A-59296, JANUARY 24, 1935, 14 COMP. GEN. 573

A-59296: Jan 24, 1935

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THE ORDERS TO SO VACATE WERE NOT EFFECTIVE TO CONSTITUTE A LEGAL TERMINATION OF THE ASSIGNMENT PRIOR TO DATE THE OFFICER'S RELIEF REPORTED. PUBLIC QUARTERS NO. 26 AT THIS STATION WILL NO LONGER BE AVAILABLE FOR YOUR OCCUPANCY AFTER 15TH JANUARY 1934. 2. YOUR OCCUPANCY IS TERMINATED TO PERMIT THE QUARTERS TO BE RENOVATED PRIOR TO THE ARRIVAL OF YOUR RELIEF LIEUTENANT COMMANDER LEONARD A. THERE ARE NO OTHER PUBLIC QUARTERS AT THIS STATION AVAILABLE FOR YOUR OCCUPANCY. WAS PAID RENTAL ALLOWANCE BEGINNING JANUARY 16. WAS ASSIGNED THE SAME QUARTERS JANUARY 20. 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-59296, JANUARY 24, 1935, 14 COMP. GEN. 573

TERMINATION OF QUARTERS - NAVY OFFICERS SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 250, PROVIDING THAT NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER WHILE ASSIGNED QUARTERS AT HIS PERMANENT STATION, CONTEMPLATES A LEGAL ASSIGNMENT ACCORDING TO REGULATIONS AND SUCH ASSIGNMENT MAY BE TERMINATED ONLY AS PRESCRIBED BY REGULATIONS. WHERE, UNDER ARTICLE 1819 (4) (E), NAVY REGULATIONS, PROVIDING THAT ASSIGNMENT OF QUARTERS MAY BE TERMINATED "UPON THE RECOMMENDATION OF THE COMMANDING OFFICER AND WITH THE APPROVAL OF THE NAVY DEPARTMENT," A COMMANDING OFFICER, WITHOUT APPROVAL OF THE DEPARTMENT, DIRECTED AN OFFICER TO VACATE ASSIGNED QUARTERS TO PERMIT THE QUARTERS TO BE RENOVATED PRIOR TO THE ARRIVAL OF THE OFFICER'S RELIEF, THE ORDERS TO SO VACATE WERE NOT EFFECTIVE TO CONSTITUTE A LEGAL TERMINATION OF THE ASSIGNMENT PRIOR TO DATE THE OFFICER'S RELIEF REPORTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 24, 1935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF AUDIT ACTION DISALLOWING IN THE DISBURSING ACCOUNT OF LT. L. A. WILLIAMS, (SC), UNITED STATES NAVY, NAVAL STATION, SAMOA, JANUARY 1934, CREDIT FOR $13.60 PAID LT. COMDR. G. P. SEIFERT, (SC), UNITED STATES NAVY, AS RENTAL ALLOWANCE FOR THE PERIOD JANUARY 16 TO 19, 1934.

IT APPEARS THAT ORDERS HAD BEEN ISSUED DETACHING LIEUTENANT COMMANDER SEIFERT FROM DUTY AT THE NAVAL STATION, TUTUILA, WHEN ON DECEMBER 28, 1933, THE COMMANDANT OF THE STATION ISSUED ORDERS AS FOLLOWS: FROM: THE COMMANDANT. TO: LIEUTENANT COMMANDER GEORGE P. SEIFERT (SC), U.S.N. UBJECT: PUBLIC QUARTERS--- VACATING OF.

1. PUBLIC QUARTERS NO. 26 AT THIS STATION WILL NO LONGER BE AVAILABLE FOR YOUR OCCUPANCY AFTER 15TH JANUARY 1934.

2. YOUR OCCUPANCY IS TERMINATED TO PERMIT THE QUARTERS TO BE RENOVATED PRIOR TO THE ARRIVAL OF YOUR RELIEF LIEUTENANT COMMANDER LEONARD A. KLAUER (SC), U.S. NAVY, ON 20 JANUARY 1934.

3. THERE ARE NO OTHER PUBLIC QUARTERS AT THIS STATION AVAILABLE FOR YOUR OCCUPANCY.

PURSUANT TO THIS ORDER, LIEUTENANT COMMANDER SEIFERT VACATED THE QUARTERS ASSIGNED HIM ON JANUARY 15, 1934, AND WAS PAID RENTAL ALLOWANCE BEGINNING JANUARY 16, 1934. LT. COMDR. LEONARD A. KLAUER, THE OFFICER WHO RELIEVED LIEUTENANT COMMANDER SEIFERT, WAS ASSIGNED THE SAME QUARTERS JANUARY 20, 1934.

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 THAT EXCEPT AS OTHERWISE PROVIDED IN THE FOURTH PARAGRAPH OF THE SECTION EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL, OR ITS EQUIVALENT, SHALL, AT ALL TIMES, BE ENTITLED TO THE MONEY ALLOWANCE FOR RENTAL OF QUARTERS. THAT ACT FURTHER PROVIDES 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.

ARTICLE 1819 (4), UNITED STATES NAVY REGULATIONS, PROVIDES, FOR THE TERMINATION OF ASSIGNMENT OF QUARTERS:

(E) WHEN, UPON THE RECOMMENDATION OF THE COMMANDING OFFICER AND WITH THE APPROVAL OF THE NAVY DEPARTMENT.

UNDER DATE OF SEPTEMBER 3, 1933, THE SECRETARY OF THE NAVY APPROVED THE RECOMMENDATION OF THE COMMANDANT OF THE NAVAL STATION, TUTUILA, AS TO TERMINATING ASSIGNMENTS OF QUARTERS AT THAT STATION AS FOLLOWS: FROM: THE SECRETARY OF THE NAVY (NAVY YARD DIVISION). TO: THE COMMANDANT, NAVAL STATION, TUTUILA, SAMOA. SUBJECT: ASSIGNMENT OF QUARTERS TO OFFICERS. REFERENCE: (A) COMDT.1ST. N4-1/00/NS9, GSL/MMD OF 12 AUG. 1931.

1. THE COMMANDANT'S RECOMMENDATION THAT AUTHORITY BE GRANTED TO TERMINATE THE ASSIGNMENT OF QUARTERS TO AN OFFICER BEING RELIEVED FROM THE NAVAL STATION, TUTUILA, SAMOA, AFTER THE ARRIVAL OF HIS RELIEF AND PRIOR TO HIS DETACHMENT IS APPROVED FOR THE REASONS SET FORTH IN REFERENCE (A).

THE AUTHORITY SO GRANTED DOES NOT APPLY TO THIS CASE SINCE LIEUTENANT COMMANDER SEIFERT'S RELIEF APPEARS NOT TO HAVE REPORTED UNTIL JANUARY 20, 1934. IT SEEMS NO EFFORT WAS MADE BY THE COMMANDANT TO OBTAIN THE DEPARTMENT'S APPROVAL OF HIS ORDER TO LIEUTENANT COMMANDER SEIFERT TO VACATE HIS QUARTERS PRIOR TO THE REPORTING OF HIS RELIEF. IT IS STATED IN THE CORRESPONDENCE THAT HAD SUCH APPROVAL BEEN REQUESTED IT WOULD HAVE BEEN GIVEN.

THE LAW EXPRESSLY PROVIDES THAT NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER WHILE "ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK.' THE LAW CONTEMPLATES A LEGAL ASSIGNMENT ACCORDING TO REGULATIONS AND THE REGULATIONS PRESCRIBE THE CONDITIONS IN WHICH AN ASSIGNMENT MAY BE TERMINATED BY THE COMMANDING OFFICER. AN ASSIGNMENT CAN BE LEGALLY TERMINATED ONLY AS PRESCRIBED BY REGULATIONS. IT WAS NOT WITHIN THE AUTHORITY OF THE COMMANDANT OF THE STATION TO TERMINATE LIEUTENANT COMMANDER SEIFERT'S ASSIGNMENT TO PUBLIC QUARTERS PRIOR TO THE ARRIVAL OF HIS RELIEF WITHOUT APPROVAL OF THE DEPARTMENT AND, THEREFORE, SAID ORDERS WERE NOT EFFECTIVE TO CONSTITUTE A LEGAL TERMINATION OF THE ASSIGNMENT OF PUBLIC QUARTERS TO LIEUTENANT COMMANDER SEIFERT PRIOR TO THE DATE HIS RELIEF REPORTED JANUARY 20, 1934. A-27348, MAY 29, 1929; A-46122, APRIL 17, 1933; A-49218, JUNE 30, 1933; 4 COMP. GEN. 591.

UPON REVIEW, THE DISALLOWANCE MUST BE SUSTAINED.