B-12199, SEPTEMBER 10, 1940, 20 COMP. GEN. 142

B-12199, SEPTEMBER 10, 1940, 20 COMP. GEN. 142

SUBSISTENCE AND LODGING - NAVAL RESERVE MIDSHIPMEN ATTENDING A UNIVERSITY UNDER THE PROVISIONS OF THE NAVAL RESERVE ACT OF 1938 AND CURRENT NAVAL APPROPRIATIONS, SUBSISTENCE AND LODGING MAY BE PROCURED UNDER A LEGAL AND PROPER CONTRACT WITH A UNIVERSITY, FOR MIDSHIPMEN OF THE NAVAL RESERVE ON ACTIVE DUTY OR TRAINING DUTY WITH PAY AND RECEIVING A COURSE OF INSTRUCTION AT SUCH INSTITUTION, IF THE CONTRACT RATES ARE NOT IN EXCESS OF THE ESTABLISHED RATES CHARGED OTHER STUDENTS AT THE UNIVERSITY, BUT IF RATIONS ARE COMMUTED THE COMMUTATION RATE IS THE SAME AS THAT FOR MIDSHIPMEN IN THE NAVAL ACADEMY.

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

I HAVE YOUR LETTER OF SEPTEMBER 5, 1940, REQUESTING DECISION UPON THE QUESTION PRESENTED IN LETTER OF SEPTEMBER 4, 1940, FROM THE PAYMASTER GENERAL OF THE NAVY, AS FOLLOWS:

SUBJECT: COMMUTATION OF RATIONS FOR NAVAL RESERVE MIDSHIPMEN.

REFERENCE:

(A) SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 DATED JUNE 25, 1938.

(B) NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1941 DATED 11 JUNE

1940.

ENCLOSURE:

(A) CIRCULAR LETTER NRB-7-15-40-50M " INFORMATION FOR CANDIDATES FOR

APPOINTMENT AS MIDSHIPMEN, U.S. NAVAL RESERVE.'

(B) COPY BUNAV DISPATCH 252139 JUNE 1940.

1. SECTION 7 OF THE NAVAL RESERVE ACT OF 1938 PROVIDES THAT MIDSHIPMEN OF THE NAVAL RESERVE WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY, OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS MIDSHIPMEN OF THE REGULAR NAVY. THE NAVAL APPROPRIATION ACT DATED JUNE 11, 1940, UNDER THE HEADING "1PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL" FIXES THE COMMUTED RATION OF A MIDSHIPMAN OF THE REGULAR NAVY, AT $0.75 PER DAY.

2. ENCLOSURE (A) STATES THAT MIDSHIPMEN OF THE NAVAL RESERVE WILL BE ENTITLED TO RECEIVE $780.00 PER YEAR AS PAY AND A DAILY RATION ALLOWANCE OF $0.75, WHICH IS THE SAME PAY AND RATION ALLOWANCE AS MIDSHIPMEN OF THE REGULAR NAVY RECEIVE. ENCLOSURE (B) CONTAINS INFORMATION REGARDING ENROLLMENT OF MEN IN THE RATING OF APPRENTICE SEAMEN V-7 U.S. NAVAL RESERVE FOR ONE MONTH'S TRAINING AFLOAT, AND THAT---

"* * * AFTER COMPLETION CRUISE SUCCESSFUL CANDIDATES WILL BE ISSUED APPOINTMENTS AS RESERVE MIDSHIPMEN AND DESIGNATED ELIGIBLE TO RECEIVE NINETY-DAY COURSE OF INSTRUCTION WITH PAY LEADING TO COMMISSION AS ENSIGN

3. THE FIRST GROUP OF RESERVE MIDSHIPMEN TO RECEIVE A NINETY-DAY COURSE OF INSTRUCTION WILL REPORT TO NORTHWESTERN UNIVERSITY, CHICAGO, ILLINOIS, ON OR ABOUT SEPTEMBER 16, 1940. DURING THIS COURSE OF INSTRUCTION THE RESERVE MIDSHIPMEN WILL USE THE FACILITIES FOR MESSING AND LODGING AVAILABLE TO REGULAR STUDENTS AT THAT UNIVERSITY. THE CHARGE MADE BY THE UNIVERSITY FOR SUBSISTENCE AND LODGING IS $47.00 PER MONTH FOR EACH STUDENT, WHICH REPRESENTS $30.00 FOR SUBSISTENCE AND $17.00 FOR LODGING.

4. THE BUREAU OF SUPPLIES AND ACCOUNTS HAS RECEIVED A REQUISITION FROM THE COMMANDANT, NINTH NAVAL DISTRICT:

"TO PROVIDE HOUSING AND MEALS FOR APPROXIMATELY 1,200 U.S.N.R. MIDSHIPMEN AT ABBOTT HALL, NORTHWESTERN UNIVERSITY, CHICAGO, ILLINOIS, DURING FISCAL YEAR 1941, DIVIDED INTO THREE CLASSES OF APPROXIMATELY 400 MIDSHIPMEN EACH FOR A PERIOD OF THREE MONTHS, $47.00 PER MAN PER MONTH, $169,200.' CHARGEABLE TO THE APPROPRIATION "1710405 NAVAL RESERVE 1941" SUBHEAD "0.004 (18) ALL OTHER ACTIVITIES.'

5. IT IS PROPOSED TO CANCEL EXISTING AUTHORIZATION TO COMMUTE THE RATIONS OF RESERVE MIDSHIPMEN AT THE RATE OF $0.75 PER DAY FOR THE PERIOD THEY ARE SUBSISTED AND LODGED AT THE NORTHWESTERN UNIVERSITY AND TO MAKE PAYMENT DIRECT TO THE UNIVERSITY FOR THE SUBSISTENCE AND QUARTERS SO FURNISHED. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER PAYMENT OF THE CHARGE FOR SUBSISTENCE AND QUARTERS FOR NAVAL RESERVE MIDSHIPMEN DURING THE PERIOD UNDERGOING THE COURSE OF INSTRUCTION WILL BE PASSED IN AUDIT OF THE ACCOUNTS OF THE DISBURSING OFFICER CONCERNED.

MIDSHIPMAN WAS AT ONE TIME A GRADE IN THE LINE OF THE NAVY. SEE SECTIONS 1362 AND 1521 OF THE REVISED STATUTES. THE ACT OF MARCH 3, 1883, 22 STAT. 472, SEEMS TO HAVE ABOLISHED THAT GRADE IN THE LINE OF THE NAVY. FOR A TIME FOLLOWING THE CIVIL WAR STUDENTS AT THE NAVAL ACADEMY WERE STYLED CADET MIDSHIPMEN; SUBSEQUENT TO THAT THEY WERE STYLED NAVAL CADETS, BUT THIS TITLE WAS CHANGED BY A PROVISION IN THE ACT OF JULY 1, 1902, 32 STAT. 686, TO MIDSHIPMAN. UNTIL THE ACT OF MARCH 7, 1912, 37 STAT. 73, 34 U.S.C. 1054, THE COURSE FOR MIDSHIPMEN WAS 6 YEARS (SEE SEC. 1520, REVISED STATUTES) THE LAST 2 YEARS OF WHICH WERE SPENT AT SEA. BY THE LAST CITED ACT IT WAS PROVIDED THAT THE COURSE AT THE NAVAL ACADEMY SHOULD BE 4 YEARS AND MIDSHIPMEN ON GRADUATION SHOULD BE COMMISSIONED ENSIGNS. SINCE THAT TIME THE GRADE OF MIDSHIPMAN HAS NOT BEEN USED ON SHIPS OF THE NAVY EXCEPT, POSSIBLY, AS TO THE OCCASIONAL PRACTICE CRUISES OF CLASSES AT THE NAVAL ACADEMY. SECTION 1577, REVISED STATUTES, PROVIDED THAT MIDSHIPMEN AND ACTING MIDSHIPMEN IN THE NAVY SHOULD BE ENTITLED TO ONE RATION OR COMMUTATION THEREFOR AND BY THE ACT OF JAN. 30, 1885, 23 STAT. 291, 34 U.S.C. 901, IT WAS PROVIDED THAT ENLISTED MEN AND BOYS IN THE NAVY, WITH CERTAIN QUALIFICATIONS, AND "NAVAL CADETS, SHALL BE ALLOWED A RATION, OR COMMUTATION THEREOF IN MONEY, UNDER SUCH LIMITATIONS AND REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE.' AS STATED ABOVE, THE TITLE " NAVAL CADETS" WAS CHANGED BY THE ACT OF 1902 TO MIDSHIPMEN. THE PAY OF $1,400 PER ANNUM FIXED FOR MIDSHIPMEN AFTER GRADUATION FROM THE NAVAL ACADEMY, ESTABLISHED BY THE ACT OF MAY 13, 1908, 35 STAT. 128, WAS ABOLISHED BY THE ACT OF MARCH 7, 1912, CITED ABOVE, AND THEREAFTER THERE WAS BUT ONE PAY GRADE FOR MIDSHIPMEN IN THE NAVY (SEE 20 COMP. DEC. 14PP; 23 ID. 279,) AND THAT PAY IS NOW FIXED BY THE ACT OF JULY 11, 1919, 41 STAT. 146; 34 U.S.C. 1051, AT $780 PER YEAR.

THE ANNUAL APPROPRIATION ACTS FOR THE NAVY DEPARTMENT, SEE, FOR THE FISCAL YEAR 1941, ACT OF JUNE 11, 1940, PUBLIC, NO. 588, UNDER "1BUREAU OF SUPPLIES AND ACCOUNTS--- PAY, SUBSISTENCE, AND TRANSPORTATION OF NAVAL PERSONNEL," SUBHEAD," SUBSISTENCE OF NAVAL PERSONNEL," APPROPRIATED FUNDS ,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, AND MIDSHIPMEN AT 75 CENTS PER DIEM. * * *"

THE APPROPRIATION IN THE SAME ACT UNDER NAVAL RESERVE IS IN PART AS FOLLOWS:

FOR ALL EXPENSES NOT OTHERWISE PROVIDED FOR, AUTHORIZED BY THE " NAVAL RESERVE ACT OF 1938" AND THE ACT APPROVED APRIL 15, 1935 (49 STAT. 156), AS AMENDED, IN CONNECTION WITH ORGANIZING, ADMINISTERING, RECRUITING, INSTRUCTING, TRAINING, AND DRILLING THE NAVAL RESERVE * * *.

THE FIRST SUPPLEMENTAL DEFENSE APPROPRIATION ACT, APPROVED JUNE 26, 1940, PUBLIC, NO. 667, 54 STAT. 604, TITLE III, UNDER "1BUREAU OF NAVIGATION," CONTAINS THE FOLLOWING:

NAVAL RESERVE, INCLUDING ADDITIONAL TRAINING FOR NAVAL RESERVES, WITHOUT REGARD TO LIMITATIONS SPECIFIED UNDER THIS HEAD IN THE NAVAL APPROPRIATIONS ACT FOR THE FISCAL YEAR 1941, AND FOR TRAINING EXERCISES OF THE NAVAL RESERVE DURING THE FISCAL YEAR 1941 AND FOR EACH AND EVERY OBJECT CONNECTED THEREWITH AT THE DISCRETION OF THE SECRETARY OF THE NAVY, INCLUDING RENTAL OF CIVILIAN CRAFT AND HIRE OF PERSONAL AND OTHER SERVICES, * * *.

SINCE THE GRADE OF MIDSHIPMAN HAS BEEN AUTHORIZED IN THE NAVAL RESERVE, ALTHOUGH IT EXISTS IN THE REGULAR NAVY ONLY WITH RESPECT TO MIDSHIPMEN APPOINTED TO THE NAVAL ACADEMY, AND SINCE MIDSHIPMEN IN THE NAVAL RESERVE ARE ENTITLED TO THE SAME PAY AND ALLOWANCES WHILE ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY AS MIDSHIPMEN OF THE REGULAR NAVY, THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE PROCUREMENT OF SUBSISTENCE AND LODGING FOR THE MIDSHIPMEN WHILE ON DUTY AT THE UNIVERSITY UNDER A LEGAL AND PROPER CONTRACT WITH THE UNIVERSITY AT RATES NOT IN EXCESS OF THE ESTABLISHED RATES CHARGED FOR LIKE SERVICES FURNISHED TO OTHER STUDENTS AT THE UNIVERSITY. IF RATIONS ARE COMMUTED, THE COMMUTATION RATE IS, OF COURSE, 75 CENTS PER DIEM.