B-25735, MAY 15, 1942, 21 COMP. GEN. 1015

B-25735: May 15, 1942

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IS ENTITLED TO RECEIVE. SO LONG AS HE REMAINS AT A DUTY STATION WHICH WOULD HAVE ENTITLED HIM IN HIS PERMANENT STATUS TO SUCH ALLOWANCES. WAS RECEIVING THE SAVED PAY AND ALLOWANCES OF HIS PERMANENT GRADE PURSUANT TO THE SAVING PROVISIONS OF THE ACT. THE PAY AND ALLOWANCES WHICH WOULD HAVE BEEN PAYABLE IN HIS PERMANENT GRADE BECAME LESS THAN THOSE FOR HIS TEMPORARY GRADE. HE IS REQUIRED BY SECTION 7 (A) OF THE SAID ACT TO BE PAID THE HIGHER PAY AND ALLOWANCES OF HIS TEMPORARY GRADE. WOULD HAVE BEEN THE SAME AS THE TOTAL PAY AND ALLOWANCES OF THE TEMPORARY GRADE. THE APPOINTEE SHOULD BE PAID UNDER HIS TEMPORARY COMMISSION AS REQUIRED BY SECTION 7 (A) OF THE SAID ACT WHICH PROVIDES FOR PAYMENT OF THE PAY AND ALLOWANCES OF THE GRADES TEMPORARILY OCCUPIED BY SUCH APPOINTEES UNLESS THE PAY AND ALLOWANCES OF THEIR PERMANENT GRADES ARE HIGHER.

B-25735, MAY 15, 1942, 21 COMP. GEN. 1015

PAY AND ALLOWANCES - TEMPORARILY PROMOTED MARINE CORPS PERSONNEL A MARINE CORPS ENLISTED MAN TEMPORARILY APPOINTED TO THE GRADE OF WARRANT OFFICER PURSUANT TO THE ACT OF JULY 24, 1941, IS ENTITLED TO RECEIVE, IN ACCORDANCE WITH THE SAVING PROVISIONS IN SECTION 7 (A) OF THE ACT, THE MONEY ALLOWANCE FOR QUARTERS AND SUBSISTENCE APPLICABLE TO HIS PERMANENT GRADE, SO LONG AS HE REMAINS AT A DUTY STATION WHICH WOULD HAVE ENTITLED HIM IN HIS PERMANENT STATUS TO SUCH ALLOWANCES, AND SO LONG AS THE PAY AND ALLOWANCES OF HIS PERMANENT GRADE EXCEED THOSE OF HIS TEMPORARY GRADE. WHERE A MARINE CORPS ENLISTED MAN TEMPORARILY APPOINTED TO THE GRADE OF WARRANT OFFICER UNDER AUTHORITY OF THE ACT OF JULY 24, 1941, WAS RECEIVING THE SAVED PAY AND ALLOWANCES OF HIS PERMANENT GRADE PURSUANT TO THE SAVING PROVISIONS OF THE ACT, BUT, BY REASON OF A DECREASE IN THE AUTHORIZED QUARTERS AND SUBSISTENCE ALLOWANCES WHICH RESULTED FROM HIS TRANSFER TO ANOTHER STATION, THE PAY AND ALLOWANCES WHICH WOULD HAVE BEEN PAYABLE IN HIS PERMANENT GRADE BECAME LESS THAN THOSE FOR HIS TEMPORARY GRADE, HE IS REQUIRED BY SECTION 7 (A) OF THE SAID ACT TO BE PAID THE HIGHER PAY AND ALLOWANCES OF HIS TEMPORARY GRADE. WHERE THE TOTAL PAY AND ALLOWANCES OF THE PERMANENT GRADE OF A MARINE CORPS COMMISSIONED WARRANT OFFICER TEMPORARILY APPOINTED TO THE GRADE OF FIRST LIEUTENANT UNDER AUTHORITY OF THE ACT OF JULY 24, 1941, WOULD HAVE BEEN THE SAME AS THE TOTAL PAY AND ALLOWANCES OF THE TEMPORARY GRADE, THE APPOINTEE SHOULD BE PAID UNDER HIS TEMPORARY COMMISSION AS REQUIRED BY SECTION 7 (A) OF THE SAID ACT WHICH PROVIDES FOR PAYMENT OF THE PAY AND ALLOWANCES OF THE GRADES TEMPORARILY OCCUPIED BY SUCH APPOINTEES UNLESS THE PAY AND ALLOWANCES OF THEIR PERMANENT GRADES ARE HIGHER. WHERE THE PAY AND ALLOWANCES OF THE PERMANENT GRADE OF A MARINE CORPS COMMISSIONED WARRANT OFFICER TEMPORARILY APPOINTED TO THE GRADE OF FIRST LIEUTENANT UNDER AUTHORITY OF THE ACT OF JULY 24, 1941, WOULD HAVE BEEN THE SAME AS THE PAY AND ALLOWANCES OF THE TEMPORARY GRADE, BUT, DUE TO ASSIGNMENT OF QUARTERS, THE PAY AND ALLOWANCES OF HIS TEMPORARY GRADE ARE LESS THAN THOSE TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE BEEN ASSIGNED QUARTERS IN HIS PERMANENT GRADE, THE APPOINTEE SHOULD, IN ACCORDANCE WITH THE SAVING PROVISIONS OF SECTION 7 (A) OF THE SAID ACT, RECEIVE THE HIGHER PAY AND ALLOWANCES OF THE PERMANENT GRADE. WHENEVER THE PAY AND ALLOWANCES OF THE PERMANENT GRADES OCCUPIED BY MARINE CORPS PERSONNEL IMMEDIATELY PRIOR TO THEIR TEMPORARY APPOINTMENT UNDER THE ACT OF JULY 24, 1941, WOULD, BY REASON OF CHANGES IN STATUS WITH RESPECT TO ASSIGNMENT OF QUARTERS OR PAYMENT OF MONEY ALLOWANCE THEREFOR, SUBSISTENCE ALLOWANCE, AND TYPE OF DUTY ASSIGNED, HAVE EXCEEDED THE PAY AND ALLOWANCES OF THE TEMPORARY GRADES, THE APPOINTEES SHOULD BE PERMITTED TO SHIFT FROM THE PAY AND ALLOWANCES OF THE TEMPORARY GRADES TO THOSE OF THE PERMANENT GRADES IN ORDER TO DRAW THE HIGHER TOTAL COMPENSATION AS PROVIDED IN THE SAVING PROVISIONS OF SECTION 7 (A) OF THE SAID ACT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MAY 15, 1942:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 29, 1942, REQUESTING DECISION ON QUESTIONS PRESENTED IN A LETTER FROM THE PAYMASTER, UNITED STATES MARINE CORPS, DATED APRIL 24, 1942, AS FOLLOWS:

1. THERE HAS BEEN PRESENTED TO THIS OFFICE THE QUESTION AS TO THE CORRECT PAY AND ALLOWANCES TO BE CREDITED IN THE ACCOUNT OF MARINE GUNNER (TEMPORARY) WILLIAM F. WATSON, U.S. MARINE CORPS, UPON HIS ACCEPTANCE OF APPOINTMENT AS SUCH UNDER THE PROVISIONS OF THE ACT APPROVED JULY 24, 1941.

2. SECTION 2 (B) OF THE ACT OF JULY 24, 1941, PUBLIC LAW 188, 77TH CONGRESS, AUTHORIZES THE TEMPORARY APPOINTMENT OF COMMISSIONED WARRANT AND WARRANT OFFICERS AND ENLISTED MEN OF THE RANK OF PLATOON OR STAFF SERGEANT AND ABOVE IN THE REGULAR MARINE CORPS TO RANKS NOT ABOVE CAPTAIN IN THE REGULAR MARINE CORPS. SECTION 7 (A) OF THE ABOVE CITED ACT PROVIDES, IN PART, AS FOLLOWS:

"* * * THAT EXCEPT AS OTHERWISE PROVIDED HEREIN NO PERSON WHO SHALL ACCEPT A COMMISSION OR WARRANT UNDER SECTIONS 2 AND 3 OF THIS ACT SHALL, WHILE SERVING THEREUNDER, BE ENTITLED TO PAY OR ALLOWANCES EXCEPT AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED: PROVIDED FURTHER, THAT NO PERSON TEMPORARILY APPOINTED UNDER THE AUTHORITY OF THIS ACT SHALL SUFFER ANY REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN SO TEMPORARILY APPOINTED.' ( ITALICS SUPPLIED.)

3. THE RECORDS SHOW THAT MARINE GUNNER WATSON ACCEPTED TEMPORARY APPOINTMENT AS A MARINE GUNNER ON APRIL 10, 1942, WITH RANK FROM MARCH 2, 1942. ON THE DATE PRIOR TO ACCEPTANCE OF THE TEMPORARY APPOINTMENT AS MARINE GUNNER, WATSON WAS SERVING IN THE ENLISTED RANK OF MASTER TECHNICAL SERGEANT (FIRST GRADE) AND WAS ON DUTY WITH THE AMERICAN LEGATION, GUATEMALA CITY, GUATEMALA, AND ENTITLED TO AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE AT THE RATE OF $4.00 PER DIEM, UNDER THE PROVISIONS OF TABLE I OF EXECUTIVE ORDER NO. 8704, DATED MARCH 4, 1941, AS AMENDED. THE RECORDS FURTHER SHOW THAT WATSON HAS OVER 12 YEARS' SERVICE WHICH MAY BE COUNTED FOR PAY PURPOSES BOTH AS A WARRANT OFFICER AND AS AN ENLISTED MAN, AND THAT HE IS DETAILED TO DUTY INVOLVING FLYING AND ENTITLED TO INCREASED PAY FOR AVIATION DUTY. THE FOLLOWING IS A COMPARISON OF THE PRESENT TOTAL PAY AND ALLOWANCES OF THE PERMANENT AND TEMPORARY RANK IN THE CASE OF WATSON BASED ON A 30 DAY MONTH:

WARRANT OFFICER PAY ----------------------------------------------- -- $170.20 RENTAL ALLOW ------------------------------------------ 40.00 SUBS. ALLOW ------------------------------------------- 18.00 S AND FSS (ACT 3/7/42) ------------------------------ 29.60 AVIATION PAY ----------- ------------------------------ 99.90

TOTAL PAY AND ALLOW.

AS WARRANT OFFICER ---------------------------- 357.70

ENLISTED MAN PAY -------------------------------------------------- $151.20 QTRS. AND SUBS. ALLOW -------------------------------- 120.00 ACT OF 8/18/41 --------------------------------------- 10.00 S AND FSS (ACT 3/7/42) ------------------------------ 25.20 AVIATION PAY - -------------- ------------------------- 88.20

TOTAL PAY AND ALLOW.

AS ENLISTED MAN ------------------------------- 394.60

THE RECORDS SHOW THAT MARINE GUNNER WATSON IS MARRIED AND WOULD BE ENTITLED TO A QUARTERS ALLOWANCE UNDER THE PROVISIONS OF THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, IN HIS PERMANENT RANK AS AN ENLISTED MAN, PROVIDED NO QUARTERS WERE AVAILABLE OR ASSIGNED HIS DEPENDENT WIFE, WERE IT NOT FOR THE FACT THAT HE IS NOW ON DUTY AT A STATION WHERE NO QUARTERS AND RATIONS ARE AVAILABLE AND ENTITLED TO A QUARTERS ALLOWANCE IN HIS OWN RIGHT.

4. IN VIEW OF THE FOREGOING, AND IN ORDER THAT THE PAYMASTER, U.S. MARINE CORPS, MAY CORRECTLY ADVISE DISBURSING OFFICERS OF THIS DEPARTMENT AS TO THE METHOD OF SETTLING THE ACCOUNTS OF INDIVIDUALS TEMPORARILY PROMOTED UNDER THE AUTHORITY OF THE ACT OF JULY 24, 1941, SUPRA, IT IS REQUESTED THAT THE FOLLOWING QUESTIONS BE SUBMITTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR A DECISION:

(A) IS MARINE GUNNER WATSON ENTITLED TO RETAIN HIS TOTAL ENLISTED PAY AND ALLOWANCES (INCLUDING THE STATION MONEY ALLOWANCE FOR QUARTERS AND SUBSISTENCE) UPON ACCEPTANCE OF TEMPORARY APPOINTMENT AS MARINE GUNNER?

(B) IF THE ANSWER TO (A) ABOVE IS IN THE AFFIRMATIVE, WHAT PAY AND ALLOWANCES WILL WATSON BE ENTITLED TO RECEIVE IN THE EVENT OF HIS TRANSFER --- WHILE HOLDING SAID TEMPORARY RANK--- TO A STATION WHERE, FOR INSTANCE DUE TO A DECREASE IN THE MONEY ALLOWANCE FOR QUARTERS AND SUBSISTENCE AUTHORIZED FOR THE STATION TO WHICH TRANSFERRED, THE TOTAL PAY AND ALLOWANCES (IN MONEY) WHICH HE WOULD BE ENTITLED TO RECEIVE IN HIS PERMANENT RANK AS AN ENLISTED MAN WOULD BE LESS THAN THE TOTAL PAY AND ALLOWANCES OF THE TEMPORARY RANK?

5. IT IS FURTHER REQUESTED THAT A DECISION BE OBTAINED ON THE FOLLOWING QUESTIONS:

(A) SHOULD A COMMISSIONED WARRANT OFFICER TEMPORARILY APPOINTED TO THE RANK OF FIRST LIEUTENANT, WHERE THE TOTAL OF THE PAY AND ALLOWANCES OF EITHER HIS TEMPORARY OR PERMANENT RANK IS THE SAME ($271.00 A MONTH), CONTINUE TO BE CREDITED THE PAY AND ALLOWANCES OF HIS PERMANENT RANK OR SHOULD HE BE CREDITED THE PAY AND ALLOWANCES OF THE RANK TEMPORARILY HELD? FOR EXAMPLE, THE ACCOUNT OF A PERMANENT COMMISSIONED WARRANT OFFICER WITH DEPENDENTS, AND WITH OVER 20 YEARS' TOTAL SERVICE AND WITH OVER THREE YEARS' COMMISSIONED SERVICE, IN A RENTAL ALLOWANCE STATUS, DRAWING THE SAVED PAY OF A WARRANT OFFICER FOR COMPARISON MAY BE STATED AS FOLLOWS:

COMMISSIONED WARRANT PAY PAY (SAVED PAY) -------------------------- ----- ------ $185.00 SUBSISTENCE --------------------------------------- -- 36.00 RENTAL ----------------------------------------------- 50.00

TOTAL ------------------------------------------- 271.00

PAY OF TEMPORARY RANK AS FIRST LIEUTENANT PAY --------------------- ----- ----------------------- $175.00 SUBSISTENCE --------------------- -------- ------------ 36.00 RENTAL ---------------------------------- ------------ 60.00

TOTAL ------------------------------------------- 271.00

(B) IN THE EVENT THAT IN ANSWER TO QUESTION (A) IT IS HELD THAT THE OFFICER SHOULD BE CREDITED THE PAY AND ALLOWANCES OF THE TEMPORARY RANK, WHAT PAY AND ALLOWANCES WOULD THE OFFICER BE ENTITLED TO RECEIVE IN THE EVENT OF HIS ASSIGNMENT TO PUBLIC QUARTERS WHERE THE ACTUAL AMOUNT OF MONEY RECEIVED BY THE OFFICER IN HIS TEMPORARY RANK ($211.00 PER MONTH) WOULD BE LESS THAN THAT TO WHICH HE WOULD BE ENTITLED IN HIS PERMANENT RANK ($221.00 PER MONTH) WOULD BE LESS THAN THAT TO WHICH HE WOULD BE ENTITLED IN HIS PERMANENT RANK ($221.00 PER MONTH/?

(C) ARE INDIVIDUALS TEMPORARILY APPOINTED UNDER THE AUTHORITY OF THE ACT CITED TO BE PERMITTED TO SHIFT FROM THE TOTAL PAY AND ALLOWANCES OF THEIR PERMANENT RANK TO THE TOTAL PAY AND ALLOWANCES OF THEIR TEMPORARY RANK, OR VICE VERSA, WHENEVER A CHANGE IN STATUS OCCURS IN ORDER TO PERMIT THEM, AT ALL TIMES, TO DRAW THE HIGHEST TOTAL COMPENSATION?

SECTION 7 (A) OF THE ACT OF JULY 24, 1941, 55 STAT. 604, 34 U.S.C. 350F, PROVIDES:

THE PERMANENT, PROBATIONARY, OR ACTING APPOINTMENTS OF THOSE PERSONS TEMPORARILY APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT SHALL NOT BE VACATED BY REASON OF SUCH TEMPORARY APPOINTMENTS, SUCH PERSONS SHALL NOT BE PREJUDICED THEREBY IN REGARD TO PROMOTION, ADVANCEMENT, OR APPOINTMENT IN ACCORDANCE WITH LAWS RELATING TO THE REGULAR NAVY OR MARINE CORPS, AND THEIR RIGHTS, BENEFITS, PRIVILEGES, AND GRATUITIES SHALL NOT BE LOST OR ABRIDGED IN ANY RESPECT WHATEVER BY THEIR ACCEPTANCE OF COMMISSIONS OR WARRANTS HEREUNDER: PROVIDED, THAT EXCEPT AS OTHERWISE PROVIDED HEREIN NO PERSON WHO SHALL ACCEPT A COMMISSION OR WARRANT UNDER SECTIONS 2 AND 3 OF THIS ACT SHALL, WHILE SERVING THEREUNDER, BE ENTITLED TO PAY OR ALLOWANCES EXCEPT AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED: PROVIDED FURTHER, THAT NO PERSON TEMPORARILY APPOINTED UNDER THE AUTHORITY OF THIS ACT SHALL SUFFER ANY REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN SO TEMPORARILY APPOINTED.

IN DECISION OF THIS OFFICE TO THE SECRETARY OF THE NAVY, B-24219, DATED MAY 7, 1942, 21 COMP. GEN. 991, IT WAS SAID WITH REFERENCE TO THE EFFECT OF THE SAVING CLAUSE CONTAINED IN SECTION 7 (A) OF THE ACT OF JULY 24, 1941, ON THE PAY OF ENLISTED MEN IN THE REGULAR ESTABLISHMENT HOLDING TEMPORARY COMMISSIONS THAT:

* * * IT WOULD INCLUDE THE PAY AND ALLOWANCES TO WHICH ENTITLED IN HIS PERMANENT STATUS AT THE TIME OF TEMPORARY APPOINTMENT AND ADDITIONAL PAY FOR LENGTH OF SERVICE WHEN AND IF AN ADDITIONAL PERIOD OF SERVICE AUTHORIZED TO BE COUNTED IS COMPLETED. IT WOULD INCLUDE, ALSO, ANY AND ALL PAY, AND ALLOWANCES PAYABLE IN MONEY, WHICH WOULD HAVE ACCRUED BY VIRTUE OF HIS STATION AND DUTY IN THE STATUS OCCUPIED WHEN FIRST TEMPORARILY APPOINTED. * * *

THE PAYMENT OF MONEY ALLOWANCES BEING DEPENDENT UPON THE DUTY STATUS OF THE ENLISTED MAN, AND THE AVAILABILITY OF QUARTERS AND SUBSISTENCE IN KIND, IF THEY WOULD BE PAID IN MONEY, THEY ARE FOR INCLUDING AS PART OF THE ALLOWANCES CONTEMPLATED BY THE LAST PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, TO BE USED AS A BASIS FOR COMPARISON DURING PERIODS WHEN PERFORMING THE DUTIES OF A TEMPORARY COMMISSIONED OFFICER UNDER SIMILAR CONDITIONS. THEREFORE, WHEN THE ENLISTED MAN IS OR WOULD HAVE BEEN ENTITLED TO RECEIVE THE MONEY ALLOWANCE FOR QUARTERS, THAT ITEM REPRESENTS PART OF HIS PAY AND ALLOWANCES WITHIN CONTEMPLATION OF THE LAST PROVISO OF SECTION 7 (A) OF THE ACT OF JULY 24, 1941, SUPRA. B-24472, DATED TODAY, 21 COMP. GEN. 1012.

QUESTION (A) IN PARAGRAPH 4 IS ANSWERED THAT SO LONG AS MARINE GUNNER WATSON REMAINS AT A DUTY STATION WHICH WOULD HAVE ENTITLED HIM AS AN ENLISTED MAN IN THE PERMANENT MARINE CORPS TO THE ITEMS OF PAY AND ALLOWANCES IN AN AMOUNT GREATER THAN THE PAY AND ALLOWANCES OF A MARINE GUNNER, THE LAST PROVISO OF SECTION 7 (A) IS APPLICABLE AND HE WOULD BE ENTITLED TO CONTINUE TO RECEIVE THE PAY AND ALLOWANCES PERTAINING TO HIS PERMANENT STATUS AS AN ENLISTED MAN.

QUESTION (B), PARAGRAPH 4, IS ANSWERED THAT SINCE, AS AN ENLISTED MAN IN THE PERMANENT MARINE CORPS, HIS PAY AND ALLOWANCES WOULD BE LESS THAN THE TOTAL PAY AND ALLOWANCES APPLICABLE TO THE TEMPORARY WARRANT OFFICE HE WOULD BE ENTITLED TO THE PAY AND ALLOWANCES OF THE TEMPORARY RANK.

(QUESTION (A), PARAGRAPH 5). THE FIRST PROVISO OF SECTION 7 REQUIRES THAT NO PERSON WHO SHALL ACCEPT A COMMISSION OR WARRANT UNDER THE PROVISIONS OF THE ACT SHALL, WHILE SERVING THEREUNDER, BE ENTITLED TO PAY OR ALLOWANCES EXCEPT AS PROVIDED BY LAW FOR THE POSITION TEMPORARILY OCCUPIED, WHICH IS FOLLOWED BY THE PROVISO WHICH PROHIBITS REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN SO TEMPORARILY APPOINTED. UNLESS, THEREFORE, THE PAY AND ALLOWANCES OF THE PERMANENT STATUS ARE MORE THAN THAT APPLICABLE TO THE HIGHER TEMPORARY COMMISSION THE TEMPORARY OFFICER IS REQUIRED TO BE PAID UNDER HIS TEMPORARY COMMISSION.

UNDER THE SITUATION REFERRED TO IN QUESTION (B), PARAGRAPH 5, THE COMMISSIONED WARRANT OFFICER, PERMANENT MARINE CORPS, HAD HE NOT BEEN TEMPORARILY APPOINTED FIRST LIEUTENANT, WOULD HAVE BEEN ENTITLED TO THE PAY AND ALLOWANCES IN THE AMOUNT OF $221 PER MONTH, AND THE LAST PROVISO OF SECTION 7 (A) PROVIDES THAT HE SHALL SUFFER NO REDUCTION IN PAY AND ALLOWANCES TO WHICH HE WOULD HAVE BEEN ENTITLED HAD HE NOT BEEN SO TEMPORARILY ADVANCED. ACCORDINGLY, THE OFFICER WOULD BE ENTITLED TO THE PAY AND ALLOWANCES OF COMMISSIONED WARRANT OFFICER UNDER HIS PERMANENT APPOINTMENT IN THE MARINE CORPS.

QUESTION (C), PARAGRAPH 5, IS STATED TOO BROADLY. ASSUMING THAT THE INTENT OF THE QUESTION IS IN RELATION TO THE PAY AND ALLOWANCES OF THE RANK OR GRADE WHICH THE PERSON HELD IN THE PERMANENT MARINE CORPS IMMEDIATELY PRIOR TO APPOINTMENT IN A HIGHER TEMPORARY COMMISSION OR WARRANT, AND INTERPRETING THE WORD "STATUS" AS REFERRING TO CHANGES WITH RESPECT TO QUARTERS OR A MONEY ALLOWANCE THEREFOR, SUBSISTENCE ALLOWANCE IF PAYABLE IN THE PERMANENT STATUS IN THAT PARTICULAR ASSIGNMENT, AND SEA DUTY OR FOREIGN DUTY, IT MAY BE ANSWERED IN THE AFFIRMATIVE. SEE IN THIS CONNECTION DECISION TO THE SECRETARY OF THE NAVY, B-24219, DATED MAY 7, 1942, 21 COMP. GEN. 991.