A-10942, OCTOBER 31, 1925, 5 COMP. GEN. 309

A-10942: Oct 31, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

PAY AND ALLOWANCES ON 31ST DAY OF MONTH - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS ORDERED TO AND PERFORMED ACTIVE DUTY IN TRAINING FROM JULY 17 TO 31. HE IS ENTITLED. REGARDLESS OF THE FACT THAT BY A SUBSEQUENT ORDER HE WAS ORDERED TO ACTIVE DUTY AS AN INSTRUCTOR AT A CIVILIAN MILITARY TRAINING CAMP FROM AUGUST 1 TO 30. BY WHICH WAS DISALLOWED IN HIS DISBURSING ACCOUNTS THE SUM OF $2 REPRESENTING RENTAL ALLOWANCE PAID TO FIRST LIEUT. THE ACTS PERTINENT TO A CONSIDERATION OF THIS CASE ARE AS FOLLOWS: SECTION 3. - * * * THAT MEMBERS OF THE NATIONAL GUARD AND OFFICERS' RESERVE CORPS WHO HAVE OR SHALL BECOME ENTITLED FOR A CONTINUOUS PERIOD OF LESS THAN ONE MONTH TO FEDERAL PAY AT THE RATES FIXED FOR THE REGULAR ARMY.

A-10942, OCTOBER 31, 1925, 5 COMP. GEN. 309

PAY AND ALLOWANCES ON 31ST DAY OF MONTH - OFFICERS' RESERVE CORPS WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS ORDERED TO AND PERFORMED ACTIVE DUTY IN TRAINING FROM JULY 17 TO 31, 1924, BOTH DATES INCLUSIVE, OR FOR 15 DAYS, HE IS ENTITLED, UNDER THE PROVISIONS OF THE ACT OF SEPTEMBER 14, 1922, 42 STAT. 841, AND SECTION 3 OF THE ACT OF MARCH 4, 1923, 42 STAT. 1508, TO PAY AND ALLOWANCES FOR THE 31ST DAY OF THE CALENDAR MONTH, REGARDLESS OF THE FACT THAT BY A SUBSEQUENT ORDER HE WAS ORDERED TO ACTIVE DUTY AS AN INSTRUCTOR AT A CIVILIAN MILITARY TRAINING CAMP FROM AUGUST 1 TO 30, 1924, THE FIRST ORDER BEING SEPARATE AND DISTINCT AND IN NO WAY CONNECTED WITH OR AFFECTED BY THE REQUIREMENTS OF ACTIVE DUTY UNDER THE SUBSEQUENT ORDER.

E. F. ELY, CAPTAIN, FINANCE DEPARTMENT, UNITED STATES ARMY, HAS REQUESTED A REVIEW OF SETTLEMENT NO. M-14653-W, DATED AUGUST 31, 1925, BY WHICH WAS DISALLOWED IN HIS DISBURSING ACCOUNTS THE SUM OF $2 REPRESENTING RENTAL ALLOWANCE PAID TO FIRST LIEUT. WILLIAM MUNRO BOYER, INFANTRY, OFFICERS' RESERVE CORPS, FOR JULY 31, 1924, THE OFFICER HAVING BEEN REGARDED AS ON ACTIVE DUTY FOR A CONTINUOUS PERIOD OF MORE THAN ONE MONTH.

THE ACTS PERTINENT TO A CONSIDERATION OF THIS CASE ARE AS FOLLOWS:

SECTION 3, ACT OF SEPTEMBER 14, 1922, 42 STAT. 841, AMENDING THE ACT OF JUNE 30, 1922, 42 ID. 749---

* * * THAT MEMBERS OF THE NATIONAL GUARD AND OFFICERS' RESERVE CORPS WHO HAVE OR SHALL BECOME ENTITLED FOR A CONTINUOUS PERIOD OF LESS THAN ONE MONTH TO FEDERAL PAY AT THE RATES FIXED FOR THE REGULAR ARMY, WHETHER BY VIRTUE OF A CALL BY THE PRESIDENT, OF ATTENDANCE AT SCHOOL OR MANEUVER, OR OF ANY OTHER CAUSE, AND WHOSE ACCOUNTS HAVE NOT YET BEEN SETTLED, SHALL RECEIVE SUCH PAY FOR EACH DAY OF SUCH PERIOD; AND THE THIRTY-FIRST DAY OF A CALENDAR MONTH SHALL NOT BE EXCLUDED FROM THE COMPUTATION.

SECTION 3, ACT OF MARCH 4, 1923, 42 STAT. 1508---

THAT HEREAFTER THE PAYMENTS AUTHORIZED BY SECTION 3, ACT OF SEPTEMBER 14, 1922 (PUBLIC NUMBERED 299, SIXTY-SEVENTH CONGRESS), MAY INCLUDE THE ENTIRE AMOUNT LAWFULLY ACCRUING TO SUCH OFFICERS AS PAY, ALLOWANCES, AND MILEAGE ON ACCOUNT OF SUCH SERVICE, AND, INCLUDING PAY AND MILEAGE FOR THEIR RETURN HOME, MAY BE PAID TO THE OFFICERS DURING SAID PERIOD AND PRIOR TO THEIR DEPARTURE FROM THE CAMP OR OTHER PLACE AT WHICH SUCH SERVICE IS PERFORMED.

ACT OF JUNE 7, 1924, 43 STAT. 506 (APPROPRIATION FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1925/---

OFFICERS' RESERVE CORPS: FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR NOT EXCEEDING FIFTEEN DAYS' TRAINING, $2,000,000; FOR PAY AND ALLOWANCES OF MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ACCORDANCE WITH LAW, $400,466; FOR MILEAGE, REIMBURSEMENT OF ACTUAL TRAVELING EXPENSES, OR PER DIEM ALLOWANCES IN LIEU THEREOF AS AUTHORIZED BY LAW, $397,666: PROVIDED, THAT THE MILEAGE ALLOWANCE TO MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN CALLED INTO ACTIVE SERVICE FOR TRAINING FOR FIFTEEN DAYS OR LESS SHALL NOT EXCEED 4 CENTS PER MILE; * * *

NO PORTION OF THIS APPROPRIATION SHALL BE EXPENDED FOR THE PAY OF A RESERVE OFFICER ON ACTIVE DUTY FOR A LONGER PERIOD THAN FIFTEEN DAYS, EXCEPT SUCH AS * * * MAY BE DETAILED FOR DUTY AS INSTRUCTORS AT CIVILIAN MILITARY TRAINING CAMPS, * * *.

PARAGRAPH 1, SPECIAL ORDERS, 158, HEADQUARTERS SEVENTH CORPS AREA, OMAHA, NEBR., JULY 5, 1924, ORDERED FIRST LIEUT. WILLIAM MUNRO BOYER, INFANTRY, OFFICERS' RESERVE CORPS, OMAHA, NEBR., WITH HIS CONSENT, TO ACTIVE DUTY FOR TRAINING AT THE TRAINING CAMP, FORT DES MOINES, IOWA, FOR THE PERIOD JULY 17 TO 31, 1924, BOTH DATES INCLUSIVE, AND UPON COMPLETION THEREOF, IF NOT SOONER RELIEVED, TO RETURN TO HIS HOME SO AS TO ARRIVE THEREAT ON JULY 31, 1924, AND STAND RELIEVED FROM FURTHER ACTIVE DUTY. PARAGRAPH 47, SPECIAL ORDERS, 171, SAME HEADQUARTERS, DATED JULY 21, 1924, ORDERED THE OFFICER, WITH HIS CONSENT, TO ACTIVE DUTY AS AN INSTRUCTOR AT THE CITIZENS' MILITARY TRAINING CAMP, FORT DES MOINES, IOWA, FOR THE PERIOD AUGUST 1 TO 30, 1924, BOTH DATES INCLUSIVE, AND BEING ALREADY AT FORT DES MOINES, TO REPORT ON AUGUST 1, 1924, IN PERSON TO THE COMMANDING OFFICER THEREAT FOR THE ACTIVE DUTY DESIGNATED, UPON COMPLETION OF WHICH, IF NOT SOONER RELIEVED, TO RETURN TO HIS HOME SO AS TO ARRIVE THEREAT ON AUGUST 30, 1924, AND STAND RELIEVED FROM FURTHER ACTIVE DUTY.

LIEUTENANT BOYER WAS PAID ON VOUCHER 862, AUGUST, 1924, ACCOUNTS OF E. F. ELY, FINANCE DEPARTMENT, FOR THE PERIOD JULY 17 TO 31, 1924, BOTH DATES INCLUSIVE, THE SUM OF $83.34, PAY, AND $18, SUBSISTENCE ALLOWANCE, TOTAL $101.34, AND ON VOUCHER 794, NOVEMBER, 1924, ACCOUNTS OF ELY, RENTAL ALLOWANCE FROM JULY 17 TO AUGUST 30, 1924, INCLUDING JULY 31, IN THE SUM OF $90.

THE QUESTION FOR CONSIDERATION IS THE CORRECTNESS OF THE PAYMENT MADE FOR JULY 31. THE ACTIVE DUTY ORDERED BY SPECIAL ORDERS 158 FOR TRAINING PURPOSES WAS FOR A CONTINUOUS PERIOD OF 15 DAYS, INCLUDING THE 31ST OF JULY, ON WHICH DATE THE OFFICER WAS ORDERED TO RETURN HOME AND STAND RELIEVED FROM FURTHER ACTIVE DUTY. THE ACTIVE DUTY REQUIRED BY SPECIAL ORDERS 171, ISSUED SEVERAL DAYS SUBSEQUENT TO THE FIRST, WAS TO COMMENCE AUGUST 1, TERMINATING AUGUST 30, 1924, DURING WHICH PERIOD LIEUTENANT BOYER WAS TO PERFORM THE DUTIES OF INSTRUCTOR AT THE CITIZENS' MILITARY TRAINING CAMP. THE ORDERS ISSUED LIEUTENANT BOYER WERE SEPARATE AND DISTINCT, AND THE DUTIES REQUIRED WERE DISSIMILAR AND HAD NO CONNECTION WHATSOEVER WITH EACH OTHER. SECTION 3 OF THE ACT OF MARCH 4, 1923, AUTHORIZES THE PAYMENT TO AN OFFICER OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR TRAINING FOR A PERIOD OF 15 DAYS OF HIS PAY AND ALLOWANCES, AS WELL AS MILEAGE FOR HIS RETURN TRIP, DURING THE PERIOD OF TRAINING AND PRIOR TO HIS RETURN HOME. THE ACT OF SEPTEMBER 14, 1922, PROVIDES THAT WHEN A MEMBER OF THE OFFICERS' RESERVE CORPS SHALL BECOME ENTITLED FOR A CONTINUOUS PERIOD OF LESS THAN ONE MONTH TO FEDERAL PAY BY VIRTUE OF ATTENDANCE AT A SCHOOL OR ANY OTHER CAUSE HE SHALL RECEIVE PAY FOR EACH DAY THEREOF, INCLUSIVE OF THE 31ST DAY OF A CALENDAR MONTH. LIEUTENANT BOYER'S ACTIVE-DUTY PERIOD IN TRAINING WAS FROM JULY 17 TO 31, 1924, BOTH DATES INCLUSIVE, OR 15 DAYS, AND HE WAS THEREFORE ENTITLED TO RECEIVE PAY AND ALLOWANCES FOR THE 31ST DAY OF THE MONTH.

UPON REVIEW CREDIT IN THE SUM OF $2 IS ALLOWED CAPT. E. F. ELY, FINANCE DEPARTMENT, IN HIS DISBURSING ACCOUNTS.