A-21001, FEBRUARY 6, 1928, 7 COMP. GEN. 462

A-21001: Feb 6, 1928

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PAY - DRILL - NAVAL RESERVE OFFICER WHERE AN OFFICER OF THE NAVAL RESERVE WAS NOT REGULARLY ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE AND HAS NOT PERFORMED THE APPROPRIATE DUTIES AS AN OFFICER NOT ATTACHED TO A DIVISION. HE IS NOT ENTITLED TO COMPENSATION UNDER SECTION 21 OF THE ACT OF FEBRUARY 28. IT WOULD APPEAR THAT CLAIMANT WAS TRANSFERRED TO THE FLEET NAVAL RESERVE JULY 1. THAT HE WAS HONORABLY DISCHARGED FROM SUCH SERVICE JUNE 5. HE WAS ASSIGNED TO THE FIFTIETH DIVISION. CERTIFICATES OF OFFICERS OF THAT ORGANIZATION ARE TO THE EFFECT THAT HE ATTENDED ALL DRILLS WITH THE FIFTIETH DIVISION. HE IS CLAIMING PAY FOR 51 DRILLS UNDER SECTION 21 OF THE ACT OF FEBRUARY 28. THAT CLAIMANT "WAS NOT REGULARLY ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE FOR THE PERIOD 1 JULY.

A-21001, FEBRUARY 6, 1928, 7 COMP. GEN. 462

PAY - DRILL - NAVAL RESERVE OFFICER WHERE AN OFFICER OF THE NAVAL RESERVE WAS NOT REGULARLY ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE AND HAS NOT PERFORMED THE APPROPRIATE DUTIES AS AN OFFICER NOT ATTACHED TO A DIVISION, HE IS NOT ENTITLED TO COMPENSATION UNDER SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 6, 1928:

LIEUT. (J.G.) KNUTE A. JOHNSTONE, E. F., UNITED STATES NAVAL RESERVE, HAS REQUESTED REVIEW OF SETTLEMENT NO. 0188402, DATED JUNE 18, 1927, DISALLOWING HIS CLAIM FOR DRILL PAY WITH HEADQUARTERS DIVISION, TENTH BATTALION, UNITED STATES NAVAL RESERVE, FROM JULY 1, 1925, TO JUNE 5, 1926.

IT WOULD APPEAR THAT CLAIMANT WAS TRANSFERRED TO THE FLEET NAVAL RESERVE JULY 1, 1925, PURSUANT TO THE PROVISIONS OF SECTION 1 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, AND THAT HE WAS HONORABLY DISCHARGED FROM SUCH SERVICE JUNE 5, 1926. IN HIS AFFIDAVIT EXECUTED OCTOBER 7, 1927, HE AVERRED THAT IN JUNE, 1925, HE WAS ASSIGNED TO THE FIFTIETH DIVISION, TENTH BATTALION, UNITED STATES NAVAL RESERVE FORCE, BY VERBAL ORDERS GIVEN BY COMMANDER CLYDE W. KELLY, AND CERTIFICATES OF OFFICERS OF THAT ORGANIZATION ARE TO THE EFFECT THAT HE ATTENDED ALL DRILLS WITH THE FIFTIETH DIVISION, UNITED STATES NAVAL RESERVE, DURING THE PERIOD FROM JULY 1, 1925, TO JUNE 5, 1926. HE IS CLAIMING PAY FOR 51 DRILLS UNDER SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, WHICH READS AS FOLLOWS:

OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION THEREOF, ORGANIZED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS FOR ATTENDING, UNDER COMPETENT ORDERS, EACH REGULAR DRILL, OR OTHER EQUIVALENT INSTRUCTION OR DUTY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: * * *

FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE, OFFICERS ABOVE THE GRADE OR RANK OF LIEUTENANT OF THE FLEET NAVAL RESERVE SHALL RECEIVE COMPENSATION AT THE RATE OF NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE NOT ATTACHED TO A DIVISION THEREOF, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS, EACH MONTH.

THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, REPORTED APRIL 13, 1927, THAT CLAIMANT "WAS NOT REGULARLY ATTACHED TO A DIVISION OF THE FLEET NAVAL RESERVE FOR THE PERIOD 1 JULY, 1925, TO 5 JUNE, 1926.' THE COMMANDING OFFICER OF THE SEVENTH NAVAL RESERVE AREA, DULUTH, MINN.--- THE OFFICER WHO IT IS ALLEGED BY VERBAL ORDERS ASSIGNED CLAIMANT TO A DIVISION--- STATED APRIL 26, 1927, THAT CLAIMANT WAS NOT ASSIGNED TO ANY DIVISION IN THE SEVENTH AREA FOR THE REASON THAT HE WAS NOT SUFFICIENTLY PROFICIENT IN HIS RANK TO TAKE OVER THE DUTIES OF JUNIOR OFFICER OF A DIVISION.

ON THE BASIS OF THE REPORT OF THE NAVY DEPARTMENT AND OF THE OFFICER WHO IT IS CLAIMED ASSIGNED THE CLAIMANT TO A DIVISION, IT MUST BE HELD THAT HE IS NOT ENTITLED TO COMPENSATION UNDER SECTION 21 OF THE ACT OF FEBRUARY 28, 1925.