B-98291, JAN 3, 1951

B-98291, JAN 3, 1951

PRECIS-UNAVAILABLE

THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 20, 1950, RELATIVE TO NOTICES OF EXCEPTIONS TAKEN BY THE AUDIT DIVISION OF THIS OFFICE ON VOUCHERS 25193, 25367, 25375 AND 25597, IN THE APRIL 1949 ACCOUNTS OF COLONEL A. W. FARWICK, F.D., AND SIMILAR EXCEPTIONS TAKEN IN THE ACCOUNTS OF OTHER DISBURSING OFFICERS, WITH REGARD TO PAYMENTS OF MONETARY ALLOWANCES IN LIEU OF QUARTERS FOR DEPENDENTS OF ENLISTED PERSONNEL WHICH WERE MADE DIRECT TO THE DEPENDENTS CONCERNED PURSUANT TO THE PROVISIONS OF PARAGRAPH 23, ARMY REGULATIONS 35-4520, DATED JANUARY 28, 1949.

SUCH PROVISIONS READ, IN PERTINENT PART, AS FOLLOWS:

"QUARTERS ALLOWANCE PAYABLE FOR MONTH OF ENLISTMENT, REENLISTMENT, OR DISCHARGE. - WHERE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS IS PAYABLE DURING ALL OR ANY PORTION OF THE MONTH IN WHICH AN ENLISTED PERSON IS ENLISTED, REENLISTED, OR DISCHARGED, THE ALLOWANCE WILL BE PAID BY THE LOCAL DISBURSING OFFICER TO THE DEPENDENT FOR WHOM THE ALLOWANCE IS AUTHORIZED. ***"

YOU INVITE ATTENTION TO SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, 56 STAT. 381, AS AMENDED BY SECTION 8 OF THE ACT OF OCTOBER 26, 1943, 57 STAT. 579, WHICH PROVIDES THAT THE PAYMENT OF SUCH MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS SHALL BE MADE ONLY FOR SUCH PERIODS AS THE ENLISTED MAN HAS IN EFFECT AN ALLOTMENT OF PAY IN AN AMOUNT NOT LESS THAN THE AMOUNT OF THE MONETARY ALLOWANCE FOR THE SUPPORT OF THE DEPENDENTS ON WHOSE ACCOUNT THE ALLOWANCE IS CLAIMED. YOU STATE THAT FROM AN ADMINISTRATIVE STANDPOINT IT WAS NOT CONSIDERED FEASIBLE TO ESTABLISH A NEW ALLOTMENT IN EACH CASE INVOLVED COVERING ONLY A PORTION OF A MONTH AND IT IS INDICATED THAT THE REGULATIONS IN QUESTION WERE PROMULGATED IN THE BELIEF THAT THEY CONSTITUTED A SUBSTANTIAL COMPLIANCE WITH THE SAID SECTION 108 OF THE SERVICEMEN'S DEPENDENTS ALLOWANCE ACT OF 1942, AS AMENDED. ACCORDINGLY, YOU REQUEST THAT CONSIDERATION BE GIVEN TO REMOVING THE EXCEPTIONS REFEREED TO AND THAT OTHER PAYMENTS OF THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS MADE IN ACCORDANCE WITH THE ARMY REGULATIONS QUOTED ABOVE BE PASSED TO CREDIT IN THE ACCOUNTS OF THE DISBURSING OFFICERS INVOLVED.

THE MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR DEPENDENTS IS, OF COURSE, AN ALLOWANCE DUE THE ENLISTED MAN AND THIS OFFICE IS AWARE OF NO PROVISION OF LAW AUTHORIZING PAYMENT DIRECTLY TO HIS DEPENDENT. IT WOULD HAVE BEEN PERMISSIBLE TO PAY THE ALLOWANCE DIRECTLY TO THE ENLISTED MAN, WHERE AN ALLOTMENT WAS IN EFFECT, EVEN THOUGH NO ALLOTMENT WAS ACTUALLY DEDUCTED OR PAID TO THE DEPENDENT FOR THE PAST MONTH IN WHICH HE WAS DISCHARGED. SEE 24 COMP. GEN. 117. AND A SIMILAR PROCEDURE MIGHT HAVE BEEN FOLLOWED IN THE CASE OF ENTITLEMENTS OR REENLISTMENTS PROVIDED AN ALLOTMENT WAS REGISTERED BEGINNING WITH THE FIRST FULL MONTH FOLLOWING SUCH ENLISTMENT OR REENLISTMENT. CF. DECISION OF MARCH 18, 1949, B-81120, TO THE SECRETARY OF THE NAVY.

HOWEVER THAT MAY BE, IT APPEARS PROBABLE THAT THE ENLISTED MEN IN QUESTION ACTUALLY RECEIVED THE BENEFIT OF THE PAYMENTS MADE TO THEIR DEPENDENTS AND, IN THE ABSENCE OF PROTESTS FROM THE ENLISTED MEN, SUCH PAYMENTS HERETOFORE MADE WILL BE PASSED TO CREDIT IN THE ACCOUNTS OF THE DISBURSING OFFICERS CONCERNED, IF CORRECT IN OTHER RESPECTS.