SEPTEMBER 2, 1921, 1 COMP. GEN. 105

SEPTEMBER 2, 1921, 1 COMP. GEN. 105

COMMUTATION OF QUARTERS, HEAT AND LIGHT - ARMY OFFICERS DURING THE PERIOD OF AN OFFICER OR ENLISTED MAN IS ABSENT FROM DUTY ON ACCOUNT OF DISEASE FROM ANY CAUSE STATED IN THE ACT OF APRIL 27, 1914, 38 STAT., 353, WHICH RESULTS IN HIS BEING ABSENT FROM DUTY ON A NONPAY STATUS, OR DURING OTHER ABSENCE FROM DUTY ON A NONPAY STATUS, HE IS NOT ENTITLED TO COMMUTATION OF QUARTERS, HEAT AND LIGHT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 2, 1921:

I HAVE YOUR LETTER OF AUGUST 13, 1921, REQUESTING DECISION OF THE QUESTION WHETHER PAYMENT OF COMMUTATION OF QUARTERS, HEAT, AND LIGHT IS AUTHORIZED IN ANY CASE OF AN OFFICER OR SOLDIER ABSENT FROM DUTY ON ACCOUNT OF DISEASE RESULTING FROM ANY CAUSE STATED IN THE FOLLOWING PROVISO OF THE ACT OF APRIL 27, 1914, 38 STAT., 353, 354:

PROVIDED, THAT HEREAFTER NO OFFICER OR ENLISTED MAN IN ACTIVE SERVICE WHO SHALL BE ABSENT FROM DUTY ON ACCOUNT OF DISEASE RESULTING FROM HIS OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT SHALL RECEIVE PAY FOR THE PERIOD OF SUCH ABSENCE, THE TIME SO ABSENT AND THE CAUSE THEREOF TO BE ASCERTAINED UNDER SUCH PROCEDURE AND REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR.

THE ARMY APPROPRIATION ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1922, APPROVED JUNE 30, 1921, 42 STAT., 75, PROVIDES:

FOR COMMUTATION OF QUARTERS AND HEAT AND LIGHT TO COMMISSIONED OFFICERS, WARRANT OFFICERS, MEMBERS OF THE NURSE CORPS, AND ENLISTED MEN ON DUTY AT PLACES WHERE NO PUBLIC QUARTERS ARE AVAILABLE, * * *.

THIS ACCORDS WITH THE ACTS OF FEBRUARY 27, 1893, 27 STAT., 480; MARCH 2, 1901, 31 STAT., 901; MARCH 2, 1907, 34 STAT., 1169; AND MARCH 4, 1915, 38 STAT., 1069, RELATING TO SUCH COMMUTATION. THE PERSON ENTITLED TO THE COMMUTATION IS THE PERSON DESCRIBED IN THE ACT WHO IS ON DUTY AT A PLACE WHERE NO PUBLIC QUARTERS ARE AVAILABLE.

IN THE CASES OF COMMISSIONED OFFICERS OF THE ARMY WHO DURING THE EMERGENCY WERE ON DUTY IN THE FIELD OR ON ACTIVE DUTY WITHOUT THE TERRITORIAL JURISDICTION OF THE UNITED STATES, AND MAINTAINED A PLACE OF ABODE FOR A WIFE, CHILD, OR DEPENDENT PARENT, WHERE QUARTERS IN KIND WERE NOT AVAILABLE, THE ACT OF APRIL 16, 1918, 40 STAT., 530, PROVIDES FOR SUCH OFFICER'S COMMUTATION OF QUARTERS, HEAT, AND LIGHT FOR SUCH DEPENDENTS. THE LIMITATION TO PERIOD "DURING THE PRESENT EMERGENCY WAS EXTENDED BY SEC. 2 OF THE ACT OF MAY 18, 1920, 41 STAT., 602,"UNTIL JUNE 30, 1922" , AND BY SAID SECTION SUCH RIGHTS AND BENEFITS AS ARE PRESCRIBED FOR OFFICERS IN SAID ACT OF APRIL 16, 1918,"SHALL APPLY EQUALLY FOR ENLISTED MEN NOW ENTITLED BY REGULATIONS TO QUARTERS OR TO COMMUTATION THEREFOR.'

PARAGRAPH 1301, ARMY REGULATIONS, AS AMENDED MAY 13, 1919, BY C.A.R. NO. 88, IS AS FOLLOWS:

AN OFFICER ON DUTY AT A STATION WHERE HE IS PROPERLY IN RECEIPT OF COMMUTATION OF QUARTERS IS ENTITLED TO THE ALLOWANCE DURING ORDINARY LEAVE ON FULL PAY, AND ON SICK LEAVE. IF HE IS RELIEVED FROM DUTY AT THE STATION AND THEN AVAILS HIMSELF OF A LEAVE, HIS COMMUTATION CEASES.

THE QUESTION PRESENTED FOR DECISION IS WHETHER AN OFFICER OR SOLDIER "ABSENT FROM DUTY" UNDER CONDITIONS DESCRIBED IN THE ACT OF APRIL 27, 1914, IS "ON DUTY" WITHIN THE MEANING OF THE STATUTES RELATING TO THE PAYMENT OF COMMUTATION OF QUARTERS, HEAT AND LIGHT AND THE REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR WHICH ARE IN CONFORMITY WITH THE STATUTES.

THE PROVISIONS OF LAW RELATING TO COMMUTATION OF QUARTERS, HEAT, AND LIGHT ARE SUCH THAT FOR THE PERIOD AN OFFICER OR ENLISTED MAN IS NOT ACTUALLY OR CONSTRUCTIVELY ON DUTY HE IS NOT ENTITLED TO THE COMMUTATION IN HIS OWN RIGHT, AND FOR THE PERIOD HE IS NOT EITHER ACTUALLY OR CONSTRUCTIVELY ON DUTY IN THE FIELD OR ON ACTIVE DUTY WITHOUT THE TERRITORIAL JURISDICTION OF THE UNITED STATES HE IS NOT ENTITLED TO COMMUTATION FOR HIS DEPENDENTS.

IF AN OFFICER OR A SOLDIER IS ABSENT FROM DUTY ON A PAY STATUS THE FACT OF SUCH ABSENCE DOES NOT DEPRIVE HIM OF SUCH COMMUTATION. IF HE IS ABSENT FROM DUTY ON ACCOUNT OF DISEASE RESULTING FROM ANY CAUSE STATED. IN THE ACT OF APRIL 27, 1914, HE IS NOT IN A PAY STATUS.

YOUR QUESTION IS ANSWERED AS FOLLOWS:

AN OFFICER OR SOLDIER DURING THE PERIOD HE IS ABSENT FROM DUTY ON ACCOUNT OF DISEASE RESULTING FROM ANY CAUSE STATED IN THE ACT OF APRIL 27, 1914, 38 STAT., 353, 354, WHICH RESULTS IN HIS BEING ABSENT FROM DUTY ON A NONPAY STATUS OR WHO IS OTHERWISE ABSENT FROM DUTY ON A NONPAY STATUS IS NOT ENTITLED TO COMMUTATION OF QUARTERS, HEAT AND LIGHT.