A-8658, APRIL 18, 1925, 4 COMP. GEN. 874

A-8658: Apr 18, 1925

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OCCUPIES THE STATUS OF AN OFFICER ON SEA DUTY AND IS ENTITLED TO SEA DUTY PAY WHILE IN THE PERFORMANCE OF SUCH DUTY. IS PRIMARILY LIABLE FOR PAYMENTS MADE TO THE ALLOTTEE AFTER THE DISCHARGE OF THE ENLISTED MAN AND SUCH ILLEGAL PAYMENTS ARE PROPERLY CHARGEABLE AGAINST THE SUPPLY OFFICER'S ACCOUNT. WHILE THE OFFICER WAS ON TEMPORARY DUTY ON BOARD THE RECEIVING SHIP AT PUGET SOUND. WAS ASSIGNED TO TEMPORARY DUTY ON BOARD THE RECEIVING SHIP AT PUGET SOUND. WAS QUARTERED AND MESSED ON BOARD THIS VESSEL. WAS DETACHED THEREFROM FEBRUARY 6. WAS CLEARLY THAT OF AN OFFICER UNDER ORDERS TO DUTY AT SEA. HE WAS THEREFORE ENTITLED TO SEA PAY. 24 COMP. THIS MAN WAS DISCHARGED FROM THE NAVY JULY 20.

A-8658, APRIL 18, 1925, 4 COMP. GEN. 874

NAVAL RESERVE FORCE PAY - SEA DUTY - OVERPAYMENTS OF ALLOTMENTS AN OFFICER OF THE NAVAL RESERVE FORCE ORDERED TO REPORT FOR TEMPORARY DUTY ON BOARD A RECEIVING SHIP OF THE NAVY AND QUARTERED AND MESSED THEREON, OCCUPIES THE STATUS OF AN OFFICER ON SEA DUTY AND IS ENTITLED TO SEA DUTY PAY WHILE IN THE PERFORMANCE OF SUCH DUTY. A SUPPLY OFFICER OF THE NAVY WHO FAILS TO NOTIFY THE NAVY ALLOTMENT OFFICE TO DISCONTINUE AN ALLOTMENT BY AN ENLISTED MAN OF THE NAVY UPON HIS DISCHARGE, AS REQUIRED BY THE NAVY REGULATIONS, IS PRIMARILY LIABLE FOR PAYMENTS MADE TO THE ALLOTTEE AFTER THE DISCHARGE OF THE ENLISTED MAN AND SUCH ILLEGAL PAYMENTS ARE PROPERLY CHARGEABLE AGAINST THE SUPPLY OFFICER'S ACCOUNT.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 18, 1925:

LIEUT. J. W. OVERAND (SC), UNITED STATES NAVY, CUSTODIAN OF THE PAPERS IN THE ACCOUNTS OF LATE LIEUT. R. L. GRESSITT (SC), UNITED STATES NAVY, DECEASED, APPLIED SEPTEMBER 3 AND 9, 1924, FOR REVIEW OF THE ITEMS OF $13.22 AND $280, DISALLOWED IN THE DECEASED OFFICER'S ACCOUNT IN SETTLEMENT NO. M-7214-N, DATED MAY 26, 1924, ON ACCOUNT OF ERRONEOUS PAYMENTS MADE TO ENSIGN HARRELL CLIFFORD, UNITED STATES NAVAL RESERVE FORCE, AND TO JAMES STEWART WILSCHER, SEAMAN, FIRST CLASS, UNITED STATES NAVY, RESPECTIVELY.

THE ITEM OF DISALLOWANCE OF $13.22, IN THE CASE OF ENSIGN CLIFFORD, REPRESENTS THE DIFFERENCE BETWEEN SEA PAY AT $1,870 AND SHORE PAY AT $1,700 PER ANNUM FROM JANUARY 9 TO FEBRUARY 6, 1922, WHILE THE OFFICER WAS ON TEMPORARY DUTY ON BOARD THE RECEIVING SHIP AT PUGET SOUND, WASH.

UNDER ORDERS OF DECEMBER 23, 1921, ENSIGN CLIFFORD REPORTED TO THE COMMANDANT OF THE THIRTEENTH NAVAL DISTRICT, JANUARY 7, 1922, AND WAS ASSIGNED TO TEMPORARY DUTY ON BOARD THE RECEIVING SHIP AT PUGET SOUND, WASH., REPORTED THEREON FOR DUTY JANUARY 9, 1922, WAS QUARTERED AND MESSED ON BOARD THIS VESSEL, AND WAS DETACHED THEREFROM FEBRUARY 6, 1922. HIS STATUS, DURING THIS PERIOD, WAS CLEARLY THAT OF AN OFFICER UNDER ORDERS TO DUTY AT SEA, AND HE WAS THEREFORE ENTITLED TO SEA PAY. 24 COMP. DEC. 145, 183; 20 ID. 651; 17 ID. 516; 15 ID. 8.

THE DISALLOWANCE IN THE CASE OF WILSCHER OF $280 REPRESENTS OVERPAYMENTS OF ALLOTMENT S AND A, FORM 6, AT $35 PER MONTH, REGISTERED ON THE U.S.S. CHANCEY FOR 16 MONTHS, AND PAID BY THE NAVY ALLOTMENT OFFICE, FROM MARCH, 1922, TO MARCH, 1923, INCLUSIVE, 13 MONTHS AT $35 PER MONTH, AMOUNTING TO $455. THIS MAN WAS DISCHARGED FROM THE NAVY JULY 20, 1922, AND HIS ACCOUNT WAS CHECKED FOR SAID ALLOTMENT ONLY FROM MARCH, 1922, TO JULY, 1922, FIVE MONTHS AT $35 PER MONTH OR $175, AND THROUGH THE FAILURE OF THE SUPPLY OFFICER CARRYING HIS ACCOUNT TO STOP PAYMENTS THEREOF IN THE NAVAL ALLOTMENT OFFICE, THE ALLOTMENT WAS OVERPAID THE DIFFERENCE BETWEEN $455 AND $175, OR $280.

LIEUTENANT OVERAND STATED THAT THE ABOVE ERROR WAS DUE TO AN OVERSIGHT ON THE PART OF THE CLERICAL FORCE CLOSING OUT THE ACCOUNT AND THE OFFICER- ASSISTANT CHECKING THE ACCOUNT PRIOR TO DISCHARGE. HE ALSO STATES THAT DUE TO THE GREAT VOLUME OF WORK CARRIED ON BY LIEUTENANT GRESSITT, AND CONSIDERING THE FACT THAT HE WAS IN VERY POOR HEALTH DURING THE LAST SIX MONTHS OF DUTY AT THE RECEIVING SHIP, PUGET SOUND, WASH., IT WAS A PHYSICAL IMPOSSIBILITY FOR HIM TO PERSONALLY CHECK, IN DETAIL, ALL ACCOUNTS COMING UP FOR DISCHARGE. HE FURTHER STATES THAT NO RECORD IS AVAILABLE SHOWING THAT A STOP NOTICE WAS SENT TO THE NAVY ALLOTMENT OFFICE IN THIS CASE.

THE SUPPLY OFFICER HAVING FAILED TO SEND NOTICE TO DISCONTINUE THE ALLOTMENT IN QUESTION UPON THE DISCHARGE OF THE ENLISTED MAN, AS REQUIRED BY ART. 1805 (6) OF THE NAVY REGULATIONS, 1920, AND AS A RESULT OF SUCH FAILURE PAYMENTS WERE MADE TO THE ALLOTTEE FOR A PERIOD OF TIME SUBSEQUENT TO SAID DISCHARGE, VIZ, FROM AUGUST, 1922, TO MARCH, 1923, AMOUNTING TO $280, THE SUPPLY OFFICER IS PRIMARILY LIABLE FOR THE PAYMENTS SO ILLEGALLY MADE, AND THE AMOUNT THEREOF IS PROPERLY CHARGEABLE AGAINST HIS ACCOUNT. 15 COMP. DEC. 306; 18 MS. COMP. GEN. 791, FEBRUARY 15, 1923; 35 ID. 1275, JULY 31, 1924.

UPON REVIEW THERE IS CERTIFIED FOR CREDIT IN THE ACCOUNTS OF LIEUT. R. L. GRESSITT, DECEASED, $13.22, AND THE SETTLEMENT IS SUSTAINED AS TO $280 THEREIN DISALLOWED.