B-25844, JUNE 15, 1942, 21 COMP. GEN. 1114

B-25844: Jun 15, 1942

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FOR QUARTERS FOR DEPENDENTS INVOLVING PERIODS IN BOTH A PRIOR AND CURRENT ENLISTMENT BETWEEN WHICH THERE WAS NO BREAK IN SERVICE WILL BE TRANSMITTED TO THE PARTICULAR DEPARTMENT CONCERNED FOR DETERMINATION. TO THE EXTENT APPROPRIATIONS ARE AVAILABLE THEREFOR. 1942: THERE IS FOR CONSIDERATION THE CLAIM OF FIRST SGT. WAS DISCHARGED SEPTEMBER 12. AT THE TIME THE CLAIM WAS PRESENTED. WAS SERVING AS AN ENLISTED MAN IN THE U.S. FROM WHICH IT WILL BE SEEN THAT THE ENLISTED MAN'S CLAIM INVOLVES A PERIOD IN BOTH HIS PRESENT ENLISTMENT AND IN A PRIOR ENLISTMENT. THE RULE FOLLOWED IN THIS OFFICE BOTH AS TO THE MILITARY AND THE NAVAL SERVICES IS THAT DISBURSING OFFICERS SHALL PAY ITEMS OF PAY AND ALLOWANCES TO ENLISTED MEN IN THEIR CURRENT ENLISTMENTS ONLY.

B-25844, JUNE 15, 1942, 21 COMP. GEN. 1114

QUARTERS ALLOWANCE - DEPENDENTS - CLAIMS AND PAYMENT PROCEDURE CLAIMS RECEIVED IN THE GENERAL ACCOUNTING OFFICE FROM ENLISTED MEN NOW IN THE SERVICE FOR MONEY ALLOWANCE AUTHORIZED BY THE ACT OF OCTOBER 17, 1940, FOR QUARTERS FOR DEPENDENTS INVOLVING PERIODS IN BOTH A PRIOR AND CURRENT ENLISTMENT BETWEEN WHICH THERE WAS NO BREAK IN SERVICE WILL BE TRANSMITTED TO THE PARTICULAR DEPARTMENT CONCERNED FOR DETERMINATION, UNDER THE AUTHORITY CONFERRED BY SECTION 10 OF THE ACT OF MARCH 7, 1942, OF THE FACT OF DEPENDENCY, AND IF THE CLAIMANT BE FOUND TO BE ENTITLED TO THE BENEFITS OF THE ACT, PAYMENT MAY BE MADE, TO THE EXTENT APPROPRIATIONS ARE AVAILABLE THEREFOR, BY THE PROPER DISBURSING OFFICER FOR THE ENTIRE PERIOD OF THE CLAIM.

DECISION BY ASSISTANT COMPTROLLER GENERAL ELLIOTT, JUNE 15, 1942:

THERE IS FOR CONSIDERATION THE CLAIM OF FIRST SGT. JAMES D. FLEEMAN, U.S. MARINE CORPS, FOR MONEY ALLOWANCE FOR QUARTERS FOR A DEPENDENT MOTHER, AUTHORIZED FOR ENLISTED MEN OF THE FIRST THREE GRADES OF THE ARMY BY THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, MADE APPLICABLE TO ENLISTED MEN OF CORRESPONDING GRADES OF THE MARINE CORPS, NAVY, AND COAST GUARD, RESPECTIVELY, BY SECTION 1612 OF THE REVISED STATUTES, THE LAST SENTENCE OF SECTION 12A OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 895, AND SECTION 8 OF THE ACT OF MAY 18, 1920, 41 STAT. 603.

FLEEMAN'S APPLICATION INDICATES THAT HE ENLISTED IN THE MARINE CORPS, SEPTEMBER 13, 1937, WAS DISCHARGED SEPTEMBER 12, 1941, REENLISTED SEPTEMBER 13, 1941, AND AT THE TIME THE CLAIM WAS PRESENTED, WAS SERVING AS AN ENLISTED MAN IN THE U.S. MARINE CORPS. HIS CLAIM FOR THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS COVERS THE PERIOD FROM JANUARY 1 TO DECEMBER 31, 1941, FROM WHICH IT WILL BE SEEN THAT THE ENLISTED MAN'S CLAIM INVOLVES A PERIOD IN BOTH HIS PRESENT ENLISTMENT AND IN A PRIOR ENLISTMENT. THE RULE FOLLOWED IN THIS OFFICE BOTH AS TO THE MILITARY AND THE NAVAL SERVICES IS THAT DISBURSING OFFICERS SHALL PAY ITEMS OF PAY AND ALLOWANCES TO ENLISTED MEN IN THEIR CURRENT ENLISTMENTS ONLY; THAT RULE HAS BEEN STRICTLY FOLLOWED TO PREVENT DUPLICATION OF PAYMENTS AND TO PROVIDE ONE SOURCE ONLY FOR PAYMENTS OF AMOUNTS WHICH MAY HAVE ACCRUED IN A PRIOR ENLISTMENT.

SECTION 10 OF THE ACT OF MARCH 7, 1942, PUBLIC, NO. 490, 56 STAT. 145, PROVIDES:

THE DETERMINATION OF THE FACT OF DEPENDENCY UNDER THE PROVISIONS OF THIS ACT, AND THE DETERMINATION OF THE FACT OF DEPENDENCY UNDER THE PROVISIONS OF ANY AND ALL OTHER LAWS PROVIDING FOR THE PAYMENT OF PAY, ALLOWANCES, OR OTHER EMOLUMENTS TO ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD OF THE UNITED STATES WHERE SUCH PAYMENTS ARE CONTINGENT UPON DEPENDENCY, SHALL BE MADE BY THE HEAD OF THE DEPARTMENT CONCERNED, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE, AND SUCH DETERMINATION SO MADE SHALL BE FINAL AND CONCLUSIVE: PROVIDED, THAT THE ACT OF JUNE 4, 1920 (41 STAT. 824), AS AMENDED ( U.S.C., TITLE 34, SEC. 943), IS HEREBY AMENDED BY DELETING THE WORD "ACTUALLY" IN THE FIRST PROVISO.

UNDER SECTION 15 OF THE ACT OF MARCH 7, 1942, 56 STAT. 147, SECTION 10, INSOFAR AS THE MONEY ALLOWANCE FOR DEPENDENTS OF ENLISTED MEN IS CONCERNED, IS RETROACTIVE TO OCTOBER 17, 1940, AND IS EFFECTIVE UNTIL 12 MONTHS AFTER THE TERMINATION OF THE PRESENT WAR. PERSONS IN THE MILITARY AND NAVAL SERVICES WHO HAVE BEEN DISCHARGED SUBSEQUENT TO OCTOBER 17, 1940, AND HAVE IMMEDIATELY REENLISTED OR EXTENDED THEIR ENLISTMENTS ARE, OF COURSE, ENLISTED MEN WITHIN THE CONTEMPLATION OF SECTION 10 OF THE ACT OF MARCH 7, 1942. HAD THE SERVICE FOR WHICH CLAIM FOR THE ALLOWANCE IS MADE BEEN A SINGLE ENLISTMENT, THE HEADS OF THE RESPECTIVE DEPARTMENTS WOULD HAVE AUTHORITY TO DETERMINE THE FACT OF DEPENDENCY FOR THE ENTIRE PERIOD OF THE CLAIM. THEREFORE, IN VIEW OF THE EMERGENCY NATURE AND THE RETROACTIVE FEATURES OF THE ACT OF MARCH 7, 1942, AS TO THIS PARTICULAR CHARACTER OF PAYMENTS, WHERE THE MAN HAS EXTENDED HIS ENLISTMENT OR HAS IMMEDIATELY REENLISTED AS AN ENLISTED MAN AND HAS SERVED WITHOUT A BREAK IN SERVICE, THE MERE ACCIDENT OF DISCHARGE AT EXPIRATION OF ONE ENLISTMENT AND THE IMMEDIATE REENLISTMENT OR EXTENSION PRESENTS A CONSIDERATION FOR THE RELAXATION OF THE RULE AGAINST PAYMENTS BY DISBURSING OFFICERS FOR AMOUNTS ACCRUING IN THE PRIOR ENLISTMENT INSOFAR AS PAYMENTS UNDER THE ACT OF OCTOBER 17, 1940, ARE CONCERNED IF THE INTERESTS OF THE GOVERNMENT ARE ADEQUATELY PROTECTED. SUCH PROCEDURE APPEARS TO BE ESPECIALLY APPROPRIATE AS TO THESE DEPENDENCY PAYMENTS INASMUCH AS IT WOULD CREATE AN UNDESIRABLE SITUATION WERE THE FACT OF DEPENDENCY FOR A PERIOD BEFORE DISCHARGE DETERMINED BY ONE AGENCY OF THE GOVERNMENT, AND THE IDENTICAL QUESTION AFTER DISCHARGE AND IMMEDIATE REENLISTMENT DETERMINED BY A DIFFERENT AGENCY. IN THESE CIRCUMSTANCES, TO THE EXTENT APPROPRIATIONS ARE AVAILABLE THEREFOR, AND AS THE DEPARTMENT CONCERNED HAS FINAL AND CONCLUSIVE JURISDICTION OF CLAIMS OF THIS NATURE IN THE CURRENT ENLISTMENT, AND HAD THE SERVICE BEEN UNDER A SINGLE ENLISTMENT, WOULD UNQUESTIONABLY HAVE HAD JURISDICTION OF THE ENTIRE CLAIM, THE APPLICATION OF FIRST SGT. JAMES D. FLEEMAN AND OTHER CLAIMS OF A LIKE NATURE WILL BE TRANSMITTED TO THE RESPECTIVE DEPARTMENT FOR DETERMINATION BY THE HEAD THEREOF, OR BY SUCH SUBORDINATE AS HE MAY DESIGNATE, OF THE FACT OF DEPENDENCY AND IF THE CLAIMANT IS FOUND TO BE ENTITLED TO THE BENEFITS OF THE ACT OF OCTOBER 17, 1940, PAYMENT MAY BE MADE BY THE PROPER DISBURSING OFFICER FOR THE ENTIRE PERIOD OF THE CLAIM AND SUCH CLAIMS IF AND WHEN RECEIVED IN THIS OFFICE WILL NOT BE ACTED ON HERE BUT SENT TO THE DEPARTMENT CONCERNED. IT SHOULD BE EMPHASIZED, OF COURSE, THAT THIS PROCEDURE ONLY CONTEMPLATES PERSONS WHO HAVE IMMEDIATELY REENLISTED OR EXTENDED THEIR ENLISTMENTS AND WHO ARE NOW IN THE SERVICES AS ENLISTED MEN AND DOES NOT INCLUDE PERSONS WHO WERE AT ONE TIME ENLISTED MEN BUT ARE NOW OUT OF THE SERVICE, NOR PERSONS WHO WERE DISCHARGED AND LATER REENLISTED WITH A BREAK IN SERVICE.