A-19393, AUGUST 9, 1927, 7 COMP. GEN. 100

A-19393: Aug 9, 1927

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THE PAY AND ALLOWANCES TO WHICH OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE ARE ENTITLED WHILE ON ACTIVE DUTY BEGIN ON THE DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY ENTRAIN AND END ON THE DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY COULD REACH THEIR HOMES FOLLOWING DETACHMENT UNDER ORDERS OVER THE SHORTEST USUALLY TRAVELED ROUTE. FOR DECISION WHETHER HE IS AUTHORIZED TO CREDIT 5 OFFICERS AND 22 ENLISTED MEN OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WITH TRAVEL TIME WHEN A TRAIN LEAVES ERIE. ACTIVE DUTY IS PERFORMED BY THEM. - WHEN MEMBERS OF THE NAVAL RESERVE ARE ORDERED TO ACTIVE DUTY WITH PAY. THEY ARE ENTITLED TO ACTIVE-DUTY PAY FOR THE TIME REQUIRED IN TRAVELING (BY THE SHORTEST USUALLY TRAVELED ROUTE) TO AND FROM THE PLACE OF ACTIVE DUTY.

A-19393, AUGUST 9, 1927, 7 COMP. GEN. 100

PAY - ACTIVE DUTY - NAVAL RESERVE - COMPUTATION OF TRAVEL TIME UNDER SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, THE PAY AND ALLOWANCES TO WHICH OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE ARE ENTITLED WHILE ON ACTIVE DUTY BEGIN ON THE DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY ENTRAIN AND END ON THE DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY COULD REACH THEIR HOMES FOLLOWING DETACHMENT UNDER ORDERS OVER THE SHORTEST USUALLY TRAVELED ROUTE.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE NAVY, AUGUST 9, 1927:

THERE HAS BEEN RECEIVED, IN REFERENCE TO LETTER DATED DECEMBER 21, 1925 (A-12008), OF THIS OFFICE A LETTER DATED AUGUST 2, 1927, TRANSMITTING, BY YOUR DIRECTION, A REQUEST DATED JULY 21, 1927, OF LIEUT. DAYTON FISHER (S.C.), UNITED STATES NAVY, SUPPLY OFFICER, THE RECEIVING BARRACKS AT PHILADELPHIA, PA., FOR DECISION WHETHER HE IS AUTHORIZED TO CREDIT 5 OFFICERS AND 22 ENLISTED MEN OF THE NAVAL RESERVE FORCE ON ACTIVE DUTY WITH TRAVEL TIME WHEN A TRAIN LEAVES ERIE, PA., THEIR HOME, AT 6:05 P.M., AND ARRIVES AT PHILADELPHIA, PA., WHERE, APPARENTLY, ACTIVE DUTY IS PERFORMED BY THEM, AT 7:52 A.M. THE NEXT DAY, AND A TRAIN LEAVES PHILADELPHIA AT 8 P.M. AND ARRIVES AT ERIE AT 9:45 A.M. THE NEXT DAY, AND, IF SO, THE AMOUNT OF TRAVEL TIME WHICH HE SHOULD CREDIT TO THEM. HE DOES NOT STATE THE OFFICERS OR MEN PERFORMED TRAVEL ON THESE TRAINS.

SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1083, PROVIDES, IN SUBSTANCE, THAT COMMISSIONED OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE SHALL WHEN EMPLOYED ON ACTIVE DUTY RECEIVE THE SAME PAY AND ALLOWANCES AS COMMISSIONED OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY WITH CORRESPONDING RANK, GRADE, OR RATING AND OF THE SAME LENGTH OF SERVICE.

PARAGRAPH 4 (E), PAGE G5, OF THE NAVY PAY BILL OF INSTRUCTIONS, PROVIDES THAT---

WHEN MEMBERS OF THE NAVAL RESERVE ARE ORDERED TO ACTIVE DUTY WITH PAY, THEY ARE ENTITLED TO ACTIVE-DUTY PAY FOR THE TIME REQUIRED IN TRAVELING (BY THE SHORTEST USUALLY TRAVELED ROUTE) TO AND FROM THE PLACE OF ACTIVE DUTY.

DISBURSING OFFICERS WILL, AT THE TIME OF DETACHMENT FROM TRAINING DUTY, DETERMINE THE TIME NECESSARILY INVOLVED IN TRAVELING BACK TO THE PLACE WHERE THE RESERVIST WAS CALLED TO ACTIVE DUTY AND ALLOW PAY AND ALLOWANCES FOR SUCH TRAVEL TIME.

A DAY HAS BEEN DEFINED AS "THAT SPACE OF TIME WHICH ELAPSES BETWEEN TWO SUCCESSIVE MIDNIGHTS.' 2 BLACKSTONE COM. 141. ORDINARILY FRACTIONS OF A DAY ARE NOT RECOGNIZED IN THE GOVERNMENT SERVICE FOR THE PAYMENT OF SALARIES AND ALLOWANCES COMPUTED ON A MONTHLY OR ANNUAL BASIS. 5 COMP. GEN. 723.

THE APPLICATION OF THESE PRINCIPLES TO THE FACTS OF THIS CASE RESULTS IN THE CONCLUSION THAT THE PAY AND ALLOWANCES OF THE OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE ENTRAINING UNDER ORDERS AT ERIE, PA., FOR ACTIVE DUTY COMMENCED ON THAT DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY ENTRAINED AND ENDED ON THAT DATE WHEN BETWEEN THE HOURS OF TWO SUCCESSIVE MIDNIGHTS THEY COULD HAVE REACHED THEIR HOMES UNDER ORDERS OVER THE SHORTEST USUALLY TRAVELED ROUTE. THEIR ORDERS SHOULD SHOW THE DATE AND HOUR OF DEPARTURE FROM THEIR HOME, THE DATE AND HOUR OF REPORTING FOR ACTIVE DUTY, AND THE DATE AND HOUR OF DETACHMENT FROM ACTIVE DUTY UNDER ORDERS TO PROCEED TO THEIR HOMES.