B-16703, JULY 24, 1941, 21 COMP. GEN. 60

B-16703: Jul 24, 1941

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WHO WAS ATTACHED TO A VESSEL COMMISSIONED IN ORDINARY FOR DUTY IN CONNECTION WITH ITS CONVERSION AND FITTING OUT. WAS NOT ON SEA DUTY DURING THE PERIOD PRIOR TO THE FULL COMMISSIONING OF THE VESSEL. WHERE HE WAS NOT FURNISHED GOVERNMENT QUARTERS EITHER ON BOARD SHIP OR ON SHORE. WHERE THERE WERE NO QUARTERS OR MESSING FACILITIES FOR NAVY ENLISTED MEN DURING THE PERIOD THEY WERE ASSIGNED TO DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF A VESSEL COMMISSIONED IN ORDINARY. THEY ARE NOT ENTITLED TO SUCH ALLOWANCES DURING THE PASSAGE OF THE VESSEL BETWEEN PORTS WHEN THEY WERE FURNISHED SUBSISTENCE BY THE PRIVATE CONTRACTOR DELIVERING THE VESSEL. ARE ENTITLED TO PAYMENT OF RENTAL ALLOWANCE FOR PERIODS INTERVENING BETWEEN THE DATE THE VESSEL IS COMMISSIONED IN ORDINARY AND THE DATE THE VESSEL IS PLACED IN FULL COMMISSION?

B-16703, JULY 24, 1941, 21 COMP. GEN. 60

QUARTERS, ETC., ALLOWANCES - NAVY PERSONNEL ATTACHED TO VESSEL COMMISSIONED IN ORDINARY A NAVY OFFICER, WITHOUT DEPENDENTS, WHO WAS ATTACHED TO A VESSEL COMMISSIONED IN ORDINARY FOR DUTY IN CONNECTION WITH ITS CONVERSION AND FITTING OUT, WAS NOT ON SEA DUTY DURING THE PERIOD PRIOR TO THE FULL COMMISSIONING OF THE VESSEL, AND CONSEQUENTLY, MAY BE PAID RENTAL ALLOWANCE UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, FOR SUCH PERIOD, WHERE HE WAS NOT FURNISHED GOVERNMENT QUARTERS EITHER ON BOARD SHIP OR ON SHORE. WHERE THERE WERE NO QUARTERS OR MESSING FACILITIES FOR NAVY ENLISTED MEN DURING THE PERIOD THEY WERE ASSIGNED TO DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF A VESSEL COMMISSIONED IN ORDINARY, THE MEN MAY BE PAID QUARTERS AND SUBSISTENCE ALLOWANCE FOR SUCH PERIOD AT RATES PRESCRIBED PURSUANT TO SECTION 11 OF THE ACT OF JUNE 10, 1922, BUT THEY ARE NOT ENTITLED TO SUCH ALLOWANCES DURING THE PASSAGE OF THE VESSEL BETWEEN PORTS WHEN THEY WERE FURNISHED SUBSISTENCE BY THE PRIVATE CONTRACTOR DELIVERING THE VESSEL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JULY 24, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 8, 1941, WITH ENCLOSURES, PRESENTING FOR CONSIDERATION THE FOLLOWING QUESTIONS:

(A) WHETHER OR NOT OFFICERS, WITHOUT DEPENDENTS, ORDERED TO DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF VESSELS UNDER ORDERS, COPY ENCLOSED, OF THE TYPE ISSUED TO ENSIGN DAVID D. LONG, JR., DE-O, U.S. NAVAL RESERVE, ARE ENTITLED TO PAYMENT OF RENTAL ALLOWANCE FOR PERIODS INTERVENING BETWEEN THE DATE THE VESSEL IS COMMISSIONED IN ORDINARY AND THE DATE THE VESSEL IS PLACED IN FULL COMMISSION?

(B) WHETHER OR NOT ENLISTED MEN ASSIGNED TO DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF THE U.S.S. KILAUEA, UNDER THE CONDITIONS SET FORTH IN THE ENCLOSURE, ARE ENTITLED TO SUBSISTENCE AND QUARTERS ALLOWANCE?

(C) IF THE ANSWER TO (B) IS IN THE AFFIRMATIVE, WHETHER OR NOT THE ENLISTED MEN CONCERNED IN THIS PARTICULAR SUBMISSION ARE ENTITLED TO SUBSISTENCE AND QUARTERS ALLOWANCE OF $1.95 PER DIEM FOR THE PERIOD COVERING PASSAGE ABOARD THE U.S.S. KILAUEA FROM TAMPA, FLA., DATE OF DEPARTURE 2:00 NOON, MARCH 19, 1941, TO MOBILE, ALA., DATE OF ARRIVAL 7:00 P.M., MARCH 20, 1941?

ON FEBRUARY 27, 1941, ORDERS WERE ISSUED BY THE CHIEF OF THE BUREAU OF NAVIGATION, VIA THE COMMANDANT, SIXTH NAVAL DISTRICT, TO ENSIGN DAVID D. LONG, JR., DE-O, U.S.N.R., 2D DIVISION, ORGANIZED RESERVES, ATLANTA, GA., WORDED AS FOLLOWS:

REFERENCES: (A) BUNAV DISPATCH ORDERS 1071629, DECEMBER, 1940; CONFIRMED BY NAV-1614-NRP 80005, DATED DECEMBER 16, 1940.

1. WHEN DIRECTED BY THE COMMANDANT, SIXTH NAVAL DISTRICT, YOU WILL CONSIDER YOURSELF DETACHED FROM WHATEVER DUTY YOU MAY BE PERFORMING UNDER REFERENCE (A). YOU WILL PROCEED TO MOBILE, ALABAMA, AND ON OR BEFORE MARCH 5, 1941, REPORT TO THE SUPERVISOR OF SHIPBUILDING, ALABAMA DRYDOCK AND SHIPBUILDING COMPANY, FOR ACTIVE DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF THE U.S.S. KILAUEA (EX-SURPRISE), AND ON BOARD THAT VESSEL WHEN PLACED IN FULL COMMISSION.

2. PAY AND ALLOWANCES UNDER THESE ORDERS WILL CONTINUE AS A CHARGE AGAINST APPROPRIATION," PAY, SUBSISTENCE AND TRANSPORTATION OF NAVAL PERSONNEL.'

INDORSEMENTS ON THE ORDERS INDICATE THAT ENSIGN LONG REPORTED TO THE ASSISTANT DISTRICT MATERIAL OFFICER, ALABAMA DRYDOCK AND SHIPBUILDING CO., MOBILE, ALA., ON MARCH 5, 1941; THAT ENSIGN LONG WAS "DETACHED" MARCH 20, 1941, DIRECTED TO REPORT ON THE SAME DAY TO THE COMMANDING OFFICER, U.S.S. KILAUEA "FOR DUTY ON BOARD THAT VESSEL IN ORDINARY FOR CONVERSION AND ON BOARD WHEN PLACED IN FULL COMMISSION" AND THAT HE SO REPORTED. IT FURTHER APPEARS FROM AN INDORSEMENT ON THE ORDERS BY THE COMMANDING OFFICER OF THE U.S.S. KILAUEA THAT THERE WERE NO GOVERNMENT QUARTERS AVAILABLE FOR OCCUPANCY AT THE RESERVE OFFICER'S "STATION OF DUTY OR ON BOARD SHIP.'

IT APPEARS THAT IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF THE U.S.S. KILAUEA, THE VESSEL DEPARTED TAMPA, FLA., AT NOON, MARCH 19, 1941, AND PROCEEDED TO MOBILE, ALA., ARRIVING AT THE DOCK AT MOBILE 7 P.M. MARCH 20, 1941. AT 7:30 P.M. THE SAME DAY THE VESSEL WAS PLACED IN COMMISSION IN ORDINARY. ALTHOUGH IT IS STATED THAT DURING PASSAGE FROM TAMPA TO MOBILE THE PERSONNEL WHICH ACCOMPANIED THE VESSEL, INCLUDING CERTAIN ENLISTED MEN OF THE NAVY, WERE SUBSISTED AND FURNISHED LODGING BY THE TAMPA SHIPBUILDING CO., WHICH WAS UNDER CONTRACT WITH THE UNITED STATES TO DELIVER THE VESSEL AT TAMPA, FLA., IT WAS REPORTED BY THE COMMANDING OFFICER IN A LETTER DATED APRIL 1, 1941,"THAT THERE ARE NO HABITABLE QUARTERS ON BOARD NOR ANY FACILITIES OR ARRANGEMENTS FOR MESSING EITHER OFFICERS OR MEN" AND THAT ALL OFFICERS AND MEN ATTACHED THERETO IN CONNECTION WITH ITS CONVERSION ARE LIVING ASHORE AND SUBSISTING AND BOARDING AT THEIR OWN EXPENSE.

SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250, PROVIDES FOR PAYMENT OF RENTAL ALLOWANCE. THE FOURTH PARAGRAPH OF THE AMENDMENT PROVIDES:

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.

UNDER THE TERMS OF BUREAU OF NAVIGATION ORDERS OF FEBRUARY 27, 1941, ENSIGN LONG, WHEN DIRECTED BY THE COMMANDANT, SIXTH NAVAL DISTRICT, WAS TO PROCEED AND REPORT TO THE SUPERVISOR OF SHIPBUILDING AT THE ALABAMA DRY DOCK AND SHIPBUILDING CO. FOR DUTY IN CONNECTION WITH THE CONVERSION AND FITTING OUT OF THE U.S.S. KILAUEA, WHICH WAS ESSENTIALLY A SHORE DUTY, AND AFTER COMPLETION OF THE FITTING OUT OF THE VESSEL AND WHEN PLACED IN FULL COMMISSION, ON BOARD FOR DUTY. THE ORDERS OF FEBRUARY 27, 1941, ARE SILENT AS TO ASSIGNMENT OF THE OFFICER ON BOARD PRIOR TO THE PLACING OF THE VESSEL IN FULL COMMISSION, BUT IN VIEW OF THE NECESSITY FOR SAFEGUARDING THE VESSEL AND GOVERNMENT MATERIAL THEREON FROM FIRE AND OTHER POSSIBLE HAZARDS WHILE BEING CONVERTED AND FITTED OUT, IT WAS APPARENTLY DEEMED DESIRABLE AND NECESSARY DURING HER COMMISSION IN ORDINARY THAT A COMMANDING OFFICER AND OTHER PERSONNEL BE ATTACHED THERETO. IT APPEARS EVIDENT, HOWEVER, THAT DURING THIS PERIOD, PRIOR TO FULL COMMISSION, THE PERSONNEL SO ATTACHED WERE ENGAGED PRIMARILY IN THE FITTING OUT OF THE VESSEL AT THE ALABAMA DRY DOCK AND SHIPBUILDING CO. AND WERE NOT ON SEA DUTY WITHIN THE MEANING OF SECTION 6 OF THE ACT OF JUNE 10, 1922.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES:

* * * TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. SUBSISTENCE FOR PILOTS SHALL BE PAID IN ACCORDANCE WITH EXISTING REGULATIONS, AND RATIONS FOR ENLISTED MEN MAY BE COMMUTED AS NOW AUTHORIZED BY LAW.

IN VIEW OF THE COMMANDING OFFICER'S STATEMENT THAT THERE WERE NO FACILITIES OR ARRANGEMENTS FOR MESSING THE ENLISTED MEN DURING THE CONVERSION AND FITTING OUT OF THE VESSEL, THEY ARE ENTITLED TO A MONEY ALLOWANCE IN LIEU OF QUARTERS AND SUBSISTENCE UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF JUNE 10, 1922, AT THE RATES PROVIDED IN THE APPLICABLE EXECUTIVE ORDER ISSUED PURSUANT THERETO.

QUESTIONS (A) AND (B) ARE ANSWERED IN THE AFFIRMATIVE.

THE PURPOSE OF SECTION 11 OF THE ACT OF JUNE 10, 1922, IS TO PROVIDE FOR ENLISTED MEN A MONEY ALLOWANCE IN LIEU OF QUARTERS AND SUBSISTENCE NOT FURNISHED IN KIND BY REASON OF A DUTY TO BE PERFORMED WHERE SUBSISTENCE AND QUARTERS ARE NOT AVAILABLE. IF THE DUTY BE SUCH THAT THERE IS NO REQUIREMENT FOR THE ENLISTED MEN TO SECURE SUBSISTENCE AND LODGING FROM PERSONAL FUNDS, OPERATION OF SECTION 11 OF THE ACT IS NOT CONTEMPLATED. IN THE INSTANT CASE IT APPEARS THAT THE MEN REFERRED TO IN YOUR QUESTION (C) WERE FURNISHED LODGING ON BOARD A NAVAL VESSEL AND SUBSISTENCE BY A CONTRACTOR WHO WAS UNDER AN OBLIGATION TO DELIVER THE SHIP TO TAMPA, FLA. REASONABLY IT MAY BE ASSUMED THAT THE COST OF THE MEALS FURNISHED BY THE CONTRACTOR WAS ULTIMATELY BORNE BY THE NAVY DEPARTMENT IN THE CONTRACT PRICE OF THE WORK PERFORMED, AND THE CONCLUSION SEEMS TO FOLLOW THAT IN CONTEMPLATION OF SECTION 11 THE ENLISTED MEN WERE FURNISHED QUARTERS AND SUBSISTENCE BY OR AT THE EXPENSE OF THE GOVERNMENT. YOUR QUESTION (C) IS ANSWERED NO. ..END :