTY AND THE ALLOWANCE IS NOT AUTHORIZED TO SUCH ENLISTED MEN WHILE ON FURLOUGH UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW. 3 COMP. GEN. 579, MARCH 3, 1924, CASE OF GOODWIN.

THE ACT OF MARCH 4, 1917, CITED, BY THE DIRECTION THAT PAY AND ALLOWANCES SHALL NOT BE FORFEITED, AUTHORIZES THE PAYMENT WHILE ON FURLOUGH OF THE AUTHORIZED ALLOWANCES TO ENLISTED MEN OF THE MARINE CORPS WHO ARE DETAILED FOR DUTY TO THE OFFICE OF THE MAJOR GENERAL COMMANDANT AND THE SEVERAL STAFF OFFICES. AT THE TIME OF THE ENACTMENT, ENLISTED MEN SO DETAILED WERE ENTITLED TO COMMUTATION OF QUARTERS THEREIN PROVIDED WHEN "EMPLOYED AS CLERKS AND MESSENGERS.' 39 STAT. 1190.

THE PROVISION IN THE ACT OF MARCH 4, 1917, IS NOT REPEALED BY IMPLICATION BY THE PROVISION OF THE ACT OF JUNE 10, 1922, PROVIDING A QUARTERS AND SUBSISTENCE ALLOWANCE WHEN ON DUTY TO ENLISTED MEN GENERALLY OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD.

THE QUESTION IN THIS CASE IS THEREFORE WHETHER CLAIMANT WAS DETAILED AS A CLERK OR MESSENGER IN ONE OF "THE SEVERAL STAFF OFFICES" OF THE MARINE CORPS. THE PAPERS SHOW HE WAS "STATIONED AT THE DEPOT OF SUPPLIES, NAVAL OPERATING BASE, HAMPTON ROADS, VA., " AND THAT THE MAJOR GENERAL COMMANDANT BY ORDER OF NOVEMBER, 1920, DESIGNATED IT AS A STAFF OFFICE.

THE ACT OF MARCH 4, 1917, PAGE 1190, PROVIDED UNDER "COMMUTATION OF QUARTERS, MARINE CORPS," FOR---

* * * COMMUTATION OF QUARTERS FOR ENLISTED MEN EMPLOYED AS CLERKS AND MESSENGERS IN THE OFFICES OF THE COMMANDANT, ADJUTANT AND INSPECTOR, PAYMASTER, AND QUARTERMASTER, AND THE OFFICES OF THE ASSISTANT ADJUTANT AND INSPECTORS, ASSISTANT PAYMASTERS, ASSISTANT QUARTERMASTERS, AT $21 EACH PER MONTH, AND FOR ENLISTED MEN EMPLOYED AS MESSENGERS IN SAID OFFICES, AT $10 EACH PER MONTH, * * *.

LIGHT IS THROWN ON THE GENERALITY OF THE PHRASE "THE OFFICES OF THE ASSISTANT ADJUTANT AND INSPECTORS, ASSISTANT PAYMASTERS, ASSISTANT QUARTERMASTERS" BY THE PROVISION IN THE SAME ACT, PAGE 1189, AND IN THE APPROPRIATION ACT OF JANUARY 22, 1923, 42 STAT. 1151, FOR THE FISCAL YEAR 1924 UNDER "PAY OF CIVIL FORCE" FOR THE OFFICES OF THE MAJOR GENERAL COMMANDANT, PAYMASTER, ADJUTANT AND INSPECTOR, AND QUARTERMASTER,IN WASHINGTON, D.C., AND THE OFFICES OF THE ASSISTANT QUARTERMASTERS AT SAN FRANCISCO AND PHILADELPHIA. THESE WERE THE CLASSES OR TYPES OF OFFICES COMPREHENDED IN THE PHRASE "OFFICE OF THE MAJOR GENERAL COMMANDANT AND THE SEVERAL STAFF OFFICES" IN THE ACT OF MARCH 4, 1917.

THE PROVISION FOR THE CONTINUATION OF PAY AND ALLOWANCES WHILE ON FURLOUGH NOT EXCEEDING 30 DAYS PER YEAR, IN THE ACT OF MARCH 4, 1917, IS LIMITED TO STAFF OFFICES AS THEREIN CONTEMPLATED AND DOES NOT EXTEND TO ALL STATIONS AT WHICH ENLISTED MEN ARE ASSIGNED TO STAFF DUTIES.

IT DOES NOT APPEAR THAT CLAIMANT WAS DETAILED AS A CLERK OR MESSENGER AT A STAFF OFFICE WITHIN THE MEANING OF THE ACT OF MARCH 4, 1917, AND HIS CLAIM FOR ALLOWANCE FOR QUARTERS AND SUBSISTENCE AUTHORIZED BY SECTION 11, ACT OF JUNE 10, 1922, 42 STAT. 630, TO ENLISTED MEN ON DUTY AS THEREIN PRESCRIBED MUST BE DISALLOWED.