A-89067, OCTOBER 2, 1937, 17 COMP. GEN. 297

A-89067: Oct 2, 1937

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IS ENTITLED TO THE ALLOWANCE CONTINUANCE BENEFITS OF THE ACT OF JUNE 20. IF AND WHEN HE RETURNS TO DUTY AT THE STATION FROM WHICH HE WAS SENT ON TEMPORARY DUTY. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION A LETTER. IT WILL BE NOTED FROM THE INCLOSURE THAT THE QUESTION PRESENTED FOR DECISION ARISES IN THE PARTICULAR CASE OF WILLIAM BADDERS. WAS PERMANENTLY ATTACHED TO THE RECEIVING STATION. IT IS STATED IN THE CORRESPONDENCE THAT QUARTERS AND SUBSISTENCE ALLOWANCES FOR BADDERS AT $1.95 PER DAY WERE AUTHORIZED BY THE BUREAU OF NAVIGATION EFFECTIVE JULY 7. AT WHICH RATE HE WAS CREDITED TO AND INCLUDING APRIL 26. BOTH QUARTERS AND RATIONS IN KIND WERE FURNISHED BADDERS WHILE ON THE TEMPORARY DUTY IN QUESTION.

A-89067, OCTOBER 2, 1937, 17 COMP. GEN. 297

QUARTERS ALLOWANCE - NAVY ENLISTED MEN ON TEMPORARY DUTY FURNISHED QUARTERS IN KIND - ACT, JUNE 20, 1936 A NAVY ENLISTED MAN IN RECEIPT OF QUARTERS ALLOWANCE AT HIS PERMANENT DUTY STATION, IS ENTITLED TO THE ALLOWANCE CONTINUANCE BENEFITS OF THE ACT OF JUNE 20, 1936, 49 STAT. 1545, FOR A PERIOD OF TEMPORARY DUTY ABOARD NAVAL VESSELS WHERE HE RECEIVED QUARTERS IN KIND, IF AND WHEN HE RETURNS TO DUTY AT THE STATION FROM WHICH HE WAS SENT ON TEMPORARY DUTY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, OCTOBER 2, 1937:

BY YOUR DIRECTION THERE HAS BEEN RECEIVED LETTER OF SEPTEMBER 20, 1937, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION A LETTER, WITH INCLOSURES AND ACCOMPANYING INDORSEMENTS, DATED AUGUST 31, 1937,FROM LIEUTENANT COMMANDER T. M. SCHNOTALA, SUPPLY CORPS, U.S. NAVY, SUPPLY OFFICER, RECEIVING STATION, NAVY YARD, WASHINGTON, D.C., REQUESTING YOUR DECISION ON THE QUESTION AS TO THE RIGHT OF AN ENLISTED MAN OF THE NAVY TO RECEIVE CREDIT FOR QUARTERS ALLOWANCE WHEN ON TEMPORARY DUTY ABOARD THE U.S.S. SIRIUS BEING TRANSPORTED TO THE U.S.S. MALLARD, WHILE ABOARD THE U.S.S. MALLARD PERFORMING DUTY IN CONNECTION WITH WARM WATER TESTS OF DIVERS DECOMPRESSION TABLES, AND WHILE ABOARD THE U.S.S. TEXAS FOR RETURN TO RECEIVING STATION, NAVY YARD, WASHINGTON, D.C., HIS PERMANENT DUTY STATION.

IT WILL BE NOTED FROM THE INCLOSURE THAT THE QUESTION PRESENTED FOR DECISION ARISES IN THE PARTICULAR CASE OF WILLIAM BADDERS, CHIEF MACHINIST'S MATE (PA), U.S. NAVY, WHO, WHILE ABSENT FROM HIS REGULAR DUTY STATION ON TEMPORARY DUTY AS STATED ABOVE DURING THE PERIOD APRIL 27, 1937, TO JUNE 27, 1937, INCLUSIVE, WAS PERMANENTLY ATTACHED TO THE RECEIVING STATION, NAVY YARD, WASHINGTON, D.C., AND DETAILED TO DUTY AT THE EXPERIMENTAL DIVING UNIT AT THAT PLACE.

IT IS STATED IN THE CORRESPONDENCE THAT QUARTERS AND SUBSISTENCE ALLOWANCES FOR BADDERS AT $1.95 PER DAY WERE AUTHORIZED BY THE BUREAU OF NAVIGATION EFFECTIVE JULY 7, 1936, AT WHICH RATE HE WAS CREDITED TO AND INCLUDING APRIL 26, 1937, IMMEDIATELY PRECEDING HIS TEMPORARY DUTY STATUS. OBVIOUSLY, BOTH QUARTERS AND RATIONS IN KIND WERE FURNISHED BADDERS WHILE ON THE TEMPORARY DUTY IN QUESTION.

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.

I APPREHEND THAT THE QUESTION ARISES BY REASON OF THE NAVY METHOD OF TRANSFERRING A MAN'S ACCOUNT, EVEN THOUGH SENT FROM HIS PERMANENT STATION FOR THE PERFORMANCE OF TEMPORARY DUTY. AN ASPECT OF THIS SITUATION IN THIS CONNECTION WAS CONSIDERED IN 16 COMP. GEN. 222. THE DISBURSING OFFICER STATES THAT BADDERS WAS CREDITED WITH QUARTERS ALLOWANCE "INCLUDING 26 APRIL 1937, THE DATE OF CLOSING" BADDERS'ACCOUNT. BADDERS' ORDER OF APRIL 26, 1937, FROM THE COMMANDING OFFICER OF THE RECEIVING STATION AT WASHINGTON STATED "RECORDS AND ACCOUNTS ARE PLACED IN YOUR CUSTODY FOR DELIVERY TO THE U.S.S. SIRIUS.' IN SUCH A CASE CREDIT IS AUTHORIZED UPON RETURN OF THE MAN TO HIS PERMANENT STATION PURSUANT TO ORDERS WHICH SPECIFICALLY PROVIDE FOR HIS RETURN TO SUCH PERMANENT STATION, BUT CREDIT IS NOT AUTHORIZED CURRENTLY WHILE HIS ACCOUNTS ARE CARRIED ON SHIPS OR AT OTHER STATIONS. THAT IS, THE ORDER TO TEMPORARY DUTY IS NOT THE ONLY TEST UNDER THE STATUTE. IN VIEW OF THE CLOSING OUT OF THE MAN'S ACCOUNT AND HIS PRACTICAL SEPARATION FROM HIS PERMANENT STATION BY THE ORDER, WHETHER HE IS IN FACT ON TEMPORARY DUTY IS TO BE DETERMINED BY WHETHER HE RETURNS AND RESUMES DUTY AT THE STATION FROM WHICH HE WAS SENTON TEMPORARY DUTY.

YOU ARE ADVISED THAT ON THE EVIDENCE PRESENTED BADDERS IS ENTITLED TO QUARTERS ALLOWANCE AS AUTHORIZED FOR HIM AT HIS PERMANENT STATION DURING THE PERIOD HE WAS AWAY FROM HIS PERMANENT STATION ON THE TEMPORARY DUTY IN QUESTION.