A-17581, MARCH 17, 1927, 6 COMP. GEN. 595

A-17581: Mar 17, 1927

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IS NOT PROHIBITED BY SECTION 6 OF THE ACT OF MAY 10. A RURAL LETTER CARRIER IS NOT ENTITLED TO MILITARY LEAVE UNDER SECTION 80 OF THE NATIONAL DEFENSE ACT (ACT OF JUNE 3. WILLIAMS WAS ABSENT FROM HIS DUTY AS MAIL CARRIER ATTENDING A SIX WEEKS' COURSE OF INSTRUCTION AT THE ARMY ENGINEER SCHOOL. WILLIAMS EITHER APPLIED FOR OR WAS GRANTED ANNUAL LEAVE FOR ANY PORTION OF THE PERIOD COVERED BY HIS CLAIM. THE CLAIM FOR LETTER-CARRIER PAY IS PRESENTED UNDER THE PROVISIONS OF SECTION 80 OF THE NATIONAL DEFENSE ACT. UNDER THIS PROVISION OF LAW MEMBERS OF THE NATIONAL GUARD WHO ARE ALSO EMPLOYEES OF THE UNITED STATES ARE ENTITLED. THE LEAVE OF ABSENCE IS. WAS NOT ENGAGED IN COAST DEFENSE OR FIELD TRAINING.

A-17581, MARCH 17, 1927, 6 COMP. GEN. 595

LEAVES OF ABSENCE, MILITARY - COMPENSATION, DOUBLE A RURAL LETTER CARRIER IN ATTENDANCE AT A MILITARY SERVICE SCHOOL AS AN OFFICER OF THE NATIONAL GUARD, UNDER SECTION 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, IS NOT PROHIBITED BY SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, FROM RECEIVING PAY FOR ANY AUTHORIZED ANNUAL LEAVE GRANTED HIM FROM HIS DUTIES AS LETTER CARRIER. A RURAL LETTER CARRIER IS NOT ENTITLED TO MILITARY LEAVE UNDER SECTION 80 OF THE NATIONAL DEFENSE ACT (ACT OF JUNE 3, 1916, 39 STAT. 203, WHILE ATTENDING A MILITARY SERVICE SCHOOL AS AN OFFICER OF THE NATIONAL GUARD, UNDER SECTION 99 OF THE ACT AS AMENDED.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 17, 1927:

THE HON. CLAY STONE BRIGGS, M.C., HAS REFERRED TO THIS OFFICE THE CLAIM OF OSCAR G. WILLIAMS, FOR PAY AS THE MAIL CARRIER OF RURAL ROUTE NO. 2, CONROE, MONTGOMERY COUNTY, TEX., AT $1,860 PER ANNUM, FOR THE PERIOD APRIL 15, 1924, TO MAY 31, 1924, INCLUSIVE, WHILE MR. WILLIAMS WAS ABSENT FROM HIS DUTY AS MAIL CARRIER ATTENDING A SIX WEEKS' COURSE OF INSTRUCTION AT THE ARMY ENGINEER SCHOOL, FORT HUMPHRIES, VA., UNDER SPECIAL ORDERS, NO. 23, ADJUTANT GENERAL'S DEPARTMENT, TEXAS NATIONAL GUARD, AND SECTION 99 OF THE NATIONAL DEFENSE ACT OF/JUNE 3, 1916, 39 STAT. 207, AS AMENDED BY SECTION 5 OF THE ACT OF SEPTEMBER 22, 1922, 42 STAT. 1035.

MR. WILLIAMS ATTENDED THE ENGINEER SCHOOL AS A FIRST LIEUTENANT OF COMPANY F, ONE HUNDRED AND ELEVENTH ENGINEERS, TEXAS NATIONAL GUARD, AND RECEIVED THE PAY AND ALLOWANCES PROVIDED IN THE PAY ADJUSTMENT ACT OF JUNE 10, 1922, FOR A NATIONAL GUARD OFFICER OF THAT RANK ENTITLED TO FEDERAL PAY.

IT DOES NOT APPEAR THAT MR. WILLIAMS EITHER APPLIED FOR OR WAS GRANTED ANNUAL LEAVE FOR ANY PORTION OF THE PERIOD COVERED BY HIS CLAIM. HAD HE BEEN GRANTED ANY ANNUAL LEAVE FOR SUCH PERIOD, SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, WOULD NOT OPERATE TO DEPRIVE HIM OF THE RIGHT TO PAY THEREFOR AS A RURAL LETTER CARRIER. 47 MS. COMP. GEN. 1083.

PRESUMABLY, HOWEVER, THE CLAIM FOR LETTER-CARRIER PAY IS PRESENTED UNDER THE PROVISIONS OF SECTION 80 OF THE NATIONAL DEFENSE ACT, JUNE 3, 1916, 39 STAT. 203, WHICH PROVIDES:

ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ENGAGED IN FIELD OR COAST-DEFENSE TRAINING ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS ACT.

UNDER THIS PROVISION OF LAW MEMBERS OF THE NATIONAL GUARD WHO ARE ALSO EMPLOYEES OF THE UNITED STATES ARE ENTITLED, AS EMPLOYEES OF THE UNITED STATES, TO LEAVE OF ABSENCE FOR THE PURPOSE THEREIN STATED IN ADDITION TO ANY ANNUAL LEAVE THAT MAY LEGALLY BE GRANTED THEM. THE LEAVE OF ABSENCE IS, HOWEVER, LIMITED TO THE TIME ENGAGED IN COAST DEFENSE OR FIELD TRAINING ORDERED OR AUTHORIZED UNDER THE NATIONAL DEFENSE ACT AND DOES NOT INCLUDE ABSENCE FOR ATTENDANCE AT UNITED STATES MILITARY SERVICE SCHOOLS OR ABSENCE FOR OTHER PURPOSES. 26 COMP. DEC. 551; 4 COMP. GEN. 65; 47 MS. COMP. GEN. 1083; 60 ID. 902.

AS MR. WILLIAMS, WHILE IN ATTENDANCE AT THE ENGINEER SCHOOL, FORT HUMPHRIES, VA., WAS NOT ENGAGED IN COAST DEFENSE OR FIELD TRAINING, HEIS NOT ENTITLED TO MILITARY LEAVE OF ABSENCE THEREFOR "WITHOUT LOSS OF PAY," ETC., AND HIS CLAIM MUST BE DISALLOWED.