B-117276, OCTOBER 26, 1953, 33 COMP. GEN. 189

B-117276, OCTOBER 26, 1953, 33 COMP. GEN. 189

PERSONAL MONEY ALLOWANCE - CHAIRMAN, JOINT CHIEFS OF STAFF INASMUCH AS THE APPLICABLE PROVISIONS OF LAW WHICH AUTHORIZE A PERSONAL MONEY ALLOWANCE FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF DO NOT RECOGNIZE DUTY AS "PROSPECTIVE" CHAIRMAN OF THE JOINT CHIEFS OF STAFF AS AN ENTITLING FACTOR TO SUCH ALLOWANCE, A NAVAL OFFICER WHO IS DIRECTED TO REPORT FOR DUTY AS "PROSPECTIVE CHAIRMAN OF THE JOINT CHIEFS OF STAFF" DOES NOT ACCRUE THE RIGHT TO SUCH PERSONAL MONEY ALLOWANCE PRIOR TO THE DATE HE QUALIFIED FOR AND ASSUMES THE DUTIES OF SUCH OFFICE.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO THE SECRETARY OF THE NAVY, OCTOBER 26, 1953:

REFERENCE IS MADE TO LETTER OF OCTOBER 1, 1953, FROM THE ASSISTANT SECRETARY OF THE NAVY FOR AIR, REQUESTING A DECISION AS TO THE DATE ON WHICH ADMIRAL ARTHUR W. RADFORD, UNITED STATES NAVY, BECAME ENTITLED TO RECEIVE THE PERSONAL MONEY ALLOWANCE OF $4,000 PER ANNUM AUTHORIZED UNDER APPLICABLE PROVISIONS OF LAW FOR THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.

IT APPEARS THAT THE NOMINATION OF ADMIRAL RADFORD TO HAVE THE RANK OF ADMIRAL WHILE SERVING AS CHAIRMAN OF THE JOINT CHIEFS OF STAFF WAS CONFIRMED BY THE UNITED STATES SENATE ON JUNE 2, 1953. BY ORDERS OF JUNE 26, 1953, FROM THE CHIEF OF NAVAL PERSONNEL, HIS RELIEF FROM ACTIVE DUTY AS COMMANDER IN CHIEF, PACIFIC AND U.S. PACIFIC FLEET, WAS ORDERED AND HE WAS DIRECTED TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE SECRETARY OF DEFENSE FOR DUTY AS "PROSPECTIVE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.' ENDORSEMENTS ON SUCH ORDERS SHOW THAT HE SO REPORTED ON JULY 10, THAT HE WAS ASSIGNED DUTY AS SUCH CHAIRMAN ON AUGUST 15, 1953, AND THAT HE ASSUMED THE DUTIES OF THAT OFFICE ON THE LATTER DATE. IT IS STATED THAT GENERAL OMAR BRADLEY, UNITED STATES ARMY, WAS RELIEVED AS CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON AUGUST 15, 1953, AND THAT IT IS UNDERSTOOD ADMIRAL RADFORD TOOK THE OATH OF HIS NEW OFFICE ON THAT DAY.

THE OFFICE OF THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF WAS CREATED BY SECTION 211 OF THE NATIONAL SECURITY ACT OF 1947, AS AMENDED BY SECTION 7 (B) OF THE ACT OF AUGUST 10, 1949, 63 STAT. 581, 5 U.S.C. 171F AND IT IS PROVIDED IN SUBSECTION (C) THEREOF THAT SUCH CHAIRMAN "SHALL RECEIVE THE BASIC PAY AND BASIC AND PERSONAL MONEY ALLOWANCES PRESCRIBED BY LAW FOR THE CHIEF OF STAFF, UNITED STATES ARMY.' SECTION 304 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 816, PROVIDES THAT AN OFFICER IS ENTITLED TO RECEIVE A PERSONAL MONEY ALLOWANCE OF $4,000 PER YEAR ,WHILE SERVING AS THE CHIEF OF STAFF OF THE ARMY.' SUBSECTION (A) OF SECTION 413 OF THE OFFICE PERSONNEL ACT OF 1947, 61 STAT. 875, AUTHORIZES THE PRESIDENT TO DESIGNATE OFFICERS OF THE ACTIVE AND RESPONSIBILITY AND PROVIDES THAT SUCH OFFICERS MAY, BY AND WITH THE CONSENT OF THE SENATE, HAVE THE GRADE, RANK, PAY AND ALLOWANCES OF ADMIRAL "WHILE SO SERVING.' SUBSECTION (C) OF THE SAID SECTION 413 STATES THAT EACH OFFICER SO DESIGNATED SHALL RECEIVE THE PAY AND ALLOWANCE PRESCRIBED FOR THE GRADE IN WHICH SO SERVING "FROM THE DATE OF REPORTING FOR THE DUTY DESIGNATED AND UNTIL DETACHED THEREFROM.'

A RIGHT TO THE PERSONAL MONEY ALLOWANCE WHICH IS PAYABLE TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF COULD ACCRUE TO ADMIRAL RADFORD ONLY WHILE HE WAS SERVING AS SUCH CHAIRMAN FOR THE REASON THAT THE ABOVE-CITED PROVISIONS OF LAW PROVIDE FOR PAYMENT FROM THE DATE OF "REPORTING FOR THE DUTY DESIGNATED" AND THEREAFTER WHILE SO SERVING. SINCE GENERAL BRADLEY CONTINUED TO OCCUPY THAT OFFICE UNTIL AUGUST 15, 1953, ON WHICH DATE ADMIRAL RADFORD QUALIFIED FOR AND ASSUMED THE DUTIES THEREOF, IT SEEMS CLEAR THAT THE LATTER OFFICER DID NOT REPORT FOR DUTY AS CHAIRMAN OF THE JOINT CHIEFS OF STAFF UNTIL THAT DATE AND THAT NO RIGHT TO SUCH PERSONAL MONEY ALLOWANCE COULD ACCRUE TO HIM PRIOR TO THAT TIME. THE FACT THAT HE REPORTED IN WASHINGTON IN THE PREVIOUS MONTH FOR DUTY AS ,PROSPECTIVE" CHAIRMAN OF THE JOINT CHIEFS OF STAFF HAS NO BEARING ON HIS RIGHT TO THE PERSONAL MONEY ALLOWANCE OF $4,000 PER ANNUM SINCE THE CITED PROVISIONS OF LAW DO NOT RECOGNIZE SUCH PROSPECTIVE STATUS AS AN ENTITLING FACTOR.