B-144363, DEC. 7, 1960

B-144363, DEC. 7, 1960

TO MR. R. T. MORRISON, DISBURSING OFFICER, DEPARTMENT OF THE NAVY:

YOUR LETTER OF OCTOBER 11, 1960 (DD729:RIM:ECP 7220), REQUESTING DECISION WHETHER ENSIGN ROBERT S. CUNNINGHAM MAY BE REIMBURSED FOR QUARTERS PROCURED AT HIS OWN EXPENSE, WAS FORWARDED HERE BY SECOND ENDORSEMENT DATED OCTOBER 31, 1960, HAVING BEEN ASSIGNED SUBMISSION NO. DO-N-539 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

IT IS SHOWN THAT THE COMMANDER, MARE ISLAND NAVAL SHIPYARD, CERTIFIED THAT QUARTERS ABOARD THE U.S.S. LYMAN K. SWENSON (DD-729) WOULD BE UNINHABITABLE FOR APPROXIMATELY SIX MONTHS COMMENCING JULY 1, 1960, BY REASON OF FRAM MK II WORK BEING ACCOMPLISHED ABOARD THAT VESSEL AT MARE ISLAND NAVAL SHIPYARD. ALSO, IT IS SHOWN THAT QUARTERS AVAILABLE FOR ASSIGNMENT TO SWENSON OFFICERS WERE DETERMINED TO BE SUBSTANDARD; THAT ENSIGN CUNNINGHAM OCCUPIED QUARTERS ASHORE, AND THAT HE IS CLAIMING REIMBURSEMENT NOT TO EXCEED $68.40 PER MONTH, WHICH IS THE BASIC ALLOWANCE FOR QUARTERS APPLICABLE TO AN OFFICER OF HIS PAY GRADE WITHOUT DEPENDENTS. DOUBT AS TO HIS ENTITLEMENT IS ENGENDERED BY THE FACT THAT HE IS THE OWNER OF THE QUARTERS TEMPORARILY OCCUPIED BY HIM.

THE ACT OF JUNE 19, 1942, NOW CODIFIED AS 10 U.S.C. 7572, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/A) IF PUBLIC QUARTERS ARE NOT AVAILABLE, THE SECRETARY OF THE NAVY MAY PROVIDE LODGING ACCOMMODATIONS FOR ANY---

(1) MEMBER OF THE NAVAL SERVICE;

* * * * * * * ON SEA DUTY WHO IS DEPRIVED OF HIS QUARTERS ON BOARD SHIP BECAUSE OF REPAIRS OR BECAUSE OF OTHER CONDITIONS THAT MAKE HIS QUARTERS UNINHABITABLE. LODGING ACCOMMODATIONS SO PROVIDED MAY NOT BE OCCUPIED BY THE MEMBER'S DEPENDENTS.

"/B) UNDER SUCH REGULATIONS AS THE SECRETARY PRESCRIBES, ANY OFFICER OF THE NAVAL SERVICE ON SEA DUTY WHO IS DEPRIVED OF HIS QUARTERS ON BOARD SHIP BECAUSE OF REPAIRS OR BECAUSE OF OTHER CONDITIONS THAT MAKE HIS QUARTERS UNINHABITABLE, AND WHO IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS, MAY BE REIMBURSED FOR EXPENSES INCURRED IN OBTAINING QUARTERS, IN AN AMOUNT NOT MORE THAN THE BASIC ALLOWANCE FOR QUARTERS OF AN OFFICER OF HIS GRADE, IF IT IS IMPRACTICABLE TO FURNISH ACCOMMODATIONS UNDER SUBSECTION (A).'

PARAGRAPH 044036-1D (B), NAVY COMPTROLLER MANUAL, SETTING FORTH THE PROCEDURE FOR REIMBURSEMENT OF EXPENSES INCURRED BY A MEMBER ON SEA DUTY IN PROCURING QUARTERS WHEN HIS QUARTERS ON BOARD SHIP ARE UNINHABITABLE BY REASON OF REPAIRS, OVERHAUL OR CONVERSION OF THE VESSEL, SPECIFICALLY REQUIRES THAT THE CLAIM BE SUPPORTED BY AN ITEMIZED RECEIPT FOR THE EXPENDITURES ACTUALLY MADE. THUS, THE CITED ACT AND REGULATIONS, RELATING ONLY TO AN OFFICER WHO IS NOT ENTITLED TO BASIC ALLOWANCE FOR QUARTERS, DO NOT CONTEMPLATE THAT AN ALLOWANCE BE PAID FOR QUARTERS WHEN THE QUARTERS ABOARD SHIP ARE UNINHABITABLE. INSTEAD, PAYMENT IS LIMITED TO REIMBURSEMENT OF ACTUAL EXPENSES NOT TO EXCEED BASIC ALLOWANCE FOR QUARTERS.

IN THE PRESENT CASE, THE OFFICER DOES NOT SHOW WHAT ADDITIONAL ACTUAL EXPENSE, IF ANY, HE INCURRED FOR QUARTERS DURING THE PERIOD COVERED BY THE VOUCHER. WHILE HE HAS FURNISHED A STATEMENT THAT HE IS THE OWNER OF A HOUSE LOCATED IN VALLEJO, CALIFORNIA, ON WHICH HIS MONTHLY MORTGAGE PAYMENTS ARE $101, AND IN WHICH IT IS ASSUMED HE RESIDED DURING SUCH PERIOD, THAT STATEMENT, STANDING ALONE, DOES NOT ESTABLISH THE EXPENSES SUSTAINED FOR THE PROCUREMENT OF QUARTERS. NO INFORMATION HAS BEEN FURNISHED WITH RESPECT TO THE OCCUPANCY OF THE HOUSE, I.E., WHETHER IT WAS RENTED AND, IF SO, THE RATE, WHETHER THERE WAS ANY LOSS OF RENT BY REASON OF THE OFFICER'S OCCUPANCY, THE NUMBER OF PERSONS OTHER THAN THE OFFICER WHO OCCUPIED THE HOUSE, OR THE REASONABLE RENTAL VALUE OF THE QUARTERS OCCUPIED BY THE OFFICER. HENCE, THE RECORD PRESENTS NO BASIS ON WHICH IT MAY BE CONCLUDED THAT THE OFFICER IS ENTITLED TO ANY REIMBURSEMENT FOR THE PROCUREMENT OF THE QUARTERS.

IN SUCH CIRCUMSTANCES PAYMENT ON THE VOUCHER, WHICH WITH SUPPORTING PAPERS WILL BE RETAINED HERE, IS NOT AUTHORIZED.