B-27931, SEPTEMBER 5, 1942, 22 COMP. GEN. 180

B-27931: Sep 5, 1942

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TO RECEIVE THE ADDITIONAL QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS WHEN THEY ARE PREVENTED BY ORDERS OF COMPETENT AUTHORITY FROM DWELLING WITH HIM DOES NOT EXTEND TO A CASE WHERE THE MAN IS STATIONED. UNDER ORDERS PROVIDING THAT HIS DEPENDENTS ARE NOT AUTHORIZED TO ACCOMPANY HIM. WAS ORDERED TO SPECIAL TEMPORARY DUTY AS NON-COMMISSIONED OFFICER IN CHARGE OF MARINE CORPS STUDENTS UNDER INSTRUCTION AT THE HERCULES MOTORS CORPORATION. UPON COMPLETION OF THIS SPECIAL TEMPORARY DUTY PLATOON SERGEANT JONES IS TO RETURN TO THIS POST AND RESUME HIS REGULAR DUTIES. THE FOREGOING ORDERS WERE MODIFIED BY MODIFICATION NO. 1 TO POST SPECIAL ORDER NO. 1235-1942. (203820) ARE NOT AUTHORIZED TO ACCOMPANY HIM.'.

B-27931, SEPTEMBER 5, 1942, 22 COMP. GEN. 180

QUARTERS ALLOWANCE FOR ENLISTED MEN'S DEPENDENTS - PAYMENT CONCURRENTLY WITH RECEIPT OF QUARTERS ALLOWANCE IN NON-TRAVEL STATUS THE RIGHT, UNDER SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, OF AN ENLISTED MAN OF THE FIRST THREE PAY GRADES, RECEIVING THE ALLOWANCE FOR QUARTERS AUTHORIZED FOR ENLISTED MEN IN A NON-TRAVEL STATUS, TO RECEIVE THE ADDITIONAL QUARTERS ALLOWANCE ON ACCOUNT OF DEPENDENTS WHEN THEY ARE PREVENTED BY ORDERS OF COMPETENT AUTHORITY FROM DWELLING WITH HIM DOES NOT EXTEND TO A CASE WHERE THE MAN IS STATIONED, UNDER ORDERS PROVIDING THAT HIS DEPENDENTS ARE NOT AUTHORIZED TO ACCOMPANY HIM, AT A PLACE OF TEMPORARY OR PERMANENT DUTY WITHIN THE UNITED STATES FROM WHICH, AT THE PRESENT TIME, MILITARY NECESSITY DOES NOT REQUIRE THE EXCLUSION OF CIVILIANS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. JAMES L. DENHAM, U.S. MARINE CORPS, SEPTEMBER 5, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 3, 1942, AS FOLLOWS:

THE ATTACHED VOUCHER COVERING CLAIM FOR QUARTERS ALLOWANCE ON ACCOUNT OF A LAWFUL WIFE FOR THE PERIOD FROM JUNE 23, 1942, TO JULY 31, 1942, INCLUSIVE, HAS BEEN SUBMITTED TO THIS OFFICE FOR PAYMENT BY PLATOON SERGEANT JOHN D. JONES, U.S. MARINE CORPS. AS INDICATED BY THE ATTACHED SPECIAL ORDER NO. 1235-1942, DATED JUNE 22, 1942, PLATOON SERGEANT JONES, WHILE PERMANENTLY ATTACHED TO THE POST, WAS ORDERED TO SPECIAL TEMPORARY DUTY AS NON-COMMISSIONED OFFICER IN CHARGE OF MARINE CORPS STUDENTS UNDER INSTRUCTION AT THE HERCULES MOTORS CORPORATION, CANTON, OHIO. UPON COMPLETION OF THIS SPECIAL TEMPORARY DUTY PLATOON SERGEANT JONES IS TO RETURN TO THIS POST AND RESUME HIS REGULAR DUTIES. PARAGRAPH 3 OF THESE ORDERS AUTHORIZED A QUARTERS AND SUBSISTENCE ALLOWANCE IN ACCORDANCE WITH TABLE 1, ARTICLE 14-103, MARINE CORPS MANUAL, TO BE PAID TO PLATOON SERGEANT JONES WHILE ON THIS SPECIAL TEMPORARY DUTY. THE FOREGOING ORDERS WERE MODIFIED BY MODIFICATION NO. 1 TO POST SPECIAL ORDER NO. 1235-1942, DATED JULY 18, 1942 (CERTIFIED COPY ENCLOSED), AND AS MODIFIED, DIRECTED THAT "THIS DUTY BEING TEMPORARY, THE DEPENDENTS OF PLATOON SERGEANT JOHN D. JONES, U.S.M.C., (203820) ARE NOT AUTHORIZED TO ACCOMPANY HIM.'

EXECUTIVE ORDER NO. 9206, DATED JULY 27, 1942, 7 F.R. 5851, ISSUED PURSUANT TO SECTION 10 OF THE ACT APPROVED JUNE 16, 1942, PUBLIC LAW 607, 77TH CONGRESS, PROVIDES INSOFAR AS HERE MATERIAL, THAT: " EACH ENLISTED MAN OF THE FIRST, SECOND OR THIRD GRADE IN THE ACTIVE MILITARY, NAVAL OR COAST GUARD SERVICE OF THE UNITED STATES WHO IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS UNDER THE PROVISIONS OF SECTION 10 OF THE SAID ACT OF JUNE 16, 1942, AND WHO HAS A DEPENDENT AS DEFINED IN SECTION 4 THEREOF, SHALL BE ENTITLED TO RECEIVE FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR SUCH DEPENDENT, THE MONEY ALLOWANCES FOR QUARTERS PRESCRIBED FOR ENLISTED MEN IN A NON-TRAVEL STATUS BY TABLE 1 ABOVE. ANY SUCH ENLISTED MAN SHALL CONTINUE TO BE ENTITLED TO THIS ALLOWANCE ALTHOUGH RECEIVING THE ALLOWANCE FOR QUARTERS IN A NON-TRAVEL STATUS PRESCRIBED BY TABLE 1 ABOVE, IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENT IS PREVENTED FROM DWELLING WITH HIM.' ( ITALICS SUPPLIED.)

IN VIEW OF THE FACTS AND LAW CITED, AND OF THE FURTHER FACT THAT THIS OFFICE IS NOW PAYING PLATOON SERGEANT JONES A QUARTERS ALLOWANCE IN HIS OWN RIGHT UNDER THE PROVISIONS OF TABLE 1 OF EXECUTIVE ORDER NO. 9206, IT IS REQUESTED THAT THE UNDERSIGNED BE ADVISED AS TO WHETHER HE IS AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER TRANSMITTED HEREWITH COVERING THE CLAIM OF PLATOON SERGEANT JONES FOR QUARTERS ALLOWANCE ON ACCOUNT OF A LAWFUL WIFE DURING THE PERIOD HE WAS IN RECEIPT OF A QUARTERS ALLOWANCE IN HIS OWN RIGHT.

SECTION 10 OF THE ACT OF JUNE 16, 1942, PUBLIC LAW NO. 607, 56 STAT. 363, PROVIDES, IN PART---

SEC. 10. 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 $5 PER DAY: PROVIDED, THAT PAYMENTS OF ALLOWANCES FOR QUARTERS AND SUBSISTENCE MAY BE MADE IN ADVANCE TO ENLISTED MEN UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE. 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.

EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE, IN THE ACTIVE MILITARY, NAVAL, OR COAST GUARD SERVICE OF THE UNITED STATES HAVING A DEPENDENT AS DEFINED IN SECTION 4 OF THIS ACT, SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONTHLY ALLOWANCE FOR QUARTERS AUTHORIZED BY LAW TO BE GRANTED TO EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND: PROVIDED, THAT SUCH ENLISTED MEN SHALL CONTINUE TO BE ENTITLED TO THIS ALLOWANCE ALTHOUGH RECEIVING THE ALLOWANCE PROVIDED IN THE FIRST PARAGRAPH OF THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENT IS PREVENTED FROM DWELLING WITH HIM. THE EXECUTIVE REGULATIONS ISSUED PURSUANT TO THE AUTHORITY GRANTED TO THE PRESIDENT BY THE SECOND PARAGRAPH OF THE ABOVE-QUOTED ACT ARE AS QUOTED IN YOUR LETTER.

BY SPECIAL ORDER NO. 1235-1942, DATED JUNE 22, 1942, HEADQUARTERS, MARINE BARRACKS, QUANTICO, VIRGINIA, THE ENLISTED MAN HERE INVOLVED WAS DIRECTED TO PROCEED TO CANTON, OHIO, FOR SPECIAL TEMPORARY DUTY. THE ORDERS ARE AS FOLLOWS:

REFERENCES(A) LTR THE COMDT., USMC, 202820, AN-356-VT, DATED

20 JUNE, 1942.

(B) LTR THE COMDT., USMC, 2235-40/70-1425, AV-JMH,

DATED 19 JUNE, 1942.

1. IN ACCORDANCE WITH INSTRUCTIONS CONTAINED IN REFERENCE (A), PLATOON SERGEANT JOHN D. JONES, USMC, WILL PROCEED, AS ROUTED BY THE POST QUARTERMASTER, VIA RAIL, TO CANTON, OHIO, LEAVING THIS POST AT OR ABOUT 9:43 P.M., 23 JUNE, 1942, WHERE UPON HIS ARRIVAL HE WILL REPORT TO MR. C. P. WEEKES, VICE-PRESIDENT, HERCULES MOTORS CORPORATION, THAT CITY, FOR SPECIAL TEMPORARY DUTY AS NONCOMMISSIONED OFFICER IN CHARGE OF MARINE CORPS STUDENTS UNDER INSTRUCTION AT THE HERCULES MOTORS CORPORATION.

2. UPON COMPLETION OF THIS SPECIAL TEMPORARY DUTY, PLATOON SERGEANT JONES WILL RETURN TO THIS POST AND RESUME REGULAR DUTIES.

3. WHILE EMPLOYED ON THIS TEMPORARY DUTY, PLATOON SERGEANT JONES WILL BE PAID ALLOWANCES FOR QUARTERS AND SUBSISTENCE IN ACCORDANCE WITH TABLE 1, ARTICLE 14-103, MARINE CORPS MANUAL.

4. THE POST QUARTERMASTER WILL FURNISH THE NECESSARY TRANSPORTATION AND SUBSISTENCE FOR THE TRAVEL INVOLVED.

5. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

MODIFICATION NO. 1 TO THESE ORDERS DATED JULY 18, 1942, IS AS FOLLOWS:

REFERENCES: (A) LTR THE COMDT., USMC, 203820, AN-322-ED,

DATED 16 JULY, 1942.

(B) POST SPECIAL ORDER NO. 1235-1943, DATED

22 JUNE, 1942.

1. IN ACCORDANCE WITH INSTRUCTIONS CONTAINED IN REFERENCE (A), REFERENCE (B) IS MODIFIED TO THE EXTENT THAT THE FOLLOWING PARAGRAPH WILL BE ADDED THERETO.

"THIS DUTY BEING TEMPORARY, THE DEPENDENTS OF PLATOON SERGEANT JOHN D. JONES, USMC (203820), ARE NOT AUTHORIZED TO ACCOMPANY HIM.'

IT IS STATED THAT THE ENLISTED MAN IS NOW BEING PAID THE ALLOWANCE FOR QUARTERS AUTHORIZED FOR AN ENLISTED MAN IN A NON-TRAVEL STATUS NOT FURNISHED QUARTERS IN KIND, AND IT IS CERTIFIED THAT PUBLIC QUARTERS WERE NOT PROVIDED OR AVAILABLE FOR HIS DEPENDENT. THE VOUCHER COVERS AN ADDITIONAL ALLOWANCE FOR QUARTERS DURING THE PERIOD JUNE 23, 1942, TO JULY 31, 1942, ON THE THEORY THAT THE ENLISTED MAN'S DEPENDENT WAS PREVENTED FROM DWELLING WITH HIM BECAUSE OR ORDERS OF COMPETENT AUTHORITY.

PLATOON SERGEANT JONES HAVING BEEN ORDERED TO A TEMPORARY DUTY AT CANTON, OHIO, WAS NOT ENTITLED TO HAVE HIS DEPENDENTS TRANSPORTED AT THE EXPENSE OF THE UNITED STATES. CANTON, OHIO, IS A CITY NOT WITHIN THE WAR ZONE, PEOPLE COME AND GO WITHOUT QUESTION AND NO NECESSITY OF THE WAR REQUIRES THAT DEPENDENTS OF MILITARY PERSONNEL BE EXCLUDED FROM THAT AREA. IT IS NOT KNOWN BY WHAT AUTHORITY ANY OFFICER OF THE MARINE CORPS CAN DIRECT THE PLACE OF RESIDENCE WITHIN THE UNITED STATES OF DEPENDENTS OF ENLISTED MEN OF THE MARINE CORPS. THEIR DEPENDENTS HAVE THE SAME RIGHT AS OTHER CITIZENS TO GO TO ANY PLACE WHERE CITIZENS GENERALLY ARE PERMITTED TO GO. NO AUTHORITY IS COMPETENT TO RESTRICT THIS RIGHT. APPARENTLY THE PURPOSE OF THE MODIFICATION OF THE ORDERS WAS TO SECURE TO THE ENLISTED MAN AN EXTRA ALLOWANCE FOR QUARTERS. THE PROVISION IN THE ACT RELIED ON WAS NEVER INTENDED TO RESTRICT THE RESIDENCE OF DEPENDENTS WITHIN THE UNITED STATES AND NOT WITHIN THE WAR ZONE. IT REASONABLY APPLIES ONLY TO CASES WHERE AN ENLISTED MAN IS SENT ON DUTY AT A PLACE WHERE MILITARY NECESSITY MAKES NECESSARY THE EXCLUSION OF DEPENDENTS. IT HAS NO APPLICATION TO DUTY WITHIN THE UNITED STATES AT THE PRESENT TIME, WHETHER IT BE TEMPORARY OR PERMANENT DUTY.

YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.

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