A-15249, SEPTEMBER 17, 1926, 6 COMP. GEN. 190

A-15249: Sep 17, 1926

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INFORMATION IS REQUESTED AS TO THE PERIOD OF TIME FOR WHICH RICHARD WILLIAM KENNEDY. IS ENTITLED TO PAY. 2. THE CIRCUMSTANCES ARE AS FOLLOWS: UNDER THE DATE OF 3 JULY. WAS ORDERED TO FIFTEEN (15) DAYS ACTIVE DUTY FOR TRAINING. KENNEDY WAS TRANSFERRED TO THE NAVAL HOSPITAL. KENNEDY WAS DISCHARGED FROM TREATMENT AND THE SUPPLY OFFICER OF THE RECEIVING SHIP AT BOSTON NAVY YARD. WAS DIRECTED TO CLOSE OUT HIS ACCOUNT AND PAY HIM FOR FIFTEEN (15) DAYS' TRAINING DUTY WITH PAY. 3. IT IS STATED THEREIN THAT IN CASES WHERE MEMBERS OF THE NAVAL RESERVE ARE ORDERED TO TRAINING DUTY WITH PAY FOR A PERIOD OF FIFTEEN (15) DAYS AND ARE UNAVOIDABLY RETAINED ON DUTY FOR A LONGER PERIOD WITH THE APPROVAL OF THE SAME AUTHORITY UNDER WHICH THEIR ORDERS TO TRAINING DUTY WERE ISSUED THEY ARE ENTITLED TO ACTIVE DUTY PAY.

A-15249, SEPTEMBER 17, 1926, 6 COMP. GEN. 190

PAY - ACTIVE DUTY - NAVAL RESERVE A NAVAL RESERVIST ORDERED TO ACTIVE DUTY FOR TRAINING MAY NOT BE PAID ACTIVE DUTY PAY FOR ANY PERIOD BEYOND THE DATE FIXED IN HIS ORDERS FOR TERMINATION OF ACTIVE DUTY.

COMPTROLLER GENERAL MCCARL TO LIEUT. AMBROSE J. BARNUM, UNITED STATES NAVY, SEPTEMBER 17, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 28, 1926, REQUESTING DECISION AS FOLLOWS:

SUBJECT: KENNEDY, RICHARD WILLIAM, FIREMAN, THIRD CLASS, U.S.N.R. F 1 NO. 400-10-71, DECISION REQUESTED REGARDING PAY.

REFERENCE: (A) JOINT SERVICE PAY BILL, PAGE G5, ARTICLE 4 (E).

(B) NAVAL RESERVE REGULATIONS, PAGE 17, ARTICLE H1505

INCLOSURE: (A) COPY OF ORDER TO ENTER THE ACCOUNT OF RICHARD WILLIAM KENNEDY, F3C, U.S.N.R. NO. 400-10-71.

(B) COPY OF COMMANDANT'S ORDER DATED 21 JULY 1926, TO CLOSE THE ACCOUNT OF, AND RELEASE FROM ACTIVE DUTY, RICHARD WILLIAM KENNEDY, F3C, U.S.N.R.

1. INFORMATION IS REQUESTED AS TO THE PERIOD OF TIME FOR WHICH RICHARD WILLIAM KENNEDY, F3C, U.S.N.R., IS ENTITLED TO PAY.

2. THE CIRCUMSTANCES ARE AS FOLLOWS:

UNDER THE DATE OF 3 JULY, 1926, RICHARD WILLIAM KENNEDY, F3C, U.S.N.R., WAS ORDERED TO FIFTEEN (15) DAYS ACTIVE DUTY FOR TRAINING, WITH PAY. KENNEDY REPORTED ON BOARD THE U.S.S. KING ON 3 JULY, 1926, FOR THIS DUTY. ON 6 JULY, 1926, KENNEDY WAS TRANSFERRED TO THE NAVAL HOSPITAL, CHELSEA, MASSACHUSETTS, FOR TREATMENT (APPENDICITIS). UNDER THE DATE OF 21 JULY, 1926, KENNEDY WAS DISCHARGED FROM TREATMENT AND THE SUPPLY OFFICER OF THE RECEIVING SHIP AT BOSTON NAVY YARD, BOSTON, MASSACHUSETTS, WAS DIRECTED TO CLOSE OUT HIS ACCOUNT AND PAY HIM FOR FIFTEEN (15) DAYS' TRAINING DUTY WITH PAY.

3. REFERRING TO REFERENCE (A), IT IS STATED THEREIN THAT IN CASES WHERE MEMBERS OF THE NAVAL RESERVE ARE ORDERED TO TRAINING DUTY WITH PAY FOR A PERIOD OF FIFTEEN (15) DAYS AND ARE UNAVOIDABLY RETAINED ON DUTY FOR A LONGER PERIOD WITH THE APPROVAL OF THE SAME AUTHORITY UNDER WHICH THEIR ORDERS TO TRAINING DUTY WERE ISSUED THEY ARE ENTITLED TO ACTIVE DUTY PAY, ETC.

4. IT IS THE OPINION OF THE SUPPLY OFFICER OF THE RECEIVING SHIP AT BOSTON, MASSACHUSETTS, THAT REFERENCE (A) DOES NOT APPLY IN KENNEDY'S CASE, AS KENNEDY WAS TRANSFERRED FROM THE U.S.S. KING TO THE NAVAL HOSPITAL AT CHELSEA, MASSACHUSETTS, FOR TREATMENT; THEREFORE HE WAS NOT IN A TRAINING DUTY STATUS WHILE UNDERGOING TREATMENT.

5. PENDING A DECISION FROM THE COMPTROLLER GENERAL AS TO THE PERIOD FOR WHICH KENNEDY IS ENTITLED TO PAY, THE SUPPLY OFFICER OF THE RECEIVING SHIP AT BOSTON HAS PAID KENNEDY FROM 3 JULY, DATE OF REPORTING FOR ACTIVE DUTY FOR TRAINING, TO 5 JULY, 1926, THE DATE PRIOR TO REPORTING AT THE NAVAL HOSPITAL, CHELSEA, MASSACHUSETTS, FOR TREATMENT.

SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, PROVIDES:

* * * WARRANT OFFICERS AND MEN OF THE NAVAL RESERVE WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY WARRANT OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY OF THE SAME RANK, GRADE, OR RATING, AND OF THE SAME LENGTH OF SERVICE * * *.

SECTION 20 OF THE SAME ACT PROVIDES:

THAT IN TIME OF PEACE EXCEPT AS HEREIN OTHERWISE PROVIDED, OFFICERS AND ENROLLED AND ENLISTED MEN OF THE FLEET NAVAL RESERVE SHALL BE REQUIRED TO PERFORM SUCH TRAINING DUTY, NOT TO EXCEED FIFTEEN DAYS ANNUALLY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, UNLESS EXCUSED THEREFROM FOR GOOD AND SUFFICIENT REASONS BY DIRECTION OF THE SECRETARY OF THE NAVY: * * *.

KENNEDY'S ORDER TO ACTIVE DUTY FOR TRAINING WAS LIMITED TO 15 DAYS AND HE MAY NOT BE PAID AS ON ACTIVE DUTY AFTER THE EXPIRATION OF THAT PERIOD. SEE DENBY V. BERRY, 263 U.S. 29.