A-72173, APRIL 15, 1936, 15 COMP. GEN. 912

A-72173: Apr 15, 1936

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IS NOT ENTITLED UNDER THE ACT OF APRIL 15. FOR THE PERIOD YOU WERE ON AUTHORIZED FURLOUGH FROM JUNE 28. WERE AUTHORIZED EFFECTIVE FROM AND INCLUDING SEPTEMBER 12. THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE. YOU WERE TRANSFERRED IN GRADE TO NEW ORLEANS QUARTERMASTER DEPOT. DIRECTED TO PROCEED THERETO REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY AND YOU WERE AUTHORIZED TO DELAY EN ROUTE FOR YOUR OWN CONVENIENCE NOT TO EXCEED 90 DAYS. DURING THE DELAY EN ROUTE AUTHORIZED FOR YOUR OWN CONVENIENCE YOU WERE NOT ABSENT FROM A PERMANENT DUTY STATION WITHIN THE MEANING OF THE ACT OF APRIL 15.

A-72173, APRIL 15, 1936, 15 COMP. GEN. 912

QUARTERS AND SUBSISTENCE ALLOWANCE - ARMY ENLISTED MAN - DELAY IN REPORTING TO NEW STATION AN ENLISTED MAN OF THE ARMY ORDERED TO MAKE A PERMANENT CHANGE OF STATION, AND AUTHORIZED TO DELAY IN REPORTING THEREAT FOR HIS OWN CONVENIENCE, IS NOT ENTITLED UNDER THE ACT OF APRIL 15, 1926, 44 STAT. 257, TO PAYMENT OF A MONEY ALLOWANCE FOR QUARTERS AND SUBSISTENCE FOR THE PERIOD OF SUCH DELAY.

COMPTROLLER GENERAL MCCARL TO NATHAN BREWSTER, UNITED STATES ARMY, APRIL 15, 1936:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. 0527432, DATED DECEMBER 13, 1935, DISALLOWING YOUR CLAIM UNDER THE PROVISIONS OF THE ACT OF APRIL 15, 1926, 44 STAT. 257, FOR THE MONEY ALLOWANCE FOR SUBSISTENCE AND QUARTERS, LESS THE PRESCRIBED FURLOUGH RATION, FOR THE PERIOD YOU WERE ON AUTHORIZED FURLOUGH FROM JUNE 28, 1935,TO SEPTEMBER 11, 1935, SUBSEQUENT TO DETACHMENT UNDER ORDERS TO MAKE A PERMANENT CHANGE OF STATION FROM PANAMA CANAL DEPARTMENT TO NEW ORLEANS, LA., AT WHICH LATTER PLACE THE MONEY ALLOWANCE FOR SUBSISTENCE AND QUARTERS PRESCRIBED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, WERE AUTHORIZED EFFECTIVE FROM AND INCLUDING SEPTEMBER 12, 1935, THE DATE YOU REPORTED FOR DUTY.

THE ACT OF APRIL 15, 1926, 44 STAT. 257, PROVIDES:

* * * THAT HEREAFTER ENLISTED MEN, INCLUDING THE MEMBERS OF THE UNITED STATES ARMY BAND, ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE SHALL CONTINUE, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, TO RECEIVE SUCH ALLOWANCES WHILE SICK IN HOSPITAL OR ABSENT FROM THEIR PERMANENT-DUTY STATIONS IN A PAY STATUS. PROVIDED FURTHER, THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE.

BY SPECIAL ORDERS NO. 84, HEADQUARTERS, OVERSEAS DISCHARGE AND REPLACEMENT DEPOT, BROOKLYN, Y., DATED JUNE 24, 1935, YOU WERE TRANSFERRED IN GRADE TO NEW ORLEANS QUARTERMASTER DEPOT, NEW ORLEANS, LA., AND DIRECTED TO PROCEED THERETO REPORTING UPON ARRIVAL TO THE COMMANDING OFFICER FOR ASSIGNMENT TO DUTY AND YOU WERE AUTHORIZED TO DELAY EN ROUTE FOR YOUR OWN CONVENIENCE NOT TO EXCEED 90 DAYS. THE NEW ORLEANS QUARTERMASTER DEPOT DID NOT BECOME YOUR PERMANENT DUTY STATION UNTIL SEPTEMBER 12, 1935, THE DATE YOU REPORTED THEREAT FOR ASSIGNMENT TO DUTY. DURING THE DELAY EN ROUTE AUTHORIZED FOR YOUR OWN CONVENIENCE YOU WERE NOT ABSENT FROM A PERMANENT DUTY STATION WITHIN THE MEANING OF THE ACT OF APRIL 15, 1926, AND THAT STATUTE IS NO AUTHORITY FOR PAYMENT TO YOU OF THE ALLOWANCES CLAIMED. THE SETTLEMENT IS CORRECT AND UPON REVIEW IT MUST BE AND IS SUSTAINED.