B-15346, JUNE 13, 1941, 20 COMP. GEN. 882

B-15346, JUNE 13, 1941, 20 COMP. GEN. 882

QUARTERS ALLOWANCE - DEPENDENTS - NAVY ENLISTED MEN NAVY ENLISTED MEN ARE NOT ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS UNDER THE ACT OF OCTOBER 17, 1940, WHILE THEY ARE IN RECEIPT OF A MONEY ALLOWANCE FOR QUARTERS FOR THEMSELVES UNDER SECTION 11 OF THE ACT OF JUNE 10, 1922, DURING A PERIOD OF TEMPORARY DUTY AWAY FROM SHIP OR STATION FOR 72 HOURS OR LESS IN A NONTRAVEL STATUS, BUT THEY ARE NOT PRECLUDED FROM RECEIVING SUCH MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS WHILE ON SHORE PATROL DUTY AND FURNISHED QUARTERS PROCURED FOR THEM FROM PUBLIC FUNDS BY THE PERSON IN CHARGE OF THE PATROL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 13, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 6, 1941, AS FOLLOWS:

IN THE DECISION OF THE ASSISTANT COMPTROLLER GENERAL OF THE UNITED STATES OF MARCH 17, 1941, B-15346, IT WAS HELD THAT ENLISTED MEN OF THE NAVY ARE NOT ENTITLED TO THE MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS UNDER THE ACT OF OCTOBER 17, 1940 (54 STAT. 1205), FOR ANY PERIOD DURING WHICH THEY ARE ENTITLED IN THEIR OWN RIGHT TO THE MONEY ALLOWANCE FOR QUARTERS PRESCRIBED IN TABLE I OF ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL.

ARTICLE D-10104, BUREAU OF NAVIGATION MANUAL, PROVIDES THAT ENLISTED MEN ABSENT FROM THEIR SHIPS OR STATIONS ON TEMPORARY DUTY, WHERE SUCH ABSENCE NECESSITATES THE PROCUREMENT OF QUARTERS, WILL BE PAID A QUARTERS ALLOWANCE OF $1 PER DIEM. APPROVAL OF THE BUREAU OF NAVIGATION IS NOT REQUIRED FOR SUCH PAYMENTS UNLESS THE PERIOD OF TEMPORARY DUTY EXCEEDS 72 HOURS, IN WHICH CASE IT IS CONSIDERED PERMANENT DUTY, AND PURSUANT TO ARTICLE D-10101 (4), BUREAU OF NAVIGATION MANUAL, REQUEST MUST BE SUBMITTED TO THE BUREAU OF NAVIGATION FOR THE APPROVAL OF PAYMENT OF THE QUARTERS ALLOWANCE AS PRESCRIBED BY TABLE I, ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL.

IT WILL BE NOTED THAT THE ENLISTED MAN'S RIGHT TO QUARTERS ALLOWANCE AT THE RATE OF $1 PER DIEM WHILE ON TEMPORARY DUTY LAPSES AFTER 72 HOURS. THEREAFTER HIS RIGHT TO QUARTERS ALLOWANCE ACCRUES UNDER THE INSTRUCTIONS CONTAINED IN ARTICLE D-10101 (4), BUREAU OF NAVIGATION MANUAL, AND HIS RIGHT TO QUARTERS ALLOWANCE FOR DEPENDENTS UNDER THE ACT OF OCTOBER 17, 1940, AND EXECUTIVE ORDER NO. 8688, DATED FEBRUARY 19, 1941, WOULD ORDINARILY CEASE FROM THE DATE HE WAS PAID THE ALLOWANCE FOR QUARTERS FOR HIMSELF AS PRESCRIBED IN ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL.

IN CASE ENLISTED MEN ARE ABSENT FROM THEIR SHIPS OR STATIONS ON SHORE/PATROL DUTY WHERE QUARTERS ARE NOT OBTAINABLE WITHOUT CHARGE, ARTICLE 698-5 (A), U.S. NAVY REGULATIONS, PROVIDES THAT THE PERSON IN CHARGE OF THE SHORE PATROL MAY OBTAIN LODGING ACCOMMODATIONS FOR THEM AT A COST NOT TO EXCEED $1 PER PERSON. IN SUCH CASES THE PAYMENT IS NOT MADE DIRECT TO THE MEN CONCERNED AND THEY ARE IN FACT FURNISHED QUARTERS IN KIND FOR THEMSELVES AT GOVERNMENT EXPENSE.

IN CONNECTION WITH THE FOREGOING, YOUR DECISION IS REQUESTED AS TO WHETHER ENLISTED MEN ON SEA OR SHORE DUTY, WHO ARE FURNISHED LODGING WHILE ON SHORE PATROL OR WHO ARE PAID QUARTERS ALLOWANCE FOR PERIODS OF TEMPORARY DUTY NOT TO EXCEED 72 HOURS, ARE ALSO ENTITLED TO CONCURRENT PAYMENTS OF MONEY ALLOWANCE FOR QUARTERS FOR DEPENDENTS.

PARAGRAPH 2 OF EXECUTIVE ORDER 8688, DATED FEBRUARY 19, 1941, ISSUED PURSUANT TO THE ACT OF OCTOBER 17, 1940, PUBLIC, NO. 872, 54 STAT. 1205, PROVIDES:

PAYMENT. A. EFFECTIVE AS OF OCTOBER 17, 1910, 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 FORENLISTED 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.

SECTION 11 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, 37 U.S.C. 19, PROVIDES:

* * * 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. * * *

THE EXECUTIVE REGULATIONS ISSUED PURSUANT TO SECTION 11 ARE INCORPORATED IN BUREAU OF NAVIGATION MANUAL AS ARTICLES D-10102 AND D 10103, THE LATTER CONTAINING THE TABLE OF ALLOWANCES FOR MEN TRAVELING ON DUTY. THE SUBSTANCE OF ARTICLE D-10104 IS AS STATED IN PARAGRAPH 2 OF YOUR LETTER. ARTICLE DX10101 OF THE MANUAL PROVIDES:

(1) ENLISTED MEN ON SHORE DUTY WHEN QUARTERS OR RATIONS IN KIND ARE NOT FURNISHED AT THE STATION TO WHICH ATTACHED, AND ENLISTED MEN ON SEA DUTY WHILE ABSENT FROM THEIR SHIPS ON TEMPORARY DUTY NOT INVOLVING TRAVEL ARE PAID ALLOWANCES IN THE ABSENCE OF QUARTERS AND SUBSISTENCE IN ACCORDANCE WITH AN EXECUTIVE ORDER AND MODIFICATIONS THERETO BASED ON THE ACT OF JUNE 10, 1922.

(4) EXCEPT FOR MEN ABSENT FROM THEIR SHIPS OR STATIONS ON TEMPORARY DUTY, NOT INVOLVING TRAVEL, AS SET FORTH IN PARAGRAPH D-10104 OF THIS MANUAL, THESE ALLOWANCES WILL BE PAID TO ENLISTED MEN ONLY UPON THE APPROVAL OF THE BUREAU OF NAVIGATION. IN SUBMITTING REQUESTS FOR THE CONSIDERATION OF THE BUREAU, COMMANDING OFFICERS WILL BE GOVERNED BY THE FACT THAT EXISTING FACILITIES FOR QUARTERING AND MESSING THE PERSONNEL AT ANY STATION MUST BE EMPLOYED; AND IF, FOR THE SPECIAL PRIVILEGE OR BENEFIT OF ANY MAN, THAT MAN IS EXCUSED FROM AVAILING HIMSELF SUCH FACILITIES, SUCH EXCUSE CANNOT BE CONSIDERED AS A GOOD REASON FOR AUTHORIZING AN ALLOWANCE IN HIS CASE.

THE GENERAL RATES IN TABLE NO. 1, ARTICLE D-10102, FOR NONTRAVEL SUBSISTENCE AND QUARTERS ALLOWANCES ARE $1.20 AND 75 CENTS PER DAY, RESPECTIVELY, WITH DIFFERENT RATES UNDER SPECIAL CONDITIONS, AND IN ARTICLE D-10104 (A) AND (B) THE RATES FOR MEN ABSENT FROM THEIR SHIPS OR STATIONS ON TEMPORARY DUTY NOT INVOLVING TRAVEL ARE 70 CENTS FOR EACH MEAL AND $1 PER DIEM FOR QUARTERS. THE RATES PROVIDED IN ARTICLE D-10104 APPARENTLY GOVERN REGARDLESS OF LOCATION OF THE SHIP OR STATION AND APPROXIMATE THE HIGHER RATES UNDER "B. SPECIAL" IN TABLE NO. 1 OF ARTICLE D-10102. PAYMENTS OF QUARTERS ALLOWANCES TO THE MEN CONCERNED UNDER THE CONDITIONS OF ARTICLE D-10104 OF THE MANUAL ARE, IN EFFECT, A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS.

IN DECISION B-15346, DATED MARCH 17, 1941, 20 COMP. GEN. 522, QUESTION 4 WAS AS FOLLOWS:

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.

IN ANSWER THERETO IT WAS SAID:

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 NON-TRAVEL 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 QUESTION 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.

PAYMENT OF THE QUARTERS ALLOWANCE OF $1 PER DAY DURING TEMPORARY DUTY OF 72 HOURS OR LESS REPRESENTS A MONEY ALLOWANCE FOR QUARTERS IN A NONTRAVEL STATUS UNDER THE PROVISIONS OF SECTION 11 AND PARAGRAPH 2 OF THE EXECUTIVE ORDER, SUPRA, AND PAYMENT OF AN ADDITIONAL ALLOWANCE FOR QUARTERS FOR DEPENDENTS WOULD NOT BE AUTHORIZED.

UNDER ARTICLE 698, NAVY REGULATIONS, 1920, ENLISTED MEN ON SHORE PATROL DUTY, WHERE IT IS IMPRACTICABLE FOR THEM TO RETURN TO THEIR REGULAR STATION FOR LODGING AND LODGING IS NOT OBTAINABLE WITHOUT CHARGE, ARE NOT PAID A COMMUTATION IN LIEU THEREOF, BUT, UNDER ORDERS OF THE COMMANDING OFFICER, THERE ARE ADVANCED TO THE OFFICER OR PETTY OFFICER IN CHARGE OF THE PATROL FUNDS FOR OBTAINING LODGING FOR THE ENLISTED PERSONNEL FORMING THE PATROL AT A COST NOT TO EXCEED $1 PER PERSON. RECEIPTS ARE OBTAINED BY THE OFFICER OR PETTY OFFICER IN CHARGE OF THE PATROL FOR LODGING AND OTHER EXPENSES, AND---

* * * IMMEDIATELY AFTER RETURNING FROM PATROL DUTY, THE PERSON WHO RECEIVED THE ADVANCE SHALL PREPARE A SUNDRY EXPENSE ACCOUNT (S. AND A. FORM 326) SHOWING THEREON THE AMOUNTS SPENT FOR THE PATROL FOR LODGING, MEALS, AND MISCELLANEOUS EXPENDITURES SEPARATELY AND PRESENT THE ACCOUNT TO THE DISBURSING OFFICER WITH ANY UNEXPENDED CASH AND ALL RECEIPTS OBTAINED. THE DISBURSING OFFICER WILL AUDIT THE EXPENDITURES CLAIMED AND FORWARD THE SUNDRY EXPENSE ACCOUNT TO THE COMMANDING OFFICER FOR APPROVAL. IF, IN THE OPINION OF THE DISBURSING OFFICER, ADEQUATE RECEIPTS HAVE NOT BEEN FURNISHED OR EXPENDITURES MADE THAT ARE NOT DEEMED ALLOWABLE HE SHALL SUBMIT HIS OPINION IN WRITING TO THE COMMANDING OFFICER WITH THE EXPENSE ACCOUNT. THE COMMANDING OFFICER WILL REVIEW THE DISPUTED ITEMS AND EITHER REQUIRE THE PERSON WHO RECEIVED THE ADVANCE TO MAKE REFUND OF THE AMOUNT INVOLVED, OR DIRECT THE SUPPLY OFFICER IN WRITING TO ALLOW THEM IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1718, NAVY REGULATIONS (ARTICLE 698-5 (A) ).

IT APPEARS TO BE CLEAR THAT ENLISTED MEN OF SHORE PATROLS FOR WHOM LODGING IS SECURED BY THE OFFICER IN CHARGE ARE NOT PAID A QUARTERS ALLOWANCE UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF JUNE 10, 1922, AS CONTEMPLATED BY PARAGRAPH 2 OF THE EXECUTIVE ORDER REFERRED TO, AND DURING SUCH PERIOD THEY WOULD NOT BE PRECLUDED FROM RECEIVING THE MONEY ALLOWANCE FOR QUARTERS FOR THEIR DEPENDENTS, OTHER REQUISITE CONDITIONS BEING MET.