B-23189, FEBRUARY 5, 1942, 21 COMP. GEN. 752

B-23189: Feb 5, 1942

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RENTAL AND QUARTERS ALLOWANCE - NAVY OFFICERS AND ENLISTED MEN - DEPENDENTS EVACUATED FROM OR NOT PERMITTED TO GO TO OVERSEAS STATIONS WHERE DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE NAVY WERE ORDERED EVACUATED FROM OVERSEAS STATIONS FOR A CAUSE WHICH HAS BEEN LEGISLATIVELY RECOGNIZED AS SUFFICIENT TO JUSTIFY THEIR EVACUATION. - AS DISTINGUISHED FROM A MERE DEPARTMENTAL CONCLUSION THAT SUCH WAS REQUIRED "FOR THE CONVENIENCE OF THE GOVERNMENT". FOR DEPENDENTS ARE AUTHORIZED. THAT THE DEPENDENTS WERE REQUIRED TO VACATE PUBLIC QUARTERS. PROVIDED EXISTING ASSIGNMENTS OF PUBLIC QUARTERS FOR DEPENDENTS ARE TERMINATED. WHERE OFFICERS AND ENLISTED MEN OF THE NAVY ARE NOT PERMITTED TO HAVE THEIR DEPENDENTS ACCOMPANY THEM TO OVERSEAS STATIONS FOR A CAUSE WHICH HAS BEEN LEGISLATIVELY RECOGNIZED AS JUSTIFYING EVACUATION OF DEPENDENTS FROM SUCH STATIONS.

B-23189, FEBRUARY 5, 1942, 21 COMP. GEN. 752

RENTAL AND QUARTERS ALLOWANCE - NAVY OFFICERS AND ENLISTED MEN - DEPENDENTS EVACUATED FROM OR NOT PERMITTED TO GO TO OVERSEAS STATIONS WHERE DEPENDENTS OF OFFICERS AND ENLISTED MEN OF THE NAVY WERE ORDERED EVACUATED FROM OVERSEAS STATIONS FOR A CAUSE WHICH HAS BEEN LEGISLATIVELY RECOGNIZED AS SUFFICIENT TO JUSTIFY THEIR EVACUATION--- AS DISTINGUISHED FROM A MERE DEPARTMENTAL CONCLUSION THAT SUCH WAS REQUIRED "FOR THE CONVENIENCE OF THE GOVERNMENT"--- OTHERWISE PROPER PAYMENTS OF RENTAL ALLOWANCE OR MONEY ALLOWANCE FOR QUARTERS, AS THE CASE MAY BE, FOR DEPENDENTS ARE AUTHORIZED, SO LONG AS THE CAUSE FOR EVACUATION CONTINUES TO EXIST, FROM THE DATE SUBSEQUENT TO DECEMBER 20, 1941, THE DATE OF A GENERAL EVACUATION ORDER, THAT THE DEPENDENTS WERE REQUIRED TO VACATE PUBLIC QUARTERS, PROVIDED EXISTING ASSIGNMENTS OF PUBLIC QUARTERS FOR DEPENDENTS ARE TERMINATED. WHERE OFFICERS AND ENLISTED MEN OF THE NAVY ARE NOT PERMITTED TO HAVE THEIR DEPENDENTS ACCOMPANY THEM TO OVERSEAS STATIONS FOR A CAUSE WHICH HAS BEEN LEGISLATIVELY RECOGNIZED AS JUSTIFYING EVACUATION OF DEPENDENTS FROM SUCH STATIONS--- AS DISTINGUISHED FROM A MERE DEPARTMENTAL CONCLUSION THAT SUCH IS REQUIRED FOR THE "CONVENIENCE OF THE GOVERNMENT"--- OTHERWISE PROPER PAYMENTS OF RENTAL ALLOWANCE OR MONEY ALLOWANCE FOR QUARTERS, AS THE CASE MAY BE, FOR DEPENDENTS ARE AUTHORIZED, SO LONG AS SUCH CAUSE CONTINUES TO EXIST, FROM THE DATE SUBSEQUENT TO DECEMBER 20, 1941, THE DATE OF A GENERAL DEPARTMENTAL ORDER DIRECTING THE EVACUATION OF DEPENDENTS FROM OVERSEAS STATIONS, THAT THE OFFICER OR ENLISTED MAN ARRIVED AT HIS OVERSEAS STATION, PROVIDED PUBLIC QUARTERS ARE NOT IN FACT OCCUPIED BY DEPENDENTS AFTER THAT DATE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, FEBRUARY 5, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 16, 1942, REQUESTING DECISION ON CERTAIN QUESTIONS PRESENTED IN A LETTER OF JANUARY 5, 1942, FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS: SUBJECT: CREDIT OF RENTAL ALLOWANCE AND MONEY ALLOWANCE FOR QUARTERS DEPENDENTS IN CASE OF OFFICERS ON SHORE DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. 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 (54 STAT. 1205).

(C) ARTICLE 1819 (4) U.S. NAVY REGULATIONS.

(D) DECISION OF THE COMPTROLLER GENERAL B-15889 DATED MAY 2, 1941

(20 COMP. GEN. 720).

(E) SECNAV DESPATCH 201642 DECEMBER. ENCLOSURE: (A) COPY OF ALNAV 36.

1. THE SECRETARY OF THE NAVY ON DECEMBER 20, 1941, SENT THE FOLLOWING DESPATCH TO THE COMMANDANTS, TENTH, THIRTEENTH, FOURTEENTH, AND FIFTEENTH NAVAL DISTRICTS, THE GOVERNOR OF SAMOA, AND THE COMMANDING OFFICERS OF THE NAVAL OPERATING BASES, BERMUDA AND ARGENTINA:

"201642 DECEMBER EVACUATION DIRECTED AS SOON AS TRANSPORTATION IS AVAILABLE ALL DEPENDENTS PERSONNEL NAVAL ESTABLISHMENT INCLUDING COAST GUARD LOCATED OUTSIDE CONTINENTAL LIMITS UNITED STATES INCLUDING CANAL ZONE AND ALASKA METHOD PROCEDURE OUTLINED IN ALNAV 36.'

2. THE COMPTROLLER GENERAL IN DECISION OF MAY 2, 1941, CONSIDERED THE QUESTION OF WHETHER OFFICERS AND ENLISTED MEN WHOSE DEPENDENTS WERE EVACUATED BY ADMINISTRATIVE ORDER FROM THE ASIATIC STATION WERE ENTITLED TO RENTAL ALLOWANCE AND MONEY ALLOWANCE FOR QUARTERS, RESPECTIVELY, EVEN THOUGH THE OFFICERS AND ENLISTED MEN THEMSELVES WERE ASSIGNED AND OCCUPIED PUBLIC QUARTERS. IN THIS DECISION THE COMPTROLLER GENERAL RULED THAT PAYMENTS OF THE ALLOWANCES FOR DEPENDENTS COULD BE MADE SUBJECT TO THE CONDITIONS SET FORTH THEREIN.

3. IN VIEW OF THE GENERAL EVACUATION ORDER CONTAINED IN DESPATCH OF DECEMBER 20, 1941, AND ALSO THAT DEPENDENTS OF OFFICERS AND ENLISTED MEN ORDERED TO STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES ARE NOT PERMITTED TO TAKE THEIR DEPENDENTS WITH THEM, IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL ON 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 FOR THE CONVENIENCE OF THE GOVERNMENT BE ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS? 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 AND QUARTERS ALLOWANCE FOR DEPENDENTS IN SUCH CASES, OR CAN THIS BE ACCOMPLISHED BY A CHANGE IN NAVY REGULATIONS?

(D) WILL OFFICERS WITH DEPENDENTS, ORDERED TO SHORE DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, WHOSE DEPENDENTS ARE PROHIBITED BY ADMINISTRATIVE ORDERS FROM ACCOMPANYING THE OFFICERS BE ENTITLED TO RENTAL ALLOWANCE WHILE OCCUPYING GOVERNMENT QUARTERS? IF SO, DURING WHAT PERIODS WILL THIS ALLOWANCE BE PAYABLE?

(E) WILL ENLISTED MEN OF THE FIRST THREE PAY GRADES ORDERED TO SHORE DUTY OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, WHOSE DEPENDENTS ARE PROHIBITED BY ADMINISTRATIVE ORDERS FROM ACCOMPANYING THE MEN, BE ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AS AUTHORIZED IN THE ACT OF OCTOBER 17, 1940, EVEN THOUGH QUARTERS WOULD BE AVAILABLE AT THE DUTY STATION FOR THE DEPENDENTS? IF SO, DURING WHAT PERIOD WILL THIS ALLOWANCE BE PAYABLE?

THE NAVAL APPROPRIATION ACT, 1942, 55 STAT. 151, 161, CONTAINS A PROVISION AS FOLLOWS:

* * * THAT DURING THE FISCAL YEAR 1942 THE DEPENDENTS AND HOUSEHOLD EFFECTS OF SUCH PERSONNEL OF THE NAVAL ESTABLISHMENT ON DUTY AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, AND IN ALASKA, AS MAY BE DETERMINED UPON BY THE SECRETARY OF THE NAVY, MAY, PRIOR TO THE ISSUANCE OF ORDERS FOR THE RELIEF OF SUCH PERSONNEL FROM THEIR STATIONS, BE MOVED (INCLUDING PACKING AND UNPACKING OF HOUSEHOLD EFFECTS) TO SUCH LOCATIONS IN CONTINENTAL UNITED STATES AS MAY BE SELECTED BY THE SECRETARY OF THE NAVY, BY THE USE OF EITHER GOVERNMENT OR COMMERCIAL MEANS OF TRANSPORTATION, AND LATER FROM SUCH LOCATIONS TO THE DUTY STATIONS TO WHICH SUCH PERSONNEL MAY BE ORDERED, AND CURRENT APPROPRIATIONS OF THE NAVAL ESTABLISHMENT AVAILABLE FOR TRAVEL AND TRANSPORTATION MAY BE USED FOR THIS PURPOSE.

A SIMILAR PROVISION WITH RESPECT TO THE FISCAL YEAR 1941 APPEARS IN THE FIFTH SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1941, 55 STAT. 123, 129. UNDER THESE STATUTORY PROVISIONS THE DEPENDENTS AND HOUSEHOLD EFFECTS OF NAVAL PERSONNEL ON DUTY AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES MAY BE RETURNED TO THE CONTINENTAL UNITED STATES AT GOVERNMENT EXPENSE DURING THE FISCAL YEARS SPECIFIED, EVEN THOUGH THE OFFICER OR ENLISTED MAN MAY BE CONTINUED ON DUTY AT HIS OVERSEAS STATION, AND NOTWITHSTANDING THAT THE BASIC PERMANENT STATUTORY PROVISIONS FOR TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS AUTHORIZE SUCH TRANSPORTATION ONLY UPON PERMANENT CHANGE OF STATION OF THE OFFICER OR MAN INVOLVED. THUS THERE IS INDICATED A RECOGNITION BY THE CONGRESS OF THE PROBABLE NEED FOR REQUIRING THAT THE DEPENDENTS OF NAVAL PERSONNEL RETURN TO THE CONTINENTAL UNITED STATES DURING THE EXISTING NATIONAL EMERGENCY. IN VIEW OF THIS LEGISLATIVE RECOGNITION OF THE PROBABLE NEED FOR EVACUATING DEPENDENTS FROM OVERSEAS STATIONS AND THE DISCRETION VESTED IN THE SECRETARY OF THE NAVY BY THE CITED PROVISIONS OF THE APPROPRIATION ACTS, THE ORDER TO THE EFFECT THAT ALL DEPENDENTS OF PERSONNEL OF THE NAVAL ESTABLISHMENT OUTSIDE CONTINENTAL UNITED STATES BE RETURNED TO THE UNITED STATES WAS AUTHORIZED. IT SHOULD BE EMPHASIZED THAT PAYMENT OF RENTAL ALLOWANCE, OR THE MONEY ALLOWANCE FOR QUARTERS, FOR DEPENDENTS MAY NOT BE MADE MERELY BECAUSE THE DEPENDENTS ARE EVACUATED FROM OVERSEAS STATIONS ON A DEPARTMENTAL CONCLUSION THAT IT IS FOR THE CONVENIENCE OF THE GOVERNMENT. HOWEVER, SINCE THE REMOVAL OF DEPENDENTS FROM OVERSEAS STATIONS WAS REQUIRED BY THE SECRETARY OF THE NAVY FOR A CAUSE RECOGNIZED BY THE CONGRESS AS SUFFICIENT TO JUSTIFY THEIR REMOVAL, IT MAY BE CONSIDERED THAT WHILE THE CAUSE FOR REMOVAL CONTINUES TO EXIST THERE ARE NO PUBLIC QUARTERS AVAILABLE FOR DEPENDENTS AT OVERSEAS STATIONS, PROVIDED ALL ASSIGNMENTS TO PUBLIC QUARTERS FOR DEPENDENTS AT SUCH STATIONS ARE TERMINATED.

ACCORDINGLY, THE FIVE QUESTIONS IN THE BUREAU OF SUPPLIES AND ACCOUNTS LETTER, SUPRA, ARE ANSWERED AS FOLLOWS:

QUESTION (A)

OFFICERS OCCUPYING GOVERNMENT QUARTERS AT OVERSEAS STATIONS WHOSE DEPENDENTS ARE EVACUATED FROM SUCH STATIONS UNDER THE CONDITIONS SPECIFIED ABOVE MAY BE PAID RENTAL ALLOWANCE AS OFFICERS WITH DEPENDENTS UNDER THE TERMS OF SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED, 37 U.S.C. 10, FROM THE DATE THE DEPENDENTS WERE REQUIRED TO VACATE PUBLIC QUARTERS SUBSEQUENT TO DECEMBER 20, 1941, THE DATE OF THE EVACUATION ORDER, PROVIDING EXISTING ASSIGNMENTS OF PUBLIC QUARTERS FOR DEPENDENTS ARE TERMINATED.

QUESTION (B)

OTHER REQUIREMENTS BEING MET, ENLISTED MEN OF THE FIRST THREE PAY GRADES WITH DEPENDENTS MAY BE PAID THE MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS AS AUTHORIZED BY THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, AND THE EXECUTIVE REGULATIONS ISSUED THEREUNDER, FROM THE DATE THEIR DEPENDENTS ARE REQUIRED TO VACATE PUBLIC QUARTERS AT OVERSEAS STATIONS SUBSEQUENT TO DECEMBER 20, 1941, UNDER THE CONDITIONS SPECIFIED ABOVE.

QUESTION (C)

IN VIEW OF THE ANSWERS TO QUESTIONS (A) AND (B) NO ANSWER TO THIS QUESTION APPEARS TO BE NECESSARY.

QUESTION (D)

IF THE DEPENDENTS OF AN OFFICER ARE NOT PERMITTED TO ACCOMPANY HIM TO HIS SHORE STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES BECAUSE OF THE CONDITIONS AND THE DETERMINATION SPECIFIED ABOVE, THE OFFICER MAY BE PAID RENTAL ALLOWANCE PROVIDED FOR AN OFFICER WITH DEPENDENTS, OTHER CONDITIONS BEING MET, FROM THE DATE OF HIS ARRIVAL AT HIS SHORE STATION OVERSEAS SUBSEQUENT TO DECEMBER 20, 1941, PROVIDED HIS DEPENDENTS HAVE NOT IN FACT OCCUPIED PUBLIC QUARTERS AFTER THAT DATE.

QUESTION (E)

IF AN ENLISTED MAN OF THE FIRST THREE PAY GRADES IS NOT PERMITTED TO HAVE HIS DEPENDENTS ACCOMPANY HIM TO HIS SHORE STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES BECAUSE OF THE CONDITIONS AND THE DETERMINATION SPECIFIED ABOVE, AS STATED ABOVE THE QUARTERS ARE NOT IN FACT AVAILABLE FOR THE DEPENDENTS AND HE MAY BE PAID THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AUTHORIZED BY THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, AND THE EXECUTIVE REGULATIONS ISSUED THEREUNDER, OTHER CONDITIONS BEING MET. THE ALLOWANCE WOULD BE PAYABLE FROM THE DATE OF THE MAN'S ARRIVAL AT HIS ASSIGNED STATION OVERSEAS SUBSEQUENT TO DECEMBER 20, 1941, PROVIDED PUBLIC QUARTERS WERE NOT IN FACT OCCUPIED BY HIS DEPENDENTS AFTER THAT DATE.