OCTOBER 31, 1923, 3 COMP. GEN. 272

OCTOBER 31, 1923, 3 COMP. GEN. 272

COMMUTATION OF QUARTERS, HEAT, AND LIGHT - FIELD DUTY THE TERM "FIELD DUTY" AS USED IN THE ACT OF APRIL 16, 1918, 40 STAT., 530, PROVIDING FOR COMMUTATION OF QUARTERS, HEAT, AND LIGHT UNDER CERTAIN CONDITIONS, AND IN THE ACT OF JUNE 10, 1922, 42 STAT., 628, PROVIDING RENTAL ALLOWANCE, REFERS TO DUTY INVOLVED IN OPERATIONS AGAINST AN ENEMY, ACTUAL OR POTENTIAL. THE DETERMINATION OF WHETHER ANY PARTICULAR DUTY IS "FIELD DUTY" IS, IN GENERAL, A MILITARY OR NAVAL QUESTION, BUT THIS FACT DOES NOT CONFER UPON THE MILITARY OR NAVAL AUTHORITIES POWER TO DETERMINE A DUTY TO BE FIELD DUTY REGARDLESS OF ITS CHARACTER; THERE IS NO AUTHORITY TO DETERMINE A SERVICE TO BE FIELD DUTY ON THE BASIS OF THE AVAILABILITY OF PUBLIC QUARTERS OR PERSONAL CONVENIENCE.

DECISION OF COMPTROLLER GENERAL MCCARL, OCTOBER 31, 1923:

COMMANDER DONALD W. NESBITT (S.C.), U.S. NAVY, APPLIED SEPTEMBER 10, 1923, FOR REVIEW OF SETTLEMENT N-4167-E, DATED FEBRUARY 28, 1923, DISALLOWING CREDIT IN HIS DISBURSING ACCOUNT FOR $116.60 PAID TO LIEUT. JAMES C. BEQUETTE (S.C.), U.S. NAVY, AS COMMUTATION OF QUARTERS, HEAT, AND LIGHT FOR DEPENDENT PARENT FOR THE PERIOD APRIL 1 TO MAY 31, 1922, DURING WHICH PERIOD SAID OFFICER WAS ASSIGNED AND OCCUPIED GOVERNMENT QUARTERS TO THE EXTENT OF ONE ROOM ONLY AT PINE BEACH HOTEL, NAVAL OPERATING BASE, HAMPTON ROADS, VA.

COMMANDER NESBITT FURNISHES AS AUTHORITY FOR THE PAYMENT COPY OF LETTER OF THE SECRETARY OF THE NAVY, DATED MAY 16, 1919, ADDRESSED TO THE COMMANDANT, FIFTH NAVAL DISTRICT, WHICH STATES THAT---

OFFICERS ON DUTY AT THE NAVAL OPERATING BASE WHO CAN NOT BE FURNISHED THE AUTHORIZED ALLOWANCE OF QUARTERS IN KIND AND WHO ARE ASSIGNED QUARTERS NOT EXCEEDING ONE ROOM MAY BE CONSIDERED AS ON FIELD DUTY WITHIN THE PURVIEW OF THE ACT OF 16 APRIL, 1918, AND IF THEY MAINTAIN AN ABODE FOR WIFE, CHILD, OR DEPENDENT PARENT FOR WHOM QUARTERS ARE NOT AVAILABLE THEY ARE ENTITLED TO COMMUTATION OF QUARTERS, HEAT, AND LIGHT UNDER THE PROVISIONS OF THAT ACT.

WHETHER ANY PARTICULAR MILITARY DUTY IS FIELD DUTY IS, IN GENERAL, A MILITARY QUESTION. 25 COMP. DEC., 217; 26 ID., 748. THERE IS, HOWEVER, NO BROAD AND FINAL AUTHORITY IN THE SECRETARY OF WAR OR THE SECRETARY OF THE NAVY TO DETERMINE A DUTY TO BE A FIELD DUTY REGARDLESS OF ITS CHARACTER AND THE CONDITIONS UNDER WHICH RENDERED. OPERATIONS OF AN ENEMY OR OTHER WAR CONDITIONS MAY SO ALTER THE CHARACTER OF DUTY AT A POST, YARD, OR STATION AS TO MAKE IT UNSAFE OR OTHERWISE QUITE UNDESIRABLE FOR THE FAMILIES OF OFFICERS AND MEN TO REMAIN IN THE VICINITY, AND A DETERMINATION OF THE EXISTENCE OF SUCH A CONDITION BY THE SECRETARY MAY ORDINARILY BE ACCEPTED. THE DECISIONS ABOVE CITED ARE NOT TO BE UNDERSTOOD AS GOING BEYOND THIS. THERE IS NO AUTHORITY TO DETERMINE A SERVICE TO BE FIELD DUTY ON THE BASIS OF AVAILABILITY OF PUBLIC QUARTERS, AND ELEMENTS OF PERSONAL CONVENIENCE MAY NOT CONTROL, OTHERWISE IN THE CASE OF TWO OFFICERS PERFORMING SIMILAR DUTY AT THE SAME TIME AND PLACE ONE MIGHT BE DETERMINED AS ON FIELD DUTY AND THE OTHER NOT. SEE 22 MS. COMP. GEN., 185, JUNE 7, 1923.

THE TERM "FIELD DUTY" AS USED WITH RESPECT TO THE ORGANIZATION OF THE ARMY CONVEYS THE IDEA OF OPERATION AGAINST AN ENEMY, ACTUAL OR POTENTIAL. THIS IS THE SENSE IN WHICH THE TERM IS USED IN THE ACT OF JUNE 10, 1922, 42 STAT., 628, AUTHORIZING RENTAL ALLOWANCE. DUTY WITH AN ORGANIZATION MOVING FROM ONE POST TO ANOTHER BY MARCHING IN TIME OF PEACE AND IN THE HOME COUNTRY IS NOT FIELD DUTY FOR THE PURPOSE OF RENTAL ALLOWANCE. THE SAME PRINCIPLE APPLIES TO THE TERM "FIELD DUTY" AS USED IN THE ACT OF APRIL 16, 1918, 40 STAT., 530. SEE DECISIONS OF THIS OFFICE, DATED JANUARY 27, JUNE 7, AND SEPTEMBER 8, 1923.

THE ACT OF APRIL 16, 1918, WAS NOT INTENDED TO GIVE A SECOND OR DUPLICATE ALLOWANCE TO OFFICERS ALREADY RECEIVING SUCH, AND OFFICERS SO SITUATED AS TO BE ENTITLED TO COMMUTATION UNDER THE ACT OF MARCH 2, 1907, 34 STAT., 1168, 1169, ARE NOT ENTITLED TO ANOTHER COMMUTATION UNDER THE ACT OF APRIL 16, 1918, 26 COMP. DEC., 525.

THE LETTER OF THE SECRETARY OF THE NAVY OF MAY 16, 1919, STATING THAT OFFICERS ON DUTY AT THE NAVAL OPERATING BASE WHO ARE FURNISHED QUARTERS NOT EXCEEDING ONE ROOM MAY BE CONSIDERED AS ON FIELD DUTY WITHIN THE PURVIEW OF THE ACT OF APRIL 16, 1918, DID NOT GIVE TO SUCH OFFICERS A FIELD DUTY STATUS WITHIN CONTEMPLATION OF SAID ACT ENTITLING THEM TO COMMUTATION OF QUARTERS, HEAT, AND LIGHT AS PROVIDED THEREIN.