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B-127318, MARCH 29, 1956, 35 COMP. GEN. 531

B-127318 Mar 29, 1956
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SUMMER TRAINING CAMP - MILITARY LEAVE ANNUAL LEAVE - DOUBLE COMPENSATION A FEDERAL EMPLOYEE WHO IS A MEMBER OF THE RESERVE OFFICERS TRAINING CORPS IS NOT A MEMBER OF A RESERVE COMPONENT OF THE ARMED SERVICES TO BE ENTITLED TO MILITARY LEAVE TO ATTEND A SUMMER TRAINING CAMP. NOR IS HE WITHIN THE MILITARY SERVICE EXCEPTION IN THE DUAL COMPENSATION STATUTES. THE GRANTING OF ANNUAL LEAVE TO AN EMPLOYEE WHILE HE IS RECEIVING R.O.T.C. WHICH ARE PAID FROM APPROPRIATED FUNDS. THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REQUESTS OUR DECISION WHETHER THERE WOULD BE ANY VIOLATION OF THE DUAL COMPENSATION OR OTHER STATUTES IN GRANTING AN EMPLOYEE ANNUAL LEAVE DURING A PORTION OF TIME SPENT AT THE RESERVE OFFICERS TRAINING CORPS CAMP WHICH HE IS REQUIRED TO ATTEND.

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B-127318, MARCH 29, 1956, 35 COMP. GEN. 531

OFFICERS AND EMPLOYEES - R.O.T.C. SUMMER TRAINING CAMP - MILITARY LEAVE ANNUAL LEAVE - DOUBLE COMPENSATION A FEDERAL EMPLOYEE WHO IS A MEMBER OF THE RESERVE OFFICERS TRAINING CORPS IS NOT A MEMBER OF A RESERVE COMPONENT OF THE ARMED SERVICES TO BE ENTITLED TO MILITARY LEAVE TO ATTEND A SUMMER TRAINING CAMP, NOR IS HE WITHIN THE MILITARY SERVICE EXCEPTION IN THE DUAL COMPENSATION STATUTES, 5 U.S.C. 59, AND, THEREFORE, THE GRANTING OF ANNUAL LEAVE TO AN EMPLOYEE WHILE HE IS RECEIVING R.O.T.C. MILITARY PAY AND ALLOWANCES, WHICH ARE PAID FROM APPROPRIATED FUNDS, WOULD CONTRAVENE THE DUAL COMPENSATION STATUTES.

TO THE ATTORNEY GENERAL, MARCH 29, 1956:

IN LETTER OF MARCH 13, 1956, YOUR REFERENCE A3, THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REQUESTS OUR DECISION WHETHER THERE WOULD BE ANY VIOLATION OF THE DUAL COMPENSATION OR OTHER STATUTES IN GRANTING AN EMPLOYEE ANNUAL LEAVE DURING A PORTION OF TIME SPENT AT THE RESERVE OFFICERS TRAINING CORPS CAMP WHICH HE IS REQUIRED TO ATTEND.

THE EMPLOYEE IN QUESTION IS EMPLOYED AT THE NEWARK OFFICE OF THE FEDERAL BUREAU OF INVESTIGATION IN GRADE GS-3 AT AN ANNUAL SALARY OF $3,175 AND IS A STUDENT AND A MEMBER OF THE RESERVE OFFICERS TRAINING CORPS AT SETON HALL. AS A MEMBER OF THE R.O.T.C. HE IS REQUIRED TO ATTEND A SUMMER CAMP FOR TRAINING PURPOSES AND PLANS TO DO SO FROM JUNE 23 TO AUGUST 4, 1956. DURING THIS COURSE HE WILL RECEIVE PAY FROM THE UNITED STATES GOVERNMENT AT THE RATE OF $78 A MONTH PLUS TRANSPORTATION COST TO AND FROM CAMP.

RESERVE OFFICERS TRAINING CAMPS ARE AUTHORIZED IN 10 U.S.C. 441. U.S.C. 443 REQUIRES PAYMENT TO THE MEMBERS WHILE AT SUCH CAMPS AT THE STATUTORY RATE PRESCRIBED FOR SOLDIERS OF THE SEVENTH GRADE OF THE REGULAR ARMY. APPROPRIATIONS FOR SUCH PAYMENTS ARE INCLUDED IN THE DEFENSE APPROPRIATION ACT FOR 1956 UNDER THE HEADING " RESERVE PERSONNEL"--- SEE ACT OF JULY 13, 1955, 69 STAT. 305.

THE ONLY AUTHORITY FOR EXCUSING EMPLOYEES OF THE UNITED STATES FOR MILITARY TRAINING (OTHER THAN MEMBERS OF THE NATIONAL GUARD) IS FOUND IN 10 U.S.C. 371, WHICH PROVIDES AS FOLLOWS:

ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ORDERED TO ACTIVE DUTY FOR TRAINING, OR ACTIVE DUTY, OR TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR: PROVIDED FURTHER, THAT MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES WHO ARE IN THE EMPLOY OF THE UNITED STATES GOVERNMENT OR OF THE DISTRICT OF COLUMBIA AND WHO ARE ORDERED TO DUTY BY PROPER AUTHORITY SHALL, WHEN RELIEVED FROM DUTY, BE RESTORED TO THE POSITIONS HELD BY THEM WHEN ORDERED TO DUTY. ITALICS SUPPLIED.)

MEMBERS OF THE R.O.T.C. ARE NOT MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES PRIOR TO COMPLETION OF THEIR TRAINING AND APPOINTMENT BY THE PRESIDENT AS RESERVE OFFICERS AS AUTHORIZED IN 10 U.S.C. 354. FOR COMPOSITION OF THE RESERVE COMPONENTS, SEE SECTION 202 OF THE ACT OF JULY 9, 1952, 66 STAT. 483, 50 U.S.C. 922; ALSO SECTIONS 301, 302, AND 303 OF THE SAME ACT AT PAGE 498, 50 U.S.C. 1021, 1022, 1023.

THE ACT OF MAY 10, 1916, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 120 AND 582, 5 U.S.C. 58 AND 59, PROVIDES:

SECTION 58. DOUBLE SALARIES.--- UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY ANY ACT SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM.

SECTION 59. SAME; EXCEPTIONS; RETIRED OFFICERS AND ENLISTED MEN OF ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR OFFICERS AND ENLISTED MEN OF MILITIA.

SECTION 58 OF THIS TITLE SHALL NOT APPLY TO RETIRED OFFICERS OR ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR TO OFFICERS AND ENLISTED MEN OF THE ORGANIZED MILITIA AND NAVAL MILITIA IN THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA.

MEMBERS OF THE R.O.T.C. DO NOT COME WITHIN THE EXCEPTIONS IN 5 U.S.C. 59, QUOTED ABOVE, AND AS BOTH THE COMPENSATION (SALARY) OF THE EMPLOYEE IN GRADE GS-3 AND HIS PAY WHILE IN TRAINING ARE PAID FROM APPROPRIATED FUNDS HE IS NOT ENTITLED TO LEAVE WITH PAY FROM HIS CIVILIAN POSITION WHILE ENGAGED IN SUCH TRAINING.

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