A-1231, AUGUST 15, 1924, 4 COMP. GEN. 181

A-1231: Aug 15, 1924

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1924: I HAVE YOUR REQUEST FOR DECISION OF A QUESTION PRESENTED IN LETTER OF COMMANDER R. IN THE MATTER OF THE RIGHT OF NAVAL OFFICERS APPOINTED OR EMPLOYED BY THE PANAMA CANAL TO RECEIVE PAY FOR LEAVE NOT TAKEN UNDER THE SAME CONDITIONS AS EMPLOYEES OF THE CANAL WHO ARE OTHER THAN MILITARY OR NAVAL OFFICERS. WHICH IS THE AUTHORITY FOR THE APPOINTMENT OR EMPLOYMENT BY THE PANAMA CANAL OF NAVAL OFFICERS. THE AMOUNT OF THE OFFICIAL SALARY PAID TO ANY SUCH PERSONS SHALL BE DEDUCTED FROM THE AMOUNT OF SALARY OR COMPENSATION PROVIDED BY OR WHICH SHALL BE FIXED UNDER THE TERMS OF THIS ACT. * * * THIS PROVISION RECOGNIZES THAT IN THE PAYMENT BY THE PANAMA CANAL TO OFFICERS OF THE NAVY OF THEIR CANAL COMPENSATION SUCH AN AMOUNT AS IS MEASURED BY THEIR OFFICIAL SALARIES AS NAVAL OFFICERS BUT FOR SUCH EMPLOYMENT SHALL BE PAID FROM FUNDS APPROPRIATED FOR THE NAVY.

A-1231, AUGUST 15, 1924, 4 COMP. GEN. 181

PANAMA CANAL - PAY FOR LEAVE NOT TAKEN BY NAVAL OFFICERS NAVAL APPROPRIATIONS MAY NOT BE USED FOR THE PAYMENT TO NAVAL OFFICERS, SERVING AS APPOINTEES OF THE PANAMA CANAL UNDER THE ACT OF AUGUST 24, 1912, 37 STAT. 561, OF PAY FOR LEAVE ACCRUED BUT NOT GRANTED OR TAKEN.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 15, 1924:

I HAVE YOUR REQUEST FOR DECISION OF A QUESTION PRESENTED IN LETTER OF COMMANDER R. S. CULP, UNITED STATES NAVY, OF FEBRUARY 19, 1924, IN THE MATTER OF THE RIGHT OF NAVAL OFFICERS APPOINTED OR EMPLOYED BY THE PANAMA CANAL TO RECEIVE PAY FOR LEAVE NOT TAKEN UNDER THE SAME CONDITIONS AS EMPLOYEES OF THE CANAL WHO ARE OTHER THAN MILITARY OR NAVAL OFFICERS.

SECTION 4 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 561, WHICH IS THE AUTHORITY FOR THE APPOINTMENT OR EMPLOYMENT BY THE PANAMA CANAL OF NAVAL OFFICERS, PROVIDES:

* * * IF ANY OF THE PERSONS APPOINTED OR EMPLOYED AS AFORESAID SHALL BE PERSONS IN THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES, THE AMOUNT OF THE OFFICIAL SALARY PAID TO ANY SUCH PERSONS SHALL BE DEDUCTED FROM THE AMOUNT OF SALARY OR COMPENSATION PROVIDED BY OR WHICH SHALL BE FIXED UNDER THE TERMS OF THIS ACT. * * *

THIS PROVISION RECOGNIZES THAT IN THE PAYMENT BY THE PANAMA CANAL TO OFFICERS OF THE NAVY OF THEIR CANAL COMPENSATION SUCH AN AMOUNT AS IS MEASURED BY THEIR OFFICIAL SALARIES AS NAVAL OFFICERS BUT FOR SUCH EMPLOYMENT SHALL BE PAID FROM FUNDS APPROPRIATED FOR THE NAVY. SUCH OFFICIAL SALARIES IN TURN DO NOT INCLUDE ANY ADDITIONAL AMOUNT FOR LEAVE ACCRUED BUT NOT GRANTED OR TAKEN AND NAVAL FUNDS MAY NOT BE USED FOR SUCH PAYMENTS.

IN THE PARTICULAR CASE OF COMMANDER CULP HE HAS BEEN SERVING SINCE OCTOBER 17, 1922, UNDER A CANAL APPOINTMENT AS CAPTAIN OF THE PORT OF CRISTOBAL, CANAL ZONE, AND IS STILL SO SERVING. NO QUESTION OF THE PAYMENT TO HIM OF LEAVE PAY FOR ANY PERIOD OF HIS SERVICE UNDER SUCH CANAL APPOINTMENT APPEARS NOW IN CONTROVERSY OR HAS BEEN PRESENTED BY THE CANAL AUTHORITIES. SEE, IN THIS CONNECTION, SECTION 8, ACT OF JULY 31, 1894, 28 STAT. 208, AND SECTION 304 OF BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921, 42 STAT. 24.