A-6591, DECEMBER 26, 1924, 4 COMP. GEN. 566

A-6591: Dec 26, 1924

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RENTAL ALLOWANCE - NAVAL OFFICER ON TEMPORARY ADDITIONAL DUTY AN OFFICER OF THE NAVY (WITHOUT DEPENDENTS) WHO WAS ORDERED FROM HIS PERMANENT STATION AT THE NAVAL MEDICAL SCHOOL. IS NOT IN A "FIELD DUTY" STATUS WITHIN THE MEANING OF EXECUTIVE ORDER OF AUGUST 13. IS ENTITLED. WHEREIN HE WAS ALLOWED RENTAL ALLOWANCE IN HIS OWN RIGHT FOR THE PERIODS AUGUST 18 TO 26. WHEREIN WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FOR THE PERIOD FROM AUGUST 27. WHO WAS ON DUTY AT THE NAVAL MEDICAL SCHOOL. IT APPEARS THAT CLAIMANT WAS NOT ASSIGNED PUBLIC QUARTERS AT HIS PERMANENT STATION AND WAS IN RECEIPT OF RENTAL ALLOWANCE WHEN HE WAS ORDERED TO SAID TEMPORARY DUTY. CLAIMANT WAS PAID RENTAL ALLOWANCE (WITHOUT DEPENDENTS).

A-6591, DECEMBER 26, 1924, 4 COMP. GEN. 566

RENTAL ALLOWANCE - NAVAL OFFICER ON TEMPORARY ADDITIONAL DUTY AN OFFICER OF THE NAVY (WITHOUT DEPENDENTS) WHO WAS ORDERED FROM HIS PERMANENT STATION AT THE NAVAL MEDICAL SCHOOL, WASHINGTON, D.C., TO QUANTICO, VA., FOR ADDITIONAL TEMPORARY DUTY IN CONNECTION WITH THE FIELD MANEUVERS OF THE MARINES, IS NOT IN A "FIELD DUTY" STATUS WITHIN THE MEANING OF EXECUTIVE ORDER OF AUGUST 13, 1924, AND, NOT HAVING BEEN ASSIGNED PUBLIC QUARTERS AT HIS PERMANENT STATION, IS ENTITLED, 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, TO RENTAL ALLOWANCE WHILE SERVING ON SUCH ADDITIONAL TEMPORARY DUTY.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 26, 1924:

LIEUT. FRANK K. SOUKUP (M.C.), UNITED STATES NAVY, APPLIED JULY 24, 1924, FOR REVIEW OF SETTLEMENT NO. 031864-N, DATED JUNE 5, 1924, WHEREIN HE WAS ALLOWED RENTAL ALLOWANCE IN HIS OWN RIGHT FOR THE PERIODS AUGUST 18 TO 26, 1923, AND OCTOBER 8 TO 31, 1923, AMOUNTING TO $42.66, AND WHEREIN WAS DISALLOWED HIS CLAIM FOR RENTAL ALLOWANCE FOR THE PERIOD FROM AUGUST 27, 1923, TO OCTOBER 7, 1923, IN THE SUM OF $54.67.

UNDER DATE OF AUGUST 7, 1923, THE BUREAU OF NAVIGATION ISSUED ORDERS TO CLAIMANT, WHO WAS ON DUTY AT THE NAVAL MEDICAL SCHOOL, WASHINGTON, D.C., TO PROCEED TO QUANTICO, VA., FOR TEMPORARY DUTY, IN ADDITION TO HIS PRESENT DUTIES, AND REPORT TO THE COMMANDING GENERAL, MARINE BARRACKS, IN CONNECTION WITH THE MANEUVERS OF THE MARINES. HE REPORTED AS DIRECTED AUGUST 18, 1923, COMPLETED SAID ADDITIONAL TEMPORARY DUTY, OCTOBER 31, 1923, RETURNED TO WASHINGTON, D.C., AND REPORTED FOR DUTY AT THE NAVAL MEDICAL SCHOOL ON THE SAME DATE.

IT APPEARS THAT CLAIMANT WAS NOT ASSIGNED PUBLIC QUARTERS AT HIS PERMANENT STATION AND WAS IN RECEIPT OF RENTAL ALLOWANCE WHEN HE WAS ORDERED TO SAID TEMPORARY DUTY.

CLAIMANT WAS PAID RENTAL ALLOWANCE (WITHOUT DEPENDENTS), FROM AUGUST 18 TO 26, 1923, AND FROM OCTOBER 8 TO 31, 1923, WHILE ON ADDITIONAL TEMPORARY DUTY AT QUANTICO, VA. HOWEVER, RENTAL ALLOWANCE WAS DISALLOWED WHILE HE WAS IN ATTENDANCE AT ACTUAL FIELD MANEUVERS COVERING THE PERIOD FROM AUGUST 27 TO OCTOBER 7, 1923, FOR THE REASON THAT SUCH DUTY WAS CONSIDERED FIELD DUTY.

SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 21, 1924, 43 STAT. 250, 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. * * *

PARAGRAPH 4 OF THE ACT PROVIDES:

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER, HAVING NO DEPENDENTS, WHILE HE IS ON FIELD OR SEA DUTY, * * *.

SEC. 7. THAT THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE FROM AND AFTER JULY 1, 1922.

BY EXECUTIVE ORDER NO. 4063 OF AUGUST 13, 1924, THE TERM "FIELD DUTY" WAS CONSTRUED TO MEAN SERVICE, UNDER ORDERS, WITH TROOPS OPERATING AGAINST AN ENEMY, ACTUAL OR POTENTIAL.

IT IS EVIDENT THAT DUTY WITH AN ORGANIZATION PARTICIPATING IN FIELD MANEUVERS IN TIME OF PEACE AND IN THE HOME COUNTRY IS NOT FIELD DUTY FOR THE PURPOSES OF RENTAL ALLOWANCE. IT IS THEREFORE CONCLUDED THAT CLAIMANT'S DUTY IN CONNECTION WITH THE MANEUVERS OF THE MARINES FROM AUGUST 27 TO OCTOBER 7, 1923, CAN NOT BE CONSIDERED AS FIELD DUTY.

CLAIMANT HAVING BEEN ON ACTIVE DUTY AND ENTITLED TO ACTIVE DUTY PAY AND PUBLIC QUARTERS NOT HAVING BEEN ASSIGNED TO HIM AT HIS PERMANENT STATION IT IS CONCLUDED THAT HE IS ENTITLED TO RENTAL ALLOWANCE (WITHOUT DEPENDENTS) FOR THE PERIOD AUGUST 27 TO OCTOBER 7, 1923, AMOUNTING TO $54.67.

WITH A VIEW TO AVOIDANCE OF DUPLICATION OF PAYMENT UNDER THE AMENDMENT OF SECTION 6 BY ACT OF MAY 31, 1924, AND THE EXECUTIVE ORDER OF AUGUST 13, 1924, AND IN VIEW OF THE PROVISIONS OF THE EXECUTIVE ORDER FOR PAYMENT OF CLAIMS FOR PERIODS PRIOR TO MAY 31, 1924, BY DISBURSING OFFICERS, THE CLAIM IS DISMISSED TO THE FILES. SHOULD CLAIMANT FILE A CERTIFICATE BY HIS PAY OFFICER THAT HE HAS NOT AND WILL NOT PAY THE ITEMS HERE INVOLVED, UPON RECEIPT THEREOF, SETTLEMENT WILL ISSUE IN DUE FORM.