B-15889, MAY 2, 1941, 20 COMP. GEN. 720

B-15889: May 2, 1941

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WHOSE DEPENDENTS WERE EVACUATED UPON DIRECTION OF THE SECRETARY OF THE NAVY ISSUED SEPTEMBER 30. ARE ENTITLED TO THE RENTAL ALLOWANCE PROVIDED FOR OFFICERS WITH DEPENDENTS FROM THE DATE SUBSEQUENT TO SEPTEMBER 30. THAT THE DEPENDENTS WERE REQUIRED TO VACATE THE QUARTERS. WHOSE DEPENDENTS WERE EVACUATED UPON DIRECTION OF THE SECRETARY OF THE NAVY ISSUED SEPTEMBER 30. ARE ENTITLED. FROM THE DATE THAT THE DEPENDENTS WERE REQUIRED TO VACATE THE QUARTERS FROM AND SUBSEQUENT TO OCTOBER 17. WHOSE DEPENDENTS ARE PROHIBITED FROM ACCOMPANYING THEM TO THEIR STATIONS PURSUANT TO DIRECTIONS ISSUED BY THE SECRETARY OF THE NAVY ON SEPTEMBER 30. ARE ENTITLED TO THE RENTAL ALLOWANCE PROVIDED FOR OFFICERS WITH DEPENDENTS.

B-15889, MAY 2, 1941, 20 COMP. GEN. 720

RENTAL AND QUARTERS ALLOWANCE - NAVY AND MARINE CORPS OFFICERS AND ENLISTED MEN - DEPENDENTS EVACUATED FROM ASIATIC STATIONS NAVY AND MARINE CORPS OFFICERS OCCUPYING GOVERNMENT QUARTERS AT SHORE STATIONS ON THE ASIATIC STATION, WHOSE DEPENDENTS WERE EVACUATED UPON DIRECTION OF THE SECRETARY OF THE NAVY ISSUED SEPTEMBER 30, 1940, ARE ENTITLED TO THE RENTAL ALLOWANCE PROVIDED FOR OFFICERS WITH DEPENDENTS FROM THE DATE SUBSEQUENT TO SEPTEMBER 30, 1940, THAT THE DEPENDENTS WERE REQUIRED TO VACATE THE QUARTERS, IF THE EXISTING ASSIGNMENTS SHOULD BE DISCONTINUED AS OF THE DATE OF VACATION OF THE QUARTERS. ENLISTED MEN OF THE FIRST THREE GRADES OF THE NAVY AND MARINE CORPS OCCUPYING GOVERNMENT QUARTERS AT SHORE STATIONS ON THE ASIATIC STATION, WHOSE DEPENDENTS WERE EVACUATED UPON DIRECTION OF THE SECRETARY OF THE NAVY ISSUED SEPTEMBER 30, 1940, ARE ENTITLED, OTHER CONDITIONS BEING MET, TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS PROVIDED BY THE ACT OF OCTOBER 17, 1940, FROM THE DATE THAT THE DEPENDENTS WERE REQUIRED TO VACATE THE QUARTERS FROM AND SUBSEQUENT TO OCTOBER 17, 1940, IF THE EXISTING ASSIGNMENTS SHOULD BE DISCONTINUED AS OF THE DATE OF THE VACATION OF THE QUARTERS. OFFICERS OF THE NAVY AND MARINE CORPS OCCUPYING GOVERNMENT QUARTERS AT SHORE STATIONS ON THE ASIATIC STATION, WHOSE DEPENDENTS ARE PROHIBITED FROM ACCOMPANYING THEM TO THEIR STATIONS PURSUANT TO DIRECTIONS ISSUED BY THE SECRETARY OF THE NAVY ON SEPTEMBER 30, 1940, ARE ENTITLED TO THE RENTAL ALLOWANCE PROVIDED FOR OFFICERS WITH DEPENDENTS, SUCH ALLOWANCES TO ACCRUE FROM THE DATE OF ARRIVAL AND REPORTING FOR DUTY AT THE STATION, IF THE DEPENDENTS HAVE NOT IN FACT OCCUPIED PUBLIC QUARTERS SUBSEQUENT TO THAT DATE. ENLISTED MEN OF THE FIRST THREE GRADES OF THE NAVY AND MARINE CORPS ORDERED TO SHORE DUTY ON THE ASIATIC STATION, WHOSE DEPENDENTS ARE PROHIBITED FROM ACCOMPANYING THEM TO THEIR STATIONS PURSUANT TO DIRECTIONS ISSUED BY THE SECRETARY OF THE NAVY ON SEPTEMBER 30, 1940, ARE ENTITLED, OTHER CONDITIONS BEING MET, TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS PROVIDED BY THE ACT OF OCTOBER 17, 1940, EVEN THOUGH PUBLIC QUARTERS WOULD BE AVAILABLE FOR THE DEPENDENTS, SUCH ALLOWANCE TO BE PAYABLE FROM THE DATE OF ARRIVAL AT THE ASSIGNED STATION, IF SUBSEQUENT TO OCTOBER 16, 1940, AND IF PUBLIC QUARTERS WERE NOT IN FACT OCCUPIED BY THE DEPENDENTS SUBSEQUENT TO THAT DATE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 2, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 29, 1941, TRANSMITTING A LETTER FROM THE CHIEF OF THE BUREAU OF NAVIGATION, DATED MARCH 11, 1941, TOGETHER WITH AN INDORSEMENT THEREON FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED MARCH 27, 1941, AND REQUESTING DECISION ON THE SPECIFIC QUESTIONS THEREIN SET FORTH AS TO THE RIGHT OF OFFICERS AND OF ENLISTED MEN OF THE FIRST THREE GRADES, WITH DEPENDENTS, TO THE PAYMENT OF RENTAL ALLOWANCE OR TO THE MONEY ALLOWANCE FOR QUARTERS, RESPECTIVELY, UNDER THE CONDITIONS STATED. THE LETTER OF MARCH 11, 1941, IS AS FOLLOWS:

REFERENCES: (A)SECTION 6 OF THE ACT OF 10 JUNE 1922 AS AMENDED BY THE ACT OF 31 MAY 1924.

(B) ARTICLE 1819, PARAGRAPH (4), U.S. NAVY REGULATIONS 1920.

1. REFERENCE (B) STATES IN PART AS FOLLOWS:

"/4) EVERY OFFICER, ON REPORTING FOR DUTY AT A PLACE WHICH IS HIS PERMANENT STATION AND WHERE PUBLIC QUARTERS ARE AVAILABLE, SHALL BE IMMEDIATELY ASSIGNED THEREAT, IN WRITING, BY THE COMMANDING OFFICER, WHO IS THE COMPETENT SUPERIOR AUTHORITY FOR THAT PURPOSE (OR IN THE CASE OF MARINE QUARTERS, BY THE COMMANDING OFFICER OF MARINES), THE QUARTERS DESIGNATED FOR HIS OCCUPANCY, OR, IF NONE HAVE BEEN DESIGNATED, SUCH QUARTERS AS MAY BE AVAILABLE, PROVIDED SUCH QUARTERS CONTAIN THE NUMBER OF ROOMS PRESCRIBED BY LAW FOR AN OFFICER OF HIS RANK, AS STATED IN THE TABLE BELOW OR THE EQUIVALENT OF SUCH TABLE, OR A LESS NUMBER OF ROOMS DETERMINED BY SUCH COMPETENT SUPERIOR AUTHORITY TO BE ADEQUATE IN THE PARTICULAR CASE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY, GIVING DUE CONSIDERATION TO THE SUITABILITY OF THE QUARTERS FOR OCCUPANCY BY THE OFFICER CONCERNED, THE POSITION OF THE OFFICER IN THE ORGANIZATION, HIS RANK, THE NUMBER, AGE AND SEX OF HIS DEPENDENTS, AND OTHER CIRCUMSTANCES AFFECTING THE ASSIGNMENT.'

2. IN VIEW OF THE RECENT ORDER EVACUATING DEPENDENTS OF OFFICERS AND MEN FROM THE ASIATIC STATION, THE QUESTION HAS ARISEN AS TO WHETHER THE CIRCUMSTANCES NECESSITATING SUCH AN ORDER RENDER GOVERNMENT QUARTERS UNSUITABLE OR UNAVAILABLE FOR ASSIGNMENT TO OFFICERS AND TO MEN OF THE FIRST THREE PAY GRADES WHO HAVE DEPENDENTS.

3. IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL IN ANSWER TO THE FOLLOWING QUESTIONS:

(A) WILL OFFICERS OCCUPYING GOVERNMENT QUARTERS WHOSE DEPENDENTS ARE EVACUATED FROM OVERSEAS STATIONS FOR THE CONVENIENCE OF THE GOVERNMENT BE ENTITLED TO RENTAL ALLOWANCE? IF SO, DURING WHAT PERIOD WILL THIS ALLOWANCE BE PAYABLE?

(B) WILL ENLISTED MEN OF THE FIRST THREE PAY GRADES OCCUPYING GOVERNMENT QUARTERS WHOSE DEPENDENTS ARE EVACUATED FROM OVERSEAS STATIONS AT THE CONVENIENCE OF THE GOVERNMENT BE ENTITLED TO RENTAL ALLOWANCE? IF SO, DURING WHAT PERIOD WILL THIS ALLOWANCE BE PAYABLE?

(C) IF THE ANSWER TO (A) OR (B) BE IN THE NEGATIVE IS NEW LEGISLATION NECESSARY IN ORDER TO MAKE THE INDIVIDUALS ELIGIBLE FOR THE PAYMENT OF RENTAL ALLOWANCE OR CAN THIS BE ACCOMPLISHED BY A CHANGE IN NAVY REGULATIONS?

THE INDORSEMENT OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, DATED MARCH 27, 1941, IS AS FOLLOWS:

REFERENCE: (A) SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED

BY THE ACT OF MAY 31, 1924.

(B) ACT OF OCTOBER 17, 1940 ( PUBLIC NO. 872 76TH

CONGRESS).

(C) DECISION OF THE COMPTROLLER GENERAL B-15346 DATED

MARCH 17, 1941.

1. FORWARDED, RECOMMENDING SUBMISSION OF THE MATTER PRESENTED IN THE BASIC LETTER OF THE BUREAU OF NAVIGATION DATED MARCH 11, 1941, TO THE COMPTROLLER TO THE ASIATIC STATION SUBSEQUENT TO THE ISSUANCE OF THE EVACUATION ORDER REFERRED TO IN THE BASIC LETTER ARE PROHIBITED BY ADMINISTRATIVE ACTION FROM TAKING THEIR DEPENDENTS WITH THEM, IT IS CONSIDERED ADVISABLE TO INCLUDE THE FOLLOWING QUERIES IN THE SUBMISSION:

(A) WILL OFFICERS WITH DEPENDENTS, ORDERED TO SHORE DUTY ON AN ASIATIC STATION, WHOSE DEPENDENTS ARE PROHIBITED BY ADMINISTRATIVE ORDERS FROM ACCOMPANYING THE OFFICERS, BE ENTITLED TO RENTAL ALLOWANCE WHILE OCCUPYING GOVERNMENT QUARTERS? IF SO, DURING WHAT PERIOD WILL THIS ALLOWANCE BE PAYABLE?

(B) WILL ENLISTED MEN OF THE FIRST THREE PAY GRADES ORDERED TO SHORE DUTY ON AN ASIATIC STATION, WHOSE DEPENDENTS ARE PROHIBITED BY ADMINISTRATIVE ORDERS FROM ACCOMPANYING THE MAN, BE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AS AUTHORIZED IN THE ACT OF OCTOBER 17, 1940, EVEN THOUGH QUARTERS WOULD BE AVAILABLE AT SUCH STATION FOR THE DEPENDENTS? SO, DURING WHAT PERIOD WILL THIS ALLOWANCE BE PAYABLE?

SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, 251, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

EXCEPT AS OTHERWISE PROVIDED IN THE FOURTH PARAGRAPH OF THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS. * * *

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER, HAVING NO DEPENDENTS, WHILE HE IS ON FIELD OR SEA DUTY, NOR WHILE AN OFFICER WITH OR WITHOUT DEPENDENTS IS ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK OR A LESS NUMBER OF ROOMS IN ANY PARTICULAR CASE WHEREIN, IN THE JUDGMENT OF COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED, A LESS NUMBER OF ROOMS WOULD BE ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS.

REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS SECTION IN PEACE AND IN WAR SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL OF THE SERVICES CONCERNED, INCLUDING ADJUNCT FORCES THEREOF.

EXECUTIVE ORDER NO. 4063, DATED AUGUST 13, 1924, ISSUED UNDER AUTHORITY OF THE ACT OF MAY 31, 1924, PROVIDED, IN PERTINENT PART:

(E) THE TERM "PERMANENT STATION" AS USED IN THIS ACT SHALL BE CONSTRUED TO MEAN THE PLACE ON SHORE WHERE AN OFFICER IS ASSIGNED TO DUTY, OR THE HOME YARD OR THE HOME PORT OF A VESSEL ON BOARD WHICH AN OFFICER IS REQUIRED TO PERFORM DUTY, UNDER ORDERS IN EACH CASE WHICH DO NOT IN TERMS PROVIDE FOR THE TERMINATION THEREOF; AND ANY STATION ON SHORE OR ANY RECEIVING SHIP WHERE AN OFFICER IN FACT OCCUPIES WITH HIS DEPENDENTS PUBLIC QUARTERS ASSIGNED TO HIM WITHOUT CHARGE SHALL ALSO BE DEEMED DURING SUCH OCCUPANCY TO BE HIS PERMANENT STATION WITHIN THE MEANING OF THIS ACT.

(F) THE TERM "COMPETENT SUPERIOR AUTHORITY" SHALL BE CONSTRUED TO MEAN THE OFFICER REQUIRED BY REGULATIONS OF THE DEPARTMENT CONCERNED TO ASSIGN PUBLIC QUARTERS.

II. ASSIGNMENT OF QUARTERS.--- * * *

(B) EVERY OFFICER PERMANENTLY STATIONED AT A POST, YARD OR STATION WHERE PUBLIC QUARTERS ARE AVAILABLE, WILL BE ASSIGNED THEREAT AS QUARTERS THE NUMBER OF ROOMS PRESCRIBED BY LAW FOR AN OFFICER OF HIS RANK, OR A LESS NUMBER OF ROOMS DETERMINED BY COMPETENT SUPERIOR AUTHORITY, IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT CONCERNED, TO BE ADEQUATE IN THE PARTICULAR CASE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY; WHICH REGULATIONS SHALL PROVIDE AMONG OTHER THINGS THAT QUARTERS VOLUNTARILY OCCUPIED BY AN OFFICER WITH HIS DEPENDENTS SHALL BE CONCLUSIVELY PRESUMED TO BE ADEQUATE AND SHALL BE ASSIGNED ACCORDINGLY: PROVIDED, THAT THIS REGULATION SHALL NOT BE CONSTRUED AS PROHIBITING THE ASSIGNMENT AS QUARTERS TO AN OFFICER OF A DWELLING HAVING A NUMBER OF ROOMS GREATER THAN THAT PROVIDED BY LAW FOR AN OFFICER OF HIS RANK WHERE THE ARRANGEMENT OF ROOMS IS SUCH THAT SEPARATION INTO SMALLER QUARTERS IS IMPRACTICABLE.

III. PAYMENTS.--- * * *

(C) NO OFFICER SHALL BE PAID A RENTAL ALLOWANCE FOR ANY PERIOD DURING WHICH HE IS ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK, OR A LESS NUMBER OF ROOMS WHICH HAVE BEEN DETERMINED IN ACCORDANCE WITH THESE REGULATIONS TO BE ADEQUATE IN THE PARTICULAR CASE.

IT IS THE UNDERSTANDING OF THIS OFFICE THAT DIRECTIONS WERE ISSUED BY THE SECRETARY OF THE NAVY ON SEPTEMBER 30, 1940, FOR THE RETURN TO THE UNITED STATES OF THE DEPENDENTS OF NAVY AND MARINE CORPS PERSONNEL THEN ON DUTY ON THE ASIATIC STATION EXCEPTING THE ISLANDS OF GUAM AND SAMOA. IT IS UNDERSTOOD FURTHER THAT FOLLOWING THESE DIRECTIONS MANDATORY ORDERS WERE ISSUED WHICH REQUIRED THE VACATING OF PUBLIC QUARTERS THEN BEING OCCUPIED BY THE DEPENDENTS OF OFFICERS AND ENLISTED MEN AND THAT THE PERSONNEL CONCERNED HAD NO CHOICE OR ELECTION IN THE MATTER. IT IS FURTHER UNDERSTOOD THAT SUCH PERSONNEL ORDERED TO THE ASIATIC STATION SUBSEQUENT TO THE EVACUATION ORDER, OR WHO MAY BE SO ORDERED, UNDER EXISTING CONDITIONS, CONTINUE. IN VIEW OF THE PRESENT SITUATION, THE ACTION OF THE SECRETARY OF THE NAVY IN THIS RESPECT IS NOT PROPERLY OPEN TO QUESTION. THERE HAS BEEN RECOGNIZED THE RIGHT OF THE NAVY DEPARTMENT TO REFUSE TRANSPORTATION FOR DEPENDENTS OF OFFICERS ASSIGNED TO PARTICULAR STATIONS WHEN IT HAS BEEN DETERMINED THAT CONDITIONS OF A MILITARY CHARACTER JUSTIFY SUCH REFUSAL, CULP V. UNITED STATES, 76 CT.1CLS. 507. IT IS UNDERSTOOD THAT, AS TO OFFICERS, THE MATTER REFERS PRIMARILY TO CASES WHERE AN OFFICER ON SHORE DUTY ON THE ASIATIC STATION HAS BEEN ASSIGNED PUBLIC QUARTERS FOR HIMSELF AND HIS DEPENDENTS, THAT THE DEPENDENTS HAVE NOW BEEN EVACUATED, BUT THE OFFICER CONTINUES TO OCCUPY THE QUARTERS; THAT, AS TO OFFICERS ASSIGNED TO SHORE DUTY ON THE ASIATIC STATION WHO HAVE NOT BEEN PERMITTED TO TAKE THEIR DEPENDENTS TO THE ASIATIC STATION, THEY WILL OCCUPY PUBLIC QUARTERS WHICH ARE ADEQUATE FOR THEMSELVES AND THEIR DEPENDENTS; AND THAT, AS TO ENLISTED MEN, SOME PUBLIC QUARTERS FOR PETTY OFFICERS AND THEIR DEPENDENTS ARE AVAILABLE AND HAVE BEEN EVACUATED FROM THE STATION OF THE OFFICER, OR THEY ARE PROHIBITED FROM PROCEEDING TO THE STATION OF THE OFFICER, THE PUBLIC QUARTERS THERE EXISTING AND WHICH HAVE BEEN, OR IN ORDINARY CIRCUMSTANCES WOULD BE ASSIGNED ARE PROPERLY REQUIRED TO BE ASSIGNED FOR THE OCCUPANCY OF THE OFFICER OR ENLISTED MAN AS THOUGH ACCOMPANIED BY HIS DEPENDENTS.

THE MILITARY SITUATION NOW AND FOR SOME TIME EXISTING ON THE ASIATIC STATION, IN THE JUDGMENT OF THE SECRETARY OF THE NAVY, HAVING REQUIRED THE REMOVAL OF DEPENDENTS OF NAVAL PERSONNEL THEREFROM, IT APPEARS EVIDENT THAT THERE ARE NO PUBLIC QUARTERS ON THE ASIATIC STATION (WITH THE EXCEPTIONS AS MADE BY THE SECRETARY OF THE NAVY) NOW AVAILABLE FOR ASSIGNMENT TO AN OFFICER FOR THE OCCUPANCY OF HIMSELF AND HIS DEPENDENTS. THEREFORE, IF THE EXISTING ASSIGNMENTS SHOULD BE DISCONTINUED AS OF THE DATE OF VACATION OF THE QUARTERS BY THE DEPENDENTS OF THE OFFICER PURSUANT TO THE INSTRUCTIONS OF THE NAVY DEPARTMENT SUBSEQUENT TO SEPTEMBER 30, 1940; OR IF, WHERE ASSIGNMENTS OF PUBLIC QUARTERS HAVE BEEN MADE TO OFFICERS THEREAFTER ASSIGNED TO SHORE DUTY ON THE ASIATIC STATION, SUCH ASSIGNMENT OF QUARTERS BE TERMINATED AS OF THE DATE MADE IF SUCH QUARTERS WERE NOT OCCUPIED BY THE OFFICER'S DEPENDENTS--- THIS TO APPLY, OF COURSE, ONLY WHERE DIRECTIONS HAVE BEEN ISSUED FOR THE EVACUATION OF DEPENDENTS--- THE FIRST PART OF QUESTION (A) PROPOUNDED BY THE CHIEF OF THE BUREAU OF NAVIGATION IS ANSWERED IN THE AFFIRMATIVE. THE SECOND PART OF THE SAME QUESTION, SUBJECT TO THE ABOVE CONDITIONS, IS ANSWERED BY SAYING THAT RENTAL ALLOWANCE WOULD ACCRUE FROM THE DATE THAT THE DEPENDENTS OF THE OFFICER WERE NECESSARILY REQUIRED TO VACATE THE QUARTERS SUBSEQUENT TO SEPTEMBER 30, 1940.

AS TO QUESTION (B) OF THE CHIEF OF THE BUREAU OF NAVIGATION, IT HAS BEEN HELD THAT ENLISTED MEN OF THE NAVY AND MARINE CORPS ARE ENTITLED TO THE SAME BENEFITS AS ENLISTED MEN OF THE FIRST THREE GRADES OF THE ARMY AS PROVIDED BY THE ACT OF OCTOBER 17, 1940, PUBLIC NO. 872, 54 STAT. 1205, AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO, DECISION B 15346 DATED MARCH 17 (20 COMP. GEN. 522) AND APRIL 15, 1941. ACCORDINGLY, ENLISTED MEN OF THE NAVY AND MARINE CORPS OF THE GRADES INDICATED, WITH DEPENDENTS, WOULD BE ENTITLED, SUBJECT TO THE ABOVE CONDITIONS, TO THE MONEY ALLOWANCE FOR QUARTERS FOR THEIR DEPENDENTS, OTHER CONDITIONS BEING MET AND IF NOT ENTITLED TO THE NON-TRAVEL MONEY ALLOWANCE IN THEIR OWN RIGHT. THE FIRST PART OF QUESTION (B) IS ANSWERED IN THE AFFIRMATIVE, SUBJECT TO THE ABOVE CONDITIONS. THE SECOND PART OF THE SAME QUESTION IS ANSWERED THAT THE MONEY ALLOWANCE FOR QUARTERS FOR THE DEPENDENTS OF ENLISTED MEN WOULD ACCRUE FROM THE DATE THAT THE DEPENDENTS WERE NECESSARILY REQUIRED TO VACATE THE QUARTERS FROM AND SUBSEQUENT TO OCTOBER 17, 1940. QUESTION (A) OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS ANSWERED BY SAYING THAT IF THE DEPENDENTS OF THE OFFICER ARE NOT PERMITTED TO ACCOMPANY HIM SO AS TO OCCUPY PUBLIC QUARTERS AT HIS STATION OR ELSEWHERE, HE IS ENTITLED TO RENTAL ALLOWANCE PROVIDED FOR AN OFFICER WITH DEPENDENTS, SUCH RENTAL ALLOWANCE TO ACCRUE FROM THE DATE OF ARRIVAL AT THE SHORE STATION ON THE ASIATIC STATION AND REPORTING FOR DUTY IF SUBSEQUENT TO SEPTEMBER 30, 1940, IF HIS DEPENDENTS HAVE NOT IN FACT OCCUPIED PUBLIC QUARTERS ASSIGNED TO HIM AT HIS STATION SUBSEQUENT TO THAT DATE. QUESTION (B) OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IS ANSWERED IN THE AFFIRMATIVE, OTHER CONDITIONS BEING MET, THE ALLOWANCE TO BE PAYABLE FROM THE DATE OF ARRIVAL AT HIS ASSIGNED STATION ON THE ASIATIC STATION, IF SUBSEQUENT TO OCTOBER 16, 1940, AND PUBLIC QUARTERS WERE NOT IN FACT OCCUPIED BY THE DEPENDENTS SUBSEQUENT TO THAT DATE.