A-12560, FEBRUARY 3, 1926, 5 COMP. GEN. 581

A-12560: Feb 3, 1926

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OFFICERS' RESERVE CORPS - PAY ON 31ST DAY OF MONTH WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS BY THE SAME ORDERS DIRECTED TO PERFORM ACTIVE DUTY FOR TRAINING FROM JULY 17 TO 31. HE WAS ON CONTINUOUS DUTY FOR A PERIOD OF 45 DAYS AND DOES NOT COME WITHIN THE PURVIEW OF THE ACT OF SEPTEMBER 14. REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED. CLAIMANT WAS ORDERED. WHEN ON ACTIVE DUTY ARE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE. PROVIDES THAT MEMBERS OF THE NATIONAL GUARD AND OFFICERS' RESERVE CORPS WHO BECOME ENTITLED TO FEDERAL PAY "FOR A CONTINUOUS PERIOD OFLESS THAN ONE MONTH SHALL BE PAID FOR EACH DAY AND THE THIRTY-FIRST DAY OF A CALENDAR MONTH INVOLVED IN ANY SUCH PERIOD IS NOT EXCLUDED FROM THE COMPUTATION.

A-12560, FEBRUARY 3, 1926, 5 COMP. GEN. 581

OFFICERS' RESERVE CORPS - PAY ON 31ST DAY OF MONTH WHERE A MEMBER OF THE OFFICERS' RESERVE CORPS WAS BY THE SAME ORDERS DIRECTED TO PERFORM ACTIVE DUTY FOR TRAINING FROM JULY 17 TO 31, 1925, OR FOR 15 DAYS, AND ACTIVE DUTY AS AN INSTRUCTOR AT A CIVILIAN MILITARY TRAINING CAMP FOR 30 DAYS FROM AUGUST 1 TO 30, 1925, HE WAS ON CONTINUOUS DUTY FOR A PERIOD OF 45 DAYS AND DOES NOT COME WITHIN THE PURVIEW OF THE ACT OF SEPTEMBER 14, 1922, 42 STAT. 841, ENTITLING HIM TO PAY FOR JULY 31, 1925. 5 COMP. GEN. 309, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO CAPT. S. B. ARMAT, UNITED STATES ARMY, FEBRUARY 3, 1926:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF DECEMBER 28, 1925, TRANSMITTING A VOUCHER IN FAVOR OF LIEUT.COL. ORLEAN ADDISON PRITCHETT, OFFICERS' RESERVE CORPS, FOR PAY AND RENTAL ALLOWANCE WHILE ON ACTIVE DUTY FOR TRAINING, JULY 31, 1925, AND REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED.

IT APPEARS THAT BY SPECIAL ORDERS, NO. 114, HEADQUARTERS FIRST CORPS AREA, CLAIMANT WAS ORDERED, WITH HIS CONSENT, TO PROCEED TO CAMP DEVENS, MASS., AND UPON ARRIVAL THEREAT TO REPORT TO THE COMMANDING GENERAL FOR DUTY FOR TRAINING FOR 15 DAYS, FROM JULY 17 TO 31, 1925, INCLUSIVE, AND FOR DUTY AS INSTRUCTOR AT THE CIVILIAN MILITARY TRAINING CAMP FOR 30 DAYS FROM AUGUST 1 TO 30, 1925, INCLUSIVE.

UNDER THE PROVISIONS OF SECTION 37A OF THE NATIONAL DEFENSE ACT AS AMENDED, 41 STAT. 776, MEMBERS OF THE OFFICERS' RESERVE CORPS, WHEN ON ACTIVE DUTY ARE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, PAY BEING COMPUTED PURSUANT TO SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763. SECTION 3 OF THE ACT OF SEPTEMBER 14, 1922, 42 STAT. 841, PROVIDES THAT MEMBERS OF THE NATIONAL GUARD AND OFFICERS' RESERVE CORPS WHO BECOME ENTITLED TO FEDERAL PAY "FOR A CONTINUOUS PERIOD OFLESS THAN ONE MONTH SHALL BE PAID FOR EACH DAY AND THE THIRTY-FIRST DAY OF A CALENDAR MONTH INVOLVED IN ANY SUCH PERIOD IS NOT EXCLUDED FROM THE COMPUTATION.

THE CLAIMANT IN THE INSTANT CASE WAS ORDERED TO DUTY, WITH HIS CONSENT, FOR A CONTINUOUS PERIOD OF 45 DAYS, A CASE NOT WITHIN THE PURVIEW OF THE ACT OF SEPTEMBER 14, 1922, WHICH APPLIES ONLY IN CASE A MEMBER IS ORDERED TO ACTIVE DUTY FOR A CONTINUOUS PERIOD OF LESS THAN ONE MONTH.

IN THE DECISION OF OCTOBER 31, 1925, 5 COMP. GEN. 309, REFERRED TO BY YOU, IT WAS HELD THE OFFICER WAS ENTITLED UNDER THE ACT OF SEPTEMBER 22, 1922, TO PAY FOR THE 15 DAYS' TRAINING DUTY ORDERED, AND THAT A LATER ORDER ASSIGNING HIM TO ACTIVE DUTY FOR 30 DAYS AS AN INSTRUCTOR DID NOT CHANGE HIS RIGHTS UNDER THE FIRST ORDER.