A-90501, NOVEMBER 27, 1937, 17 COMP. GEN. 449

A-90501: Nov 27, 1937

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

QUARTERS ALLOWANCE - MARINE CORPS ENLISTED MEN DURING TRANSPORTATION WITH THEIR ORGANIZATION OVERSEAS ENLISTED MEN OF THE MARINE CORPS WHO WERE IN RECEIPT OF AUTHORIZED QUARTERS ALLOWANCE PRIOR TO THE EMBARKATION OF THEIR ENTIRE ORGANIZATION FOR "TEMPORARY DUTY BEYOND THE SEAS" WERE NOT BY SUCH CHANGE OF LOCATION OF THEIR ORGANIZATION GIVEN A TEMPORARY DUTY STATUS AWAY FROM THE NORMALLY ASSIGNED DUTY STATION OF THEIR ORGANIZATION WITHIN THE MEANING OF THE ACT OF APRIL 15. ARE NOT ENTITLED TO CONTINUANCE OF RECEIPT OF QUARTERS ALLOWANCE DURING THE PERIOD OF TRANSPORTATION WITH THE ORGANIZATION VIA GOVERNMENT BOAT TO THE OVERSEAS STATION. YOU REQUEST DECISION WHETHER IN THE SITUATION DESCRIBED IN THIS LETTER ENLISTED MEN OF THE SECOND MARINE BRIGADE TO WHOM PAYMENT OF QUARTERS ALLOWANCE WAS AUTHORIZED WHILE SERVING WITH THE FLEET MARINE FORCE AT SAN DIEGO.

A-90501, NOVEMBER 27, 1937, 17 COMP. GEN. 449

QUARTERS ALLOWANCE - MARINE CORPS ENLISTED MEN DURING TRANSPORTATION WITH THEIR ORGANIZATION OVERSEAS ENLISTED MEN OF THE MARINE CORPS WHO WERE IN RECEIPT OF AUTHORIZED QUARTERS ALLOWANCE PRIOR TO THE EMBARKATION OF THEIR ENTIRE ORGANIZATION FOR "TEMPORARY DUTY BEYOND THE SEAS" WERE NOT BY SUCH CHANGE OF LOCATION OF THEIR ORGANIZATION GIVEN A TEMPORARY DUTY STATUS AWAY FROM THE NORMALLY ASSIGNED DUTY STATION OF THEIR ORGANIZATION WITHIN THE MEANING OF THE ACT OF APRIL 15, 1926, AS AMENDED BY THE ACT OF JUNE 20, 1936, 49 STAT. 1545, AND ARE NOT ENTITLED TO CONTINUANCE OF RECEIPT OF QUARTERS ALLOWANCE DURING THE PERIOD OF TRANSPORTATION WITH THE ORGANIZATION VIA GOVERNMENT BOAT TO THE OVERSEAS STATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, NOVEMBER 27, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 13, 1937, WITH WHICH YOU ENCLOSED LETTER FROM THE ACTING PAYMASTER, HEADQUARTERS, UNITED STATES MARINE CORPS, AND ENDORSEMENTS THEREON. YOU REQUEST DECISION WHETHER IN THE SITUATION DESCRIBED IN THIS LETTER ENLISTED MEN OF THE SECOND MARINE BRIGADE TO WHOM PAYMENT OF QUARTERS ALLOWANCE WAS AUTHORIZED WHILE SERVING WITH THE FLEET MARINE FORCE AT SAN DIEGO, CALIF., ARE ENTITLED, DURING THE PERIOD AUGUST 29 TO SEPTEMBER 19, 1937, TO CONTINUE TO RECEIVE THE QUARTERS ALLOWANCE WHICH THEY WERE IN RECEIPT OF ON AUGUST 28, 1937.

IT APPEARS FROM THE INFORMATION FURNISHED THAT BY ORDERS ISSUED AUGUST 25, 1937, THE SECOND MARINE BRIGADE OF THE FLEET MARINE FORCE WAS ORDERED TO EMBARK ON THE U.S.S. CHAUMONT AT SAN DIEGO, CALIF., ON OR ABOUT AUGUST 27, 1937, FOR TRANSPORTATION TO THE ASIATIC STATION FOR ,TEMPORARY DUTY BEYOND THE SEAS; " THAT THE BRIGADE SAILED FROM SAN DIEGO AUGUST 29, 1937, AND REACHED SHANGHAI, CHINA, SEPTEMBER 20, 1937. THE QUESTION IS WHETHER, UNDER PROVISIONS OF THE ACT OF APRIL 15, 1926, 44 STAT. 257, AS AMENDED BY THE ACT OF JUNE 20, 1936, 49 STAT. 1545, THE MEN WHO WERE IN RECEIPT OF QUARTERS ALLOWANCE WHILE AT SAN DIEGO ON AUGUST 28, 1937, ARE ENTITLED TO SUCH ALLOWANCES UNTIL THE BRIGADE REPORTED AT SHANGHAI--- THAT IS, DURING THE PERIOD OF TRANSPORTATION TO THE OVERSEAS STATION.

THE QUARTERS ALLOWANCE AS AUTHORIZED BY SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES:

* * * TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. * * *

THE ACT OF APRIL 15, 1926, 44 STAT. 257, AS AMENDED BY THE ACT OF JUNE 20, 1936, 49 STAT. 1545, PROVIDES:

* * * 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.

QUARTERS AND RATIONS ARE NORMALLY FURNISHED MEN WITH THE ORGANIZATION TO WHICH THEY ARE ASSIGNED. THE PAYMENT OF QUARTERS ALLOWANCE AT A DUTY STATION IN LIEU OF QUARTERS IN KIND IS CONDITIONED ON AVAILABILITY QUARTERS AND THE DUTY ASSIGNMENT OF THE MAN, AND ON AN ADMINISTRATIVE AUTHORITY THEREFOR. SEE 8 COMP. GEN. 82, AT PAGE 85. UNDER THE ACT OF JUNE 20, 1936, WHEN MEN ARE ENTITLED TO QUARTERS ALLOWANCE AT THEIR PERMANENT STATIONS RIGHT TO SUCH ALLOWANCE CONTINUES ,WHILE SICK IN HOSPITAL OR ABSENT FROM THEIR PERMANENT DUTY STATIONS IN A PAY STATUS.' THE ACT OF APRIL 15, 1926, AS AMENDED BY THE ACT OF JUNE 20, 1936, CONTINUES THE RIGHT TO SUCH QUARTERS ALLOWANCE UNDER CONDITIONS IN WHICH THE MAN MAY ACTUALLY BE FURNISHED QUARTERS IN KIND, AS WHEN SICK IN HOSPITAL OR AWAY FROM HIS PERMANENT DUTY STATION ON TEMPORARY DUTY IF THE MAN'S PERMANENT DUTY STATION REMAINS UNCHANGED. WHETHER, IN THE CIRCUMSTANCES STATED, THE MEN IN QUESTION ARE ENTITLED TO CONTINUANCE OF THE QUARTERS ALLOWANCE WHILE THE ORGANIZATION IS BEING TRANSPORTED TO THE OVERSEAS STATION DEPENDS ON WHETHER, IN THAT SITUATION, THEY ARE AWAY FROM THEIR PERMANENT STATIONS IN THE SENSE CONTEMPLATED BY THE ACT.

ALTHOUGH THE SECOND BRIGADE OF THE FLEET MARINE FORCE AT SAN DIEGO WAS ORDERED TO THE ASIATIC STATION FOR "TEMPORARY DUTY BEYOND THE SEAS," THE INDIVIDUALS IN QUESTION MOVED WITH THEIR ORGANIZATION AND WERE NOT ABSENT THEREFROM. WITH RESPECT TO CHANGE IN THE SERVICE CONDITIONS OF THESE MEN UPON EMBARKATION OF THE ORGANIZATION AT SAN DIEGO, CALIF., THEY WERE NECESSARILY FURNISHED QUARTERS IN KIND. A TEMPORARY CHANGE IN THE LOCATION AND DUTY STATUS OF A MAN'S ORGANIZATION WHEN HE MOVES AND SERVES WITH IT DOES NOT GIVE TO THE MAN A TEMPORARY DUTY STATUS AWAY FROM THE NORMALLY ASSIGNED DUTY STATION OR BASE OF THE ORGANIZATION. HIS STATION IS WITH HIS ORGANIZATION. IN THE CIRCUMSTANCES INVOLVED THE MEN OF THE SECOND MARINE BRIGADE WERE NOT ABSENT FROM THEIR PERMANENT DUTY STATION WITHIN THE ACT.

YOU ARE ADVISED THAT BY REASON OF THE ASSIGNMENT OF THE SECOND MARINE BRIGADE OF THE FLEET MARINE FORCE (BASED ON SAN DIEGO, CALIF.) TO TEMPORARY SHORE DUTY BEYOND THE SEAS, THE ENLISTED MEN THEREOF IN RECEIPT OF DULY AUTHORIZED QUARTERS ALLOWANCE AT SAN DIEGO, CALIF., WERE NOT ENTITLED TO CONTINUANCE OF SUCH ALLOWANCE DURING THE PERIOD THEY WERE TRAVELING WITH THE ORGANIZATION TO TEMPORARY OVERSEAS DUTY.