MAY 12, 1923, 2 COMP. GEN. 748

MAY 12, 1923, 2 COMP. GEN. 748

RENTAL ALLOWANCE - AWAITING TRANSPORTATION - OFFICERS OF THE NAVY OFFICERS OF THE NAVY DETACHED FROM DUTY AND AWAITING GOVERNMENT TRANSPORTATION TO NEW STATION ARE ENTITLED TO RENTAL ALLOWANCE FOR THE INTERVAL BETWEEN DETACHMENT FROM DUTY AND THE BEGINNING OF TRAVEL IF NO PUBLIC QUARTERS ARE AVAILABLE.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 12, 1923:

R. S. CULP, COMMANDER, UNITED STATES NAVY, REQUESTED MAY 4, 1923, REVIEW OF SETTLEMENT NO. N-86925, DATED APRIL 9, 1923, DISALLOWING HIS CLAIM UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT., 628, FOR RENTAL ALLOWANCE FROM SEPTEMBER 10 TO 29, 1922, INCLUSIVE, WHILE AWAITING TRANSPORTATION TO THE CANAL ZONE. THE CLAIM WAS DISALLOWED ON THE GROUND THAT THE OFFICER WAS IN A TRAVEL STATUS AND SUCH QUARTERS AS WERE NECESSARY WERE FURNISHED BY THE UNITED STATES EITHER THROUGH REIMBURSEMENT OF TRAVELING EXPENSES OR THROUGH MILEAGE.

CLAIMANT WAS SERVING ABOARD THE U.S.S. MELVIN SEPTEMBER 11, 1922, WHEN HE WAS INFORMED IN ORDERS THAT UPON THE REPORTING OF HIS RELIEF HE WOULD STAND DETACHED FROM HIS SHIP AND WOULD PROCEED VIA THE FIRST AVAILABLE GOVERNMENT TRANSPORTATION TO THE CANAL ZONE FOR SHORE DUTY. THE ORDERS GAVE HIM THE OPTION OF PROCEEDING AT HIS OWN EXPENSE TO HAMPTON ROADS, VA., AND FROM THENCE ABOARD THE U.S.S. NITRO TO THE CANAL ZONE. AMENDATORY ORDERS DATED SEPTEMBER 19, 1922, READ AS FOLLOWS:

1. YOUR DISPATCH ORDERS OF SEPTEMBER 6, 1922, ASSIGNING YOU TO DUTY WITH THE GOVERNOR, CANAL ZONE, ARE SO FAR MODIFIED THAT UPON ARRIVAL OF THE U.S.S. SIRIUS AT SAN DIEGO, CALIF., YOU WILL REPORT TO THE COMMANDING OFFICER OF THE U.S.S. SIRIUS FOR DUTY ON BOARD THAT VESSEL.

2. UPON THE ARRIVAL OF THE U.S.S. SIRIUS AT THE CANAL ZONE YOU WILL REGARD YOURSELF DETACHED FROM DUTY ON BOARD THAT VESSEL; WILL CARRY OUT THE REMAINDER OF THE ABOVE ORDERS.

APPARENTLY HIS RELIEF REPORTED SEPTEMBER 8, 1922, FOR ON THAT DATE CLAIMANT APPLIED TO HEADQUARTERS TWELFTH NAVAL DISTRICT FOR TRANSPORTATION AND HIS ORDER BORE AN INDORSEMENT FROM SAID HEADQUARTERS THAT NO TRANSPORTATION WAS AVAILABLE. HE WAS DETACHED FROM DUTY ABOARD THE MELVIN ON SEPTEMBER 9, 1922, AND REPORTED FOR DUTY ABOARD THE SIRIUS ON SEPTEMBER 30, 1922. DURING THE INTERVAL CLAIMANT RESIDED WITH HIS FAMILY AT 1402 EIGHTH STREET, CORONADO, CALIF., AND CLAIMED RENTAL ALLOWANCE FOR THE PERIOD OF 21 DAYS.

SECTION 6 OF THE ACT OF JUNE 10, 1922, 42 STAT., 628, SO FAR AS IS HERE MATERIAL, PROVIDES:

THAT EACH COMMISSIONED OFFICER ON THE ACTIVE LIST OR ON ACTIVE DUTY BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, * * * IF PUBLIC QUARTERS ARE NOT AVAILABLE, SHALL BE ENTITLED AT ALL TIMES, IN ADDITION TO HIS PAY, TO A MONEY ALLOWANCE FOR RENTAL OF QUARTERS, * * *. THE RENTAL ALLOWANCE SHALL ACCURE WHILE THE OFFICER IS ON FIELD OR SEA DUTY, TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION, IN HOSPITAL, ON LEAVE OF ABSENCE, OR ON SICK LEAVE, REGARDLESS OF ANY SHELTER THAT MAY BE FURNISHED HIM FOR HIS PERSONAL USE, IF HIS DEPENDENT OR DEPENDENTS ARE NOT OCCUPYING PUBLIC QUARTERS DURING SUCH PERIOD, * * *. BUT NO RENTAL ALLOWANCE SHALL BE MADE TO ANY OFFICER WITHOUT DEPENDENTS BY REASON OF HIS EMPLOYMENT ON FIELD OR SEA DUTY.

THE STATUTE PROVIDES RENTAL ALLOWANCE AT ALL TIMES WHEN ON FIELD DUTY, SEA DUTY, TEMPORARY DUTY AWAY FROM PERMANENT STATION, IN HOSPITAL, ON LEAVE OF ABSENCE, AND ON SICK LEAVE. 2 COMP. GEN., 399. UPON DETACHMENT FROM THE MELVIN CLAIMANT LOST HIS STATUS AS AN OFFICER ON SEA DUTY. COMP. DEC., 371; 2 COMP. GEN., 415. HIS TRAVEL STATUS HAD NOT COMMENCED AND HE WAS IN THE STATUS OF AN OFFICER AT A SHORE STATION WITH HIS FAMILY AWAITING GOVERNMENT TRANSPORTATION, AND SINCE QUARTERS IN KIND WERE NOT AVAILABLE HE IS ENTITLED TO RENTAL ALLOWANCE. SEE 2 COMP. GEN., 430; D., 435; ID., 745.

UPON REVIEW OF THE MATTER THE SETTLEMENT IS REVERSED AND $84, BEING RENTAL ALLOWANCE FOR THE PERIOD SEPTEMBER 9 TO 29, 1922, INCLUSIVE, FOR A COMMANDER, IS CERTIFIED DUE CLAIMANT.