B-5798, FEBRUARY 9, 1940, 19 COMP. GEN. 712

B-5798, FEBRUARY 9, 1940, 19 COMP. GEN. 712

QUARTERS AND SUBSISTENCE ALLOWANCES - ARMY ENLISTED MAN ON FURLOUGH FROM OLD STATION PENDING TRANSFER TO NEW STATION WHERE ARMY ENLISTED MAN WAS ASSIGNED TO QUARTERS IN KIND AND HENCE WAS NOT RECEIVING QUARTERS ALLOWANCE ON THE DAY BEFORE HE WENT ON AUTHORIZED FURLOUGH WITH INSTRUCTIONS TO REPORT, UPON EXPIRATION THEREOF, AT THE PLACE OF EMBARKATION FOR A NEW STATION TO WHICH HE HAD BEEN ORDERED, HE MAY NOT BE PAID QUARTERS ALLOWANCE DURING THE FURLOUGH EVEN THOUGH SUCH ALLOWANCE IS AUTHORIZED IN THE ORDERS, SUCH ORDER BEING CONTRARY TO THE PROVISIONS OF THE ACT OF APRIL 15, 1926, WHICH REQUIRES THE RECEIPT OF SUCH ALLOWANCE AT THE PERMANENT STATION AS A PREREQUISITE TO ITS CONTINUANCE WHILE ABSENT THEREFROM. AN ARMY ENLISTED MAN WHO WAS RECEIVING A FRACTIONAL PER DIEM ALLOWANCE IN LIEU OF SUBSISTENCE AT HIS PERMANENT STATION AT THE TIME HE WAS GRANTED FURLOUGH WITH INSTRUCTIONS TO REPORT, UPON EXPIRATION THEREOF, AT THE PLACE OF EMBARKATION FOR A NEW STATION TO WHICH HE HAD BEEN ORDERED EFFECTIVE AS OF THE DATE OF THE EXPIRATION OF THE FURLOUGH, IS ENTITLED, UNDER THE APPLICABLE ARMY REGULATIONS, TO THE FURLOUGH RATION DURING THE PERIOD OF SUCH ABSENCE FROM PERMANENT STATION, AND NOT TO THE SUBSISTENCE ALLOWANCE AUTHORIZED BY THE ACT OF APRIL 15, 1926, AS AMENDED, EVEN THOUGH PAYMENT OF THE LATTER ALLOWANCE IS PROVIDED FOR IN THE ORDERS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CLAYTON E. BRACKIN, UNITED STATES ARMY, FEBRUARY 9, 1940:

THERE HAVE BEEN RECEIVED YOUR LETTERS REQUESTING A REVIEW OF SETTLEMENT NO. 10544842 (CLAIM NO. 10795711), DATED JUNE 12, 1939, BY WHICH YOU WERE ALLOWED THE SUM OF $43.45, REPRESENTING RATIONS AND QUARTERS ALLOWANCE FOR THE PERIOD OF YOUR SERVICE IN THE ARMY AS AN ENLISTED MAN FROM OCTOBER 1 TO NOVEMBER 12, 1938, INCLUSIVE. THAT AMOUNT CONSISTED OF QUART ALLOWANCE FOR 43 DAYS AT 75 CENTS PER DAY, $32.25, AND SUBSISTENCE ALLOWANCE FOR 28 DAYS (EXCLUSIVE OF SATURDAYS, SUNDAYS, AND HOLIDAYS) AT 40 CENTS PER DAY (ONE-THIRD OF $1.20), $11.20.

YOU STATE YOU ARE IN AGREEMENT WITH THE AMOUNT OF $32.25, THAT UNDER THE AUTHORITY CONTAINED IN SPECIAL ORDERS NO. 232, FORT HAYES, OHIO, DATED OCTOBER 1, 1938, YOU WERE AUTHORIZED $1.95 PER DIEM FOR QUARTERS AND RATIONS WHICH SHOULD AMOUNT TO 43 DAYS AT $1.95 PER DIEM, OR A TOTAL SUM OF 83.85; THAT YOU RECEIVED A CHECK FROM THIS OFFICE IN THE AMOUNT OF $43.45, AND THEREFORE SHOULD RECEIVE THE UNPAID BALANCE OF $40.40.

THE RECORDS ON FILE IN THIS OFFICE SHOW THAT YOU REENLISTED AT COROZAL, C.Z., DECEMBER 9, 1935, AS TECHNICAL SERGEANT, FOR 3 YEARS, FOR DETACHMENT, ENGINEERS, P.P.G. DEPOT, COROZAL, C.Z., TRANSFERRED TO ENGINEERS, UNASSIGNED, AND LEFT BALBOA, C.Z., MARCH 17, 1937, ARRIVING AT BROOKLYN, N.Y., MARCH 23, 1937, ASSIGNED TO ENGINEER DETACHMENT, WRIGHT FIELD, OHIO, MARCH 24, 1937.

PARAGRAPH 6, SPECIAL ORDERS NO. 211, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, COLUMBUS, OHIO, DATED SEPTEMBER 7, 1938, PROVIDES AS FOLLOWS:

IN COMPLIANCE WITH WAR DEPARTMENT LETTER DATED AUGUST 30, 1938 ( AG 220.31 P.C. DEPT. (8-12-38) ENL.), TECHNICAL SERGEANT CLAYTON E. BRACKIN, R-157218, ENGINEER DETACHMENT, WRIGHT FIELD, DAYTON, OHIO, IS TRANSFERRED IN GRADE TO ENGINEERS, PANAMA CANAL DEPARTMENT, FOR A TOUR OF FOREIGN SERVICE (AS REPLACEMENT FOR TECHNICAL SERGEANT NEWELL F. JOHNSTONE, R- 638384, ENGINEERS, WHO IS TO BE ASSIGNED TO WRIGHT FIELD, DAYTON, OHIO), EFFECTIVE NOVEMBER 12, 1938, ON WHICH DATE HE WILL PROCEED WITHOUT DELAY TO THE NEW YORK PORT OF EMBARKATION, 58TH STREET AND ST AVENUE, BROOKLYN, NEW YORK, REPORTING UPON ARRIVAL TO THE COMMANDING GENERAL FOR TRANSPORTATION ON THE TRANSPORT SCHEDULED TO SAIL FROM NEW YORK ON OR ABOUT NOVEMBER 15, 1938, FOR PANAMA. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. TRAVEL BY PRIVATELY OWNED CONVEYANCE WITHOUT DELAY IS AUTHORIZED. FD 1401 P 50 0623, 82-0600 A 10410-0 AND QM 1600 P 61-0700 A 10525-9. IT BEING IMPRACTICABLE FOR THE GOVERNMENT TO FURNISH COOKING FACILITIES FOR RATIONS, THE FINANCE DEPARTMENT WILL PAY IN ADVANCE THE MONETARY TRAVEL ALLOWANCE PRESCRIBED IN TABLE II, PARAGRAPH 2A, AR 35- 4520, AT THE RATE OF $2.25 PER DAY FOR RATIONS FOR ONE MAN FOR ONE (1) DAY FD 1400 P 50-0623 A 10410-9. (AG 220.33/414.)

PARAGRAPH 20, SPECIAL ORDERS NO. 232, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, COLUMBUS, OHIO, DATED OCTOBER 1, 1938, PROVIDES:

UNDER THE PROVISIONS OF TABLE I, PAR. 2A, AR 35-4520, TECHNICAL SERGEANT CLAYTON E. BRACKIN, R-157218, ENGINEER DETACHMENT, WRIGHT FIELD, DAYTON, OHIO, WILL BE PAID THE MONETARY ALLOWANCE OF $1.95 PER DAY IN LIEU OF QUARTERS AND RATIONS FOR THE PERIOD OCTOBER 1 TO NOVEMBER 12, 1938, BOTH DATES INCLUSIVE, IT BEING IMPRACTICABLE FOR THE GOVERNMENT TO FURNISH SAME IN KIND. FD 111 P 20-0140 A 10405-9 AND QM 8 P 3-0340 A 10505-9.

VOUCHER NO. 1745, SEPTEMBER 1938, ACCOUNTS OF F. E. COYNE, JR., CAPTAIN, F.D., UNITED STATES ARMY, PAY ROLL OF THE ENGINEER DETACHMENT, WRIGHT FIELD, DAYTON, OHIO, FOR THE MONTH OF SEPTEMBER 1938, CONTAINS THE STATEMENT UNDER THE NAME OF SERGEANT BRACKIN," MONETARY ALWS. OF $0.40 PER DAY IN LIEU OF RATIONS, EXCL. SUN., SAT., AND HOLIDAYS, PER PAR. 11, S.O. 241 HQ. 5TH CA 10/13/37," AND SHOWS THAT YOU WERE PAID THE ALLOWANCE ACCORDINGLY FOR THAT MONTH.

A COPY OF YOUR FURLOUGH CERTIFICATE, ON FILE IN THIS CASE, SHOWS THAT ON SEPTEMBER 13, 1938, THE COMMANDING OFFICER, WRIGHT FIELD, DAYTON, OHIO, GRANTED YOU A FURLOUGH FOR 42 DAYS FROM OCTOBER 1 TO NOVEMBER 11, 1938, INCLUSIVE, WITH INSTRUCTIONS TO REPORT FOR DUTY ON OR BEFORE NOVEMBER 12, 1938, TO THE COMMANDING OFFICER, OVERSEAS DISCHARGE AND REPLACEMENT DEPOT, BROOKLYN, N.Y., AND THAT YOU REPORTED AT THE LATTER PLACE ON NOVEMBER 12, 1938.

THE ACT OF APRIL 15, 1926, 44 STAT. 257, AS AMENDED BY THE ACT OF JUNE 20, 1936, 49 STAT. 1545, PROVIDES:

* * * THAT HEREAFTER ENLISTED MEN OF THE ARMY, NAVY, AND MARINE CORPS, INCLUDING THE MEMBERS OF THE UNITED STATES ARMY, NAVY, AND MARINE CORPS BANDS AND THE NAVAL ACADEMY BAND, ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE, SHALL CONTINUE, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, TO RECEIVE SUCH ALLOWANCES WHILE SICKIN HOSPITAL OR ABSENT FROM THEIR PERMANENT DUTY STATIONS IN A PAY STATUS: PROVIDED FURTHER, THAT ALLOWANCES FOR SUBSISTENCE SHALL NOT ACCRUE TO SUCH AN ENLISTED MAN WHILE HE IS IN FACT BEING SUBSISTED AT GOVERNMENT EXPENSE.

ARMY REGULATIONS NO. 35-4520, DATED JANUARY 10, 1931, PROVIDE AS FOLLOWS:

3.WHEN PAYABLE.--- A. (AS CHANGED BY CL., FEB. 6, 1932.) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS B AND 4, THE MONETARY ALLOWANCES IN LIEU OF RATIONS AND QUARTERS IN KIND, AS DEFINED IN B AND C BELOW, WILL BE PAID UNDER THE FOLLOWING CONDITIONS:

(2) TRAVEL STATUS.--- WHEN TRAVELING WHERE IT IS IMPRACTICABLE TO FURNISH COOKING FACILITIES EN ROUTE, OR WHEN REIMBURSEMENT OF ACTUAL EXPENSES IS NOT AUTHORIZED. ( CHANGES NO. 3, FEB. 25, 1937.)

D. ALLOWANCES FOR FRACTIONAL PARTS OF DAYS.--- ENLISTED MEN ON DUTY (AS DISTINGUISHED FROM TRAVEL STATUS), WHERE IT IS IMPRACTICABLE TO FURNISH THREE MEALS IN KIND PER DAY, MAY BE PAID AN ALLOWANCE IN LIEU OF SUBSISTENCE AT ONE-THIRD THE RATE PRESCRIBED IN TABLE I, PARAGRAPH 2A FOR EACH MEAL NOT FURNISHED IN KIND. CORPS AREA COMMANDERS, IN THE ISSUANCE OF ORDERS AUTHORIZING PAYMENT OF THE FRACTIONAL ALLOWANCE PRESCRIBED IN THIS PARAGRAPH WILL LIMIT SUCH AUTHORITY TO THE DAYS ON WHICH BY REASON OF DUTY CONDITIONS IT IS IMPRACTICABLE TO FURNISH CERTAIN MEALS, AND WILL EXCLUDE THEREFROM ANY INTERVENING DAYS (SUCH AS SUNDAYS OR HOLIDAYS IF SUCH BE THE CASE) ON WHICH MESSING FACILITIES ARE ACCESSIBLE FOR ALL MEALS. SEE 8 COMP. GEN. 4.

5. BY WHOM AUTHORIZED. * * *

B. TRAVEL STATUS.--- WHEN A TRAVEL STATUS IS INVOLVED, THE MONETARY ALLOWANCES IN LIEU OF RATIONS AND QUARTERS WILL, IF PROCUREMENT AUTHORITIES ARE AVAILABLE, BE AUTHORIZED BY THE OFFICER ISSUING THE TRAVEL ORDERS.

8. FURLOUGHS. * * *

D. OVERSTAYING OF FURLOUGH.--- FURLOUGH ALLOWANCES ARE NOT PAYABLE IF A FURLOUGH IS OVERSTAYED, UNLESS THE OVERSTAYING IS EXCUSED BY THE COMMANDING OFFICER, IN WHICH EVENT PAYMENT MAY BE MADE FOR THE ENTIRE PERIOD OF THE ABSENCE, AUTHORIZED AND EXCUSED.

E. FURLOUGH ALLOWANCES ARE PAYABLE DURING PERIODS OF DELAY AUTHORIZED IN PARAGRAPH 3, AR 615-275.

F. IN LIEU OF THE AUTHORIZED FURLOUGH RATES, ENLISTED MEN ON FURLOUGH FROM STATIONS WHERE THEY ARE IN RECEIPT OF THE MONETARY ALLOWANCE IN LIEU OF RATIONS OR QUARTERS OR BOTH, WILL, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, CONTINUE TO RECEIVE SUCH ALLOWANCES DURING THE PERIOD OF FURLOUGH INCLUDING ANY AUTHORIZED DELAYS.

G. IF AN ENLISTED MAN TAKES A FURLOUGH WHILE IN RECEIPT OF THE FRACTIONAL ALLOWANCE IN LIEU OF SUBSISTENCE PRESCRIBED IN PARAGRAPH 3D, HIS ALLOWANCE RIGHTS DURING SUCH FURLOUGH WILL BE AS PRESCRIBED IN D AND E ABOVE. SEE 8 COMP. GEN. 4.

10-B-/4) WHEN REPORTING AT A STATION OTHER THAN THAT OF HIS ORGANIZATION. --- WHEN A FURLOUGH GRANTED AN ENLISTED MAN REQUIRES HIM TO REPORT FOR DUTY, AT THE EXPIRATION THEREOF, AT A STATION OTHER THAN THAT OF HIS ORGANIZATION, THE DATES ON WHICH HE REPORTS AT AND LEAVES SUCH A STATION WILL BE CERTIFIED TO ON THE FURLOUGH BY A COMMISSIONED OFFICER. THIS CERTIFICATE WILL INCLUDE INFORMATION AS TO THE PERIOD, IF ANY, FOR WHICH SUBSISTENCE WAS FURNISHED THE ENLISTED MAN WHILE AT THAT STATION. SEE ALSO PARAGRAPH 14 A (1).

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES THAT TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE. THE ACT OF APRIL 15, 1926, AS AMENDED, PROVIDES THAT ENLISTED MEN OF THE ARMY ENTITLED TO RECEIVE ALLOWANCES FOR QUARTERS AND SUBSISTENCE, SHALL CONTINUE, WHILE THEIR PERMANENT STATIONS REMAIN UNCHANGED, TO RECEIVE SUCH ALLOWANCES WHILE ABSENT FROM THEIR PERMANENT DUTY STATIONS IN A PAY STATUS. THE RECORDS SHOW THAT THE ASSIGNMENT TO YOU OF QUARTERS NO. 35 E AND NO. 35-F, AT PATTERSON FIELD, FAIRFIELD, OHIO, EFFECTIVE OCTOBER 1, 1937, BY PARAGRAPH 4, SPECIAL ORDERS NO. 148, PATTERSON FIELD, FAIRFIELD, OHIO, DATED SEPTEMBER 29, 1937, WAS TERMINATED EFFECTIVE SEPTEMBER 30, 1938, BY PARAGRAPH 6, SPECIAL ORDERS NO. 144, OF THE SAME STATION, DATED SEPTEMBER 7, 1938. YOU WERE NOT ENTITLED TO NOR RECEIVING QUARTERS ALLOWANCE ON SEPTEMBER 30, 1938, AND YOU WENT ON FURLOUGH OCTOBER 1, 1938, WITH INSTRUCTIONS TO REPORT UPON EXPIRATION THEREOF TO THE COMMANDING OFFICER, OVERSEAS DISCHARGE AND REPLACEMENT DEPOT, BROOKLYN, NEW YORK. NO DUTY AT WRIGHT FIELD WAS CONTEMPLATED AFTER SEPTEMBER 30, 1938. THEREFORE PARAGRAPH 20, SPECIAL ORDERS NO. 232, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, COLUMBUS, OHIO, DATED OCTOBER 1, 1938, DATE YOU WENT ON FURLOUGH, AUTHORIZING PAYMENT TO YOU OF QUARTERS AND SUBSISTENCE ALLOWANCE FOR THE PERIOD YOU WERE ON FURLOUGH, NAMELY OCTOBER 1 TO NOVEMBER 12, 1938, INCLUSIVE, WAS CONTRARY TO THE PROVISIONS STATUTE, YOUR CASE NOT COMING WITHIN THE PROVISIONS OF THE ACT OF APRIL 15, 1926, AS AMENDED. YOU WERE NOT ENTITLED TO THE SUM OF $32.25 QUARTERS ALLOWANCE FOR THE PERIOD OCTOBER 1 TO NOVEMBER 12, 1938, INCLUSIVE.

IT ALSO APPEARS FROM THE FOREGOING THAT YOU WERE ON PERMANENT DUTY AT WRIGHT FIELD, DAYTON, OHIO, WHERE YOU WERE RECEIVING THE FRACTIONAL ALLOWANCE OF 40 CENTS PER DAY IN LIEU OF SUBSISTENCE; THAT YOU WENT ON FURLOUGH FOR THE PERIOD FROM OCTOBER 1 TO NOVEMBER 11, 1938, INCLUSIVE, WITH INSTRUCTIONS TO REPORT AT EXPIRATION OF FURLOUGH, THAT IS, ON NOVEMBER 12, 1938, TO THE COMMANDING OFFICER, OVERSEAS DISCHARGE AND REPLACEMENT DEPOT, BROOKLYN, NEW YORK; THAT YOU WERE RELIEVED FROM DUTY AT WRIGHT FIELD, DAYTON, OHIO, EFFECTIVE NOVEMBER 12, 1938, ON WHICH DATE YOU REPORTED AT BROOKLYN, N.Y., FROM FURLOUGH, AND EN ROUTE TO THE PANAMA CANAL ZONE FOR STATION.

PARAGRAPH 8G OF THE REGULATIONS, QUOTED ABOVE, PROVIDES THAT IF AN ENLISTED MAN TAKES A FURLOUGH WHILE IN RECEIPT OF THE FRACTIONAL ALLOWANCE IN LIEU OF SUBSISTENCE PRESCRIBED IN PARAGRAPH 3D OF THE REGULATIONS HIS ALLOWANCE RIGHTS DURING THE FURLOUGH WILL BE THAT OF THE FURLOUGH RATION. SEE 8 COMP. GEN. 4. CHANGES NO. 3, ARMY REGULATIONS NO. 35-4520, DATED FEBRUARY 25, 1937, PROVIDE IN PARAGRAPH 8C THAT THE PERIOD COVERED BY A FURLOUGH WILL BEGIN ON THE DAY OF DEPARTURE AND WILL END ON THE DAY BEFORE THE DAY OF RETURN.

IN VIEW OF THE FOREGOING YOU WERE ENTITLED TO THE FURLOUGH RATION OF 45 CENTS PER DAY FOR THE PERIOD OCTOBER 1 TO NOVEMBER 11, 1938, INCLUSIVE, 42 DAYS, AMOUNTING TO $18.90. SUBTRACTING THE SUM OF $18.90, DUE YOU FOR FURLOUGH RATIONS, FROM THE SUM OF $43.45, ALLOWED YOU IN THE SETTLEMENT OF JUNE 12, 1939, LEAVES YOU INDEBTED TO THE UNITED STATES IN THE SUM OF $24.55, AND THAT AMOUNT SHOULD BE REMITTED TO THIS OFFICE. THE SETTLEMENT OF JUNE 12, 1939, IS REVISED ACCORDINGLY.