B-115094, OCTOBER 5, 1953, 33 COMP. GEN. 141

B-115094: Oct 5, 1953

Additional Materials:

Contact:

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

 

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

QUARTERS ALLOWANCE - RENTAL OF QUARTERS OPERATED BY NAVY EXCHANGE QUONSET HUTS ON GUAM BUILT ORIGINALLY FOR AND USED AS ADMINISTRATION BUILDING AND LIBRARY WHICH WERE SUBSEQUENTLY RENOVATED AND TRANSFERRED TO THE NAVY EXCHANGE TO BE USED AS QUARTERS FOR NAVY EXCHANGE CIVILIAN SUPERVISORS ON RENTAL BASIS. - ARE NOT PUBLIC QUARTERS CONSTRUCTED OR DESIGNATED FOR OCCUPANCY BY MILITARY PERSONNEL WITHOUT CHARGE WITHIN MEANING OF ACT OF JULY 2. 149 ON THE ISLAND OF GUAM WERE BUILT ORIGINALLY FOR AND USED AS ADMINISTRATION BUILDING AND LIBRARY. THAT IN JANUARY 1952 THERE WAS AUTHORIZED TO BE USED FROM THE NAVY SHIP'S STORE OFFICE. THAT SUCH RENOVATION WAS COMPLETED IN FEBRUARY 1952 AT A FINAL COST OF $15.

B-115094, OCTOBER 5, 1953, 33 COMP. GEN. 141

QUARTERS ALLOWANCE - RENTAL OF QUARTERS OPERATED BY NAVY EXCHANGE QUONSET HUTS ON GUAM BUILT ORIGINALLY FOR AND USED AS ADMINISTRATION BUILDING AND LIBRARY WHICH WERE SUBSEQUENTLY RENOVATED AND TRANSFERRED TO THE NAVY EXCHANGE TO BE USED AS QUARTERS FOR NAVY EXCHANGE CIVILIAN SUPERVISORS ON RENTAL BASIS--- RENT TO BE PAID TO NAVY EXCHANGE--- ARE NOT PUBLIC QUARTERS CONSTRUCTED OR DESIGNATED FOR OCCUPANCY BY MILITARY PERSONNEL WITHOUT CHARGE WITHIN MEANING OF ACT OF JULY 2, 1945, SO AS TO DEPRIVE A MEMBER OF THE UNIFORMED SERVICES OCCUPYING SUCH QUARTERS WITH HIS WIFE--- A NAVY EXCHANGE CIVILIAN EMPLOYEE--- OF HIS RIGHT TO QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENT WIFE.

COMPTROLLER GENERAL WARREN TO C. A. PETERSON, DEPARTMENT OF THE NAVY, OCTOBER 5, 1953:

BY LETTER DATED MAY 5, 1953, THE JUDGE ADVOCATE OF THE NAVY FORWARDED TO THIS OFFICE YOUR LETTER OF APRIL 4, 1953 (NS109 (SSS) (L16 5) RB SERIAL: 210), WITH ENCLOSURES, REQUESTING AN ADVANCE DECISION AS TO THE LEGALITY OF CREDITING THE PAY ACCOUNT OF HARRY DANCEY, JR., 359 93 36, BMC, U.S. NAVY, WITH BASIC ALLOWANCE FOR QUARTERS ON ACCOUNT OF A DEPENDENT WIFE FOR THE PERIOD DURING WHICH HE OCCUPIED GOVERNMENT OWNED RENTAL QUARTERS UNDER THE CIRCUMSTANCES HEREINAFTER SET FORTH.

IT APPEARS FROM THE EVIDENCE ENCLOSED WITH YOUR LETTER THAT QUONSET HUTS 143, 144, 145, 146, 147, 148, AND 149 ON THE ISLAND OF GUAM WERE BUILT ORIGINALLY FOR AND USED AS ADMINISTRATION BUILDING AND LIBRARY; THAT IN JANUARY 1952 THERE WAS AUTHORIZED TO BE USED FROM THE NAVY SHIP'S STORE OFFICE, GUAM, THE SUM OF $12,000 TO RENOVATE THE SAID HUTS AS QUARTERS FOR THE NAVY EXCHANGE CIVILIAN SUPERVISORS; THAT SUCH RENOVATION WAS COMPLETED IN FEBRUARY 1952 AT A FINAL COST OF $15,200, LESS FURNITURE AND OTHER EQUIPMENT, WHICH WAS FURNISHED TO THE EXCHANGE BY THE NAVY SHIP'S STORE OFFICE AT NO COST; THAT QUONSET HUTS 144, 146, 148, AND 149 HAVE BEEN RENOVATED AS QUARTERS FOR NAVY EXCHANGE CIVILIAN SUPERVISORS; THAT QUONSET HUTS, 143, 145, AND 147 ARE BEING HELD FOR FUTURE USE AS CIVILIAN QUARTERS OR OTHER FACILITIES SUCH AS COMMUNITY LAUNDRY OR STOREROOMS; AND THAT SAID QUONSET HUTS WERE TRANSFERRED TO THE NAVY EXCHANGE, NAVAL SUPPLY DEPOT, AT NO COST, TO BE USED AS QUARTERS FOR THE NAVY EXCHANGE SUPERVISORS. APPEARS, ALSO, THAT RENTAL CHARGES FROM THESE QUONSET HUTS ARE PAID TO THE NAVY EXCHANGE AND CREDITED AS INCOME FOR THE EXCHANGE; THAT THE ACCOUNTING MANAGER, A CIVILIAN EXCHANGE EMPLOYEE QUARTERED IN ONE OF THE HUTS, IS MARRIED TO HARRY DANCEY, JR., BOATSWAIN MATE CHIEF, U.S. NAVY, WHO UPON ARRIVAL ON GUAM FOR A NORMAL TOUR OF DUTY OCCUPIED SUCH QUARTERS WITH HIS WIFE; THAT THE RENTAL FEE CHARGED THE ACCOUNTING MANAGER IS $65 PER MONTH.

SECTION 302 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, AS AMENDED BY THE ACT OF MAY 19, 1952, 66 STAT. 79, PROVIDES THAT EXCEPT AS OTHERWISE PROVIDED IN THAT SECTION OR BY ANY OTHER PROVISION OF LAW, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE A BASIC ALLOWANCE FOR QUARTERS IN SUCH AMOUNT AND UNDER SUCH CIRCUMSTANCES AS PROVIDED THEREIN; THAT EXCEPT AS OTHERWISE PROVIDED BY LAW, NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO MEMBERS OF THE UNIFORMED SERVICES ASSIGNED TO " GOVERNMENT QUARTERS OR HOUSING FACILITIES UNDER THE JURISDICTION OF THE UNIFORMED SERVICES," APPROPRIATE TO THEIR RANK, GRADE, OR RATING AND ADEQUATE FOR THEMSELVES AND DEPENDENTS, IF WITH DEPENDENTS; AND THAT THE PRESIDENT MAY PRESCRIBE REGULATIONS FOR THE ADMINISTRATION OF SAID SECTION. EXECUTIVE ORDER NO. 10204, DATED JANUARY 15, 1951, 16 F.R. 417, PROMULGATED PURSUANT TO SAID SECTION PROVIDES, IN PERTINENT PART, THAT ANY "QUARTERS OR HOUSING FACILITIES" IN FACT "OCCUPIED WITHOUT PAYMENT OF RENTAL CHARGES" (A) BY A MEMBER AND HIS DEPENDENTS, OR (B) AT HIS PERMANENT STATION BY A MEMBER WITHOUT DEPENDENTS, OR (C) BY THE DEPENDENTS OF A MEMBER ON FIELD DUTY OR SEA DUTY AT A STATION WHERE ADEQUATE QUARTERS ARE NOT AVAILABLE FOR HIS DEPENDENTS, SHALL BE DEEMED TO HAVE BEEN "ASSIGNED" TO SUCH MEMBER AS APPROPRIATE AND ADEQUATE QUARTERS, AND NO BASIC ALLOWANCE FOR QUARTERS SHALL ACCRUE TO SUCH MEMBER UNDER SUCH CIRCUMSTANCES UNLESS THE OCCUPANCY IS BECAUSE OF A SOCIAL VISIT OF A TEMPORARY NATURE.

THE ACT OF JULY 2, 1945, 59 STAT. 316, 37 U.S.C. 111A, PROVIDES THAT PERSONNEL OF THE ARMED SERVICES AND THEIR DEPENDENTS SHALL BE ELIGIBLE TO OCCUPY, ON A RENTAL BASIS, HOUSING FACILITIES UNDER THE JURISDICTION OF ANY GOVERNMENT DEPARTMENT OR AGENCY (OTHER THAN PUBLIC QUARTERS CONSTRUCTED OR DESIGNATED FOR ASSIGNMENT TO AND OCCUPANCY WITHOUT CHARGE BY PERSONNEL AND THEIR DEPENDENTS), WITHOUT LOSS OF MONEY ALLOWANCES TO WHICH THEY ARE OTHERWISE ENTITLED FOR RENTAL OF QUARTERS. SEE 25 COMP. GEN. 25; ID. 246; 31 ID. 603; AND B-98956, DATED NOVEMBER 29, 1950.

SINCE IT APPEARS FROM THE RECORD SUBMITTED THAT THE QUONSET HUT OCCUPIED BY MR. DANCEY AND HIS WIFE WAS CONSTRUCTED FOR AND USED AS THE ADMINISTRATION BUILDING OR LIBRARY AND THAT THE SAID HUT AND OTHERS ARE FOR USE ONLY AS CIVILIAN QUARTERS, IT SEEMS CLEAR THAT THE DWELLING IN QUESTION IS ,OTHER THAN PUBLIC QUARTERS CONSTRUCTED OR DESIGNATED FOR ASSIGNMENT TO AND OCCUPANCY WITHOUT CHARGE BY SUCH PERSONNEL AND THEIR DEPENDENTS IF ANY" WITHIN THE MEANING OF THE ACT OF JULY 2, 1945, SUPRA.

ACCORDINGLY, IT IS CONCLUDED THAT MR. DANCEY, IF OTHERWISE ENTITLED TO A BASIC ALLOWANCE FOR QUARTERS, WOULD NOT FORFEIT HIS RIGHT TO SUCH ALLOWANCE MERELY BECAUSE OF OCCUPANCY OF THE QUONSET HUT HERE INVOLVED UNDER THE CIRCUMSTANCES INDICATED. THE APPLICATION FOR DEPENDENTS ALLOWANCE, NAVPERS-668, AND THE OTHER ENCLOSURES SUBMITTED WITH YOUR LETTER, ARE RETURNED HEREWITH.