B-52264, JUNE 13, 1946, 25 COMP. GEN. 863

B-52264: Jun 13, 1946

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WAS FURNISHED ACCOMMODATIONS ABOARD A GOVERNMENT VESSEL INCIDENT TO TRANSPORTATION TO HIS NEW STATION IS ENTITLED UNDER SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942. IS ENTITLED TO PAYMENT OF RENTAL ALLOWANCE AS FOR AN OFFICER WITHOUT DEPENDENTS DURING THE PERIOD JUNE 10 TO JULY 1. WHICH WERE APPROVED BY THE BUREAU OF NAVAL PERSONNEL ON 5 JUL 1944. SUBJECT NAMED OFFICER WAS DETACHED FROM THE STAFF OF COMMANDER APC FLOTILLA 5. FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED HIM. HE WAS DETACHED FROM TEMPORARY DUTY PREVIOUSLY ASSIGNED AND DIRECTED TO REPORT TO MARINE CORPS BASE. ABT WAS DETACHED FROM APC FLOTILLA 5 ON 9 JUNE. TRANSPORTATION WAS COMPLETED ON 6 JUL 1944 AND HE WAS DETACHED THEREFROM AND REPORTED TO THE COMMANDANT.

B-52264, JUNE 13, 1946, 25 COMP. GEN. 863

RENTAL ALLOWANCE - OFFICERS WITHOUT DEPENDENTS FURNISHED TRANSPORTATION ABOARD GOVERNMENT VESSELS TO NEW DUTY STATION AN OFFICER OF THE NAVY, WITHOUT DEPENDENTS, WHO, UPON BEING DETACHED FROM SEA DUTY AND ORDERED TO DUTY ASHORE, WAS FURNISHED ACCOMMODATIONS ABOARD A GOVERNMENT VESSEL INCIDENT TO TRANSPORTATION TO HIS NEW STATION IS ENTITLED UNDER SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO RENTAL ALLOWANCE DURING THE INTERIM BETWEEN DETACHMENT FROM SEA DUTY AND REPORTING TO HIS NEW STATION, INCLUDING TRAVEL TIME ABOARD THE VESSEL.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, JUNE 13, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 4, 1945 (FILE JAG:II:WJG:Z/L16-7), WITH ENCLOSURES, REQUESTING DECISION AS TO WHETHER LIEUTENANT ABT, USNR, IS ENTITLED TO PAYMENT OF RENTAL ALLOWANCE AS FOR AN OFFICER WITHOUT DEPENDENTS DURING THE PERIOD JUNE 10 TO JULY 1, 1944, WHILE TRAVELING ABOARD A GOVERNMENT VESSEL UNDER THE CIRCUMSTANCES SET FORTH IN A MEMORANDUM FROM THE CHIEF OF BUREAU OF SUPPLIES AND ACCOUNTS AS FOLLOWS:

1. PURSUANT TO DIRECTIVE CONTAINED IN ORDERS OF COMMANDER APC FLOTILLA 5 DATED 9 JUN 1944, WHICH WERE APPROVED BY THE BUREAU OF NAVAL PERSONNEL ON 5 JUL 1944, SUBJECT NAMED OFFICER WAS DETACHED FROM THE STAFF OF COMMANDER APC FLOTILLA 5, AND FROM SUCH OTHER DUTIES AS MAY HAVE BEEN ASSIGNED HIM, AND DIRECTED TO PROCEED AND REPORT TO COMMANDANT, TWELFTH NAVAL DISTRICT, FOR TEMPORARY DUTY PENDING FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL. IN ACCORDANCE WITH BUREAU OF NAVAL PERSONNEL DISPATCH ORDERS 121514 OF JULY 1944, HE WAS DETACHED FROM TEMPORARY DUTY PREVIOUSLY ASSIGNED AND DIRECTED TO REPORT TO MARINE CORPS BASE, SAN DIEGO, CALIF., FOR DUTY. LIEUT. ABT WAS DETACHED FROM APC FLOTILLA 5 ON 9 JUNE, AND REPORTED ON BOARD THE USS MARCUS ISLAND ( CVE 77) ON THE SAME DATE FOR TRANSPORTATION TO THE CONTINENTAL UNITED STATES; TRANSPORTATION WAS COMPLETED ON 6 JUL 1944 AND HE WAS DETACHED THEREFROM AND REPORTED TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, FOR TEMPORARY DUTY ON 6 JUL 1944.

THE CIRCUMSTANCES WHICH PROMPTED THE SUBMISSION OF THE PRESENT CASE TO THIS OFFICE FOR DECISION, AS WELL AS THE NAVY DEPARTMENT'S VIEW OF THE MATTER, ARE CONTAINED IN THE SAID MEMORANDUM FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS:

2. UNDER THE INSTRUCTIONS IN REF (F), ( ARTICLE 2142-4 (B) (3) (A), S. AND A. MANUAL) WHICH BEAR THE APPROVAL OF THE SECRETARY OF THE NAVY AND WHICH, TO THE KNOWLEDGE OF THE BUREAU OF SUPPLIES AND ACCOUNTS, HAVE NOT BEEN QUESTIONED BY THE GENERAL ACCOUNTING OFFICE OR THE COMPTROLLER GENERAL, LIEUT. ABT IS ENTITLED TO RENTAL ALLOWANCE AS AN OFFICER WITHOUT DEPENDENTS FROM 10 JUN 1944, DATE FOLLOWING DATE OF DETACHMENT FROM LAST PERMANENT DUTY STATION. HOWEVER, THE PAYMASTER, MARINE CORPS BASE, SAN DIEGO, CALIF., HAS REFUSED TO MAKE CREDIT OF RENTAL ALLOWANCE FROM 10 JUN TO 1 JUL 1944 WHILE THIS OFFICER WAS ABOARD THE USS MARCUS ISLAND FOR TRANSPORTATION, ON THE BASIS OF THE FOLLOWING INSTRUCTIONS WHICH WERE PROMULGATED IN REF (D) ( PAYMASTER'S DEPARTMENT, MARINE CORPS BULLETIN 9 (1944), DATED 11 DEC. 1944.)

"OFFICERS WITHOUT DEPENDENTS IN A TRAVEL STATUS ABOARD VESSELS OF THE NAVY ARE NOT ENTITLED TO RENTAL ALLOWANCE. THE FOREGOING DOES NOT PRECLUDE THE PAYMENT OF RENTAL ALLOWANCE TO OFFICERS WITHOUT DEPENDENTS COMING UNDER THE PROVISIONS OF ART. 24-28 (2) (A), MARINE CORPS MANUAL.'

THE INSTRUCTIONS IN ART. 24-28 (2) (A), MARINE CORPS MANUAL, DO NOT APPEAR TO BE GERMANE TO THE CASE OF AN OFFICER OF THE NAVY OR MARINE CORPS WITHOUT DEPENDENTS, WHO IS IN A TRAVEL STATUS, AS DEFINED IN REF (C) ABOARD A VESSEL OF THE NAVY WHILE ENROUTE FROM ONE PERMANENT DUTY STATION TO ANOTHER. IT APPEARS THAT THE INSTRUCTIONS IN ART. 24-28 (2) (C), MARINE CORPS MANUAL, WHICH ARE THE SAME IN SUBSTANCE AS THE INSTRUCTIONS IN ART. 2142-4 (B) (3) (A), S AND A MANUAL, ARE APPLICABLE, AND AUTHORIZE PAYMENT OF THE RENTAL ALLOWANCE NOW CLAIMED BY LIEUT. ABT. SUCH INSTRUCTIONS AUTHORIZE CREDIT OF RENTAL ALLOWANCE IN THE CASE OF AN OFFICER WITHOUT DEPENDENTS IN THE INTERIM FOLLOWING DETACHMENT FROM PERMANENT DUTY STATION AND PRECEDING DATE OF REPORTING AT A NEW PERMANENT DUTY STATION (INCLUDING TIME ON AUTHORIZED LEAVE, PROCEED TIME, TIME AWAITING TRANSPORTATION, AND TRAVEL TIME).

3. THE COMPTROLLER GENERAL, IN REF (B) (A.D. 7571, MAY 28, 1923), STATED THAT AN OFFICER ORDERED TO A GOVERNMENT VESSEL FOR THE PURPOSE OF TRAVELING IN CHANGING STATIONS, AND NOT SERVING THEREON AS A PART OF THE COMPLEMENT OF THE VESSEL, NOR ASSIGNED TO, NOR IN THE PERFORMANCE OF DUTY THEREON, IS NOT IN THE PERFORMANCE OF SEA DUTY BUT IN A TRAVEL STATUS. THE PRESENT INSTRUCTIONS IN ART. 2142-4 (B) (3) (A), S AND A MANUAL, WERE ORIGINALLY APPROVED BY THE COMPTROLLER GENERAL AND INCLUDED IN THE PAY BILL INSTRUCTIONS ISSUED PURSUANT TO SECTION 6 OF THE ACT OF JUNE 10, 1022, AS AMENDED BY THE ACT OF MAY 3, 1924 (43 STAT. 250), AND HERETOFORE OFFICERS OF THE NAVY WITHOUT DEPENDENTS HAVE BEEN CREDITED WITH RENTAL ALLOWANCE IN THE INTERIM FOLLOWING DETACHMENT, PURSUANT TO INDIVIDUAL ORDERS, FROM ONE PERMANENT DUTY STATION, WHILE IN A TRAVEL STATUS ABOARD EITHER A GOVERNMENT OWNED OR CHARTERED VESSEL ON WHICH NO FARE IS CHARGED, OR ABOARD A COMMERCIAL VESSEL WHERE THE FARE PAID INCLUDES STATEROOM ACCOMMODATIONS. SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942 IS SUBSTANTIALLY THE SAME AS SECTION 6 OF THE ACT OF JUNE 10, 1922, AND IT IS CONSIDERED THAT THE AMENDMENT TO THE FIRST MENTIONED ACT BY THE ACT OF MARCH 6, 1943, IN NOWISE EFFECTS THE ENTITLEMENT OF AN OFFICER WITHOUT DEPENDENTS TO RENTAL ALLOWANCE WHILE ABOARD A GOVERNMENT VESSEL FOR TRANSPORTATION FROM LAST PERMANENT DUTY STATION TO A TEMPORARY DUTY STATION FOR FURTHER ASSIGNMENT TO A NEW PERMANENT DUTY STATION BY THE BUREAU OF NAVAL PERSONNEL.

4. IN CASE THE ACCOUNTS OF LIEUT. ABT WERE BEING CARRIED BY A NAVY DISBURSING OFFICER, THE BUREAU OF SUPPLIES AND ACCOUNTS WOULD CANCEL THE ATTACHED CLAIM AND DIRECT CREDIT OF THE RENTAL ALLOWANCE PROPERLY DUE UNDER ADMINISTRATIVE INSTRUCTIONS, WHICH ARE IN ACCORD WITH DECISIONS OF THE COMPTROLLER GENERAL. SUCH ACTION, HOWEVER, IS NOT POSSIBLE IN VIEW OF THE FACT THAT THE ACCOUNTS OF LIEUT. ABT ARE CARRIED BY A MARINE CORPS PAYMASTER. THE BUREAU OF SUPPLIES AND ACCOUNTS CONSIDERS IT MANIFESTLY UNFAIR TO REQUIRE THIS OFFICER TO SUBMIT A CLAIM TO THE GENERAL ACCOUNTING OFFICE TO COLLECT RENTAL ALLOWANCE WHICH IS PROPERLY FOR CREDIT ON CURRENT ROLLS UNDER EXISTING INSTRUCTIONS. THEREFORE, IT IS RECOMMENDED THAT NECESSARY ACTION BE TAKEN TO DETERMINE THE RIGHT OF LIEUT. ABT TO RENTAL ALLOWANCE FOR THE PERIOD 10 JUN TO 1 JUL 1944, SO THAT CREDIT THEREOF MAY BE MADE ON CURRENT ROLLS WITHOUT THE DELAY THAT WOULD BE INVOLVED IN CASE THE ATTACHED CLAIM IS FORWARDED TO THE GENERAL ACCOUNTING OFFICE FOR SETTLEMENT.

SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 361, AS AMENDED BY THE ACT OF MARCH 6, 1943, 57 STAT. 13, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. 6. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH COMMISSIONED OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE-DUTY PAY SHALL BE ENTITLED AT ALL TIMES TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS.

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD DUTY UNLESS HIS COMMANDING OFFICER CERTIFIES THAT HE WAS NECESSARILY REQUIRED TO PROCURE QUARTERS AT HIS OWN EXPENSE, OR WHILE ON SEA DUTY, EXCEPT FOR TEMPORARY PERIODS OF SEA DUTY NOT EXCEEDING THREE MONTHS, NOR SHALL ANY RENTAL ALLOWANCE ACCRUE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS ARE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY, AND SUCH CERTIFICATIONS SHALL BE CONCLUSIVE: PROVIDED, THAT AN OFFICER ALTHOUGH FURNISHED WITH QUARTERS SHALL BE ENTITLED TO RENTAL ALLOWANCE AS AUTHORIZED IN THIS SECTION IF BY REASON OF ORDERS OF COMPETENT AUTHORITY HIS DEPENDENTS ARE PREVENTED FROM OCCUPYING SUCH QUARTERS.

UNDER THE SAID SECTION 6 COMMISSIONED OFFICERS OF THE ARMY, NAVY, ETC., ARE ENTITLED "AT ALL TIMES" TO THE PRESCRIBED RENTAL ALLOWANCE "WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE-DUTY PAY," WITH THE EXCEPTION THAT AN OFFICER WITHOUT DEPENDENTS IS NOT ENTITLED TO SUCH ALLOWANCE WHILE ON FIELD DUTY UNLESS HIS COMMANDING OFFICER CERTIFIES THAT HE WAS REQUIRED TO PROCURE QUARTERS AT HIS OWN EXPENSE, OR WHILE ON SEA DUTY WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, OR WHILE ASSIGNED PUBLIC QUARTERS AT HIS STATION.

IN THE PRESENT CASE IT APPEARS THAT LIEUTENANT ABT WAS DETACHED FROM THE STAFF OF COMMANDER APC FLOTILLA FIVE BY ORDERS DATED JUNE 9, 1944, AND WAS DIRECTED TO PROCEED TO THE CONTINENTAL UNITED STATES AND UPON ARRIVAL TO REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, FOR TEMPORARY DUTY, PENDING FURTHER ASSIGNMENT BY THE BUREAU OF NAVAL PERSONNEL; THAT HE WAS DETACHED FROM FLOTILLA FIVE ON JUNE 9, 1944, AND REPORTED ON BOARD THE U.S.S. MARCUS ISLAND ON THE SAME DATE FOR TRANSPORTATION TO THE UNITED STATES, ARRIVING IN THE UNITED STATES ON JULY 1, 1944; AND THAT HE REPORTED TO THE DISTRICT STAFF HEADQUARTERS, SAN FRANCISCO, CALIFORNIA, ON JULY 6, 1944, FOR TEMPORARY DUTY PENDING FURTHER ASSIGNMENT BY THE CHIEF OF NAVAL PERSONNEL, AND WAS ASSIGNED BACHELOR QUARTERS AT THAT STATION.

IT CONSISTENTLY HAS BEEN HELD THAT AN OFFICER NOT ON FIELD OR SEA DUTY IS ENTITLED TO RENTAL ALLOWANCE DURING THE INTERIM BETWEEN DETACHMENT FROM A PERMANENT STATION AND REPORTING TO A NEW STATION, INCLUDING TRAVEL TIME ABOARD A GOVERNMENT VESSEL, AND SUCH RULE HAS BEEN APPLIED REGARDLESS OF THE OFFICER'S STATUS FOR RENTAL ALLOWANCE PURPOSES WHILE AT HIS FORMER PERMANENT STATION--- THAT IS, NO DISTINCTION IS MADE BETWEEN OFFICERS FURNISHED QUARTERS IN KIND AND THOSE RECEIVING AN ALLOWANCE IN LIEU THEREOF. SEE 23 COMP. GEN. 761. THE FACT THAT AN OFFICER DETACHED FROM HIS PERMANENT STATION IS FURNISHED ACCOMMODATIONS ON BOARD A GOVERNMENT VESSEL INCIDENT TO TRANSPORTATION TO HIS NEW STATION IS NOT REGARDED AS THE FURNISHING OF PUBLIC QUARTERS WITHIN THE MEANING OF THE RENTAL ALLOWANCE STATUTE. SEE A-6904, DECEMBER 16, 1924; A-7411, JANUARY 13, 1925, A-7646, MAY 11, 1925; A-19583, AUGUST 24, 1927; 20 COMP. GEN. 522, 527. THE BASIS FOR THAT RULE APPEARS EQUALLY APPLICABLE TO AN OFFICER DETACHED FROM SEA DUTY AND ORDERED TO DUTY ASHORE.