road station, there has been recognized the right to actual expense of car fare and transfer of baggage between the home and station. 13 MS. Comp. Gen., 1277. This expense is considered as one incident to transportation and not subsistence. Recognition of the necessity to live long distances from the railroad station and the right of the employee to be reimbursed transportation expenses may not be the basis of extending the payment of a per diem for time consumed in traveling to and within the designated post of duty for the purpose of boarding the train. You cite 1 Comp. Gen., 171, a similar case, where the per diem was held to begin from the time the train left the station, and express opinion that it is not controlling here because the employee of the Public Health Service was not residing at a suburb of his official station pursuant to regulation.

The act of August 1, 1914, 38 Stat., 680, authorizes the fixing of a per diem for employees only for time "away from their designated posts of duty." This statute prohibits payment of a per diem at the designated post of duty of an employee whatever may be the conditions. The provision in the regulation in question is clearly enough expressed and authorizes "personal transfers and transfers of baggage" only.

The difficulty in questions of this kind is that if the rule were adopted that per diem begins from time of departure from home, there is no definite basis on which to fix such time of departure, as is furnished under the rule that the per diem begins with train departure from the official station. A reasonable time of departure from home with relation to train departure would raise questions practically in every case, and for the present I think the rule of train departure controlling the per diem should be adhered to.

You are not authorized to pay the voucher.

EFFECTIVE DATES OF CONFIRMED RATINGS FOR PURPOSES OF RETAINER PAY-NAVAL RESERVE FORCE.

The confirmed rating of an enrolled man of the Naval Reserve Force who had previously qualified by examination and had been properly certified for such rating becomes effective on the date of his subsequent completion of the required sea service, and he is entitled to the retainer pay as in the confirmed rating from that date.

Decision by Comptroller General McCarl, January 8, 1923.

Elmer Hammond applied September 16, 1922, for review of settlement No. N-67326, dated September 12, 1922, wherein was allowed $11.00 on account of his claim for arrears of retainer pay.

The settlement was based on a report from the Navy Department, Bureau of Navigation, dated August 3, 1922, that claimant was con

firmed in the rating of musician, first class, January 28, 1920, and retainer pay was accordingly allowed from that date.

It appears from a transcript of the claimant's record that he qualified by examination for the confirmed rating as musician, first class, January 1, 1919, and that he completed three months' sea duty necessary to entitle him to such rating on February 19, 1919. Having previously qualified by examination and been properly certified for the rating of musician, first class, his confirmation in such rating became effective on the date that be became eligible for confirmation by rendering the required sea service.

Claimant is accordingly entitled to the difference between retainer pay, in the provisional rating and in the confirmed rating as musician, first class, from February 19, 1919, to January 27, 1920, 11 months 9 days, at $5.663 per month, or $64.03.

Upon review of the matter the settlement is revised and $64.03 is allowed in addition to the $11.90 allowed by the settlement. A supplemental certificate will accordingly issue for $64.03.

PHOTOGRAPHS FOR IDENTIFICATION-CUSTOMS SERVICE. Photographs to be attached to identification certificates to be carried by employees of the customs service are an official requirement and the cost thereof may be reimbursed to the employees. (Distinguished from purchase of calling cards.)

Decision of Comptroller General McCarl, January 9, 1923.

The Secretary of the Treasury applied November 27, 1922, for review of settlement T-13258, in which were disallowed items amount. ing to $51.18 in the accounts of J. L. Summers, disbursing clerk, Treasury Department. The items were payments made to reimburse employees of the customs service for the making of photographs to be used in connection with identification certificate to be carried by the employees in question in order that they might identify themselves when necessary in the course of official business.

The employees were ordered by the Treasury Department to obtain the photographs and they were for official use.

The disallowance was based on decisions of the Comptroller of the Treasury disallowing payment for calling cards. The basis of those decisions was that calling cards are for the personal use of an employee and payment there for is not a proper charge against the United States.

The photographs in question were not for the personal use of the employees but were a Government requirement for use in connection with official business, and being procured under instructions from the Treasury Department the employees were entitled to be reimbursed the cost thereof.

The settlement is reversed as to the items in question, and $51.18 is certified for credit in the accounts of J. L. Summers, disbursing clerk, Treasury Department.

RENTAL ALLOWANCE DURING LEAVE-CHANGE OF STATION BEFORE DEPARTURE.

An officer of the Army granted a leave of absence from a station at which public quarters were available and subsequently to the granting of the leave detached from duty at that station and ordered at its expiration to a new station is not entitled to a rental allowance during the leave. Comptroller General McCarl to Maj. W. D. Dabney, United States Army, January 10, 1923.

I received September 19 your second indorsement of September 9, 1922, requesting decision whether you are authorized to pay voucher therewith transmitted stated in favor of Maj. W. R. Gruber, F. A., for rental allowance as an officer with dependents entitled to the pay of the third period August 1 to 23, inclusive, 1922, while the officer was on leave of absence.

It appears that while on duty at the Field Artillery School, Camp Knox, Ky., Major Gruber was, by paragraph 2 of camp Special Orders, No. 42, dated June 22, 1922, granted "academic leave of absence for two (2) months, effective on or about June 30, 1922." The voucher shows that he entered on leave under this order " July " 25, 1922. By paragraph 3 of War Department Special Orders, No. 169, dated July 21, 1922, he was relieved from further duty at Camp Knox, detailed as professor of military science and tactics, University of Oklahoma, Norman, Okla., and was directed " upon the expiration of his present leave of absence" to report at his station, Norman, Okla. The wording of this order raises a question whether the date of entry on leave is correctly shown on the voucher.

Whether or not Major Gruber occupied public quarters at Camp Knox while on duty there immediately prior to entering on leave is not shown. In a decision of December 26, 1922, 2 Comp. Gen., 399, it is said:

*

*

The law expresses no intent that an officer occupying quarters leaving a post, yard, or station to go on leave of absence shall thereupon be given rental allowance. The law does not preclude an officer, with or without dependents, absent * on leave of absence continuing to receive rental allowance previously in receipt of at permanent station because of nonavailability of quarters.

If, therefore, there were public quarters available for Major Gruber's occupancy at Camp Knox when he entered on leave July 25, 1922 (or an earlier date if that is not the correct date), he is not entitled to rental allowance, and this is true although orders issued subsequent to the grant of leave relieved him from duty there and assigned him a new station effective on expiration of the leave of

absence. The case would be otherwise if when he entered on leave he was entitled to and in receipt of rental allowance because of nonavailability of public quarters for him at his station.

Because of the absence of essential information no more definite decision in the matter can be made.

GUARDING ABANDONED GOVERNMENT PROPERTY-CENTRAL HEATING, LIGHTING, AND POWER PLANT FOR PUBLIC BUILDINGS.

The construction of a central heating, lighting, and power plant for public buildings having been abandoned the appropriation therefor is not now available for heating the temporary quarters of the watchmen guarding Government property left on the abandoned site, and such expense is chargeable to the contingent expense appropriation of the Treasury Department.

Comptroller General McCarl to the Secretary of the Treasury, January 11 1923.

I have your letter of January 5, 1923, requesting decision whether the balance of the appropriation "Central heating, lighting, and power plant for public buildings," made by the acts of June 23, 1913, 38 Stat., 25, 26, February 28, 1916, 39 Stat., 19, and June 12, 1917, 40 Stat., 112, is available for the purchase of coal for heating temporary quarters of watchmen engaged in guarding valuable Government property left upon the site of the proposed plant when the project was abandoned.

The appropriation in question is one for the construction of the plant, which construction was commenced under contracts which have been terminated by agreement and settlement, the agreed amounts having been paid to contractors from the appropriation. The property which passed to the Government under the termination settlements is under the administrative care and responsibility of the Secretary of the Treasury.

The construction project having been finally abandoned, there is no longer authority for the use of the appropriation to pay the expense of the care and preservation of the property for which the Treasury Department is responsible. The expense of heating temporary quarters of Treasury watchmen assigned to guard this property is an expense of the Treasury Department chargeable to the same appropriation as other heating expense of that department, which is carried in the current appropriation act under the heading "Contingent expenses, Treasury Department," the subitem being purchase of coal, wood, etc.

Use of the construction appropriation for purchasing fuel for heating the temporary quarters of these watchmen accordingly is unauthorized and should be discontinued.

989449 0-32--29

RENTAL ALLOWANCE DURING LEAVE-QUARTERS AVAILABLE.

An officer of the Army who on the date he entered on leave from duty at his station was in the occupancy of quarters at said station, or for whom public quarters were there available for his occupancy during his absence therefrom upon the leave, is not entitled to a rental allowance for period of said leave.

Comptroller General McCarl to Capt. W. O. Johnson, United States Army, January 11, 1923.

There was received September 22 your letter of September 14, 1922, requesting decision whether you are authorized to pay voucher therewith transmitted in favor of Capt. Laurence Mickel, Infantry, D. O. L., for rental allowance for a captain of three years' service, apparently with dependents (the fact does not affirmatively appear), August 21 to September 3, 1922, under section 6, act of June 10, 1922, 42 Stat., 628. The voucher shows the officer entitled to pay of the third period, but the rental allowance is calculated as for an officer of the second period. See 2 Comp. Gen., 234.

By paragraph 3 of Special Orders, No. 188, and paragraph 2 of Special orders, No. 190, dated Headquarters Pacific Branch, United States Disciplinary Barracks, Alcatraz, Calif., August 17 and 19, 1922, respectively, Captain Mickel was granted 20 days' leave of absence, commencing on or about August 21, 1922. The voucher shows that he entered on this leave of absence August 21 and returned to duty September 3, 1922, an absence of 13 days. He certifies as follows:

I certify that neither I nor any of my dependents occupied public quarters during the period from August 21st, 1922, to September 3rd, 1922, during which time I was on leave pursuant S. O. No. 190 (par. 2), these headquarters dated August 19, 1922.

The commandant of the station makes the following certificate:

I certify that quarters on this post assigned to Captain Laurence Mickel, Infantry, D. O. L., were not occupied by him or his dependents during the period from August 20, 1922, to September 3, 1922.

The quarters were assigned to Captain Mickel when he entered on leave and apparently the assignment was continued in effect while he was on leave of absence, under paragraph 1033, Army Regulations. While he was on leave of absence the quarters were available for his actual occupancy if he so desired and his mere failure to occupy available quarters gives no right to rental allowance. The mere going on leave of absence does not initiate a right to rental allowance. Decision December 26, 1922, 2 Comp. Gen., 399. There is nothing in the law indicating that an overnight or longer absence from station and nonoccupancy of available and assigned quarters will give a right to rental allowance.

You are not authorized to pay the voucher.