Under authority of the act of Congress, approved June 10, 1922, the following allowances for quarters and subsistence for enlisted men who are not furnished quarters or rations in kind, are announced and made applicable to the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service: I. Table 1. Men on duty where quarters or rations in kind are not furnished will be granted daily allowances as follows: No Government messing facilities furnished Government messing facilities furnished A. Within the limits of the United States and its possessions, except Alaska: (a) Subsistence ----------------------- $1.20 $1.00 (b) Quarters -------------------------- .75 .75 B. All other places, including Alaska, and men absent from their ships on temporary duty not involving travel: (a) Subsistence ----------------------- 2.10 1.90 (b) Quarters -------------------------- 1.00 1.00 Note 1. Upon arrival at or departure from a station, where allowances for subsistence are paid, same will be computed at the rate of one-third of one day for each meal hour spent at the station during the day in question, in accordance with the following table: Breakfast: When arrival is before 6.30 a.m., or when departure is after 6.30 a.m. Dinner: When arrival is before 12.00 m., or when departure is after 12.00 m. Supper: When arrival is before 6.00 p.m., or when departure is after 6.00 p.m. No allowance for subsistence will be paid for the day on which a man arrives at a station after 6.00 p.m. Note 2. In determining the allowance for quarters, a fractional part of a day will be computed as a whole day, the day to begin at midnight. II. Table 2. Men traveling on duty where quarters or cooked or travel rations are not furnished for the journey will be granted daily allowances as follows: Travel status involving detention During time of actual travel by common carrier During time of actual travel other than by common carrier and during detention of not to exceed three days at one place following travel by any mode For the fourth to the sixth days (inclusive) of detention at one place For the seventh to the thirty- first days (inclusive) of detention at one place A. Within the limits of the United States and its possessions, except Alaska: (a) Subsistence $3.00 $2.25 $1.65 $1.40 (b) Quarters .75 1.50 1.00 .75 B. All other places, including Alaska: (a) Subsistence 4.00 2.50 2.50 2.10 (b) Quarters ------ 1.50 1.00 1.00 Note 1. When in a travel status, allowance for subsistence will be computed at the rate of one-third of one day for each meal hour while en route during the day of departure from and arrival at station, in accordance with the following table: Breakfast: When departure is before 6.30 a.m., or when arrival is after 6.30 a.m. Dinner: When departure is before 12.00 m., or when arrival is after 12.00 m. Supper: When departure is before 6.00 p.m., or when arrival is after 6.00 p.m. Note 2. In determining the allowance for quarters, a fractional part of a day will be computed as a whole day, the day to begin at midnight. Note 3. Men absent under orders from their regular stations, upon duty which involves travel and also temporary detentions during the journey, will be deemed to be traveling under orders during the entire period of such absence. Allowances for the periods spent in actual travel, and for the periods of detention to and including the thirty-first day thereof, will be as indicated in Table 2. For longer periods of detention at one place, the allowances prescribed in Table 1 will govern after the first thirty-one days. Note 4. The day on which a change is made from an actual travel to a detention status, or from a detention to an actual travel status, will be considered a day of actual travel in determining rates of allowances, both for subsistence and quarters, regardless of the hour of change. Note 5. The return of an enlisted man to a place of detention, after an absence therefrom under orders, will constitute the beginning of a new period of detention at that place, and the rates of allowances prescribed in the respective columns of Table 2 will govern accordingly. III.The allowance for quarters is chargeable to the day in which the night begins, and the man's status at midnight will determine the rate of allowance for quarters for that day. Not more than $4 for any one calendar day will be allowed to any one man under the provisions of this order. HERBERT HOOVER The White House, January 3, 1930.
Executive Order 5256—Commutation of Rations and Quarters to Enlisted Men
Executive Brief • At a Glance
For longer periods of detention at one place, the allowances prescribed in Table 1 will govern after the first thirty-one days.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on January 3, 1930, this order concerns Commutation of Rations and Quarters to Enlisted Men. The following allowances for quarters and subsistence for enlisted men who are not furnished quarters or rations in kind, are announced and made applicable to the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service: I. Table 1.
Key Directives & Operative Actions
For longer periods of detention at one place, the allowances prescribed in Table 1 will govern after the first thirty-one days.
The return of an enlisted man to a place of detention, after an absence therefrom under orders, will constitute the beginning of a new period of detention at that place, and the rates of allowances prescribed in the respective columns of Table 2 will govern accordingly.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 5256 (Jan. 3, 1930), https://executiveordersarchive.org/orders/app-executive-order-5256-commutation-rations-and-quarters-enlisted-men.