A-57303, SEPTEMBER 27, 1934, 14 COMP. GEN. 258

A-57303: Sep 27, 1934

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QUARTERS - RENTAL ALLOWANCE - WHEN OCCUPYING PUBLIC QUARTERS WHERE AN OFFICER WITHOUT DEPENDENTS IS ASSIGNED AND OCCUPIES PUBLIC QUARTERS AT HIS PERMANENT STATION. PRECLUDE A DETERMINATION BY HIS COMMANDING OFFICER THAT DURING SUCH PERIOD OF OCCUPANCY HE WAS NOT ASSIGNED ADEQUATE QUARTERS. ON THE GROUNDS THAT "THE EVIDENCE ON FILE SHOWS THAT QUARTERS WERE AVAILABLE FOR YOUR USE AND WERE ACTUALLY USED BY YOU OVER THE PERIOD OF YOUR CLAIM. PAYMENT OF THE ALLOWANCE CLAIMED IS NOT AUTHORIZED.'. THAT: THE QUARTERS ACCEPTED BY THIS OFFICER WERE NOT ADEQUATE AS YOU HAVE THE SIGNED STATEMENT OF THE COMMANDING COLONEL TO PROVE. THE QUARTERS WERE ACCEPTED AS A CASE OF NECESSITY TO CARRY OUT THE ORDERS OF THE CORPS AREA COMMANDER THAT ONE OFFICER BE PRESENT IN CAMP AT ALL HOURS.

A-57303, SEPTEMBER 27, 1934, 14 COMP. GEN. 258

QUARTERS - RENTAL ALLOWANCE - WHEN OCCUPYING PUBLIC QUARTERS WHERE AN OFFICER WITHOUT DEPENDENTS IS ASSIGNED AND OCCUPIES PUBLIC QUARTERS AT HIS PERMANENT STATION, THE PROVISIONS OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, PRECLUDE A DETERMINATION BY HIS COMMANDING OFFICER THAT DURING SUCH PERIOD OF OCCUPANCY HE WAS NOT ASSIGNED ADEQUATE QUARTERS.

COMPTROLLER GENERAL MCCARL TO SECOND LT. WILLIAM R. CALL AWAY, UNITED STATES ARMY RESERVE, SEPTEMBER 27, 1934:

THERE HAS BEEN RECEIVED YOUR REQUEST OF AUGUST 1, 1934, FOR REVIEW OF SETTLEMENT NO. 0456144, DATED JUNE 25, 1934, WHICH DISALLOWED YOUR CLAIM FOR RENTAL ALLOWANCE FOR THE PERIOD NOVEMBER 1, 1933, TO MARCH 31, 1934, WHILE ON ACTIVE DUTY PURSUANT TO PARAGRAPH 2, SPECIAL ORDERS NO. 72, HEADQUARTERS, FOURTH CORPS AREA, MAY 12, 1933, AND PARAGRAPH 1, SPECIAL ORDERS NO. 144, DATED FOURTH CORPS AREA, NOVEMBER 1, 1933, WITH STATION AT CIVILIAN CONSERVATION CORPS, COMPANY 1467, TENN. P-51, MORRISTOWN, TENN., ON THE GROUNDS THAT "THE EVIDENCE ON FILE SHOWS THAT QUARTERS WERE AVAILABLE FOR YOUR USE AND WERE ACTUALLY USED BY YOU OVER THE PERIOD OF YOUR CLAIM. BY YOUR ACCEPTANCE AND USE OF THESE QUARTERS IT MUST BE CONSIDERED AS ADEQUATE, AND PAYMENT OF THE ALLOWANCE CLAIMED IS NOT AUTHORIZED.'

YOU STATE IN YOUR LETTER OF AUGUST 1, 1934, THAT:

THE QUARTERS ACCEPTED BY THIS OFFICER WERE NOT ADEQUATE AS YOU HAVE THE SIGNED STATEMENT OF THE COMMANDING COLONEL TO PROVE. THE QUARTERS WERE ACCEPTED AS A CASE OF NECESSITY TO CARRY OUT THE ORDERS OF THE CORPS AREA COMMANDER THAT ONE OFFICER BE PRESENT IN CAMP AT ALL HOURS, BOTH DAY AND NIGHT. BEING THE JUNIOR OFFICER IN THE COMPANY, THE NIGHT DUTY WAS ASSIGNED TO ME, THE OTHER OFFICERS SECURING ADEQUATE QUARTERS AWAY FROM CAMP WITH THEIR WIVES.

WITH YOUR ORIGINAL CLAIM THERE WAS SUBMITTED A CERTIFICATE OF THE COMMANDING OFFICER, HEADQUARTERS, DISTRICT C, CIVILIAN CONSERVATION CORPS, FOURTH CORPS AREA, FORT OGLETHORPE, GA., DATED MAY 10, 1934, AS FOLLOWS:

I CERTIFY THAT WILLIAM R. CALL AWAY, 2D LT., CAV.RES., WAS ON DUTY WITH THE CIVILIAN CONSERVATION CORPS, DISTRICT C, FOURTH CORPS AREA, AT C.C.C. CO. 1467, TENN. P-51, MORRISTOWN, TENN., DURING THE PERIOD MAY 14, 1933, TO MAY 13, 1934, AND THAT DURING THIS PERIOD THE ABOVE OFFICER WAS NOT ASSIGNED ADEQUATE QUARTERS AND THAT NONE WERE AVAILABLE.

SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 250, PROVIDES, INSOFAR AS HERE MATERIAL, THAT:

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.

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.

UNDER AUTHORITY OF THE ABOVE-QUOTED STATUTE REGULATIONS WERE PROMULGATED BY EXECUTIVE ORDER NO. 4063, AUGUST 13, 1924, FOR THE SEVERAL SERVICES "INCLUDING ADJUNCT FORCES THEREOF," IN PART AS FOLLOWS:

(B) EVERY OFFICER PERMANENTLY STATIONED AT A POST, YARD, OR STATION WHERE PUBLIC QUARTERS ARE AVAILABLE, WILL BE ASSIGNED THEREAT AS QUARTERS THE NUMBER OF ROOMS PRESCRIBED BY LAW FOR AN OFFICER OF HIS RANK, OR A LESS NUMBER OF ROOMS DETERMINED BY COMPETENT SUPERIOR AUTHORITY, IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT CONCERNED, TO BE ADEQUATE IN THE PARTICULAR CASE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY; WHICH REGULATIONS SHALL PROVIDE AMONG OTHER THINGS THAT QUARTERS VOLUNTARILY OCCUPIED BY AN OFFICER WITH HIS DEPENDENTS SHALL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE AND SHALL BE ASSIGNED ACCORDINGLY.

PARAGRAPH 2, BL (2) OF THE ARMY REGULATIONS 210/70, PROVIDES:

ANY QUARTERS AT HIS PERMANENT STATION VOLUNTARILY ACCEPTED AND OCCUPIED BY AN OFFICER WHO HAS NO DEPENDENTS OR BY AN OFFICER WITH HIS DEPENDENTS WILL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE.

YOU ADMIT THAT DURING THE PERIOD OF YOUR CLAIM YOU OCCUPIED PUBLIC QUARTERS. UNDER THE PROVISIONS OF THE EXECUTIVE ORDER OF AUGUST 13, 1924, THERE CAN ARISE NO QUESTION AS TO THEIR ADEQUACY. THE CERTIFICATE OF THE COMMANDING OFFICER, HEADQUARTERS, DISTRICT C, CIVILIAN CONSERVATION CORPS, FOURTH CORPS AREA, THAT YOU WERE NOT ASSIGNED ADEQUATE QUARTERS, WHEN AS A FACT YOU ACCEPTED AND OCCUPIED PUBLIC QUARTERS, IS WITHOUT FORCE OR EFFECT TO SET ASIDE THE SPECIFIC PROVISIONS OF THE EXECUTIVE ORDER, AND YOU ARE NOT ENTITLED TO RENTAL ALLOWANCE IN YOUR OWN RIGHT WHILE IN THE OCCUPANCY OF SUCH PUBLIC QUARTERS. SEE 6 COMP. GEN. 369, 371; A-54199, SEPTEMBER 19, 1934, AND CASE OF HENRY P. CARTER V. THE UNITED STATES, DECIDED MARCH 5, 1934. YOUR CLAIM WAS PROPERLY DISALLOWED, AND UPON REVIEW, THE SETTLEMENT IS SUSTAINED.