A-5866, DECEMBER 23, 1924, 4 COMP. GEN. 561

A-5866: Dec 23, 1924

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WAS ADVANCED TWO MONTHS' PAY BY THE DISBURSING OFFICER. THE DISBURSING OFFICER IS ENTITLED TO CREDIT IN HIS ACCOUNTS FOR SUCH PAYMENT NOTWITHSTANDING THE OFFICER TO WHOM THE PAYMENT WAS MADE DID NOT REPORT AS DIRECTED AND WAS SUBSEQUENTLY DECLARED A DESERTER. WHEREIN WAS DISALLOWED $378. YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THE U.S.S. FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU AT SUCH TIME AS WILL ENABLE YOU TO PROCEED TO PHILADELPHIA. YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL. WILL REPORT TO THE COMMANDANT SIXTEENTH NAVAL DISTRICT. THE RECORDS SHOW THAT GUNNER HOCKMAN WAS DETACHED FROM DUTY ON BOARD THE U.S.S. HE WAS DECLARED A DESERTER FROM THE UNITED STATES NAVAL SERVICE FROM JUNE 8.

A-5866, DECEMBER 23, 1924, 4 COMP. GEN. 561

NAVY PAY, ADVANCE - CHANGE OF STATION WHERE AN OFFICER OF THE NAVY, DETACHED FROM DUTY ON BOARD THE U.S.S. SAVANNAH AND ORDERED TO DUTY ON THE U.S.S. ARGONNE FOR FURTHER TRANSFER TO THE PHILIPPINE ISLANDS, WAS ADVANCED TWO MONTHS' PAY BY THE DISBURSING OFFICER, IN ACCORDANCE WITH THE ACT OF MARCH 4, 1917, 39 STAT. 1181, AND ARTICLE 1803, NAVY REGULATIONS, 1920, THE DISBURSING OFFICER IS ENTITLED TO CREDIT IN HIS ACCOUNTS FOR SUCH PAYMENT NOTWITHSTANDING THE OFFICER TO WHOM THE PAYMENT WAS MADE DID NOT REPORT AS DIRECTED AND WAS SUBSEQUENTLY DECLARED A DESERTER.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 23, 1924:

LIEUT. JAMES D. G. WOGNUM (S.C.) UNITED STATES NAVY, APPLIED FEBRUARY 21, 1924, THROUGH OFFICIAL CHANNELS, FOR REVIEW OF SETTLEMENT NO. M-2875- N, DATED FEBRUARY 13, 1924, WHEREIN WAS DISALLOWED $378, BEING TWO MONTHS' PAY ADVANCED BY HIM TO GUNNER JOHN V. HOCKMAN, UNITED STATES NAVY, UNDER ORDERS ISSUED BY THE BUREAU OF NAVIGATION, DATED APRIL 30, 1923, AS FOLLOWS:

1. YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THE U.S.S. SAVANNAH, AND FROM SUCH OTHER DUTY AS MAY HAVE BEEN ASSIGNED YOU AT SUCH TIME AS WILL ENABLE YOU TO PROCEED TO PHILADELPHIA, PA., AND ON 8 JUNE, 1923, REPORT TO THE COMMANDANT, FOURTH NAVAL DISTRICT, AND THE COMMANDING OFFICER OF THE U.S.S. ARGONNE FOR DUTY.

2. UPON THE ARRIVAL OF THE U.S.S. ARGONNE AT CAVITE, P.I., YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL; WILL REPORT TO THE COMMANDANT SIXTEENTH NAVAL DISTRICT, AND BY LETTER TO THE COMMANDER IN CHIEF, ASIATIC FLEET FOR SUCH DUTY AS MAY BE ASSIGNED YOU.

THE RECORDS SHOW THAT GUNNER HOCKMAN WAS DETACHED FROM DUTY ON BOARD THE U.S.S. SAVANNAH AT NEW YORK, N.Y., MAY 11, 1923, AND THAT HE DID NOT REPORT ON BOARD THE U.S. ARGONNE ON JUNE 8, 1923, AS ORDERED. SEPTEMBER 8, 1923, HE WAS DECLARED A DESERTER FROM THE UNITED STATES NAVAL SERVICE FROM JUNE 8, 1923, IN THE ABSENCE OF SPECIFIC INFORMATION AS TO HIS WHEREABOUTS.

THE ACT OF MARCH 4, 1917, 39 STAT. 1181, PROVIDES:

* * * HEREAFTER ADVANCES OF PAY NOT TO EXCEED THREE MONTHS' PAY IN ANY ONE CASE MAY BE MADE TO OFFICERS ORDERED TO AND FROM SEA DUTY AND TO AND FROM SHORE DUTY BEYOND THE SEAS, UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE.

ARTICLE 1803, NAVY REGULATIONS, 1920, PROMULGATED IN PURSUANCE OF THIS LAW, PROVIDES:

(1) ALL OFFICERS OF THE NAVY AND MARINE CORPS, WHEN ORDERED TO OR FROM DUTY AT SEA ON THE ATLANTIC AND PACIFIC STATIONS, SHALL BE ENTITLED TO AN ADVANCE OF NOT OVER ONE MONTH'S PAY, PROVIDED THEY ARE NOT IN DEBT TO THE GOVERNMENT FOR AN ADVANCE PREVIOUSLY PAID THEM. ALL SUCH OFFICERS ORDERED TO OR FROM DUTY AT SEA OR ON SHORE ON A FOREIGN STATION OR IN ALASKA SHALL BE ENTITLED TO AN ADVANCE OF NOT OVER TWO MONTHS' PAY. OFFICERS TRANSFERRED FROM ONE SHIP TO ANOTHER, BOTH SHIPS BEING IN COMMISSION ON THE SAME STATION, ARE NOT THEREBY ENTITLED TO SUCH ADVANCE.

GUNNER HOCKMAN HAVING BEEN ORDERED TO SHORE DUTY BEYOND THE SEAS WAS ENTITLED TO AN ADVANCE OF TWO MONTHS' PAY IN ACCORDANCE WITH THE PROVISIONS OF LAW AND REGULATIONS QUOTED ABOVE.

AS THE PURPOSE OF THE LAW WAS TO AUTHORIZE PAYMENT IN ADVANCE OF ITS ACCRUAL AND TO RELIEVE A DISBURSING OFFICER IN CASE THE OFFICER TO WHOM THE ADVANCE WAS MADE SHOULD NOT EARN THE PAY ADVANCED TO HIM, IT IS OBVIOUS THE DISBURSING OFFICER IS ENTITLED TO CREDIT IF THE PAYMENT AS MADE WAS OTHERWISE CORRECT WHEN MADE.

UPON REVIEW THE DISALLOWANCE OF $378 IS CERTIFIED FOR CREDIT IN CLAIMANT'S DISBURSING ACCOUNT.