A-68084, DECEMBER 17, 1935, 15 COMP. GEN. 524

A-68084: Dec 17, 1935

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OF PUBLIC QUARTERS JOINTLY WITH ANOTHER NAVAL OFFICER TO WHOM THE QUARTERS ARE ASSIGNED. IN THE CITY IN WHICH THE NAVY YARD IS LOCATED. HE IS NOT ENTITLED TO RENTAL ALLOWANCE DURING THE PERIOD OF SUCH OCCUPANCY. TO RENTAL ALLOWANCE FOR THE PERIOD THAT HE AND HIS DEPENDENTS (MINOR CHILDREN) WERE VOLUNTARILY LIVING IN PUBLIC QUARTERS AT THE NAVAL OBSERVATORY. IS LIEUT. WHILE OCCUPYING THE QUARTERS WITH HIS DEPENDENTS IN VIEW OF THE FACT THAT THE QUARTERS ARE NOT AT HIS PERMANENT STATION? 2. IS HE ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITH OR WITHOUT DEPENDENTS FROM OCTOBER 5 TO NOVEMBER 3 WHILE ON LEAVE? 3. IS HE ENTITLED TO RENTAL ALLOWANCE WITH OR WITHOUT DEPENDENTS DURING THE PERIODS FROM SEPTEMBER 15 TO OCTOBER 4.

A-68084, DECEMBER 17, 1935, 15 COMP. GEN. 524

RENTAL ALLOWANCE - NAVY OFFICERS - JOINT OCCUPANCY OF PUBLIC QUARTERS THE VOLUNTARY OCCUPATION BY A NAVY OFFICER, ASSIGNED FOR DUTY AT A NAVY YARD, AND HIS DEPENDENTS, OF PUBLIC QUARTERS JOINTLY WITH ANOTHER NAVAL OFFICER TO WHOM THE QUARTERS ARE ASSIGNED, IN THE CITY IN WHICH THE NAVY YARD IS LOCATED, CONSTITUTES ASSIGNMENT OF QUARTERS AT HIS PERMANENT STATION, AND HE IS NOT ENTITLED TO RENTAL ALLOWANCE DURING THE PERIOD OF SUCH OCCUPANCY, OR WHILE ON LEAVE OF ABSENCE OR ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION.

COMPTROLLER GENERAL MCCARL TO LT. MYRON W. WILLARD, UNITED STATES NAVY, DECEMBER 17, 1935:

BY DIRECTION OF THE SECRETARY OF THE NAVY THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION RELATIVE TO THE RIGHT OF LT. (JR.GR.) JAMES FRANCIS BYRNE, UNITED STATES NAVY, TO RENTAL ALLOWANCE FOR THE PERIOD THAT HE AND HIS DEPENDENTS (MINOR CHILDREN) WERE VOLUNTARILY LIVING IN PUBLIC QUARTERS AT THE NAVAL OBSERVATORY, WASHINGTON, D.C., AS FOLLOWS:

1. IS LIEUT. (J.G.) BYRNE ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITH DEPENDENTS FROM MAY 31 TO OCTOBER 4, 1935, WHILE OCCUPYING THE QUARTERS WITH HIS DEPENDENTS IN VIEW OF THE FACT THAT THE QUARTERS ARE NOT AT HIS PERMANENT STATION?

2. IS HE ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITH OR WITHOUT DEPENDENTS FROM OCTOBER 5 TO NOVEMBER 3 WHILE ON LEAVE?

3. IS HE ENTITLED TO RENTAL ALLOWANCE WITH OR WITHOUT DEPENDENTS DURING THE PERIODS FROM SEPTEMBER 15 TO OCTOBER 4, 1935, AND NOVEMBER 4 TO NOVEMBER 9, 1935, WHILE ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION?

BY BUREAU OF NAVIGATION ORDERS, MAY 13, 1935, LIEUTENANT BYRNE WAS DETACHED FROM DUTY AT THE NAVAL ACADEMY, ANNAPOLIS, MD., WITH DIRECTIONS TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT, NAVY YARD, FOR DUTY UNDER INSTRUCTIONS UNDER THE SUPERVISION OF POSTGRADUATE SCHOOL. ENDORSEMENTS THEREON SHOW THAT HE REPORTED TO THE COMMANDANT, NAVY YARD, WASHINGTON, D.C., ON JUNE 3, 1935, AT WHICH TIME HE WAS INFORMED THAT NO PUBLIC QUARTERS WERE AVAILABLE FOR HIM AT THE YARD. ON AUGUST 7, 1935, ORDERS WERE ISSUED TO HIM DIRECTING PERFORMANCE OF TEMPORARY ADDITIONAL DUTY AS FOLLOWS:

1. ON 19 AUGUST 1935 YOU WILL REPORT TO THE CHIEF OF THE BUREAU OF ORDNANCE, WASHINGTON, D.C., FOR TEMPORARY DUTY IN ATTENDANCE UPON A POSTGRADUATE COURSE OF INSTRUCTION IN ORDNANCE.

2. UPON THE COMPLETION OF THIS TEMPORARY DUTY ON 13 SEPTEMBER 1935 YOU WILL PROCEED TO EDGEWOOD, MD., AND ON 15 SEPTEMBER 1935 REPORT TO THE COMMANDING OFFICER, EDGEWOOD ARSENAL, AND THE COMMANDING OFFICER, NAVAL UNIT, EDGEWOOD ARSENAL, FOR TEMPORARY DUTY WITH THE NAVAL UNIT UNDER INSTRUCTION IN CHEMICAL WARFARE.

3. UPON THE COMPLETION OF THIS TEMPORARY DUTY ON 5 OCTOBER 1935 YOU WILL PROCEED TO YORKTOWN, VA., AND REPORT TO THE INSPECTOR OF ORDNANCE IN CHARGE, NAVAL MINE DEPOT, FOR TEMPORARY DUTY IN ATTENDANCE UPON A POSTGRADUATE COURSE OF INSTRUCTION IN ORDNANCE.

4. UPON THE COMPLETION OF THIS TEMPORARY DUTY ON 9 NOVEMBER 1935 YOU WILL PROCEED TO INDIAN HEAD, MD., AND REPORT ON 11 NOVEMBER 1935 TO THE INSPECTOR OF ORDNANCE IN CHARGE, NAVAL POWDER FACTORY, FOR DUTY IN ATTENDANCE UPON A POSTGRADUATE COURSE OF INSTRUCTION IN ORDNANCE UNTIL 23 NOVEMBER 1935.

5. YOU ARE HEREBY AUTHORIZED TO DELAY UNTIL 4 NOVEMBER 1935 IN REPORTING TO YORKTOWN, VA., IN OBEDIENCE TO THESE ORDERS.

6. KEEP THE BUREAU OF NAVIGATION ADVISED OF YOUR ADDRESS.

7. THIS DELAY WILL COUNT AS LEAVE. UPON THE COMMENCEMENT OF THE LEAVE YOU WILL IMMEDIATELY INFORM THIS BUREAU OF THE EXACT DATE, AND UPON THE EXPIRATION THEREOF YOU WILL RETURN THE ATTACHED FORM, GIVING THE DATES OF COMMENCEMENT AND EXPIRATION.

8. THIS IS IN ADDITION TO YOUR PRESENT DUTIES, AND UPON THE COMPLETION THEREOF YOU WILL RETURN TO WASHINGTON, D.C., AND RESUME YOUR REGULAR DUTIES.

LIEUTENANT BYRNE HAS FURNISHED THE CERTIFICATE REQUIRED OF OFFICERS WHOSE ONLY DEPENDENTS ARE MINOR CHILDREN, AS REQUIRED IN 9 COMP. GEN. 299, AND STATES THAT HIS CHILDREN, JAMES F. AND PATRICK S., AGE 3 YEARS AND 2 YEARS, RESPECTIVELY, LIVE WITH THEIR GRANDPARENT, REAR ADMIRAL W. H. STANDLEY, U.S. NAVY, IN QUARTERS A, U.S. NAVAL OBSERVATORY, WASHINGTON, D.C.

THE ACT OF DECEMBER 10, 1928 (45 STAT. 1018) PROVIDES:

THAT THE SECRETARY OF THE NAVY, IN HIS DISCRETION, IS HEREBY AUTHORIZED TO ASSIGN TO THE CHIEF OF NAVAL OPERATIONS THE PUBLIC QUARTERS CONSTRUCTED UNDER THE AUTHORITY OF A PROVISION CONTAINED IN THE ACT OF MARCH 2, 1891 (TWENTY-EIGHTH STATUTES AT LARGE, PAGE 806), FOR THE OFFICIAL RESIDENCE OF THE SUPERINTENDENT OF THE NAVAL OBSERVATORY IN THE DISTRICT OF COLUMBIA.

SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924 (43 STAT. 250), PROVIDES THAT NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED ADEQUATE QUARTERS AT HIS PERMANENT STATION. THE STATUTE REQUIRES REGULATIONS TO BE ISSUED BY THE PRESIDENT AND EXECUTIVE ORDER OF AUGUST 13, 1924, ISSUED PURSUANT THERETO REQUIRES THAT THE REGULATIONS OF THE SERVICES INCLUDED IN THE ACT SHALL PROVIDE, AMONG OTHER THINGS, THAT "QUARTERS VOLUNTARILY OCCUPIED BY AN OFFICER WITH HIS DEPENDENTS SHALL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE.'

ARTICLE 1819 (3) (C) AND (F), NAVY REGULATIONS, PROVIDES:

(C) ANY QUARTERS AT THE PERMANENT STATION OF OFFICERS INVOLVED VOLUNTARILY OCCUPIED JOINTLY BY TWO OR MORE OFFICERS HAVING NO DEPENDENTS; JOINTLY BY TWO OR MORE OFFICERS WITH THEIR DEPENDENTS; JOINTLY BY AN OFFICER WITHOUT DEPENDENTS AND AN OFFICER WITH HIS DEPENDENTS; JOINTLY BY AN OFFICER AND THE DEPENDENTS OF ANOTHER OFFICER; OR JOINTLY BY THE DEPENDENTS OF TWO OR MORE OFFICERS, SHALL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE FOR THE OCCUPANCY OF SUCH OFFICERS OR OF SUCH OFFICERS AND THEIR DEPENDENTS. IF THE QUARTERS SO JOINTLY OCCUPIED WERE PREVIOUSLY ASSIGNED TO ONE OF THE OFFICERS, THE ASSIGNMENT TO THE ONE OFFICER WILL BE TERMINATED AND A JOINT ASSIGNMENT MADE FROM THE DATE OF THE JOINT OCCUPANCY. A JOINT ASSIGNMENT OF QUARTERS SHALL BE TERMINATED WHEN EITHER OFFICER (WITH HIS DEPENDENTS, IF ANY) CEASES TO PARTICIPATE IN THE JOINT OCCUPANCY OF SUCH QUARTERS.

(F) NO COMMANDING OFFICER SHALL PERMIT ANY OFFICER, WHILE IN A RENTAL ALLOWANCE STATUS, OR THE DEPENDENTS OF ANY SUCH OFFICER, TO OCCUPY JOINTLY WITH ANOTHER OFFICER QUARTERS ASSIGNED TO SUCH OTHER OFFICER, EXCEPT FOR BRIEF VISITS.

ALTHOUGH ASSIGNED TO PERMANENT DUTY AT THE NAVY YARD, WASHINGTON, D.C., LIEUTENANT BYRNE'S STATION IS WASHINGTON, D.C. BUT INDEPENDENTLY OF THAT FACT THE EXECUTIVE ORDER OF AUGUST 13, 1924, IN PARAGRAPH 1 UNDER THE HEADING OF "DEFINITIONS" PROVIDES:

(C) 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, AS 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.

THE VOLUNTARY OCCUPATION BY LIEUTENANT BYRNE AND HIS DEPENDENTS OF QUARTERS AT THE NAVAL OBSERVATORY ASSIGNED TO ADMIRAL STANDLEY REQUIRED THAT THE QUARTERS BE ASSIGNED JOINTLY TO ADMIRAL STANDLEY AND LIEUTENANT BYRNE, THE ACT OF DECEMBER 10, 1928, NOT MODIFYING THE REQUIREMENTS OF THE PRESIDENTIAL REGULATIONS UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, AND WHERE THE OFFICER AND HIS DEPENDENTS HAVE HAD THE BENEFIT OF OCCUPANCY OF PUBLIC QUARTERS WITHOUT COST TO HIM THAT WILL BE CONSIDERED AS DONE WHICH SHOULD HAVE BEEN DONE.

UNDER PROVISIONS OF SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED, AN OFFICER ASSIGNED PUBLIC QUARTERS AT HIS PERMANENT STATION IS NOT ENTITLED TO RENTAL ALLOWANCE WHILE AWAY FROM HIS PERMANENT STATION ON TEMPORARY DUTY OR ON LEAVE. 4 COMP. GEN. 591. ACCORDINGLY, YOU ARE ADVISED THAT BY REASON OF THE JOINT OCCUPANCY BY LIEUTENANT BYRNE AND HIS DEPENDENTS AND ANOTHER OFFICER OF QUARTERS AT HIS PERMANENT STATION, WASHINGTON, D.C., ASSIGNED TO THE OTHER OFFICER, HE IS NOT ENTITLED EITHER IN HIS OWN RIGHT OR BY REASON OF DEPENDENTS TO RENTAL ALLOWANCE FOR THE PERIODS HE WAS ON TEMPORARY DUTY OR ON LEAVE.