B-30898, JULY 1, 1943, 23 COMP. GEN. 1

B-30898: Jul 1, 1943

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OF THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 FOR ENLISTED MEN OF THE FIRST THREE GRADES AND THE FAMILY ALLOWANCE AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR DEPENDENTS OF ENLISTED MEN BELOW THE THIRD PAY GRADE IS AUTHORIZED DURING THE PERIOD BETWEEN ACTUAL CHANGE OF STATUS AND THE DATE FIXED BY THE STATUTE FOR TERMINATING THE FAMILY ALLOWANCE. THAT IS. REQUESTING A DECISION WHETHER SUCH ALLOWANCE IS PAYABLE PENDING THE DISCONTINUANCE OF HIS " CLASS F DEDUCTION" ON OCTOBER 31. THE " CLASS "F" DEDUCTION" REFERRED TO IS THE DEDUCTION MADE FROM AN ENLISTED MAN'S PAY AS HIS CONTRIBUTION TO THE FAMILY ALLOWANCE PROVIDED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942.

B-30898, JULY 1, 1943, 23 COMP. GEN. 1

QUARTERS ALLOWANCE - PAYMENT CONCURRENTLY WITH FAMILY ALLOWANCE PAYMENTS, UPON PROMOTION ABOVE FOURTH PAY GRADE IN THE CASE OF AN ENLISTED MAN, WITH DEPENDENTS, PROMOTED FROM THE FOURTH PAY GRADE TO THE THIRD, PAYMENT, CONCURRENTLY, OF THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 FOR ENLISTED MEN OF THE FIRST THREE GRADES AND THE FAMILY ALLOWANCE AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942 FOR DEPENDENTS OF ENLISTED MEN BELOW THE THIRD PAY GRADE IS AUTHORIZED DURING THE PERIOD BETWEEN ACTUAL CHANGE OF STATUS AND THE DATE FIXED BY THE STATUTE FOR TERMINATING THE FAMILY ALLOWANCE, THAT IS, THE DATE THE DISBURSING OFFICER PAYING IT RECEIVES NOTICE OF THE CHANGE IN STATUS, OR A DATE PRESCRIBED BY JOINT REGULATIONS OF THE SECRETARY OF WAR AND THE SECRETARY OF THE NAVY.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. A. H. MITCHELL, U.S. ARMY, JULY 1, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 30, 1942, TRANSMITTING A VOUCHER STATED IN FAVOR OF STAFF SERGEANT SIDNEY M. LANDRUM, 67TH SCHOOL SQUADRON, AIR CORPS, IN THE AMOUNT $25 FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR HIS DEPENDENT (WIFE) FOR THE PERIOD OCTOBER 12 TO 31, 1942, AND REQUESTING A DECISION WHETHER SUCH ALLOWANCE IS PAYABLE PENDING THE DISCONTINUANCE OF HIS " CLASS F DEDUCTION" ON OCTOBER 31, 1942. THE " CLASS "F" DEDUCTION" REFERRED TO IS THE DEDUCTION MADE FROM AN ENLISTED MAN'S PAY AS HIS CONTRIBUTION TO THE FAMILY ALLOWANCE PROVIDED BY THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381. ( SECTION 11E, WAR DEPARTMENT CIRCULAR 225, DATED JULY 11, 1942.)

THE ACT OF OCTOBER 17, 1940, 54 STAT. 1205, REFERRED TO BY STAFF SERGEANT LANDRUM AS AUTHORITY FOR HIS CLAIM, PROVIDES FOR THE PAYMENT OF A MONEY ALLOWANCE FOR QUARTERS TO ENLISTED MEN OF THE FIRST THREE GRADES UNDER CERTAIN CONDITIONS AND SIMILAR PROVISION IS MADE IN SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, WHICH PROVIDES:

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.

FROM THE RECORD IT APPEARS THAT SERGEANT LANDRUM WAS APPOINTED A STAFF SERGEANT (WHICH IS INCLUDED IN THE FIRST THREE GRADES OF ENLISTED MEN) BY SPECIAL ORDERS NO. 273, HEADQUARTERS GOODFELLOW FIELD, DATED OCTOBER 5, 1942, AND BY SPECIAL ORDERS NO. 282, HEADQUARTERS GOODFELLOW FIELD, DATED OCTOBER 14, 1942, HE WAS GRANTED A MONETARY ALLOWANCE FOR QUARTERS AS AN ENLISTED MAN WITH DEPENDENTS (WIFE), EFFECTIVE OCTOBER 12, 1942, IT BEING STATED THAT THERE WERE NO GOVERNMENT QUARTERS AVAILABLE FOR OCCUPANCY.

SECTIONS 101 AND 107 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381 AND 383, PROVIDE AS FOLLOWS:

SEC. 101. THE DEPENDENT OR DEPENDENTS OF ANY ENLISTED MAN OF THE FOURTH, FIFTH, SIXTH, OR SEVENTH GRADES IN THE ARMY OF THE UNITED STATES, THE UNITED STATES NAVY, THE MARINE CORPS, OR THE COAST GUARD, INCLUDING ANY AND ALL RETIRED AND RESERVE COMPONENTS OF SUCH SERVICES, SHALL BE ENTITLED TO RECEIVE A MONTHLY FAMILY ALLOWANCE FOR ANY PERIOD DURING WHICH SUCH ENLISTED MAN IS IN THE ACTIVE MILITARY OR NAVAL SERVICE OF THE UNITED STATES ON OR AFTER JUNE 1, 1942, DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND THE SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF ANY SUCH WAR.

SEC. 107. ANY MONTHLY FAMILY ALLOWANCE PROVIDED FOR BY THIS TITLE SHALL BE PAID FOR THE PERIOD BEGINNING WITH THE DAY ON WHICH APPLICATION THEREFOR IS FILED OR THE DAY ON WHICH THE DEPENDENT OR DEPENDENTS FIRST BECOME ENTITLED THERETO UNDER SECTION 101, WHICHEVER IS LATER, AND ENDING WITH THE DAY ON WHICH THE DISBURSING OFFICER PAYING THE ALLOWANCE RECEIVES NOTICE OF A CHANGE IN STATUS OF THE ENLISTED MAN CONCERNED WHICH TERMINATED THE RIGHT OF HIS DEPENDENT OR DEPENDENTS TO RECEIVE SUCH ALLOWANCE OR NOTICE OF THE DISCHARGE FROM OR DEATH IN THE SERVICE OF SUCH ENLISTED MAN: PROVIDED, THAT IN THE CASE OF ANY DEPENDENT OF AN ENLISTED MAN IN ACTIVE SERVICE ON THE DATE OF ENACTMENT OF THIS ACT, IF APPLICATION IS FILED FOR A MONTHLY FAMILY ALLOWANCE WITHIN SIX MONTHS AFTER SUCH DATE OF ENACTMENT OR WITHIN SUCH LONGER PERIOD AS MAY BE PRESCRIBED IN SPECIAL CASES BY THE SECRETARY OF THE DEPARTMENT CONCERNED, THE PERIOD FOR WHICH SUCH FAMILY ALLOWANCE SHALL BE PAID SHALL BEGIN WITH THE DATE ON WHICH SUCH DEPENDENT FIRST BECOMES ENTITLED THERETO UNDER SECTION 101: PROVIDED FURTHER, THAT THE SECRETARY OF WAR AND THE SECRETARY OF THE NAVY MAY, BY REGULATIONS PRESCRIBED BY THEM JOINTLY, FIX THE DATES OF COMMENCEMENT AND TERMINATION OF ANY SUCH FAMILY ALLOWANCE ON ANY DATES NOT MORE THAN ONE MONTH BEFORE OR ONE MONTH AFTER THE DATES ABOVE PRESCRIBED. SUCH REGULATIONS SHALL IN NO EVENT PROVIDE FOR THE PAYMENT OF SUCH ALLOWANCES FOR ANY PERIOD PRIOR TO JUNE 1, 1942, OR FOR ANY PERIOD WHEN THE UNITED STATES IS NOT ENGAGED IN A WAR DECLARED BY CONGRESS AND WHICH IS MORE THAN SIX MONTHS LATER THAN THE DATE OF TERMINATION OF ANY SUCH WAR. * * *

IT WILL BE NOTED THAT SECTION 101 OF THE ACT RESTRICTS PAYMENT OF THE MONTHLY FAMILY ALLOWANCE TO THE DEPENDENTS OF ENLISTED MEN BELOW THE THIRD GRADE. HOWEVER, SECTION 107 PROVIDES, INTER ALIA, THAT SUCH ALLOWANCE SHALL BE PAID FOR THE PERIOD ENDING ON THE DAY THAT THE DISBURSING OFFICER PAYING IT "RECEIVES NOTICE OF A CHANGE IN STATUS OF THE ENLISTED MAN CONCERNED" WHICH TERMINATED THE RIGHT OF HIS DEPENDENT TO RECEIVE THE ALLOWANCE. AS RECEIPT OF NOTICE BY THE DISBURSING OFFICER NORMALLY WOULD BE SOMETIME LATER THAN THE ACTUAL CHANGE IN STATUS, THAT PROVISION NECESSARILY CONTEMPLATES THAT PAYMENT TO AN ENLISTED MAN'S DEPENDENTS OF SUCH FAMILY ALLOWANCE WOULD CONTINUE FOR A SHORT PERIOD AFTER THE ENLISTED MAN HAD BEGUN RECEIVING THE PAY AND ALLOWANCES OF HIS CHANGED STATUS, INCLUDING, IN CASES SUCH AS THIS ONE, THE MONEY ALLOWANCE FOR QUARTERS UNDER THE PROVISIONS OF SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA. NO PROHIBITION IS CONTAINED IN EITHER OF THE SAID ACTS AGAINST SUCH CONCURRENT PAYMENTS AND IT DOES NOT APPEAR THAT THE PRESIDENT HAS ISSUED ANY REGULATIONS WITH RESPECT THERETO UNDER THE AUTHORITY GRANTED TO HIM IN THE SAID SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942. NOR DOES IT APPEAR THAT THE TWO ALLOWANCES ARE SO SIMILAR THAT THEY ARE TO BE REGARDED AS NECESSARILY INTENDED TO BE MUTUALLY EXCLUSIVE DURING THE OVERLAPPING PERIOD BETWEEN THE CHANGE IN THE ENLISTED MAN'S STATUS AND THE DATE THE DISBURSING OFFICER PAYING THE FAMILY ALLOWANCE RECEIVES NOTICE OF SUCH CHANGE, THE FAMILY ALLOWANCE BEING PAID DIRECTLY TO THE DEPENDENTS FOR THEIR GENERAL SUPPORT, WHEREAS THE QUARTERS ALLOWANCE IS NOT PAID TO THE DEPENDENTS BUT IS PAID TO THE ENLISTED MAN HIMSELF IN LIEU OF PROVIDING HIM WITH QUARTERS WHICH HIS DEPENDENTS MIGHT OCCUPY. WHILE THE FAMILY ALLOWANCE IS NOT GENERALLY PAYABLE TO DEPENDENTS OF ENLISTED MEN OF THE FIRST THREE GRADES, PRIMARILY BECAUSE OF THEIR HIGHER PAY AND ALLOWANCES, THAT DOES NOT CHANGE THE CLEAR PROVISIONS OF THE STATUTE WITH RESPECT TO THE TIME THE FAMILY ALLOWANCE IS TO BE DISCONTINUED UPON A CHANGE IN THE STATUS OF THE ENLISTED MAN, NOR DO SUCH LATTER PROVISIONS, MAKING FOR FAIRNESS AND THE ELIMINATION OF ADMINISTRATIVE DIFFICULTIES IN THE MATTER OF DISCONTINUING FAMILY ALLOWANCE PAYMENTS, HAVE THE EFFECT OF DEPRIVING THE ENLISTED MAN OF A PART OF THE LEGAL PAY AND ALLOWANCES OF HIS GRADE OVER THE ADJUSTMENT PERIOD SO PROVIDED. ACCORDINGLY, THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND YOU ARE ADVISED THAT PAYMENT THEREON IS AUTHORIZED, IF OTHERWISE CORRECT.

IT APPEARS FROM PARAGRAPH 74G OF THE WAR DEPARTMENT PUBLICATION " PERSONAL AFFAIRS OF MILITARY PERSONNEL AND THEIR DEPENDENTS," ISSUED OCTOBER 20, 1942, THAT IT MAY BE THE PRACTICE OF THE WAR DEPARTMENT TO CONTINUE PAYMENTS OF THE FAMILY ALLOWANCE TO INCLUDE THE LAST DAY OF THE MONTH DURING WHICH, RATHER THAN THE DAY ON WHICH, THE DISBURSING OFFICER PAYING SUCH ALLOWANCE RECEIVES NOTICE OF THE CHANGE IN STATUS, ETC., WHICH TERMINATED THE RIGHT OF THE ENLISTED MAN'S DEPENDENTS TO RECEIVE IT AND IT SHOULD BE UNDERSTOOD THAT NOTHING SAID HEREIN HAS REFERENCE TO THE PROPRIETY OF THAT PRACTICE IN THE ABSENCE OF JOINT REGULATIONS ISSUED BY THE SECRETARY OF WAR AND THE SECRETARY OF OF THE NAVY PURSUANT TO THE LAST PROVISO OF SECTION 107 OF THE ACT, QUOTED ABOVE, CHANGING THE PRESCRIBED TERMINATION DATE OF THE SAID FAMILY ALLOWANCE IN SUCH CASES.