B-15346, MARCH 17, 1941, 20 COMP. GEN. 522

B-15346, MARCH 17, 1941, 20 COMP. GEN. 522

QUARTERS ALLOWANCE - ENLISTED MEN OF THE NAVY AND MARINE CORPS AND RESERVE AND RETIRED COMPONENTS THEREOF THE MONEY ALLOWANCES FOR QUARTERS AUTHORIZED BY LAW, REFERRED TO IN THE ACT OF OCTOBER 17, 1940, APPLICABLE TO ENLISTED MEN OF THE FIRST, SECOND, AND THIRD GRADES OF THE ARMY OF THE UNITED STATES ARE "ALLOWANCES" WITHIN THE CONTEMPLATION OF THE ASSIMILATING PROVISIONS OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AND ENLISTED MEN OF THE NAVY OF CORRESPONDING GRADES ARE, ACCORDINGLY, ENTITLED TO THE BENEFITS OF THE FORMER ACT. ENLISTED MEN OF THE NAVY AND MARINE CORPS AND OF THE RESERVE AND RETIRED COMPONENTS THEREOF ON ACTIVE DUTY, OF THE FIRST THREE PAY GRADES, WHO ARE NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, ARE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS AS PROVIDED BY THE ACT OF OCTOBER 17, 1940, AND EXECUTIVE ORDER NO. 8688, FEBRUARY 19, 1941, FOR PERIODS DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR THEIR DEPENDENTS. ENLISTED MEN OF THE NAVAL RESERVE OF THE FIRST THREE PAY GRADES ON TRAINING DUTY ARE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS UNDER THE SAME CONDITIONS AS ENLISTED MEN OF THE REGULAR NAVY. THE MONEY VALUE OF ALLOWANCES IS NOT PAYABLE TO ENLISTED MEN OF THE MILITARY OR NAVAL SERVICE IN A NONPAY STATUS WHILE ABSENT OVER LEAVE OR ABSENT WITHOUT LEAVE BUT DURING PERIODS OF ABSENCE DUE TO MISCONDUCT FOR CAUSES DESCRIBED IN THE ACT OF MAY 17, 1926, DETERMINED TO HAVE BEEN INCURRED UNDER CIRCUMSTANCES WHICH FORFEIT PAY, ONLY, PAYMENT OF QUARTERS ALLOWANCE FOR DEPENDENTS UNDER THE ACT OF OCTOBER 17, 1940, WOULD BE AUTHORIZED. EXECUTIVE ORDER NO. 8688, FEBRUARY 19, 1941, PROMULGATED PURSUANT TO THE ACT OF OCTOBER 17, 1940, PRECLUDES PAYMENT TO AN ENLISTED MAN OF A MONEY ALLOWANCE FOR QUARTERS FOR HIS DEPENDENTS WHILE HE IS RECEIVING A MONEY ALLOWANCE FOR QUARTERS NOT FURNISHED IN KIND FOR HIS PERSONAL USE WHILE IN A NONTRAVEL STATUS. A NAVY ENLISTED MAN IN A TRAVEL STATUS AND PAID A QUARTERS ALLOWANCE AS A SUBSTITUTE FOR ACTUAL TRAVELING EXPENSES, UNDER TABLE NO. II, ARTICLE D- 10103, BUREAU OF NAVIGATION MANUAL, IS ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS FOR WHOM NO PUBLIC QUARTERS ARE PROVIDED OR AVAILABLE. ACCOMMODATIONS OF DEPENDENTS FURNISHED BY REASON OF THE CHANGE OF STATION OF ENLISTED MEN ARE INCIDENT TO THE FURNISHING OF TRANSPORTATION AND ARE NOT TO BE CONSIDERED THE EQUIVALENT OF PUBLIC QUARTERS SO AS TO DEPRIVE THE ENLISTED MEN OF THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS DURING THE NECESSARY TRAVEL OF THEIR DEPENDENTS. MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940, RELATING TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS OF ENLISTED MEN, ARE ENTITLED TO THE BENEFITS PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 (B) OF EXECUTIVE ORDER NO. 8688, FEBRUARY 19, 1941, PROMULGATED PURSUANT TO SAID ACT. NAVY ENLISTED MEN RATED AS OFFICERS' STEWARDS AND COOKS, FIRST CLASS, OFFICERS' STEWARDS AND COOKS, SECOND CLASS, AND MUSICIANS, FIRST CLASS, ARE NOT ENTITLED TO AN ALLOWANCE FOR QUARTERS FOR DEPENDENTS AS PROVIDED FOR ARMY ENLISTED MEN OF THE FIRST, SECOND, AND THIRD GRADES BY THE ACT OF OCTOBER 17, 1940.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, MARCH 17, 1941:

I HAVE YOUR LETTER OF MARCH 5, 1941, WITH ENCLOSURES, AS FOLLOWS:

THERE IS FORWARDED HEREWITH A LETTER FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED MARCH 4, 1941, WITH ACCOMPANYING CORRESPONDENCE, RELATIVE TO THE MATTER OF QUARTERS ALLOWANCE TO WHICH ENLISTED MEN ARE ENTITLED UNDER THE PROVISIONS OF EXISTING LAW AND REGULATIONS ISSUED PURSUANT THERETO, WITH REQUEST FOR AN ADVANCE DECISION ON EACH QUESTION THEREIN PRESENTED, AS FOLLOWS:

(1) WHETHER, UNDER THE PROVISIONS OF THE ACT OF OCTOBER 17, 1940 ( PUB., NO. 872, 76TH CONGRESS), AND EXECUTIVE ORDER OF FEBRUARY 19, 1941, NO. 8688, ISSUED PURSUANT THERETO, ENLISTED MEN OF THE NAVY AND MARINE CORPS, THE RESERVE AND RETIRED COMPONENTS THEREOF, WHEN ON ACTIVE DUTY, AND MEMBERS OF THE INSULAR FORCE, OF THE FIRST THREE PAY GRADES, WHO ARE NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630; 37 U.S.C. 19), ARE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS EFFECTIVE OCTOBER 17, 1940, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR THEIR DEPENDENTS.

(2) WHETHER MEMBERS OF THE NAVAL RESERVE OF THE FIRST THREE PAY GRADES ON TRAINING DUTY ARE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS UNDER THE SAME CONDITIONS AS ENLISTED MEN OF THE REGULAR NAVY.

(3) WHETHER ENLISTED MEN, OTHERWISE ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS UNDER THE ACT OF OCTOBER 17, 1940, SUPRA, ARE ENTITLED TO SUCH ALLOWANCES DURING PERIODS OF ABSENCE DUE TO MISCONDUCT, ABSENCE OVER LEAVE, OR ABSENCE WITHOUT LEAVE.

(4) WHETHER, BY ASSIMILATION, ENLISTED MEN OF THE NAVY ARE ENTITLED TO MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS FOR WHOM PUBLIC QUARTERS ARE NOT PROVIDED OR AVAILABLE FOR ANY PERIOD DURING WHICH:

(A) THE MAN IS ENTITLED TO QUARTERS ALLOWANCE IN HIS OWN RIGHT AS PRESCRIBED BY TABLE I, ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL, BECAUSE NO QUARTERS ARE FURNISHED FOR HIS PERSONAL USE AT THE SHORE STATION TO WHICH HE IS ATTACHED.

(B) THE MAN, WHILE ON SEA DUTY AND IN RECEIPT OF THE MONEY ALLOWANCE FOR QUARTERS FOR HIS DEPENDENTS, BECOMES ENTITLED TO QUARTERS ALLOWANCE IN HIS OWN RIGHT AS PRESCRIBED BY TABLE I, ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL, BECAUSE OF ABSENCE FROM HIS SHIP ON TEMPORARY DUTY NOT INVOLVING TRAVEL.

(C) THE MAN IS IN A TRAVEL STATUS, AND ENTITLED TO QUARTERS ALLOWANCE IN HIS OWN RIGHT UNDER TABLE II, ARTICLE D-10103, BUREAU OF NAVIGATION MANUAL.

(D) THE DEPENDENTS OF THE MAN ARE FURNISHED TRANSPORTATION EITHER BY GOVERNMENT CONVEYANCE OR AT THE EXPENSE OF THE GOVERNMENT.

(5) WHETHER ENLISTED MEN OF THE INSULAR FORCE OF THE FIRST THREE PAY GRADES ARE ENTITLED TO ACTUAL EXPENSES FOR LODGING AS PRESCRIBED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER NO. 8688, DATED FEBRUARY 19, 1941.

THE ACT OF OCTOBER 17, 1940, PUBLIC, NO. 872, 54 STAT. 1205, PROVIDES:

THAT EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE OF THE ARMY OF THE UNITED STATES IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, HAVING A DEPENDENT AS DEFINED IN SECTIONS 8 AND 8A, TITLE 37, U.S.C. SHALL, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, BE ENTITLED TO RECEIVE, FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONEY ALLOWANCE FOR QUARTERS AUTHORIZED BY LAWS TO BE GRANTED TO EACH ENLISTED MAN NOT FURNISHED QUARTERS IN KIND.

EXECUTIVE ORDER NO. 8688, DATED FEBRUARY 19, 1941, PROVIDES:

BY VIRTUE OF AND PURSUANT TO THE AUTHORITY VESTED IN ME BY THE ACT OF OCTOBER 17, 1940, PUBLIC NO. 872, 76TH CONGRESS, I HEREBY PRESCRIBE THE FOLLOWING REGULATIONS GOVERNING THE GRANTING OF ALLOWANCES FOR QUARTERS TO ENLISTED MEN OF THE FIRST, SECOND, AND THIRD GRADES OF THE ARMY OF THE UNITED STATES IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES HAVING DEPENDENTS, FOR PERIODS DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR THEIR DEPENDENTS:

1. DEFINITIONS.--- A. THE TERM "DEPENDENT" AS USED HEREIN SHALL INCLUDE AT ALL TIMES AND IN ALL PLACES A LAWFUL WIFE AND UNMARRIED CHILDREN UNDER TWENTY-ONE YEARS OF AGE. IT SHALL ALSO INCLUDE THE MOTHER OF THE ENLISTED MEN, PROVIDED SHE IS IN FACT DEPENDENT ON HIM FOR HER CHIEF SUPPORT ( U.S.C., TITLE 37, SEC. 8).

B. THE TERM "CHILDREN" AS USED IN SUBDIVISION A ABOVE, SHALL BE HELD TO INCLUDE LEGITIMATE CHILDREN, STEPCHILDREN, AND ADOPTED CHILDREN, WHERE SUCH LEGITIMATE CHILDREN, STEPCHILDREN, OR ADOPTED CHILDREN ARE IN FACT DEPENDENT UPON THE PERSON CLAIMING DEPENDENCY ALLOWANCE ( U.S.C., TITLE 37, SEC. 8A).

2. PAYMENTS.--- A. EFFECTIVE AS OF OCTOBER 17, 1940, EACH ENLISTED MAN OF THE FIRST, SECOND, OR THIRD GRADE OF THE ARMY OF THE UNITED STATES, OTHER THAN PHILIPPINE SCOUTS, IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES WHO IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630 ( U.S.C., TITLE 37, SEC. 19), AND WHO HAS A DEPENDENT AS DEFINED ABOVE, SHALL BE ENTITLED TO RECEIVE FOR ANY PERIOD DURING WHICH PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR HIS DEPENDENT, THE MONEY ALLOWANCES FOR QUARTERS PRESCRIBED FOR ENLISTED MEN IN A NONTRAVEL STATUS BY EXECUTIVE ORDER NO. 7293 OF FEBRUARY 14, 1936, OR ANY AMENDMENTS THERETO, ISSUED UNDER SECTION 11 OF THE SAID ACT OF JUNE 10, 1922.

B. PHILIPPINE SCOUTS, UNDER THE CONDITIONS OF SUBDIVISION A ABOVE, SHALL BE ENTITLED TO RECEIVE ACTUAL EXPENSES FOR LODGING NOT TO EXCEED FIFTY CENTS A DAY.

SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895, FIXED NEW MONTHLY BASE PAY RATES FOR CERTAIN GRADES OF ENLISTED MEN OF THE ARMY AND MARINE CORPS AND PROVIDED IN THE LAST SENTENCE THAT "ENLISTED MEN OF THE NAVY SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY AND MARINE CORPS.'

THE ACT OF JULY 1, 1918, 40 STAT. 718, 34 U.S.C. 911, PROVIDED THAT THE SECRETARY OF THE NAVY MAY DETERMINE WHERE AND WHEN THERE ARE ANY PUBLIC QUARTERS AVAILABLE FOR PERSONS IN THE NAVY AND MARINE CORPS, OR SERVING THEREWITH, WITHIN THE MEANING OF ANY ACTS OR PARTS OF ACTS RELATING TO THE ASSIGNMENT OF QUARTERS, AND SECTION 21 OF THE ACT OF JUNE 10, 1922, 42 STAT. 633, PROVIDED THAT NOTHING IN THAT ACT SHOULD OPERATE TO CHANGE IN ANY WAY EXISTING LAWS GOVERNING ALLOWANCES IN KIND FOR QUARTERS FOR ENLISTED MEN.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDED, IN PART:

* * * 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 VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY. THESE REGULATIONS SHALL BE UNIFORM FOR ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. * * * REGULATIONS HAVE BEEN PROMULGATED PERIODICALLY BY EXECUTIVE ORDERS FIXING THE ALLOWANCES FOR QUARTERS AND SUBSISTENCE FOR ENLISTED MEN OF THE MILITARY AND NAVAL SERVICES, DEPENDING UPON THE CONDITIONS UNDER WHICH THE DUTIES ARE PERFORMED, SUCH EXECUTIVE ORDERS BEING INCORPORATED IN AND INCLUDED AS PART OF THE REGULATIONS OF THE RESPECTIVE SERVICES. SEE AR 35 -4520 (2); ARTICLES D-10102-3, BUREAU OF NAVIGATION MANUAL; ARTICLE 14- 103, MARINE CORPS MANUAL, 1940. THE RATES FOR THE MONEY ALLOWANCE FOR QUARTERS AND SUBSISTENCE FOR ENLISTED MEN OF THE VARIOUS SERVICES NOT FURNISHED QUARTERS OR SUBSISTENCE IN KIND HAVE BEEN FIXED BY EXECUTIVE ORDERS UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, SUPRA, ON THE BASIS OF A NONTRAVEL STATUS AND UPON A TRAVEL STATUS, TABLE I COVERING RATES WHERE THE ENLISTED MAN IS IN A NONTRAVEL STATUS--- THE RATES OF THE MONEY ALLOWANCE WHILE IN A TRAVEL STATUS BEING COVERED BY TABLE II. THE RATES ARE AFFECTED, ALSO, BY THE PLACE WHERE THE MAN IS SERVING OR WHERE HE MAY BE TRAVELING.

SECTION 1612 OF THE REVISED STATUTES (34 U.S.C. 971) PROVIDES:

THE OFFICERS OF THE MARINE CORPS SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AND THE ENLISTED MEN SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND BOUNTY FOR REENLISTING, AS ARE OR MAY BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE OFFICERS AND ENLISTED MEN OF LIKE GRADES IN THE INFANTRY OF THE ARMY. IT HAS LONG BEEN HELD THAT THE PAY AND ALLOWANCES OF OFFICERS AND ENLISTED MEN OF THE MARINE CORPS, WHERE NOT OTHERWISE SPECIFICALLY PROVIDED FOR, ARE THE SAME AS THOSE PROVIDED FOR LIKE GRADES IN THE INFANTRY OF THE ARMY. REID V. UNITED STATES, 18 CT.1CLS. 625; BRISTOW V. UNITED STATES, 47 ID. 46; DECISION B-12967, DATED OCTOBER 25, 1940, AND CASES THEREIN CITED.

THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175 (34 U.S.C. 853, ET SEQ.), CREATED AND ESTABLISHED AS A PART OF THE NAVY A NAVAL RESERVE AND AS A PART OF THE MARINE CORPS A MARINE CORPS RESERVE, AND BY SECTION 7, 52 STAT. 1176, PROVIDED THAT:

* * * ENLISTED MEN OF THE NAVAL RESERVE * * * WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY * * * ENLISTED MEN OF THE REGULAR NAVY OF THE SAME RANK, GRADE, OR RATING, AND OF THE SAME LENGTH OF SERVICE * * *

THE ACT OF AUGUST 29, 1916, 39 STAT. 591 (34 U.S.C. 433), PROVIDES:

THE SECRETARY OF THE NAVY IS AUTHORIZED IN TIME OF WAR OR WHEN A NATIONAL EMERGENCY EXISTS TO CALL ANY ENLISTED MAN ON THE RETIRED LIST INTO ACTIVE SERVICE FOR SUCH DUTY AS HE MAY BE ABLE TO PERFORM. WHILE SO EMPLOYED SUCH ENLISTED MEN SHALL RECEIVE THE SAME PAY AND ALLOWANCES THEY WERE RECEIVING WHEN PLACED ON THE RETIRED LIST.

SECTION 17 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632 (37 U.S.C. 27), PROVIDES IN PART THAT: " RETIRED OFFICERS OF THE ARMY, NAVY, MARINE CORPS, * * * AND RETIRED WARRANT OFFICERS AND ENLISTED MEN OF THOSE SERVICES, SHALL, WHEN ON ACTIVE DUTY, RECEIVE FULL PAY AND ALLOWANCES.'

SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, PROVIDES: " THE RATES OF PAY OF THE INSULAR FORCE OF THE NAVY SHALL BE ONE-HALF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS.'

THE MONEY ALLOWANCES FOR QUARTERS AUTHORIZED BY LAW, REFERRED TO IN THE ACT OF OCTOBER 17, 1940, APPLICABLE TO ENLISTED MEN OF THE FIRST, SECOND, AND THIRD GRADES OF THE ARMY OF THE UNITED STATES, ARE "ALLOWANCES" WITHIN THE CONTEMPLATION OF THE LAST SENTENCE OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, SUPRA (SEE UNITED STATES V. LANDERS, 92 U.S. 77, 80), AND ENLISTED MEN OF THE NAVY OF CORRESPONDING GRADES ARE, ACCORDINGLY, ENTITLED TO THE BENEFITS OF THE LATTER ACT.

IN VIEW OF THE STATUTORY PROVISIONS QUOTED ABOVE, QUESTIONS 1 (EXCEPT AS TO THE INSULAR FORCE, AS TO WHICH SEE ANSWER TO QUESTION 5) AND 2 ARE ANSWERED IN THE AFFIRMATIVE.

ENLISTED MEN OF THE MILITARY OR NAVAL SERVICE ARE IN A NONPAY STATUS WHILE ABSENT OVER LEAVE OR ABSENT WITHOUT LEAVE; AND DURING SUCH PERIODS THE MONEY VALUE OF ALLOWANCES IS NOT PAYABLE TO THEM. DURING PERIODS OF ABSENCE DUE TO MISCONDUCT FOR CAUSES DESCRIBED IN THE ACT OF MAY 17, 1926, 44 STAT. 557 (34 U.S.C. 882 (A) ET SEQ.), PAY ONLY, AS DISTINGUISHED FROM ALLOWANCES, IS FORFEITED. WHERE THE ABSENCE DUE TO MISCONDUCT IS DETERMINED TO HAVE BEEN INCURRED UNDER CIRCUMSTANCES WHICH FORFEIT PAY ONLY, UNDER THE ACT OF MAY 17, 1926, SUPRA, PAYMENT OF QUARTERS ALLOWANCE FOR DEPENDENTS UNDER THE ACT OF OCTOBER 17, 1940, WOULD BE AUTHORIZED. SEE 6 COMP. GEN. 234. QUESTION 3 IS ANSWERED ACCORDINGLY.

THE EXECUTIVE ORDER OF FEBRUARY 19, 1941, PROMULGATED PURSUANT TO THE ACT OF OCTOBER 17, 1940, PROVIDES FOR PAYMENT OF THE MONEY ALLOWANCE FOR QUARTERS OF DEPENDENTS FOR WHOM PUBLIC QUARTERS ARE NOT PROVIDED OR AVAILABLE WHEN THE ENLISTED MAN IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS WHILE IN A NONTRAVEL STATUS. IF ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS NOT FURNISHED IN KIND FOR HIS PERSONAL USE WHILE IN A NONTRAVEL STATUS, THE EXECUTIVE ORDER PRECLUDES PAYMENT OF ANOTHER SIMILAR ALLOWANCE FOR HIS DEPENDENTS AND IT IS IMMATERIAL WHETHER THE PAYMENT THEREOF IS INCIDENT TO THE ENLISTED MAN'S STATUS WHILE ON TEMPORARY DUTY AWAY FROM HIS PERMANENT STATION, NOT IN A TRAVEL STATUS, OR BECAUSE QUARTERS ARE NOT FURNISHED AT HIS PERMANENT STATION. SINCE THE MEN REFERRED TO IN QUESTIONS 4 (A) AND 4 (B) ARE ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS FOR THEMSELVES WHILE IN A NONTRAVEL STATUS, PAYMENT OF AN ADDITIONAL ALLOWANCE FOR QUARTERS FOR DEPENDENTS WOULD NOT BE AUTHORIZED. THESE QUESTIONS ARE NECESSARILY ANSWERED IN THE NEGATIVE.

AS HEREINBEFORE STATED, EXECUTIVE ORDER NO. 8688 PROVIDES FOR PAYMENT OF THE ALLOWANCE FOR QUARTERS OF DEPENDENTS, OTHER CONDITIONS BEING MET, WHEN THE ENLISTED MAN IS NOT ENTITLED TO A MONEY ALLOWANCE FOR QUARTERS IN HIS OWN RIGHT WHILE IN A NONTRAVEL STATUS, THUS EXCEPTING FROM THE LIMITATION CASES WHERE THE ENLISTED MAN IS IN A TRAVEL STATUS INCURRING EXPENSES FOR TRANSIENT ACCOMMODATIONS, ETC., IT APPARENTLY BEING RECOGNIZED THAT THE QUARTERS ALLOWANCES PAYABLE UNDER TABLE NO. II, ARTICLE D-10103, BUREAU OF NAVIGATION MANUAL ( EXECUTIVE ORDER NO. 7293 OF FEBRUARY 14, 1936) WHILE IN A TRAVEL STATUS ARE A SUBSTITUTE FOR ACTUAL TRAVELING EXPENSES. COMP. GEN. 159, ALSO, 4 ID. 528. QUESTION 4 (C) IS ANSWERED IN THE AFFIRMATIVE. THE CONDITION OF DEPENDENCY BEING MET, TWO OTHER CONDITIONS MUST COINCIDE BEFORE THE ENLISTED MAN LEGALLY MAY RECEIVE THE MONEY ALLOWANCE FOR QUARTERS FOR HIS DEPENDENTS: (1) HE MUST NOT BE IN RECEIPT OF THE NONTRAVEL MONEY ALLOWANCE FOR QUARTERS FOR HIMSELF AND (2) HIS DEPENDENTS ARE NOT PROVIDED WITH PUBLIC QUARTERS OR PUBLIC QUARTERS ARE NOT AVAILABLE FOR THEM. WHILE THE LAWFUL TRAVEL OF THE DEPENDENTS IS USUALLY INCIDENT TO THE TRAVEL OF THE ENLISTED MAN UPON PERMANENT CHANGE OF STATION, THE TRANSPORTATION FURNISHED SUCH DEPENDENTS BY GOVERNMENT CONVEYANCE OR AT THE EXPENSE OF THE GOVERNMENT, INCLUDES, WHERE NECESSARY, SLEEPING ACCOMMODATIONS FOR THE JOURNEY OR THE ACTUAL COST THEREOF. ACT OF MAY 18, 1920, AS AMENDED BY SECTION 12 OF THE ACT OF JUNE 10, 1922, 42 STAT. 631, AND ARTICLE 2905, U.S. NAVY TRAVEL REGULATIONS. THE REQUIREMENT IN THE EXECUTIVE ORDER THAT PUBLIC QUARTERS ARE NOT PROVIDED AND AVAILABLE FOR THE ENLISTED MAN'S DEPENDENTS, WHEN CONSIDERED IN CONNECTION WITH THE ANTECEDENT REQUIREMENTS THEREIN, SUGGESTS THAT THE BENEFITS OF THE ACT OF OCTOBER 17, 1940, ARE DEPENDENT UPON THE NONAVAILABILITY AND FURNISHING OF PUBLIC QUARTERS FOR DEPENDENTS DURING THE NORMAL MILITARY OR NAVAL STATUS OF THE ENLISTED MAN AND NOT A SITUATION ARISING FROM A CHANGE OF STATION. THE SLEEPING ACCOMMODATIONS FURNISHED DEPENDENTS DURING THEIR NECESSARY TRAVEL ARE NOT PUBLIC QUARTERS. THIS VIEW IS SUPPORTED BY THE ANALOGY RESULTING FROM THE REFERENCES IN THE ACT OF OCTOBER 17, 1940, AND THE EXECUTIVE ORDER TO SECTIONS 8 AND 8 (A) OF TITLE 37, U.S.C. (SEC. 4 OF THE ACT OF JUNE 10, 1922, AS AMENDED) WHICH, SO FAR AS RENTAL ALLOWANCES OF OFFICERS ARE CONCERNED DURING THEIR TRANSPORTATION AND THE TRANSPORTATION OF THEIR DEPENDENTS UPON PERMANENT CHANGE OF STATION, WERE NECESSARILY AFFECTED BY SECTION 2 OF THE ACT OF MAY 31, 1924, 43 STAT. 250. 4 COMP. GEN. 528. ACCOMMODATIONS OF DEPENDENTS FURNISHED BY REASON OF THE CHANGE OF STATION OF ENLISTED MEN ARE INCIDENT TO THE FURNISHING OF TRANSPORTATION AND ARE NOT TO BE CONSIDERED THE EQUIVALENT OF PUBLIC QUARTERS SO AS TO DEPRIVE THE ENLISTED MEN OF THE MONEY ALLOWANCE FOR QUARTERS DURING THE NECESSARY TRAVEL OF THEIR DEPENDENTS. QUESTION 4 (D) IS ANSWERED ACCORDINGLY.

PARAGRAPH 2 (B) OF EXECUTIVE ORDER NO. 8688 PROVIDES THAT " PHILIPPINE SCOUTS, UNDER THE CONDITIONS OF SUBDIVISION A ABOVE, SHALL BE ENTITLED TO RECEIVE ACTUAL EXPENSES FOR LODGING NOT TO EXCEED 50 CENTS A DAY," AND YOUR QUESTION 5 IS WHETHER ENLISTED MEN OF THE INSULAR FORCE ARE ENTITLED TO SIMILAR BENEFITS BY ASSIMILATION UNDER THE LAST SENTENCE OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940.

IN DECISION B-12506 DATED OCTOBER 3, 1940, THERE WAS CONSIDERED THE RIGHT OF MEMBERS OF THE INSULAR FORCE OF THE NAVY TO THE FURLOUGH RATION AUTHORIZED AND PROVIDED FOR ENLISTED MEN OF THE PHILIPPINE SCOUTS BY REASON OF THE LAST SENTENCE OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AND IT WAS STATED THEREIN AS FOLLOWS:

AS TO THE FURLOUGH RATION FOR MEMBERS OF THE INSULAR FORCE OF THE NAVY, WHILE IT HAS BEEN HELD THIS FORCE IS A PART OF THE REGULAR NAVY IT IS TO BE NOTED IT WAS ESTABLISHED BY AN EXECUTIVE ORDER OF APRIL 5, 1901, AND WAS LIMITED TO FILIPINOS, THAT IN MANY RESPECTS IT FOLLOWED THE ACT OF FEBRUARY 2, 1901, 31 STAT. 757, WHICH AUTHORIZED THE PRESIDENT TO ENLIST NATIVES OF THE PHILIPPINE ISLANDS IN ORGANIZATIONS TO BE KNOWN AS SCOUTS FOR SERVICE IN THE ARMY, AND THAT IN THE ORGANIZATION OF THE INSULAR FORCE OF THE NAVY A REDUCED SCALE OF PAY WAS PROVIDED. THE INSULAR FORCE OF THE NAVY WAS SPECIFICALLY RECOGNIZED IN THE ACT OF JUNE 25, 1918, 40 STAT. 610, TO EXCLUDE THEM FROM THE PROVISIONS MADE FOR ALLOTMENTS AND FAMILY ALLOWANCES IN THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 398, ET SEQ. ALSO, IT APPEARS THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY WERE SPECIFICALLY EXCLUDED FROM THE ADJUSTED COMPENSATION ACT OF MAY 19, 1924, 43 STAT. 122; AND THAT SECTION 10 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 630, SPECIFICALLY PROVIDES THAT THE RATES OF PAY FOR THE INSULAR FORCE OF THE NAVY SHALL BE ONE-HALF OF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS. THESE CIRCUMSTANCES THE GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS OF MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS; AND THE FURLOUGH RATION FOR THE INSULAR FORCE OF THE NAVY SHOULD, THEREFORE, BE LIMITED TO THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS.

BASED UPON THE SAME REASONING MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940, AND THE EXECUTIVE ORDER IN QUESTION, ARE ENTITLED TO THE BENEFITS WHICH MAY BE PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 (B) OF THE EXECUTIVE ORDER. QUESTION NO. 5 IS ANSWERED ACCORDINGLY.

IN ADDITION TO THE QUESTIONS PROPOUNDED IN YOUR LETTER OF MARCH 5, 1941, A FURTHER QUESTION WAS RAISED BY THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, IN HIS LETTER TO YOU, DATED MARCH 4, 1941, AS TO WHETHER OFFICERS' STEWARDS AND COOKS, FIRST AND SECOND CLASS, AND MUSICIANS, FIRST CLASS, OF THE NAVY, COME WITHIN THE BENEFITS OF THE ACT OF OCTOBER 17, 1940, WAS ENACTED FOR THE BENEFIT OF ENLISTED MEN OF THE FIRST, SECOND, AND THIRD GRADE OF THE ARMY OF THE UNITED STATES IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES AND ANY RIGHTS ACCRUING THEREUNDER TO ENLISTED MEN OF THE NAVY ARE DERIVED FROM THE LAST SENTENCE OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, SUPRA, WHICH WAS INTENDED TO CONFER UPON THEM AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN THE SAME GRADES IN THE ARMY. IN COMMENTING UPON THE RIGHTS OF OFFICERS' STEWARDS AND COOKS, SECOND CLASS, AND MUSICIANS, FIRST CLASS, OF THE NAVY (THIRD PAY GRADE) TO TRANSPORTATION OF DEPENDENTS UNDER THE ACT OF MAY 18, 1920, AS AMENDED (10 U.S.C. 604), IT WAS POINTED OUT IN DECISION B-12506, DATED OCTOBER 3, 1940, THAT COOKS AND MUSICIANS OF THE ARMY WERE ASSIGNED TO THE SIXTH AND SEVENTH PAY GRADES WITH ADDITIONAL PAY FOR SPECIALISTS' RATINGS AND THAT---

* * * ENLISTED MEN OF THE ARMY HOLDING THESE GRADES WERE NEVER INCLUDED WITHIN THE THIRD GRADE AS ESTABLISHED BY THE SECRETARY OF WAR UNDER SECTION 4B OF THE ACT OF JUNE 4, 1920. THEIR PAY AT THE PRESENT TIME IS BASED UPON THE SIXTH AND SEVENTH PAY GRADES INCREASED BY THE PAY OF THE PARTICULAR SPECIALIST RATING AS AUTHORIZED BY SECTION 9 OF THE ACT OF JUNE 10, 1942, 42 STAT. 629.

THE LAST SENTENCE OF SECTION 12A OF THE ACT OF SEPTEMBER 16, 1940, SUPRA, WAS INTENDED TO CONFER UPON ENLISTED MEN OF THE NAVY AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY. ENLISTED MEN OF THE ARMY MAY NOT LEGALLY ACT AS OFFICERS' STEWARDS, SECTION 1232 OF THE REVISED STATUTES, THEREFORE, THERE ARE NO ENLISTED MEN OF THE ARMY RECEIVING TRANSPORTATION BENEFITS UNDER THE ACT OF JUNE 20, 1936, 49 STAT. 1555, WITH WHOM OFFICERS' STEWARDS AND COOKS OF THE NAVY COULD BE ASSIMILATED. ALSO, MUSICIANS OF THE ARMY HAVE NEVER BEEN ESTABLISHED IN THE THIRD GRADE OF THE ARMY BUT, ALONG WITH COOKS, ARE CLASSIFIED IN THE SIXTH AND SEVENTH PAY GRADES. IN VIEW OF THE ABOVE, OFFICERS' STEWARDS, COOKS, SECOND CLASS, AND MUSICIANS, FIRST CLASS, OF THE NAVY WOULD NOT BE ASSIMILATED FOR TRANSPORTATION BENEFITS WITH ENLISTED MEN OF THE ARMY OF THE THIRD GRADE.

IF IT IS INTENDED TO ASK WHETHER ENLISTED MEN RATED AS OFFICERS' STEWARDS AND COOKS, FIRST CLASS, OFFICERS' STEWARDS AND COOKS, SECOND CLASS, AND MUSICIANS, FIRST CLASS, ARE ENTITLED TO THE ALLOWANCE FOR QUARTERS FOR DEPENDENTS, I HAVE TO ADVISE THAT, IN VIEW OF WHAT HAS BEEN SAID WITH RESPECT TO THE PERFORMANCE OF THESE DUTIES IN THE ARMY BY PERSONS OF RATINGS OR GRADES LOWER THAN THE THIRD PAY GRADE, IT IS THE OPINION OF THIS OFFICE THAT PERSONS OF THE RATINGS NAMED, IN THE NAVY, ARE NOT ENTITLED TO THE QUARTERS ALLOWANCE FOR DEPENDENTS UNDER THE QUALIFIED ASSIMILATION PROVIDED FOR IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940.

THE LETTER OF THE PAYMASTER GENERAL OF THE NAVY, DATED MARCH 4, 1941, CONTAINED THE FOLLOWING PROPOSALS:

6. IN CASE IT IS DECIDED THAT ENLISTED MEN OF THE NAVY ARE ENTITLED TO BENEFITS OF THE ACT OF OCTOBER 17, 1940, IT IS PROPOSED TO REQUIRE EACH ENLISTED MAN OF THE NAVY OF THE FIRST THREE PAY GRADES TO SUBMIT A "BENEFICIARY SLIP" (PAGES 7 AND 8 OF THE SERVICE RECORD) TO HIS COMMANDING OFFICER EVERY SIX MONTHS, SETTING FORTH NAMES, RELATIONSHIP, AGES OF CHILDREN, AND THE THEN CURRENT ADDRESSES OF HIS DEPENDENTS. THE PRESENT "BENEFICIARY SLIP" (COPY ENCLOSED) WILL BE OVERSTAMPED, ON PAGE 8 ABOVE THE SIGNATURE OF THE MAN," I CERTIFY THAT I WILL INFORM MY COMMANDING OFFICER IMMEDIATELY OF ANY CHANGES IN MARITAL STATUS OR CONDITIONS OF DEPENDENCY, OR OF VOLUNTARY OCCUPANCY OF PUBLIC QUARTERS BY MY DEPENDENTS.' AN ENLISTED MAN WHO IS ADVANCED TO A RATING IN THE THIRD PAY GRADE, OR WHO IS REDUCED TO A RATING BELOW THE THIRD PAY GRADE, WILL BE REQUIRED TO FILE A "BENEFICIARY SLIP" SHOWING THE CONDITIONS OF DEPENDENCY EXISTING ON THE EFFECTIVE DATE OF CHANGE IN RATING; AND AN ENLISTED MAN OF THE FIRST THREE PAY GRADES WHO BECOMES ENTITLED TO THE MONEY ALLOWANCE BY REASON OF MARRIAGE, DEPENDENCY OF MOTHER, OR OTHER CHANGES IN CONDITIONS OF DEPENDENCY, WILL BE REQUIRED TO FILE A "BENEFICIARY SLIP" REFLECTING THE CHANGE IN DEPENDENCY AND THE EFFECTIVE DATE THEREOF.

7. IT IS PROPOSED TO CREDIT THE QUARTERS ALLOWANCE IN THE SUNDRY CREDIT ITEM COLUMN OF THE PAY ROLL, AND SUCH CREDIT WILL BE SUBSTANTIATED AS FOLLOWS:

(A) WHEN THE DEPENDENT IS A LAWFUL WIFE--- BY A SIGNED COPY OF PAGES 7 AND 8 OF THE SERVICE RECORD.

(B) WHEN THE DEPENDENT IS A MINOR CHILD--- BY A SIGNED COPY OF PAGES 7 AND 8 OF THE SERVICE RECORD AND THE CERTIFICATE OF THE MAN IN THE APPLICABLE FORM (9 COMP. GEN. 299).

(C) WHEN THE DEPENDENT IS A MOTHER--- BY A SIGNED COPY OF PAGES 7 AND 8 OF THE SERVICE RECORD AND STANDARD FORM 1037 EXECUTED UNDER THE SAME CONDITIONS AS IS NOW REQUIRED FOR OFFICERS OF THE NAVY. CREDIT OF QUARTERS ALLOWANCE FOR DEPENDENT MOTHER WILL NOT BE MADE UNTIL DETERMINATION BY THE COMPTROLLER GENERAL THAT THE MOTHER IS DEPENDENT.

IN THE CASE OF MEN ATTACHED TO SHORE STATIONS, IN ADDITION TO THE ABOVE- MENTIONED VOUCHERS, THERE WILL ALSO BE FILED A COMMANDING OFFICER'S BLANKET CERTIFICATE SIMILAR TO THE PRESENT S AND A FORM 201B TO THE EFFECT THAT PUBLIC QUARTERS WERE NEITHER AVAILABLE NOR PROVIDED FOR THE DEPENDENTS OF THE MEN DURING THE PERIOD FOR WHICH THEY WERE CREDITED THE MONEY ALLOWANCE FOR QUARTERS PRESCRIBED BY THE ACT OF OCTOBER 17, 1940. THIS CERTIFICATE WILL NOT BE FILED IN THE CASE OF MEN ATTACHED TO VESSELS OF THE NAVY.

8. THE FOLLOWING ARE EXAMPLES OF PAY ROLL ENTRIES WHICH WILL BE PRESCRIBED:

(A) IN THE CASE OF MEN, WITH OR WITHOUT DEPENDENTS, SERVING AT SHORE STATIONS, WHEN NO QUARTERS ARE FURNISHED FOR THE MEN--- "$23.25 QTRS AT 75 CENTS 5/31/41.' ( SAME AS CURRENT ENTRY FOR ALL PAY GRADES -- QUARTERS CREDITED PURSUANT TO BUNAV LETTER AND S. AND A. FORM 35 K.)

(B) IN THE CASE OF MEN WITH DEPENDENTS, SERVING AT SHORE STATIONS OR ON BOARD SHIPS, WHEN NO QUARTERS ARE FURNISHED THEIR DEPENDENTS--- "$23.25 MAQ ( MONEY ALLOWANCE FOR QUARTERS) AT 75 CENTS 5/1-31/41. BEN: CN 1-3 U.S.C. CALIFORNIA, W. T. JONES, APRIL 1941.'--- ( NEW ENTRY IN ACCOUNTS OF FIRST THREE PAY GRADES--- MONEY ALLOWANCE FOR QUARTERS CREDITED PURSUANT TO ACT OF OCTOBER 17, 1940).

UNDER THE ACT OF OCTOBER 17, 1940, THE DEPENDENTS OF AN ENLISTED MAN ARE AS DEFINED IN SECTIONS 8 AND 8 (A) OF TITLE 37, U.S. CODE, AND THE DEFINITIONS CONTAINED IN SECTION 1 (A) AND (B) OF EXECUTIVE ORDER NO. 8688, ARE MERELY QUOTATIONS OF THE ABOVE SECTIONS OF THE CODE, CODIFYING SECTION 4 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF FEBRUARY 21, 1929, 45 STAT. 1254. UNDER THE DEFINITIONS CONTAINED IN THESE SECTIONS THE LAWFUL WIFE OF AN ENLISTED MAN ORDINARILY WILL BE PRESUMED TO BE A DEPENDENT WITHIN THE ACT, BUT TO COME WITHIN THE TERM "DEPENDENT" A MOTHER MUST IN FACT BE DEPENDENT UPON THE ENLISTED MAN FOR HER CHIEF SUPPORT, WHICH FACT MUST BE ESTABLISHED BY HIM BY COMPETENT EVIDENCE; LIKEWISE, AN ENLISTED MAN CLAIMING THE QUARTERS ALLOWANCE FOR DEPENDENT CHILDREN (LEGITIMATE, ADOPTED, OR STEP) IS REQUIRED TO SUPPLY SATISFACTORY EVIDENCE THAT SUCH CHILDREN ARE IN FACT DEPENDENT UPON HIM. SEE 9 COMP. GEN. 299.

INASMUCH AS THE BENEFICIARY SLIP COMPRISES PART OF THE ENLISTED MAN'S SERVICE RECORD, IT WILL BE AVAILABLE AT ALL TIMES TO THE COMMANDING OFFICER FOR THE PURPOSE OF PROMPTLY REFLECTING ANY CHANGES WHICH MAY AFFECT THE ENLISTED MAN'S RIGHT UNDER THE ACT OF OCTOBER 17, 1940; AND THIS OFFICE PERCEIVES NO OBJECTION TO PUTTING INTO OPERATION THE METHODS PROPOSED FOR THE PURPOSE OF SUPPORTING PAYMENTS UNDER THE ACT. IT IS TO BE UNDERSTOOD, OF COURSE, THAT SHOULD ADDITIONAL EVIDENCE BE REQUIRED TO SUPPORT ANY PARTICULAR PAYMENT WHERE THE QUESTION OF DEPENDENCY IS CONCERNED, SUCH AS MARRIAGE AND BIRTH CERTIFICATES, DIVORCE DECREES, ADOPTION PAPERS, ETC., THE NAVY DEPARTMENT SHOULD REQUIRE THE PROMPT FURNISHING THEREOF BY THE MAN CONCERNED WHEN A REQUEST THEREFOR IS MADE BY THIS OFFICE.