B-85980, MAY 20, 1949, 28 COMP. GEN. 671

B-85980, MAY 20, 1949, 28 COMP. GEN. 671

QUARTERS - RENTAL ALLOWANCE - RESERVE OFFICER ON ACTIVE DUTY A MARINE CORPS RESERVE OFFICER, WITHOUT DEPENDENTS, WHO WAS ORDERED FROM HIS HOME OF RECORD WHERE HE MAINTAINED A PRIVATE RESIDENCE TO ACTIVE DUTY WITH THE REGULAR ESTABLISHMENT--- AS DISTINGUISHED FROM ACTIVE DUTY IN CONNECTION WITH RESERVE ACTIVITIES--- AND WHO OCCUPIED ASSIGNED GOVERNMENT QUARTERS AT THE PLACE OF ACTIVE DUTY, IS TO BE REGARDED AS HAVING OCCUPIED ASSIGNED QUARTERS AT HIS PERMANENT STATION WITHIN THE MEANING OF SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, SO AS TO BE PRECLUDED THEREUNDER FROM RECEIVING RENTAL ALLOWANCE FOR THE PERIOD OF ACTIVE DUTY AS AN OFFICER WITHOUT DEPENDENTS, EVEN THOUGH HIS ACTIVE DUTY WAS LIMITED BY HIS ORDERS.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. W. SANDUSKY, U.S. MARINE CORPS, MAY 20, 1949:

BY FIRST ENDORSEMENT OF MAY 2, 1949, OF THE QUARTERMASTER GENERAL OF THE MARINE CORPS, THERE WAS FORWARDED TO THIS OFFICE YOUR LETTER DATED APRIL 27, 1949, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER, SUBMITTED THEREWITH, STATED IN FAVOR OF FIRST LIEUTENANT EDWARD F. MCDONALD 1045081, UNITED STATES MARINE CORPS RESERVE, COVERING RENTAL ALLOWANCE AS FOR AN OFFICER WITHOUT DEPENDENTS FOR THE PERIOD FORM NOVEMBER 29, 1948, TO MARCH 18, 1949, WHILE ON ACTIVE DUTY PURSUANT TO ORDERS DATED NOVEMBER 17, 1948, HEADQUARTERS, U.S. MARINE CORPS.

A COPY OF THE SAID ORDERS, SUBMITTED WITH YOUR LETTER, SHOWS THAT THE OFFICER WAS DIRECTED TO REPORT ON DECEMBER 1, 1948, TO THE COMMANDING GENERAL, TROOP TRAINING UNIT, AMPHIBIOUS TRAINING COMMAND, ATLANTIC FLEET, FOR DUTY WITH THAT UNIT AND UPON COMPLETION OF THE SAID DUTY, AND WHEN DIRECTED BY THE COMMANDING GENERAL, TROOP TRAINING UNIT, AMPHIBIOUS TRAINING COMMAND, ATLANTIC FLEET, ON OR ABOUT MARCH 31, 1949, TO RETURN TO HIS PRESENT LOCATION AND UPON ARRIVAL THEREAT TO STAND RELEASED FROM ACTIVE DUTY. THE SAID ORDERS FURTHER STATED THAT THE OFFICER WAS NOT BEING ASSIGNED TO ACTIVE DUTY IN CONNECTION WITH RESERVE ACTIVITIES BUT WITH THE REGULAR ESTABLISHMENT. IN YOUR LETTER YOU STATE THAT LIEUTENANT MCDONALD REPORTED AS DIRECTED BY THE SAID ORDERS; THAT HE WAS FURNISHED AND OCCUPIED GOVERNMENT QUARTERS AT THE NAVAL AMPHIBIOUS BASE, LITTLE CREEK, VIRGINIA, FOR THE PERIOD FROM DECEMBER 1, 1948, TO MARCH 17, 1949; AND THAT HE STATES THAT IT WAS NECESSARY FOR HIM TO MAINTAIN A PRIVATE RESIDENCE AT 125 ELIOT STREET, BROOKLINE, MASSACHUSETTS, DURING THE SAID PERIOD.

SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, PUBLIC LAW 460, 80TH CONGRESS, 62 STAT. 88, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(A) OFFICERS, WARRANT OFFICERS, AND ENLISTED PERSONNEL OF THE RESERVE COMPONENTS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY, NAVY, MARINE CORPS, COAST GUARD, OR PUBLIC HEALTH SERVICE.

SECTION 6 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY THE ACT OF MARCH 6, 1943, 57 STAT. 13, INSOFAR AS IS HERE MATERIAL, PROVIDES:

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER HAVING NO DEPENDENTS WHILE HE IS ON FIELD DUTY UNLESS HIS COMMANDING OFFICER CERTIFIES THAT HE WAS NECESSARILY REQUIRED TO PROCURE QUARTERS AT HIS OWN EXPENSE, OR WHILE ON SEA DUTY, EXCEPT FOR TEMPORARY PERIODS OF SEA DUTY NOT EXCEEDING THREE MONTHS, NOR SHALL ANY RENTAL ALLOWANCE ACCRUE TO AN OFFICER WITH OR WITHOUT DEPENDENTS WHO IS ASSIGNED QUARTERS AT HIS PERMANENT STATION UNLESS A COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED CERTIFIES THAT SUCH QUARTERS ARE NOT OCCUPIED BECAUSE OF BEING INADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS, IF ANY, AND SUCH CERTIFICATIONS SHALL BE CONCLUSIVE * * *.

SINCE IT APPEARS THAT LIEUTENANT MCDONALD WAS ASSIGNED TO ACTIVE DUTY IN CONNECTION WITH THE REGULAR ESTABLISHMENT, THE PLACE TO WHICH HE WAS ASSIGNED FOR THE PERFORMANCE OF HIS DUTIES WAS HIS PERMANENT STATION, AND SINCE HE WAS ASSIGNED QUARTERS AT THAT STATION FOR HIS OWN OCCUPANCY, AND BEING WITHOUT DEPENDENTS, HE IS NOT ENTITLED TO RENTAL ALLOWANCE EVEN THOUGH HIS ACTIVE DUTY WAS LIMITED BY HIS ORDERS. SEE 20 COMP. GEN. 432. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER WHICH, TOGETHER WITH THE SUPPORTING PAPERS SUBMITTED WITH YOUR LETTER, IS RETAINED IN THIS OFFICE.