AUGUST 15, 1922, 2 COMP. GEN. 117

AUGUST 15, 1922, 2 COMP. GEN. 117

RENTAL ALLOWANCE - WARRANT OFFICERS OF COAST GUARD THE MONEY ALLOWANCE FOR RENTAL OF QUARTERS FOR WARRANT OFFICERS OF THE COAST GUARD AUTHORIZED BY SECTIONS 6 AND 11 OF THE ACT OF JUNE 10, 1922, 42 STAT., 628, 630, DOES NOT ACCRUE WHEN SUCH OFFICERS ARE SERVING AT COAST GUARD STATIONS IN THE UNITED STATES AT WHICH QUARTERS ARE AVAILABLE FOR AND OCCUPIED BY THEMSELVES SEPARATELY AND APART FROM ANY DEPENDENTS THEY MAY POSSESS, IRRESPECTIVE OF WHETHER SUCH DEPENDENTS ARE EXCLUDED THEREFROM BY INADEQUACY OR OTHERWISE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 15, 1922:

I HAVE YOUR LETTER OF JULY 15, 1922, REQUESTING DECISION WHETHER WARRANT OFFICERS OF THE UNITED STATES COAST GUARD ON DUTY IN THE UNITED STATES AT COAST GUARD LIFE-SAVING STATIONS, AND THEMSELVES IN THE OCCUPANCY OF QUARTERS AT SUCH STATIONS, ARE ENTITLED UNDER THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT., 625, TO A RENTAL ALLOWANCE BECAUSE NO QUARTERS ARE PROVIDED AT THEIR STATIONS FOR THEIR DEPENDENTS OR BECAUSE FOR ADMINISTRATIVE REASONS THE QUARTERS OF THE OFFICERS ARE NOT PERMITTED TO BE SHARED BY THEIR DEPENDENTS.

THE RIGHT OF A WARRANT OFFICER OF THE COAST GUARD TO A RENTAL ALLOWANCE IS THAT CONFERRED UPON HIM BY SECTIONS 11 AND 6 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, AND IS A GENERAL RIGHT TO $40 PER MONTH, IN ADDITION TO HIS PAY,"IF PUBLIC QUARTERS ARE NOT AVAILABLE," IF HE HAS DEPENDENTS, AND IF HE HAS NONE, SUBJECT TO THE FURTHER PROVISION--- NOT HERE MATERIAL AND NOT OTHERWISE CONSTRUED OR INTERPRETED--- THAT IT SHALL ACCRUE WHILE HE 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.

A WARRANT OFFICER SERVING IN THE UNITED STATES AT A COAST GUARD STATION IS CLEARLY NOT SERVING IN ANY OF THE CONDITIONS MENTIONED IN THE ABOVE- QUOTED PROVISION, AND HIS RIGHT TO A RENTAL ALLOWANCE IS CONFINED TO THE GENERAL ONE THAT HE POSSESSES INDEPENDENTLY OF IT.

THE SOLE QUESTION THEN IS WHETHER WHEN PUBLIC QUARTERS ARE AVAILABLE AT SUCH A STATION FOR THE WARRANT OFFICER HIMSELF, AND HE HIMSELF IS IN THE OCCUPANCY OF THEM, THEY ARE YET "NOT AVAILABLE" FOR THE PURPOSE OF PAYMENT OF THE RENTAL ALLOWANCE IF HIS DEPENDENTS DO NOT SHARE THEM WITH HIM, EITHER BY REASON OF THEIR INADEQUACY OR BECAUSE FOR ADMINISTRATIVE REASONS THEY ARE EXCLUDED FROM DOING SO; OR, IN OTHER WORDS, WHETHER THE QUARTERS A WARRANT OFFICER IS THUS IN FACT OCCUPYING AT HIS STATION ARE CONSTRUCTIVELY "NOT AVAILABLE" FOR HIM TO OCCUPY FOR THE PURPOSES OF THE RENTAL ALLOWANCE UNLESS ALSO AVAILABLE FOR OCCUPANCY BY HIS DEPENDENTS.

I FIND NOTHING IN EITHER SECTIONS 11 OR 6 OF THE ACT OF JUNE 10, 1922, WHICH INDICATES ANY INTENT THAT THE ALLOWANCE SHALL BE PAYABLE TO A WARRANT OFFICER SO STATIONED WHEN QUARTERS ARE AVAILABLE FOR THE OFFICER HIMSELF. ON THE OTHER HAND, UNDER THOSE SECTIONS THE IDENTICAL ALLOWANCE IS PAYABLE IN SUCH A CASE INDEPENDENTLY OF WHETHER THE OFFICER HAS OR HAS NOT DEPENDENTS, CONDITIONED EQUALLY IN EITHER EVENT UPON "QUARTERS NOT BEING AVAILABLE.' THE QUARTERS THE AVAILABILITY OF WHICH IS IN QUESTIONARE QUARTERS FOR THE OFFICER HIMSELF INDEPENDENTLY OF THEIR ACTUAL OCCUPANCY BY HIS DEPENDENTS. THE TEST OF THEIR AVAILABILITY IS WHETHER THEY ARE AVAILABLE FOR HIM, WHETHER HE IN FACT OCCUPIES THEM OR WHETHER HE DOES NOT, OR WHETHER IF HE OCCUPIES THEM HIS DEPENDENTS CAN OR CAN NOT SHARE THEM. THE STATUTE IN SUCH A CASE CONFERS NO DIRECT RIGHT ON THE DEPENDENTS TO QUARTERS IN KIND, EITHER FOR OCCUPANCY OF THE QUARTERS WITH THE OFFICER OR OTHERWISE, NOR UPON THE OFFICER TO QUARTERS THAT SHALL BE AVAILABLE FOR HIS DEPENDENTS, NOR TO ANY INCREASED RENTAL ALLOWANCE BECAUSE HE HAS DEPENDENTS. THE OFFICER THEREFORE DOES NOT ACQUIRE THE STATUS OF QUARTERS BEING "NOT AVAILABLE" AND CONSEQUENT RIGHT TO RENTAL ALLOWANCE BECAUSE OF THE FACT THAT HIS DEPENDENTS IF HE HAVE ANY ARE NOT FURNISHED QUARTERS WITH HIM.

COUPLED WITH THE RIGHT OF WARRANT OFFICERS TO A RENTAL ALLOWANCE UNDER SECTIONS 11 AND 6 OF THE ACT OF JUNE 10, 1922, IS THEIR RIGHT UNDER SECTION 21 OF THE ACT TO RETAIN THE FORMER RIGHT, IF ANY, THEY MAY HAVE POSSESSED TO QUARTERS IN KIND. THIS DOES NOT, HOWEVER, ALTER THE SITUATION. THE RIGHT, IF ANY, TO QUARTERS IN KIND THAT COULD BE RETAINED BY A COAST GUARD WARRANT OFFICER STATIONED IN THE UNITED STATES WOULD BE ONE THAT WOULD LIKEWISE BE MET OR SATISFIED BY THE FURNISHING OF QUARTERS TO THE WARRANT OFFICER HIMSELF ALONE AND INDEPENDENTLY OF HIM HAVING DEPENDENTS, OR, IF HE HAD THEM, WHETHER THEY COULD OR DID SHARE HIS QUARTERS WITH HIM, AND WHETHER THE QUARTERS THUS AVAILABLE FOR HIMSELF CONSISTED OF ONE ROOM ONLY.

IT IS THEREFORE CONCLUDED THAT QUARTERS ARE AVAILABLE FOR WARRANT OFFICERS SERVING IN THE UNITED STATES AT COAST GUARD STATIONS WHEN AVAILABLE FOR AND OCCUPIED BY THEMSELVES SEPARATELY AND APART FROM ANY DEPENDENTS THEY MAY POSSESS, AND INDEPENDENTLY OF WHETHER SUCH DEPENDENTS THEY MAY POSSESS, AND INDEPENDENTLY OF WHETHER SUCH DEPENDENTS ARE EXCLUDED THEREFROM BY INADEQUACY OR OTHERWISE, AND THAT THE RENTAL ALLOWANCE DOES NOT ACCRUE TO WARRANT OFFICERS OF THE COAST GUARD SO SITUATED.