B-19323, OCTOBER 11, 1941, 21 COMP. GEN. 311

B-19323, OCTOBER 11, 1941, 21 COMP. GEN. 311

QUARTERS AND SUBSISTENCE ALLOWANCES - INSULAR FORCE OF THE NAVY SINCE MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE REGULAR NAVY, CURRENT NAVAL APPROPRIATIONS FOR PAYMENT OF THE QUARTERS AND SUBSISTENCE ALLOWANCES AUTHORIZED TO BE PAID TO ENLISTED MEN OF THE REGULAR NAVY BY SECTION 11 OF THE ACT OF JUNE 10, 1922, ARE, IN THE ABSENCE OF ADMINISTRATIVE LIMITATIONS, AVAILABLE FOR THE PAYMENT OF SUCH ALLOWANCES TO MEMBERS OF THE INSULAR FORCE OF THE NAVY. DECISIONS B- 12506, OCTOBER 3, 1940, AND 20 COMP. GEN. 522, INVOLVING THE ASSIMILATION OF MEMBERS OF THE INSULAR FORCE OF THE NAVY TO PHILIPPINE SCOUTS PURSUANT TO SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, OCTOBER 11, 1941:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 29, 1941, AS FOLLOWS:

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

BY EXECUTIVE ORDER DATED APRIL 5, 1901, THERE WAS ESTABLISHED THE INSULAR FORCE OF THE NAVY, WHOSE MEMBERS ARE, IN CONTEMPLATION OF LAW, ENLISTED MEN IN AND OF THE REGULAR NAVY (12 COMP. DEC. 189) AND MAY BE TRANSFERRED AWAY FROM THE PHILIPPINE ISLANDS FOR DUTY. ( NAVY DEPARTMENT FILE 26754- 3591; 9, FEB. 9, 1924; L.R.N.A., 1929, P. 103.) THE MEMBERSHIP OF THE INSULAR FORCE OF THE NAVY IS LIMITED TO NOT TO EXCEED "500 FILIPINOS" ( EXECUTIVE ORDER OF APRIL 5, 1901), AND BY SECTION 10 OF THE PAY ACT OF JUNE 10, 1922 (42 STAT. 630; 37 U.S.C. 16), IT IS PROVIDED THAT THE RATES OF "PAY" OF MEMBERS OF THE INSULAR FORCE "SHALL BE ONE-HALF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS.'

IN DECISIONS OF YOUR OFFICE TO THE SECRETARY OF THE NAVY OF OCTOBER 3, 1940, B-12506, AND MARCH 17, 1941, B-15346 (20 COMP. GEN. 522) IT WAS HELD, RESPECTIVELY, THAT (1) SINCE THE GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS OF MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS, THE FURLOUGH RATION FOR THE INSULAR FORCE SHOULD BE LIMITED TO THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS; AND (2) THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940 ( PUBLIC, NO. 872), GRANTING ALLOWANCES FOR QUARTERS FOR DEPENDENTS OF ENLISTED MEN ON ACTIVE DUTY OF THE FIRST THREE PAY GRADES OF THE ARMY, AND THE EXECUTIVE ORDER OF FEBRUARY 19, 1941, NO. 8688, ISSUED PURSUANT THERETO, ARE ENTITLED TO ACTUAL EXPENSES FOR LODGING NOT TO EXCEED 50 CENTS A DAY, AS PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 (B) OF SAID EXECUTIVE ORDER.

THE BASIS OF THE CONCLUSIONS REACHED IN THE TWO PRIOR DECISIONS AFFECTING MEMBERS OF THE INSULAR FORCE OF THE NAVY WAS THAT UNDER SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT APPROVED SEPTEMBER 16, 1940 ( PUBLIC, NO. 783), PROVIDING THAT ENLISTED MEN OF THE NAVY "SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY AND MARINE CORPS," THE "GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS OF MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS" AND THAT THE RIGHT OF MEMBERS OF THE INSULAR FORCE TO THE PARTICULAR ALLOWANCES UNDER CONSIDERATION WAS ACCORDINGLY "LIMITED TO THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS.'

THE REASONING RELIED UPON FOR THE CONCLUSIONS REACHED IN THE PRIOR DECISIONS OF OCTOBER 3, 1940, AND MARCH 17, 1941, DOES NOT APPEAR TO BE APPLICABLE IN THE PRESENT CASE, IN VIEW OF WHICH YOUR DECISION IS REQUESTED AS TO WHETHER CURRENT NAVAL APPROPRIATIONS MAY BE CONSIDERED LEGALLY AVAILABLE FOR PAYMENT OF QUARTERS AND SUBSISTENCE ALLOWANCES TO MEMBERS OF THE INSULAR FORCE OF THE NAVY AT THE SAME RATES AS AUTHORIZED FOR ENLISTED MEN OF THE REGULAR NAVY IN EXECUTIVE ORDER NO. 8704 OF MARCH 4, 1941, AS AMENDED. IF THIS QUESTION IS ANSWERED IN THE NEGATIVE, YOUR FURTHER DECISION IS REQUESTED AS TO THE CORRECT RATE OF ALLOWANCES FOR QUARTERS AND SUBSISTENCE TO WHICH MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENTITLED. IT IS FURTHER REQUESTED THAT YOUR DECISION SPECIFY THE QUARTERS AND SUBSISTENCE ALLOWANCES TO WHICH MEMBERS OF THE INSULAR FORCE OF THE NAVY WILL BE ENTITLED BOTH WHILE IN A TRAVEL AND NON-TRAVEL STATUS WITHIN AND OUTSIDE THE PHILIPPINE ISLANDS.

IN CONNECTION WITH THE FOREGOING, THERE IS ENCLOSED A COPY OF BUREAU OF NAVIGATION CIRCULAR LETTER NO. 34-41 OF MARCH 25, 1941, SETTING FORTH THE INSTRUCTIONS ISSUED BY THE BUREAU UNDER EXECUTIVE ORDER NO. 8704 OF MARCH 4, 1941.

AS YOU HAVE INDICATED, THE DECISIONS OF THIS OFFICE (B-12506, OCTOBER 3, 1940, AND 20 COMP. GEN. 522); WHICH HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENTITLED TO CERTAIN ALLOWANCES NOT IN EXCESS OF THOSE AUTHORIZED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS, INVOLVED ALLOWANCES TO WHICH THE MEMBERS OF THE INSULAR FORCE BECAME ENTITLED BY REASON OF THE PROVISIONS OF THE LAST SENTENCE OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 895. PAYMENT OF QUARTERS AND SUBSISTENCE ALLOWANCES TO ENLISTED MEN OF THE NAVY NOT FURNISHED QUARTERS OR RATIONS IN KIND IS AUTHORIZED UNDER THE TERMS OF SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630. THE CITED SECTION 11 PROVIDES, IN PART, AS FOLLOWS:

* * * 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.

IT HAS BEEN HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE REGULAR NAVY OF THE UNITED STATES. 12 COMP. DEC. 189; 26 ID. 428; 1 COMP. GEN. 480; 1 MS COMP. GEN. 746, SEPTEMBER 6, 1921.

ACCORDINGLY, YOU ARE ADVISED THAT IN THE ABSENCE OF ADMINISTRATIVE LIMITATIONS ON AUTHORIZING THE ALLOWANCES NAVAL APPROPRIATIONS FOR PAYMENT OF ALLOWANCES UNDER SECTION 11 OF THE JOINT SERVICE PAY ACT (BUT NOT UNDER THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205) ARE AVAILABLE FOR SUCH PAYMENTS WHEN PROPERLY AUTHORIZED TO MEMBERS OF THE INSULAR FORCE OF THE NAVY.