B-11420, AUGUST 10, 1940, 20 COMP. GEN. 79

B-11420, AUGUST 10, 1940, 20 COMP. GEN. 79

QUARTERS AND SUBSISTENCE - NAVAL PERSONNEL IN A FLEET EMPLOYMENT STATUS NAVAL AVIATION OFFICERS ARE NOT ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE WHEN AWAY FROM THEIR SHIP OR STATION MOVING IN THE PERFORMANCE OF THEIR APPROPRIATE DUTIES IN A "FLEET EMPLOYMENT STATUS" AS DISTINGUISHED FROM A TRAVEL STATUS. UNDER THE NAVAL APPROPRIATION ACT, 1941, QUARTERS MAY BE PROCURED FOR OFFICER AND ENLISTED NAVAL AVIATION PERSONNEL, BY CONTRACT IF NOT OTHERWISE OBTAINABLE, WHEN AWAY FROM THEIR USUAL QUARTERS ON BOARD SHIP IN THE PERFORMANCE OF APPROPRIATE AVIATION DUTIES IN A "FLEET EMPLOYMENT STATUS.' WHERE NAVY ENLISTED AVIATION PERSONNEL HAVE BEEN PLACED BY PROPER ORDERS IN A "FLEET EMPLOYMENT STATUS" WHERE IT IS NOT POSSIBLE FOR THE NAVY TO FURNISH SUBSISTENCE TO THEM OTHERWISE THAN BY CONTRACT, SUBSISTENCE MAY BE PROCURED BY THAT METHOD BUT THE COST SHOULD NOT EXCEED THE LIMIT FIXED BY THE EXECUTIVE ORDER ISSUED PURSUANT TO SECTION 11 OF THE JOINT PAY ACT OF JUNE 10, 1922.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, AUGUST 10, 1940:

I HAVE YOUR LETTER OF JULY 19, 1940, AS FOLLOWS:

THERE IS ENCLOSED HEREWITH A COPY OF A LETTER FROM COMMANDER AIRCRAFT, SCOUTING FORCE, UNITED STATES FLEET, DATED APRIL 15, 1940, WITH COPIES OF ACCOMPANYING ENDORSEMENTS THEREON, RELATIVE TO THE MATTER OF PROVIDING NECESSARY SUBSISTENCE AND LODGING FOR NAVAL AVIATION PERSONNEL IN A FLEET EMPLOYMENT STATUS AT PLACES WHERE LODGING AND SUBSISTENCE CANNOT BE FURNISHED BY THE GOVERNMENT.

THE NAVY DEPARTMENT CONTEMPLATES ISSUANCE OF APPROPRIATE INSTRUCTIONS TO THE SERVICE TO PROVIDE FOR THE PROCUREMENT OF LODGING AND SUBSISTENCE FOR AVIATION PERSONNEL UNDER THE CONDITIONS OUTLINED IN THE ENCLOSED CORRESPONDENCE. IN THIS CONNECTION YOUR DECISION IS REQUESTED WHETHER THE APPROPRIATION " PAY, SUBSISTENCE AND TRANSPORTATION OF NAVAL PERSONNEL," AS PROVIDED IN THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1941 ( PUB. NO. 588, APPROVED JUNE 11, 1940), IS AVAILABLE TO PROCURE, UNDER CONTRACT, THE NECESSARY LODGING FACILITIES AND SUBSISTENCE FOR BOTH OFFICERS AND ENLISTED MEN.

THE CHIEF OF THE BUREAU OF AERONAUTICS EXPRESSES THE OPINION THAT NO CHANGE IS REQUIRED WHERE CURRENT TRAVEL INSTRUCTIONS ARE ADEQUATE TO PROVIDE FOR AVIATION PERSONNEL PERFORMING TRAVEL WHEN ON AN "UNDER ORDERS" STATUS AND RECOMMENDS NO CHANGE IN THE EXISTING PROCEDURES AND INSTRUCTION. AS THE MATTER OF ALLOWANCES WHEN IN A TRAVEL STATUS IS COVERED BY SPECIFIC LAWS, REGULATIONS, AND DECISIONS, IT DOES NOT APPEAR YOUR REQUEST FOR DECISION IS INCLUSIVE OF SUCH A SITUATION. THE CHIEF OF THE BUREAU OF AERONAUTICS IN HIS INDORSEMENTS REFERS TO A DIFFERENT SITUATION, AS FOLLOWS:

3. THIS BUREAU DOES CONSIDER, HOWEVER, THAT THERE IS GREAT NEED FOR SOME ARRANGEMENT WHEREBY LONG-RANGE PATROL PLANES PROCEEDING UNDER A "FLEET EMPLOYMENT STATUS" AS DISTINGUISHED FROM AN ,UNDER ORDERS STATUS" CAN BE FURNISHED QUARTERS AND SUBSISTENCE AT SUCH TIMES AS THEY MAY BE DEPRIVED OF THEIR QUARTERS ON BOARD SHIP DUE TO OPERATING CONDITIONS ENCOUNTERED.

IN THE ACT OF JUNE 11, 1940, PUBLIC, NO. 588, 54 STAT. 265, MAKING APPROPRIATIONS FOR THE NAVY DEPARTMENT AND THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1941, THE FOLLOWING IS FOUND UNDER " BUREAU OF SUPPLIES AND ACCOUNTS--- PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL RSONNEL," PAGE 274:

PAY OF NAVAL PERSONNEL: * * * FOR HIRE OF QUARTERS FOR OFFICERS SERVING WITH TROOPS WHERE THERE ARE NO PUBLIC QUARTERS BELONGING TO THE GOVERNMENT, AND WHERE THERE ARE NOT SUFFICIENT QUARTERS POSSESSED BY THE UNITED STATES TO ACCOMMODATE THEM, AND HIRE OF QUARTERS FOR OFFICERS AND ENLISTED MEN ON SEA DUTY AT SUCH TIMES AS THEY MAY BE DEPRIVED OF THEIR QUARTERS ON BOARD SHIP DUE TO REPAIRS OR OTHER CONDITIONS WHICH MAY RENDER THEM UNINHABITABLE, $7,525; * * *

SUBSISTENCE OF NAVAL PERSONNEL: FOR PROVISIONS AND COMMUTED RATIONS FOR ENLISTED MEN OF THE NAVY, WHICH COMMUTED RATIONS SHALL BE PAID AT THE RATE OF 50 CENTS PER DIEM * * *; SUBSISTENCE OF MEN UNAVOIDABLY DETAINED OR ABSENT FROM VESSELS TO WHICH ATTACHED UNDER ORDERS (DURING WHICH SUBSISTENCE RATIONS TO BE STOPPED ON BOARD SHIP AND NO CREDIT FOR COMMUTATION THEREFOR TO BE GIVEN); QUARTERS AND SUBSISTENCE OF MEN ON DETACHED DUTY; * * *

OFFICERS OF THE NAVY ARE NOT ENTITLED TO SUBSISTENCE AT GOVERNMENT EXPENSE EXCEPT WHEN TRAVELING UNDER PROPER ORDERS. THEREFORE, REGARDLESS OF WHAT THE SITUATION MAY BE WHEN OFFICERS ATTACHED TO THE AERONAUTIC ORGANIZATION OF THE NAVY ARE AWAY FROM THEIR SHIP OR STATION FOR DUTY IN A "FLEET EMPLOYMENT STATUS" (UNDERSTANDING THAT TERM TO MEAN TO BE MOVING IN THE PERFORMANCE OF THEIR APPROPRIATE DUTIES AND NOT IN A TRAVEL STATUS) THEY ARE NOT ENTITLED TO BE SUBSISTED BY THE UNITED STATES.

UNDER THE AUTHORITY OF THE APPROPRIATION ACT QUOTED ABOVE NO REASON IS PERCEIVED WHY QUARTERS MAY NOT BE PROCURED FOR OFFICERS AND ENLISTED MEN OF THE AERONAUTIC ORGANIZATION OF THE NAVY, BY CONTRACT IF NOT OTHERWISE OBTAINABLE, WHEN AWAY FROM THEIR USUAL QUARTERS ON BOARD SHIP IN THE PERFORMANCE OF APPROPRIATE AVIATION DUTIES DESCRIBED AS "FLEET EMPLOYMENT STATUS.' THE OFFICERS IN SUCH A CASE ARE SERVING WITH TROOPS, AND ARE DEPRIVED OF THE USE OF THEIR QUARTERS ABOARD SHIP UNDER CONDITIONS WHICH, WHILE NOT CLEARLY WITHIN THE LETTER OF THE ABOVE QUOTED PROVISION, ARE REASONABLY WITHIN ITS INTENT. OFFICERS WHO ARE STATIONED AT SHORE STATIONS, ALTHOUGH THEY MAY BE FURNISHED QUARTERS IN KIND OR PAID A RENTAL ALLOWANCE, WOULD BE IN A SITUATION OF TEMPORARILY ON DUTY WITH TROOPS AND ENTITLED TO HAVE QUARTERS PROCURED FOR THEM WHILE ENGAGED IN "FLEET EMPLOYMENT STATUS" AND TEMPORARILY PREVENTED FROM RETURNING TO THEIR PROPER STATION.

AS TO SUBSISTENCE OF ENLISTED MEN, IT IS THE DUTY OF THE NAVY DEPARTMENT TO FURNISH SUBSISTENCE FOR THEM; AND IF, IN THE SITUATION IN WHICH BY PROPER ORDERS THE ENLISTED MEN HAVE BEEN PLACED, IT IS NOT POSSIBLE FOR THE NAVY TO FURNISH SUBSISTENCE TO THEM OTHERWISE THAN BY CONTRACT, THE STATUTE WILL PERMIT THE PROCURING OF SUBSISTENCE BY THAT METHOD. BUT IN ADOPTING THAT METHOD THE LIMIT OF COST SHOULD IN NO CIRCUMSTANCES EXCEED THE LIMIT FIXED BY THE EXECUTIVE ORDER ISSUED PURSUANT TO SECTION 11 OF THE JOINT PAY ACT OF JUNE 10, 1922, 42 STAT. 630. SEE 7 COMP. GEN. 781.