A-563, DECEMBER 8, 1924, 4 COMP. GEN. 517

A-563: Dec 8, 1924

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IS ENTITLED TO RENTAL ALLOWANCE FOR HIS DEPENDENTS WHILE ON SUCH DUTY. WHERE THERE WERE NO PUBLIC QUARTERS ASSIGNED FOR USE OF THE DEPENDENTS. 1924: THERE IS FOR CONSIDERATION THE QUESTION ARISING IN THE EXAMINATION OF THE ACCOUNTS OF J. AS TO WHETHER HE IS ENTITLED TO CREDIT FOR THE PAYMENT OF RENTAL ALLOWANCE TO LIEUT. CHARLTON WAS DIRECTED UPON THE REPORTING OF LIEUT. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED HIM. THE INDORSEMENTS THEREON SHOW THAT HE WAS DETACHED FROM THE TENNESSEE JANUARY 9. WAS DETACHED FROM THE LATTER VESSEL JANUARY 24. 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.

A-563, DECEMBER 8, 1924, 4 COMP. GEN. 517

RENTAL ALLOWANCE - DEPENDENTS OF NAVAL OFFICERS AN OFFICER OF THE NAVY WITH DEPENDENTS, ATTACHED TO THE U.S.S. ORTOLAN FOR DUTY IN CONNECTION WITH THE SETTLEMENT OF HIS ACCOUNTS AND FURNISHED QUARTERS FOR HIMSELF ON BOARD THE SHIP, IS ENTITLED TO RENTAL ALLOWANCE FOR HIS DEPENDENTS WHILE ON SUCH DUTY, 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, WHERE THERE WERE NO PUBLIC QUARTERS ASSIGNED FOR USE OF THE DEPENDENTS.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 8, 1924:

THERE IS FOR CONSIDERATION THE QUESTION ARISING IN THE EXAMINATION OF THE ACCOUNTS OF J. T. LAREAU, LIEUTENANT (J.G.), SUPPLY CORPS, UNITED STATES NAVY, AS TO WHETHER HE IS ENTITLED TO CREDIT FOR THE PAYMENT OF RENTAL ALLOWANCE TO LIEUT. C. W. CHARLTON, SUPPLY CORPS, UNITED STATES NAVY, AN OFFICER HAVING A DEPENDENT NOT ASSIGNED PUBLIC QUARTERS, FOR THE PERIOD FROM JANUARY 10 TO 24, 1923, WHILE SETTLING ACCOUNTS ON BOARD THE U.S.S. ORTOLAN.

IT APPEARS THAT BY ORDER OF NOVEMBER 24, 1922, AS MODIFIED BY ORDER OF DECEMBER 16, 1922, LIEUT. CHARLTON WAS DIRECTED UPON THE REPORTING OF LIEUT. GEORGE W. MASTERTON, SUPPLY CORPS, UNITED STATES NAVY, TO MAKE THE NECESSARY TRANSFERS TO THAT OFFICER OF PUBLIC FUNDS IN HAND AND ON DEPOSIT, INCLUDING PUBLIC PROPERTY IN HIS POSSESSION; TO REGARD HIMSELF DETACHED FROM DUTY AS ASSISTANT FOR DISBURSING AND ASSISTANT TO THE SUPPLY OFFICER OF THE U.S.S TENNESSEE; AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED HIM; TO REPORT TO THE COMMANDING OFFICER OF THE U.S.S. ORTOLAN AT THE SUBMARINE BASE, SAN PEDRO, CALIF., FOR DUTY ON BOARD THAT VESSEL IN CONNECTION WITH THE SETTLEMENT OF HIS ACCOUNTS. THE INDORSEMENTS THEREON SHOW THAT HE WAS DETACHED FROM THE TENNESSEE JANUARY 9, 1923, REPORTED ON BOARD THE ORTOLAN JANUARY 10, 1923, AND WAS DETACHED FROM THE LATTER VESSEL JANUARY 24, 1923.

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, EFFECTIVE JULY 1, 1922, 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 FOURTH PARAGRAPH OF THIS SECTION PROVIDES:

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.

THE EXECUTIVE ORDER OF AUGUST 13, 1924, PROVIDES, PARAGRAPH 1-/E):

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.

IN THIS CASE THERE WAS NO ASSIGNMENT OF QUARTERS OTHER THAN THE QUARTERS ASSIGNED TO THE OFFICER ON BOARD SHIP FOR HIS PERSONAL USE. AS THE FACTS DO NOT BRING LIEUT. CHARLTON WITHIN THE EXCEPTIONS PRESCRIBED IN SAID FOURTH PARAGRAPH HE WAS ENTITLED TO RENTAL ALLOWANCE FOR THE PERIOD IN QUESTION.