A-15998, OCTOBER 18, 1926, 6 COMP. GEN. 270

A-15998: Oct 18, 1926

Additional Materials:

Contact:

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

 

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

IN INTERSTATE RIFLE MATCHES BY MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT WHO ARE FEDERAL EMPLOYEES. FOR WHICH SUCH EMPLOYEES ARE ENTITLED TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY. A JUNIOR EXAMINER IN THE PATENT OFFICE WHO IS ALSO A SERGEANT IN THE DISTRICT OF COLUMBIA NATIONAL GUARD. WAS GRANTED 15 DAYS' MILITARY LEAVE TO ATTEND THE ENCAMPMENT OF THE DISTRICT OF COLUMBIA NATIONAL GUARD AND THAT ON SEPTEMBER 2. HE APPLIED FOR 16 DAYS' ADDITIONAL MILITARY LEAVE TO ATTEND THE RIFLE MATCHES WITH THE DISTRICT NATIONAL GUARD AND REQUESTING DECISION WHETHER HE IS ENTITLED TO MILITARY LEAVE TO ATTEND THE RIFLE MATCHES IN ADDITION TO THE ORDINARY AND CUSTOMARY MILITARY LEAVE GRANTED YEARLY TO MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD FOR ATTENDANCE AT THE ENCAMPMENT OF THAT ORGANIZATION.

A-15998, OCTOBER 18, 1926, 6 COMP. GEN. 270

MILITARY LEAVE - INTERSTATE RIFLE MATCHES - NATIONAL GUARD OF THE DISTRICT OF COLUMBIA THE TIME OF PARTICIPATION, PURSUANT TO COMPETENT ORDERS, IN INTERSTATE RIFLE MATCHES BY MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT WHO ARE FEDERAL EMPLOYEES, CONSTITUTES "DAYS OF SERVICE," WITHIN THE PURVIEW OF THE ACTS OF MARCH 1, 1889, 25 STAT. 779, AND JULY 1, 1902, 32 STAT. 615, FOR WHICH SUCH EMPLOYEES ARE ENTITLED TO LEAVE OF ABSENCE WITHOUT LOSS OF PAY, TIME OR EFFICIENCY RATING. DISTINGUISHED FROM 4 COMP. GEN. 65. (RESERVED BY 6 COMP. GEN. 635.)

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, OCTOBER 18, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 8, 1926, STATING THAT MR. HUGH E. RILEY, A JUNIOR EXAMINER IN THE PATENT OFFICE WHO IS ALSO A SERGEANT IN THE DISTRICT OF COLUMBIA NATIONAL GUARD, WAS GRANTED 15 DAYS' MILITARY LEAVE TO ATTEND THE ENCAMPMENT OF THE DISTRICT OF COLUMBIA NATIONAL GUARD AND THAT ON SEPTEMBER 2, 1926, HE APPLIED FOR 16 DAYS' ADDITIONAL MILITARY LEAVE TO ATTEND THE RIFLE MATCHES WITH THE DISTRICT NATIONAL GUARD AND REQUESTING DECISION WHETHER HE IS ENTITLED TO MILITARY LEAVE TO ATTEND THE RIFLE MATCHES IN ADDITION TO THE ORDINARY AND CUSTOMARY MILITARY LEAVE GRANTED YEARLY TO MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD FOR ATTENDANCE AT THE ENCAMPMENT OF THAT ORGANIZATION.

THERE HAS NOT BEEN SUBMITTED A COPY OF THE ORDERS SHOWING THE SPECIFIC DUTY REQUIRED OF MR. RILEY, BUT IT HAS BEEN ASCERTAINED BY INFORMAL INQUIRY OF THE OFFICE OF THE ADJUTANT GENERAL, DISTRICT OF COLUMBIA, THAT HE WAS IN ATTENDANCE AT THE INTERSTATE RIFLE MATCHES HELD AT SEA GIRT, N.J., FROM SEPTEMBER 3 TO 16, 1926, AND AT CAMP MEADE, MD., FROM SEPTEMBER 17 TO 19, 1926. HE RECEIVED NO PAY AND IS NOT ENTITLED TO ANY UNDER THE APPROPRIATIONS FOR THE MILITIA OF THE DISTRICT OF COLUMBIA DURING SUCH PERIODS.

IT HAS BEEN HELD THAT OFFICERS AND EMPLOYEES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD ARE ENTITLED TO LEAVE OF ABSENCE FROM THEIR DUTIES WITHOUT LOSS OF PAY OR TIME ON ALL DAYS WHILE PROPERLY IN THE PERFORMANCE OF NATIONAL GUARD DUTIES INDICATED IN THE ACTS OF MARCH 1, 1889, 25 STAT. 779, AND JULY 1, 1902, 32 STAT. 615; 2 COMP. GEN. 1, AND THAT PARTICIPATION IN THE INTERSTATE RIFLE MATCHES IS DUTY INDICATED IN SUCH ACTS, DECISION OF OCTOBER 12, 1922, TO THE SECRETARY OF THE NAVY. THESE DECISIONS ARE NOT INCONSISTENT WITH DECISIONS AS TO EMPLOYEES OF THE UNITED STATES WHO ARE MEMBERS OF THE NATIONAL GUARD OTHER THAN OF THE DISTRICT OF COLUMBIA WHOSE RIGHT TO "MILITARY" LEAVE IS THAT PROVIDED BY SECTION 80 OF THE ACT OF JUNE 3, 1916, 39 STAT. 203. SEE 4 COMP. GEN. 65.

YOU ARE ADVISED THAT UPON SUBMISSION TO YOU OF THE ORDERS TO MR. RILEY REQUIRING NATIONAL GUARD DUTY AS INDICATED IN THE ACTS OF MARCH 1, 1889, AND JULY 1, 1902, AND CERTIFICATION BY THE PROPER OFFICER OF THE NATIONAL GUARD THAT DUTY WAS PERFORMED AS REQUIRED BY HIS ORDERS, HE MAY BE GRANTED MILITARY LEAVE OF ABSENCE WITHOUT DEDUCTION OF PAY IN ADDITION TO THE 15 DAYS' MILITARY LEAVE HERETOFORE GRANTED.