B-53330, MAY 8, 1946, 25 COMP. GEN. 749

B-53330: May 8, 1946

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RATES OF PAY" ARE FIXED BY SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942 AT ONE-HALF THE RATES PRESCRIBED FOR NAVY ENLISTED MEN IN CORRESPONDING GRADES. ARE ENTITLED TO PAYMENT OF MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS ON THE SAME BASIS AS THAT AUTHORIZED FOR NAVY ENLISTED MEN GENERALLY BY SECTION 10 OF THE SAID ACT. MEMBERS OF THE INSULAR FORCE OF THE NAVY AND OF THE SAMOAN NATIVE GUARD WHO ARE EXCLUDED BY THE PROVISIONS OF SECTION 120 (I) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942. ARE NOT SUBJECT TO THE RESTRICTION CONTAINED IN SECTION 108 OF SAID ACT. THAT THE MONEY ALLOWANCE AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 IN LIEU OF QUARTERS IS PAYABLE ONLY FOR SUCH PERIODS AS AN ALLOTMENT OF PAY FOR DEPENDENTS WAS IN EFFECT IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONEY ALLOWANCE.

B-53330, MAY 8, 1946, 25 COMP. GEN. 749

QUARTERS ALLOWANCE - INSULAR FORCE OF THE NAVY AND SAMOAN NATIVE GUARD ENLISTED MEMBERS OF THE INSULAR FORCE OF THE NAVY--- REGARDED AS NAVY ENLISTED MEN--- WHOSE ,RATES OF PAY" ARE FIXED BY SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942 AT ONE-HALF THE RATES PRESCRIBED FOR NAVY ENLISTED MEN IN CORRESPONDING GRADES, ARE ENTITLED TO PAYMENT OF MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS ON THE SAME BASIS AS THAT AUTHORIZED FOR NAVY ENLISTED MEN GENERALLY BY SECTION 10 OF THE SAID ACT. MEMBERS OF THE INSULAR FORCE OF THE NAVY AND OF THE SAMOAN NATIVE GUARD WHO ARE EXCLUDED BY THE PROVISIONS OF SECTION 120 (I) OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED, FROM THE FAMILY ALLOWANCE BENEFITS PROVIDED FOR BY SAID ACT, ARE NOT SUBJECT TO THE RESTRICTION CONTAINED IN SECTION 108 OF SAID ACT, AS AMENDED, THAT THE MONEY ALLOWANCE AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 IN LIEU OF QUARTERS IS PAYABLE ONLY FOR SUCH PERIODS AS AN ALLOTMENT OF PAY FOR DEPENDENTS WAS IN EFFECT IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONEY ALLOWANCE.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, MAY 8, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 11, 1945, WITH ENCLOSURE DATED SEPTEMBER 20, 1945, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, REQUESTING DECISION AS TO (1) THE RATE OF MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS PAYABLE TO ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY IN THE FIRST, SECOND OR THIRD PAY GRADES, AND (2) WHETHER SUCH ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY AND OF T SAMOAN NATIVE GUARD ARE EXEMPT FROM THE RESTRICTION IN SECTION 108 OF THE ACT OF JUNE 23, 1942, 56 STAT. 383, AS AMENDED BY SECTION 8 OF THE ACT OCTOBER 26, 1943, 57 STAT. 579, THAT PAYMENT OF MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS SHALL BE MADE ONLY FOR SUCH PERIODS AS THE ENLISTED MAN HAS IN EFFECT AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONEY ALLOWANCE FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED.

THE VIEWS AND COMMENTS OF THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS IN THE MATTER ARE CONTAINED IN AN ENCLOSURE DATED SEPTEMBER 20, 1945, AS FOLLOWS:

REF: (A) ACT OF OCTOBER 17, 1940 (54 STAT. 1205).

(B) EXECUTIVE ORDER NO. 8688, DATED 19 FEBRUARY 1941.

(C) DECISION OF COMPTROLLER GENERAL B-15346 DATED 17 MARCH

1941 (20 COMP. GEN. 522).

(D) DECISION OF COMPTROLLER GENERAL B-19323 DATED 11 OCTOBER

1941 (21 COMP. GEN. 311).

(E) SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942.

(F) EXECUTIVE ORDERS NOS 9206 DATED 27 JULY 1942, 9255 DATED

13 OCTOBER 1942, 9295 DATED 9 JANUARY 1943 AND 9386

DATED 15 OCTOBER 1943.

(G) SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942.

(H) ARTICLE 35-4520, 12 AND 24 ARMY REGULATIONS.

(I) SECTION 120 (J) OF THE SERVICEMEN'S DEPENDENTS ACT OF

1942, APPROVED JUNE 23, 1942, AS AMENDED BY SECTION 13

OF PUBLIC LAW 174, APPROVED OCTOBER 26, 1943.

(J) SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ACT OF 1942,

APPROVED JUNE 23, 1942, AS AMENDED BY SECTION 8 OF PUBLIC

LAW 174, APPROVED OCTOBER 26, 1943. ENCL: (A) COPY OF LETTER OF BUREAU OF SUPPLIES AND ACCOUNTS TO

COMMANDER-IN-CHIEF ASIATIC FLEET DATED OCTOBER 21, 1941,

L16-7 (4) (1OLR).

1. THE INITIAL AUTHORITY FOR THE PAYMENT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS TO ENLISTED MEN OF THE ARMY IN PAY GRADES 1-3 WAS CONTAINED IN REFERENCE (A), AND PARAGRAPH 2 (B) OF REFERENCE (B) ISSUED PURSUANT THERETO, WITH RESPECT TO ENLISTED MEN IN THE PHILIPPINE SCOUTS, STATED AS FOLLOWS:

(B) " PHILIPPINE SCOUTS, UNDER THE CONDITIONS OF SUBDIVISION A ABOVE, SHALL BE ENTITLED TO RECEIVE ACTUAL EXPENSES FOR LODGING NOT TO EXCEED FIFTY CENTS A DAY.'

THE COMPTROLLER GENERAL HELD IN REFERENCE (C) THAT BY REASON OF THE ASSIMILATING PROVISIONS OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940, RELATING TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS OF ENLISTED MEN, WERE ENTITLED TO THE BENEFITS PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 (B) OF REFERENCE (B) PROMULGATED PURSUANT TO SAID ACT. ENCLOSURE (A), ISSUED BY THE BUREAU OF SUPPLIES AND ACCOUNTS AFTER APPROVAL BY THE COMPTROLLER GENERAL IN DECISION B-20484 DATED 7 OCTOBER 1941, GOVERNED THE CREDIT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS IN THE CASE OF ENLISTED MEMBERS OF THE INSULAR FORCE FROM 17 OCTOBER 1940 TO 31 MAY 1942.

2. THE AUTHORITY FOR THE PAYMENT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS WAS REENACTED IN PARAGRAPH 2 OF REFERENCE (E), AND THE EXECUTIVE ORDERS ENUMERATED IN REFERENCE (F) ISSUED PURSUANT THERETO SUBSEQUENT TO 16 JUNE 1942 ESTABLISH NO SEPARATE RATE FOR PAYMENT OF SUCH ALLOWANCE IN THE CASE OF MEMBERS OF THE PHILIPPINE SCOUTS OR THE INSULAR FORCE. HOWEVER, IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN PARAGRAPH 1 OF REFERENCE (G), THE SECRETARY OF WAR IS EMPOWERED TO FIX THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS SUBJECT TO THE PROVISO THAT SUCH PAY AND ALLOWANCES SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE THEN, OR WHICH MAY THEREAFTER, BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY. THE RATE OF FURLOUGH RATIONS, QUARTERS AND SUBSISTENCE ALLOWANCE WHILE ON DETACHED DUTY OR IN TRAVEL STATUS, AND MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS PAYABLE TO ENLISTED MEN IN THE PHILIPPINE SCOUTS EFFECTIVE 1 JULY 1942, ARE SET FORTH IN REFERENCE (H.)

3. IN ACCORDANCE WITH THE RULING IN DECISION B-12506 DATED 3 OCTOBER 1940 WITH RESPECT TO THE RIGHT OF ENLISTED MEN OF THE INSULAR FORCE TO FURLOUGH RATIONS BY REASON OF THE ASSIMILATING PROVISIONS IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, ENLISTED MEMBERS OF THE INSULAR FORCE FROM 17 OCTOBER 1940 TO 30 SEPTEMBER 1942 WERE CREDITED WITH FURLOUGH RATIONS AT THE RATES ESTABLISHED BY THE WAR DEPARTMENT EACH FISCAL YEAR AS THE MONEY VALUE OF THE RATION PRESCRIBED FOR A MEMBER OF THE PHILIPPINE SCOUTS ON FURLOUGH. FROM 1 JULY 1942 TO THE PRESENT TIME ENLISTED MEN OF THE INSULAR FORCE WHEN ON AUTHORIZED LEAVE IN EXCESS OF THREE DAYS HAVE BEEN PAID FURLOUGH OR LEAVE RATIONS AT THE SAME RATE FIXED BY NAVAL APPROPRIATIONS ACTS AS THE VALUE OF A COMMUTED RATION FOR ENLISTED MEN OF THE NAVY. (SEE SECOND SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT, 1943, APPROVED OCTOBER 26, 1942, FOR INITIAL AUTHORITY FOR PAYMENT OF LEAVE RATIONS TO ENLISTED MEN OF THE NAVY.)

4. IT HAS BEEN CONSISTENTLY HELD BY THE COMPTROLLER GENERAL AND THE JUDGE ADVOCATE GENERAL THAT MEMBERS OF THE INSULAR FORCE ARE ENLISTED MEMBERS OF THE UNITED STATES NAVY. THE RATE OF PAY OF ENLISTED MEN OF THE INSULAR FORCE AS ESTABLISHED BY STATUTE ( SECTION 10 OF THE ACT OF JUNE 10, 1922 AND PARAGRAPH 2 OF REFERENCE (G) ( IS ONE-HALF THE RATES PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING GRADES. THERE HAVE BEEN NO INSTRUCTIONS ISSUED BY THE NAVY DEPARTMENT PLACING ADMINISTRATIVE LIMITATIONS ON THE RATES OF STATION OR TRAVEL QUARTERS AND SUBSISTENCE ALLOWANCES OR MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS, PAYABLE TO ENLISTED MEN OF THE INSULAR FORCE, SINCE 1 JUNE 1942. IN THIS CONNECTION IT IS POINTED OUT THAT THE COMPTROLLER GENERAL, IN REFERENCE (D), STATED THAT THE DECISIONS OF HIS OFFICE (B 12506, OCTOBER 3, 1940, AND 40 COMP. GEN. 522), WHICH HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY WERE ENTITLED TO CERTAIN ALLOWANCES NOT IN EXCESS OF THOSE AUTHORIZED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS, INVOLVED ONLY THOSE ALLOWANCES TO WHICH MEMBERS OF THE INSULAR FORCE BECAME ENTITLED BY REASON OF THE ASSIMILATING PROVISIONS OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 (54 STAT. 895) WHICH, INCIDENTALLY WAS REPEALED BY SECTION 19 OF THE PAY READJUSTMENT ACT OF 1942. CONSEQUENTLY, IT WAS HELD IN REF (D):

"* * * THAT MEMBERS OF THE INSULAR FORCE WERE AUTHORIZED TO BE PAID, IN THE ABSENCE OF ADMINISTRATIVE LIMITATIONS, QUARTERS AND SUBSISTENCE ALLOWANCE AT THE RATES PRESCRIBED FOR OTHER ENLISTED MEN OF THE NAVY.'

5. IN VIEW OF THE FOREGOING IT IS CONSIDERED THAT ENLISTED MEN OF THE INSULAR FORCE IN PAY GRADES 1-3 ARE ENTITLED ON AND AFTER 1 JUNE 1942, TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AT THE RATES PRESCRIBED BY EXECUTIVE ORDER FOR ENLISTED MEN OF THE NAVY. HOWEVER, IT IS RECOMMENDED THAT THE COMPTROLLER GENERAL BE REQUESTED TO CONFIRM THIS OPINION IN ORDER TO PRECLUDE THE QUESTIONING OF OTHERWISE PROPER PAYMENTS OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AT SUCH RATES IN THE AUDIT OF THE ACCOUNTS OF DISBURSING OFFICERS.

6. MEMBERS OF THE SAMOAN NATIVE GUARD, OTHERWISE KNOWN AS THE FITA FITA GUARD, HAVE ALWAYS BEEN ENTITLED TO THE SAME PAY AND ALLOWANCES, EXCLUSIVE OF CLOTHING ALLOWANCE, AS ENLISTED MEN OF THE REGULAR NAVY OF CORRESPONDING RATING. HOWEVER, REFERENCE (I) EXCLUDES THE DEPENDENTS OF ANY MEMBER OF THE SAMOAN NATIVE GUARD, AS WELL AS THE DEPENDENTS OF ANY MEMBER OF THE INSULAR FORCE OF THE NAVY AND THE SAMOAN RESERVE FORCE OF THE MARINE CORPS, FROM THE FAMILY ALLOWANCE BENEFITS AUTHORIZED BY THE SERVICEMEN'S DEPENDENTS ACT OF 1942. THEREFORE, ENLISTED MEN IN THOSE ORGANIZATIONS IN PAY GRADES 1-3 ON 1 NOVEMBER 1943 AND ENTITLED TO RECEIVE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS WERE NOT ENTITLED TO EXERCISE ELECTION TO RECEIVE FAMILY ALLOWANCE BENEFITS, AND THOSE WHO WERE ADVANCED TO PAY GRADES 1-3 ON AND AFTER THAT DATE WERE NOT ENTITLED TO EXERCISE SUCH ELECTION. THEREFORE, IT IS CONSIDERED THAT AN ENLISTED MAN OF THE INSULAR FORCE OR THE SAMOAN NATIVE GUARD IN PAY GRADES 1-3, IRRESPECTIVE OF WHETHER HE WAS ENTITLED TO, OR RECEIVING CREDIT OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS ON 1 NOVEMBER 1943, IS ENTITLED TO OTHERWISE PROPER CREDIT OF SUCH ALLOWANCES FROM DATE ENTITLEMENT THERETO ACCRUED, WHETHER PRIOR OR SUBSEQUENT TO NOVEMBER 1943. IT IS CONSIDERED THAT SUCH MEN ARE EXEMPT FROM THE INSTRUCTIONS IN ARTICLE 2143-4 (A) (1) AND (2), BUREAU OF SUPPLIES AND ACCOUNTS MEMORANDA. IT APPEARS THAT SECTION 8 (B) OF THE ACT OF OCTOBER 26, 1943, REQUIRING REGISTRATION OF AN ALLOTMENT IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONEY ALLOWANCE (30 TIMES THE APPLICABLE DAILY RATE) FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED IS MANDATORY ONLY IN THE CASE OF AN ENLISTED MAN WHO WAS RECEIVING OR ENTITLED TO RECEIVE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS ON 1 NOVEMBER 1943 AND ELECTED TO CONTINUE IN RECEIPT OF SUCH ALLOWANCE ON AND AFTER THAT DATE INSTEAD OF EXERCISING ELECTION TO APPLY FOR FAMILY ALLOWANCE BENEFITS. IT IS, THEREFORE, REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL AS TO WHETHER MEMBERS OF THE INSULAR FORCE AND SAMOAN NATIVE GUARD ARE EXEMPT FROM THE ALLOTMENT REQUIREMENT OF THE CITED ACT. IN REPLY TO THIS QUESTION IT IS SUGGESTED THAT THE COMPTROLLER GENERAL TAKE INTO CONSIDERATION THE FACT THAT MEMBERS OF THESE TWO ORGANIZATIONS MAY NOT SERVE OUTSIDE OF SAMOA AND THE PHILIPPINES, AND ALSO THAT HE TAKE INTO CONSIDERATION THE INTERVAL OF TIME WHICH WOULD ELAPSE BETWEEN THE DATE OF MAILING THE ALLOTMENT CHECK AND DATE OF RECEIPT OF SUCH CHECK BY THE DEPENDENT WHO, IN ALL PROBABILITY WOULD BE RESIDING IN THE VICINITY OF THE DUTY STATION OF THE MAN CONCERNED.

SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, AS AMENDED, PROVIDES IN PERTINENT PART AS FOLLOWS:

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 * * *.

SECTION 11 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 364, PROVIDES AS FOLLOWS:

THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY.

THE RATES OF PAY OF ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY SHALL BE ONE-HALF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING GRADES.

IT WILL BE NOTED THAT THE FIRST PARAGRAPH OF THE SAID SECTION 11 AUTHORIZES THE SECRETARY OF WAR TO FIX THE "PAY AND ALLOWANCES" OF ENLISTED MEN OF THE PHILIPPINE SCOUTS, WHEREAS THE SECOND PARAGRAPH OF THE SAID SECTION FIXES THE "RATES OF PAY" OF ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY AT ONE-HALF THE RATES OF PAY PROVIDED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING GRADES, BUT MAKES NO PROVISION AS TO THE ALLOWANCES PAYABLE TO ENLISTED MEN OF THE INSULAR FORCE. IN VIEW OF SUCH DIFFERENT PROVISIONS FOR THE TWO GROUPS, IT MAY BE APPROPRIATE TO CONSIDER BRIEFLY THE HISTORY OF THE INSULAR FORCE OF THE NAVY AND THE STATUTES AND DECISIONS RELATING TO THE PAY AND ALLOWANCES OF MEMBERS OF SUCH ORGANIZATION.

THE INSULAR FORCE OF THE UNITED STATES NAVY WAS ESTABLISHED PURSUANT TO AN EXECUTIVE ORDER DATED APRIL 5, 1901, WHICH AUTHORIZED THE SECRETARY OF THE NAVY TO ENLIST IN THE INSULAR FORCE OF THE UNITED STATES NAVY NOT TO EXCEED 500 FILIPINOS IN THE RATINGS AND AT THE RATES OF PAY PRESCRIBED THEREIN. IT WAS STATED IN DECISION OF OCTOBER 6, 1905, 12 COMP. DEC. 189, 190, IN DISCUSSING THE STATUS OF THE INSULAR FORCE OF THE NAVY, THAT---

ALTHOUGH, UNDER THE FOREGOING EXECUTIVE ORDER (OF APRIL 5, 1901), THE MEN ARE ENLISTED IN WHAT IS DESIGNATED AS THE INSULAR FORCE, UNITED STATES NAVY, THEY ARE NEVERTHELESS, ENLISTED MEN IN AND OF THE REGULAR NAVY OF THE UNITED STATES. THE FACT THAT THEY ARE ATTACHED TO A PART OR A BRANCH THEREOF TERMED THE INSULAR FORCE CAN NOT AFFECT THE CONCLUSION JUST STATED. FOR SAID INSULAR FORCE WAS ESTABLISHED UNDER AND BY VIRTUE OF THE STATUTES RELATING TO AND GOVERNING THE NAVY OF THE UNITED STATES; AND, UNLESS SAID INSULAR FORCE BE A PART OF THE REGULAR NAVY THERE WOULD EXIST NO AUTHORITY FOR THE ESTABLISHMENT OF SUCH INSULAR FORCE. HENCE, IT WAS CONCLUDED IN THAT DECISION THAT ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WERE ENTITLED TO RECEIVE THE CLOTHING BOUNTY ON FIRST ENLISTMENT AUTHORIZED UNDER THE ACT OF APRIL 27, 1904, 33 STAT. 326, FOR ENLISTED MEN OF THE NAVY (SEE, ALSO, 1 COMP. GEN. 480 AND PARAGRAPH 6 OF EXECUTIVE ORDER 9226 DATED AUGUST 19, 1942) AND THE ONE-FOURTH ADDITIONAL PAY AUTHORIZED UNDER SECTION 1422, REVISED STATUTES, FOR ENLISTED MEN OF THE NAVY RETAINED IN THE SERVICE AFTER EXPIRATION OF THEIR TERM OF ENLISTMENT.

IN DECISION OF OCTOBER 15, 1920, 27 COMP. DEC. 357, IT WAS HELD WITH RESPECT TO SECTION 6 OF THE ACT OF MAY 18, 1920, 41 STAT. 602, PROVIDING "NEW RATES OF BASE PAY FOR EACH ENLISTED RATING," AND SECTION 1 SAME ACT, 41 STAT. 604, PROVIDING THAT THE RATES OF PAY PRESCRIBED SECTIONS 4 AND 6 OF THAT ACT, 41 STAT. 602, SHALL BE THE RATES OF PAY OF "ALL MEN" IN ACTIVE SERVICE ON THE DATE OF APPROVAL OF THE ACT, THAT SINCE ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE NAVY THEY WERE ENTITLED TO THE INCREASED PAY PROVIDED THEREIN. ALSO, IT HAS BEEN HELD THAT ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WERE IN ACTIVE SERVICE IN THE NAVAL SERVICE WITHIN THE MEANING OF CERTAIN PROVISIONS OF THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 398, UNLESS EXPRESSLY EXCLUDED THEREFROM (25 COMP. DEC. 709); AND THAT MEMBERS OF THE INSULAR FORCE ARE ENLISTED MEN IN THE NAVAL FORCES OF THE UNITED STATES WITHIN THE MEANING OF SECTION 18 OF THE ACT OF MARCH 7, 1942, 56 STAT. 148, AND, THEREFORE, ENTITLED TO THE PERCENTAGE INCREASE IN PAY AUTHORIZED FOR SEA DUTY AND DUTY BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES ON THE BASIS PRESCRIBED IN SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630-- - THAT IS, ON THE BASIS OF ONE HALF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN GENERALLY. 21 COMP. GEN. 932, 937, QUESTION AND ANSWER (6). HOWEVER, IN DECISION OF OCTOBER 3, 1940, B-12506 IT WAS HELD--- AFTER POINTING OUT THAT NO SPECIFIC STATUTORY AUTHORITY EXISTED FOR THE PAYMENT OF FURLOUGH RATIONS TO ENLISTED MEN OF THE NAVY--- THAT ENLISTED MEN OF THE NAVY ARE ENTITLED TO FURLOUGH RATIONS ON THE SAME BASIS AS THAT PROVIDED FOR ENLISTED MEN OF THE ARMY, IN VIEW OF THE PROVISION IN CURRENT ARMY APPROPRIATION ACTS PROVIDING FOR THE COMMUTATION OF RATIONS FOR ENLISTED MEN OF THE ARMY ON FURLOUGH, AND THE PROVISION IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895 THAT "ENLISTED MEN OF THE NAVY SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY AND MARINE CORPS," AND IT WAS CONCLUDED THAT UNDER SUCH ASSIMILATION PROVISION ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WERE ENTITLED TO PAYMENT OF FURLOUGH RATIONS ON THE BASIS PROVIDED FOR CORRESPONDING GRADES AND RATINGS PRESCRIBED FOR ENLISTED MEN IN THE PHILIPPINE SCOUTS. IN THAT DECISION IT WAS SAID:

* * * WHILE IT HAS BEEN HELD THIS FORCE IS A PART OF THE REGULAR NAVY IT IS TO BE NOTED IT WAS ESTABLISHED BY AN EXECUTIVE ORDER OF APRIL 5, 1901, AND WAS LIMITED TO FILIPINOS, THAT IN MANY RESPECTS IT FOLLOWED THE ACT OF FEBRUARY 2, 1901, 31 STAT. 757, WHICH AUTHORIZED THE PRESIDENT TO ENLIST NATIVES OF THE PHILIPPINE ISLANDS IN ORGANIZATIONS TO BE KNOWN AS SCOUTS FOR SERVICE IN THE ARMY, AND THAT IN THE ORGANIZATION OF THE INSULAR FORCE OF THE NAVY A REDUCED SCALE OF PAY WAS PROVIDED. THE INSULAR FORCE OF THE NAVY WAS SPECIFICALLY RECOGNIZED IN THE ACT OF JUNE 25, 1918, 40 STAT. 610, TO EXCLUDE THEM FROM THE PROVISIONS MADE FOR ALLOTMENTS AND FAMILY ALLOWANCES IN THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 398, ET SEQ. ALSO, IT APPEARS THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY WERE SPECIFICALLY EXCLUDED FROM THE ADJUSTED COMPENSATION ACT OF MAY 19, 1924, 43 STAT. 122; AND THAT SECTION 10 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 630, SPECIFICALLY PROVIDES THAT THE RATES OF PAY FOR THE INSULAR FORCE OF THE NAVY SHALL BE ONE-HALF OF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS. THESE CIRCUMSTANCES THE GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS OF MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS; AND THE FURLOUGH RATION FOR THE INSULAR FORCE OF THE NAVY SHOULD, THEREFORE, BE LIMITED TO THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS.

ALSO, IN DECISION OF MARCH 7, 1941, B-15346, 20 COMP. GEN. 522, IT WAS HELD THAT ALTHOUGH NO SPECIFIC PROVISION HAD BEEN MADE FOR THE PAYMENT OF A MONEY ALLOWANCE FOR DEPENDENTS OF ENLISTED MEN OF THE NAVY, IN VIEW OF THE PROVISION IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, PROVIDING THAT ENLISTED MEN OF THE NAVY SHALL RECEIVE AT LEAST THE SAME PAY AND ALLOWANCE FOR QUARTERS FOR DEPENDENTS AUTHORIZED TO BE CREDITED TO ENLISTED MEN OF THE FIRST, SECOND OR THIRD GRADES OF THE ARMY OF THE UNITED STATES. HENCE, IT WAS CONCLUDED, FOLLOWING THE REASONING IN THE DECISION OF OCTOBER 3, 1940, SUPRA, THAT ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WERE ENTITLED TO THE SAME BENEFITS IN THAT RESPECT AS WERE AUTHORIZED FOR MEMBERS OF THE PHILIPPINE SCOUTS IN SIMILAR GRADES AND RATINGS--- THAT IS, ACTUAL EXPENSES FOR LODGING NOT TO EXCEED 50 CENTS PER DAY. SEE PARAGRAPH 24, ARMY REGULATION 35-4520. HOWEVER, IN DECISION OF OCTOBER 11, 1941, B 19323, 21 COMP. GEN. 311, THERE WAS CONSIDERED THE QUESTION OF WHETHER MEMBERS OF THE INSULAR FORCE OF THE NAVY WERE ENTITLED TO THE MONEY ALLOWANCE IN LIEU OF QUARTERS IN THEIR OWN RIGHT AUTHORIZED UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630. IN THAT DECISION IT WAS POINTED OUT THAT SUCH ALLOWANCE IS NOT AN ALLOWANCE TO WHICH MEMBERS OF THE INSULAR FORCE OF THE NAVY BECAME ENTITLED BY REASON OF THE ASSIMILATING PROVISION IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, SUPRA, BUT RATHER IT IS AN ALLOWANCE WHICH IS SPECIFICALLY AUTHORIZED FOR MEMBERS OF THE ARMY, NAVY, MARINE CORPS, ETC., OF THE FIRST, SECOND AND THIRD GRADES, AND, HENCE, SINCE ENLISTED MEN OF THE INSULAR FORCE ARE ENLISTED MEN OF THE NAVY, THEY ARE ENTITLED TO SUCH ALLOWANCE ON THE SAME BASIS AS OTHER ENLISTED MEN OF THE NAVY. THUS, IT CONSISTENTLY HAS BEEN RECOGNIZED THAT ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE NAVY AND THAT, AS SUCH, THEY ARE ENTITLED TO THE ALLOWANCES PRESCRIBED FOR ENLISTED MEN OF THE NAVY GENERALLY, IN THE ABSENCE OF ANY LIMITATION TO THE CONTRARY.

SECTION 19 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 369, EXPRESSLY REPEALED THE SAID SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AND SECTION 10 THEREOF SPECIFICALLY PROVIDES THAT EACH ENLISTED MAN OF THE FIRST, SECOND AND THIRD GRADES OF THE ARMY, NAVY, MARINE CORPS, ETC., HAVING A DEPENDENT SHALL BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS AUTHORIZED TO BE GRANTED EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND. THUS, ON AND AFTER JUNE 1, 1942, AND NOT BY VIRTUE OF THE ASSIMILATING PROVISION IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AND AS IT IS SETTLED THAT ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE NAVY, THERE WOULD APPEAR TO BE NO LEGAL BASIS ON AND AFTER JUNE 1, 1942, FOR RESTRICTING THE MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS OF ENLISTED MEN OF THE PHILIPPINE SCOUTS. ACCORDINGLY, IN ANSWER TO QUESTION (1), IT MUST BE CONCLUDED THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS PRESCRIBED IN SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942, ARE ENTITLED TO PAYMENT OF THE MONEY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS ON THE SAME BASIS AS THAT PRESCRIBED FOR ENLISTED MEN OF THE NAVY GENERALLY.

THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, APPROVED JUNE 23, 1942, 56 STAT. 381, 386, AUTHORIZES THE PAYMENT OF A FAMILY ALLOWANCE TO DEPENDENTS OF ANY ENLISTED MAN OF THE FOURTH TO SEVENTH GRADES IN THE ARMY, NAVY, MARINE CORPS, ETC., UNDER THE CONDITIONS THEREIN PRESCRIBED. THE ACT OF OCTOBER 26, 1943, 57 STAT. 577, AMENDING THE SAID 1942 ACT, EXTENDED THE FAMILY ALLOWANCE BENEFITS TO DEPENDENTS OF ENLISTED MEN OF THE FIRST, SECOND AND THIRD GRADES. SECTION 8 OF THE LATTER ACT, AS AMENDED BY SECTION 9 (B) OF THE ARMED FORCES VOLUNTEER RECRUITMENT ACT OF 1945, APPROVED OCTOBER 6, 1945, 59 STAT. 541, PROVIDES THAT THE MONEY ALLOWANCE IN LIEU OF QUARTERS AUTHORIZED BY SECTION 10 OF THE PAY READJUSTMENT ACT OF 1942 SHALL NOT BE PAYABLE FOR ANY PERIOD DURING WHICH THE FAMILY ALLOWANCES TO DEPENDENTS OF ENLISTED MEN OF THE FIRST, SECOND AND THIRD GRADES ARE BEING PAID. ALSO, THE SAID SECTION 8, AS AMENDED, PROVIDES THAT AN ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE MAY AT HIS OPTION RECEIVE EITHER THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS OR HAVE HIS DEPENDENTS BECOME ENTITLED TO RECEIVE THE FAMILY LOWANCE,"EXCEPT THAT PAYMENT OF THE MONETARY ALLOWANCE SHALL BE MADE ONLY FOR SUCH PERIODS, FROM THE EFFECTIVE DATE OF THIS ACT, AS THE ENLISTED MAN HAS IN EFFECT AN ALLOTMENT OF PAY, IN AN AMOUNT NOT LESS THAN THE AMOUNT OF SUCH MONETARY ALLOWANCE, IS FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED.' HOWEVER, SECTION 120 (I) OF THE ACT OF JUNE 23, 1942, AS AMENDED BY SECTION 13 OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 581, DEFINES THE TERM "MAN" OR ,ENLISTED MAN" AS USED IN THE ACT AND EXPRESSLY EXCLUDES FROM SUCH DEFINITION MEMBERS OF THE INSULAR FORCE OF THE NAVY AND OF THE SAMOAN NATIVE GUARD. HENCE, SINCE MEMBERS OF THE INSULAR FORCE OF THE NAVY AND OF THE SAMOAN NATIVE GUARD ARE EXPRESSLY EXCLUDED FROM THE PROVISIONS OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT, IT NECESSARILY FOLLOWS THAT THEY MAY NOT BE REGARDED AS SUBJECT TO ALLOTMENT REQUIREMENTS PRESCRIBED BY SECTION 108 OF THE SAID ACT, AS AMENDED. ACCORDINGLY, QUESTION (2) IS ANSWERED IN THE AFFIRMATIVE.