A-79601, SEPTEMBER 9, 1936, 16 COMP. GEN. 222

A-79601: Sep 9, 1936

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IS ENTITLED TO THE ALLOWANCE CONTINUANCE BENEFITS OF THE ACT OF JUNE 20. WHILE ABSENT FROM HIS PERMANENT STATION UNLESS SAID STATION IS CHANGED BY SPECIFIC ORDERS OR BY LIMITATION. AN ENLISTED MAN OF THE MARINE CORPS IN RECEIPT OF COMMUTED RATIONS AT HIS PERMANENT STATION IS NOT. WHO IS TRANSFERRED TO A HOSPITAL FOR TREATMENT. WHEN HIS ACCOUNTS AND RECORDS ARE TRANSFERRED WITH THE MAN TO THE HOSPITAL. IS AN ENLISTED MAN. THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE. - (1) WHEN A PATIENT AT A NAVAL HOSPITAL IS RETURNED TO DUTY. UNDER THE QUOTED REGULATIONS WHEN AN ENLISTED MAN OF THE NAVY IS SENT FROM A SHORE STATION TO A NAVAL HOSPITAL LOCATED WITHIN THE SAME NAVAL DISTRICT THE SAME COMMANDANT OF THE DISTRICT RETAINS GENERAL ADMINISTRATIVE CONTROL OVER THE ENLISTED MAN BOTH BEFORE AND AFTER ENTRY INTO THE HOSPITAL.

A-79601, SEPTEMBER 9, 1936, 16 COMP. GEN. 222

QUARTERS AND SUBSISTENCE ALLOWANCE - NAVY AND MARINE CORPS ENLISTED MEN ACT, JUNE 20, 1936 A NAVY ENLISTED MAN IN RECEIPT OF ALLOWANCES FOR QUARTERS AND SUBSISTENCE, TRANSFERRED TO A HOSPITAL FOR TREATMENT FROM A SHORE STATION WITHIN THE SAME NAVAL DISTRICT, IS ENTITLED TO THE ALLOWANCE CONTINUANCE BENEFITS OF THE ACT OF JUNE 20, 1936, 49 STAT. 1545, WHILE ABSENT FROM HIS PERMANENT STATION UNLESS SAID STATION IS CHANGED BY SPECIFIC ORDERS OR BY LIMITATION, BUT IF TRANSFERRED FROM A SHORE STATION IN A DIFFERENT NAVAL DISTRICT, HE WOULD NOT BE ENTITLED TO THE BENEFITS OF SAID ACT. AN ENLISTED MAN OF THE MARINE CORPS IN RECEIPT OF COMMUTED RATIONS AT HIS PERMANENT STATION IS NOT, BY REASON OF THE ENACTMENT OF THE ACT OF JUNE 20, 1936, 49 STAT. 1545, ENTITLED TO COMMUTATION OF RATIONS WHILE IN A STATUS ANALOGOUS TO THAT OF LEAVE OR FURLOUGH.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, SEPTEMBER 9, 1936:

BY YOUR DIRECTION THERE HAS BEEN RECEIVED THIRD ENDORSEMENT OF AUGUST 6, 1936, FROM THE JUDGE ADVOCATE GENERAL OF THE NAVY, TRANSMITTING A REQUEST FOR ADVANCE DECISION UPON QUESTIONS ARISING UNDER THE ACT OF JUNE 20, 1936, 49 STAT. 1545, AS FOLLOWS:

1. FROM THE CHIEF, BUREAU OF NAVIGATION.

IN THE CASE OF AN ENLISTED MAN ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE, WHO IS TRANSFERRED TO A HOSPITAL FOR TREATMENT, WHEN HIS ACCOUNTS AND RECORDS ARE TRANSFERRED WITH THE MAN TO THE HOSPITAL, DOES SUCH TRANSFER AFFECT HIS RIGHT TO CONTINUE TO RECEIVE SUCH ALLOWANCES WITHIN THE MEANING OF THE ACT OF 20 JUNE, 1936?

CASE I. IF RECEIVED IN THE NAVAL HOSPITAL FROM A SHORE STATION WITHIN THE SAME NAVAL DISTRICT.

CASE II. IF RECEIVED IN THE NAVAL HOSPITAL FROM A SHORE STATION WITHOUT THE NAVAL DISTRICT.

2. FROM THE MAJOR GENERAL COMMANDANT, UNITED STATES MARINE CORPS.

IS AN ENLISTED MAN, IN RECEIPT OF COMMUTED RATIONS AT HIS PERMANENT SHORE STATION, ENTITLED TO CONTINUE, WHILE HIS PERMANENT STATION REMAINS UNCHANGED, TO RECEIVE SUCH COMMUTATION OF RATIONS WHILE ABSENT FROM HIS PERMANENT DUTY STATION IN A PAY STATUS?

THE ACT OF JUNE 20, 1936, 49 STAT. 1545, AMENDED THE ACT OF APRIL 15, 1926, 44 STAT. 257, TO READ AS FOLLOWS:

* * * THAT HEREAFTER ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS, INCLUDING THE MEMBERS OF THE UNITED STATES ARMY, NAVY, AND MARINE CORPS BANDS AND THE NAVAL ACADEMY 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.

PARAGRAPH 2062, MANUAL OF THE MEDICAL DEPARTMENT (1927) PROVIDES:

DISCHARGE OF PATIENTS.--- (A) OFFICERS AND ENLISTED MEN WHEN DISCHARGED FROM TREATMENT SHALL BE TRANSFERRED IN ACCORDANCE WITH THE PROVISIONS OF THE BUREAU OF NAVIGATION MANUAL.

BUREAU OF NAVIGATION MANUAL PROVIDES:

D-7017. TRANSFERS FROM NAVAL HOSPITALS.--- (1) WHEN A PATIENT AT A NAVAL HOSPITAL IS RETURNED TO DUTY, HE SHALL BE TRANSFERRED IN ACCORDANCE WITH THE FOLLOWING POLICY:

(B) IF RECEIVED FROM A SHORE STATION WITHIN THE SAME NAVAL DISTRICT, HE SHALL BE RETURNED TO SUCH DUTY THEREIN AS THE COMMANDANT MAY DIRECT.

(C) IF RECEIVED FROM A SHORE STATION WITHOUT THE NAVAL DISTRICT, HE SHALL BE TRANSFERRED TO THE NEAREST RECEIVING SHIP AND A NOTIFICATION OF THIS ACTION IMMEDIATELY FORWARDED TO THE BUREAU.

PARAGRAPH D-7005 PROVIDES:

MEN ON GENERAL DETAIL.--- (1) A MAN REPORTING ABOARD A RECEIVING SHIP OR AT A RECEIVING STATION SHALL IMMEDIATELY BE PLACED ON GENERAL DETAIL UNLESS THE BUREAU HAS DIRECTED OTHERWISE.

UNDER THE QUOTED REGULATIONS WHEN AN ENLISTED MAN OF THE NAVY IS SENT FROM A SHORE STATION TO A NAVAL HOSPITAL LOCATED WITHIN THE SAME NAVAL DISTRICT THE SAME COMMANDANT OF THE DISTRICT RETAINS GENERAL ADMINISTRATIVE CONTROL OVER THE ENLISTED MAN BOTH BEFORE AND AFTER ENTRY INTO THE HOSPITAL, AND HAS AUTHORITY UPON COMPLETION OF HOSPITALIZATION TO RETURN THE ENLISTED MAN TO THE SAME DUTY STATION WITHOUT THE NECESSITY OF REFERRING THE MATTER OF DISPOSITION TO A HIGHER OFFICIAL; AND IT IS UNDERSTOOD TO BE THE GENERAL PRACTICE TO RETURN THE PATIENT TO THE SAME SHORE STATION FROM WHICH HE ENTERED THE HOSPITAL UNLESS IN THE MEANTIME HIS TOUR OF DUTY THERE HAS EXPIRED OR THE EXIGENCIES OF THE NAVAL SERVICE DEMAND HIS SERVICES ELSEWHERE. FOR PRACTICAL PURPOSES, THEREFORE, AND WITHIN THE MEANING AND INTENT OF THE ACT OF JUNE 20, 1936, PERMANENT STATIONS OF ENLISTED MEN OF THE NAVY REMAIN UNCHANGED FROM THE TIME OF TRANSFER TO A NAVAL HOSPITAL WITHIN THE SAME DISTRICT TO DATE OF RETURN TO THEIR OLD STATION UPON DISCHARGE FROM THE HOSPITAL, UNLESS IN THE MEANTIME ORDERS ARE ISSUED DIRECTING THE REPORTING TO A DIFFERENT STATION.

THE STATION OF AN ENLISTED MAN TRANSFERRED FOR TREATMENT FROM A SHORE STATION TO A NAVAL HOSPITAL LOCATED IN ANOTHER NAVAL DISTRICT IS SUBSTANTIALLY DIFFERENT. UPON COMPLETION OF HIS HOSPITALIZATION AT THE HOSPITAL HE IS REQUIRED TO BE TRANSFERRED TO THE NEAREST RECEIVING SHIP FOR GENERAL DETAIL AT WHATEVER STATION THAT MAY BE DIRECTED BY THE CHIEF OF THE BUREAU OF NAVIGATION. IN CONTEMPLATION OF THE ACT OF JUNE 20, 1936, THEREFORE, THE PERMANENT STATION OF AN ENLISTED MAN OF THE NAVY IS CHANGED UPON TRANSFER FROM HIS SHORE STATION TO A NAVAL HOSPITAL WITHOUT THE NAVAL DISTRICT. IN FACT, HE HAS NO PERMANENT STATION OTHER THAN THE HOSPITAL UNTIL HE IS AGAIN ASSIGNED TO DUTY BY THE BUREAU OF NAVIGATION PURSUANT TO THE INSTRUCTIONS HEREINBEFORE QUOTED FROM THE BUREAU OF NAVIGATION MANUAL.

ACCORDINGLY, IF AN ENLISTED MAN IS RECEIVED IN A NAVAL HOSPITAL FROM A SHORE STATION WITHIN THE SAME DISTRICT HE IS ENTITLED DURING THE PERIOD WHILE ABSENT FROM HIS PERMANENT STATION, UNLESS THAT PERMANENT STATION BE CHANGED BY SPECIFIC ORDERS OR BY SOME LIMITATION PRECLUDING CONTINUANCE OF DUTY AT HIS PERMANENT STATION, TO THE BENEFITS CONTAINED IN THE ACT OF JUNE 20, 1936. FOR REASONS HEREINBEFORE STATED, HOWEVER, AN ENLISTED MAN TRANSFERRED TO A NAVAL HOSPITAL FROM A SHORE STATION IN A DIFFERENT NAVAL DISTRICT IS NOT ENTITLED TO THE BENEFITS OF SAID ACT.

WITH RESPECT TO THE QUESTION PRESENTED BY THE MAJOR GENERAL COMMANDANT, UNITED STATES MARINE CORPS, IT WOULD SEEM THAT INASMUCH AS THE ACT OF JUNE 20, 1936, CONTAINS A SPECIFIC PROVISION THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE, THE INTERROGATION PROPOUNDED HAS REFERENCE TO A SITUATION WHERE THE ENLISTED MAN IS NOT A PATIENT IN A HOSPITAL, BECAUSE THERE HE IS FURNISHED RATIONS OR SUBSISTENCE IN KIND AND NECESSARILY BY THE PROHIBITION CONTAINED IN THE PROVISION OF THE ACT OF JUNE 20, 1936, HE COULD NOT AT THE SAME TIME RECEIVE THE COMMUTED VALUE OF RATIONS HE MAY HAVE BEEN RECEIVING AT HIS PERMANENT STATION.

IN VIEW OF THE PLAIN RESTRICTION CONTAINED IN THE PROVISO OF THE ACT OF JUNE 20, 1936, AND THE LAWS APPLICABLE TO THE MARINE CORPS WHICH PRECLUDE PAYMENT OF COMMUTATION OF RATIONS TO ENLISTED MEMBERS THEREOF EXCEPT WHEN "DOING DUTY," AS TO WHICH SEE 1 COMP. GEN. 39 AND ARTICLE 14-97, MARINE CORPS MANUAL, IT IS ASSUMED THE PURPOSE OF THE QUESTION IS WHETHER THE ENACTMENT OF THE ACT OF JUNE 20, 1936, MODIFIES OR IN ANY WAY AMENDS EXISTING LAW SO AS TO GRANT COMMUTATION OF RATIONS TO ENLISTED MEMBERS OF THE MARINE CORPS WHEN IN A STATUS ANALOGOUS TO THAT OF ON LEAVE OR FURLOUGH.

THE ACT OF JUNE 20, 1936, NEITHER EXPRESSLY NOR BY IMPLICATION EFFECTS A MODIFICATION OF EXISTING LAWS RELATIVE TO THE FURNISHING OF RATIONS TO ENLISTED MEN OF THE NAVY OR MARINE CORPS. THE COMMUTED VALUE OF THE RATION PAID TO ENLISTED MEMBERS OF THE MARINE CORPS OF CERTAIN GRADES UNDER CERTAIN CONDITIONS (ART. 14-97, MARINE CORPS MANUAL), IS PERMITTED WHERE FOR THEIR OWN CONVENIENCE THEY MESS SEPARATELY FROM THE MESS PROVIDED BY THE GOVERNMENT FOR THE ENLISTED MEN ON DUTY AT THE SAME PLACE. THEY ARE NOT "ENLISTED MEN NOT FURNISHED * * * RATIONS IN KIND" BUT ARE ENLISTED MEN FURNISHED RATIONS IN KIND WHO ARE PERMITTED TO MESS SEPARATELY AND PAID THE VALUE OF THE RATIONS. SEE 6 COMP. GEN. 124. THE QUESTION PRESENTED BY THE MAJOR GENERAL COMMANDANT IS UNDERSTOOD BY THIS OFFICE IT MUST, FOR THE REASONS STATED, BE ANSWERED IN THE NEGATIVE.