A-23221, AUGUST 13, 1928, 8 COMP. GEN. 69

A-23221: Aug 13, 1928

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PAY - ACTIVE DUTY - OFFICERS' RESERVE CORPS A MEMBER OF THE OFFICERS' RESERVE CORPS IS NOT ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY PURSUANT TO A COMPETENT ORDER. AN ORDER TO ACTIVE DUTY IN THE OFFICERS' RESERVE CORPS IS NOT EFFECTIVE TO PLACE AN OFFICER TO WHOM IT IS DIRECTED IN AN ACTIVE-DUTY STATUS PRIOR TO ITS DATE AND THE ACTIVE-DUTY STATUS UNDER THE ORDER DOES NOT COMMENCE UNTIL. THERE IS AN OFFICIAL AND NECESSARY COMPLIANCE THEREWITH. AN ORDER DIRECTED TO A MEMBER OF THE OFFICERS' RESERVE CORPS AUTHORIZING HIM TO ATTEND A COURSE OF INSTRUCTION AT AN ARMY SCHOOL IN AN INACTIVE STATUS MAY NOT BE AMENDED RETROACTIVELY TO PLACE SUCH OFFICER IN AN ACTIVE STATUS WHILE IN ATTENDANCE ON SUCH COURSE OF INSTRUCTION AND THE OFFICER IS NOT ENTITLED TO PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE DATE HE OFFICIALLY AND NECESSARILY COMPLIES WITH THE AMENDING ORDER TO ACTIVE DUTY.

A-23221, AUGUST 13, 1928, 8 COMP. GEN. 69

PAY - ACTIVE DUTY - OFFICERS' RESERVE CORPS A MEMBER OF THE OFFICERS' RESERVE CORPS IS NOT ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY PURSUANT TO A COMPETENT ORDER. AN ORDER TO ACTIVE DUTY IN THE OFFICERS' RESERVE CORPS IS NOT EFFECTIVE TO PLACE AN OFFICER TO WHOM IT IS DIRECTED IN AN ACTIVE-DUTY STATUS PRIOR TO ITS DATE AND THE ACTIVE-DUTY STATUS UNDER THE ORDER DOES NOT COMMENCE UNTIL, ON OR SUBSEQUENT TO ITS DATE, THERE IS AN OFFICIAL AND NECESSARY COMPLIANCE THEREWITH. AN ORDER DIRECTED TO A MEMBER OF THE OFFICERS' RESERVE CORPS AUTHORIZING HIM TO ATTEND A COURSE OF INSTRUCTION AT AN ARMY SCHOOL IN AN INACTIVE STATUS MAY NOT BE AMENDED RETROACTIVELY TO PLACE SUCH OFFICER IN AN ACTIVE STATUS WHILE IN ATTENDANCE ON SUCH COURSE OF INSTRUCTION AND THE OFFICER IS NOT ENTITLED TO PAY AND ALLOWANCES FOR ANY PERIOD PRIOR TO THE DATE HE OFFICIALLY AND NECESSARILY COMPLIES WITH THE AMENDING ORDER TO ACTIVE DUTY.

COMPTROLLER GENERAL MCCARL TO MAJ. E. B. SPILLER, UNITED STATES ARMY AUGUST 13, 1928:

THERE HAS BEEN RECEIVED YOUR APPLICATION OF MAY 11, 1928, FOR DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER PRESENTED BY FIRST LIEUT. GORDON WILLIS PATTEN, INFANTRY RESERVE, COVERING PAY AND ALLOWANCES FOR THE PERIOD FEBRUARY 23 TO APRIL 8, 1928, UNDER SPECIAL ORDERS, NOS. 42 AND 82, PROMULGATED FROM THE HEADQUARTERS, FIRST CORPS AREA, FEBRUARY 18 AND APRIL 9, 1928, RESPECTIVELY, AS FOLLOWS:

(SPECIAL ORDER NO. 42 OF FEBRUARY 18, 1928)

6. IN ACCORDANCE WITH AR 140-5, FIRST LIEUTENANT GORDON WILLIS PATTEN (0. -165714), INF.-RES. 5TH INFANTRY, 75 PROSPECT STREET, MANCHESTER, NEW HAMPSHIRE, UPON HIS OWN APPLICATION, IS AUTHORIZED TO REPORT TO THE COMMANDING OFFICER, FORT BENNING, GEORGIA, FOR THE PURPOSE OF PURSUING COURSE OF INSTRUCTION (RIFLE COURSE), ON AN INACTIVE STATUS AT THE INFANTRY SCHOOL THEREAT, BEGINNING FEBRUARY 27, 1928, AND TERMINATING MAY 29, 1928.

THE TRAINING AUTHORIZED HEREIN FOR THIS RESERVE OFFICER WILL BE WITHOUT EXPENSE AGAINST THE GOVERNMENT APPROPRIATIONS FOR PAY, MILEAGE, ALLOWANCES, AND TRANSPORTATION.

AN EFFICIENCY REPORT WILL BE RENDERED AS REQUIRED BY PARAGRAPH 67 B (1) AR 140-5, WAR DEPARTMENT, 1924.

(SPECIAL ORDER NO. 82 OF APRIL 9, 1928)

6. PARAGRAPH 6, SPECIAL ORDERS, NO. 42, THESE HEADQUARTERS, DATED FEBRUARY 18, 1928, IS AMENDED TO READ AS FOLLOWS:

"BY DIRECTION OF THE PRESIDENT, AND IN ACCORDANCE WITH LETTER FROM THE ADJUTANT GENERAL, DATED OCTOBER 13, 1927 (AG 353/2), FIRST LIEUTENANT GORDON WILLIS PATEN (O-165714), INF.-RES. 5TH INFANTRY, 75 PROSPECT STREET MANCHESTER, NEW HAMPSHIRE, WITH HIS CONSENT, IS ORDERED TO ACTIVE DUTY EFFECTIVE ON FEBRUARY 23, 1928. ON THAT DATE HE WILL PROCEED FROM HIS HOME TO FORT BENNING, GEORGIA, REPORTING IN PERSON TO THE COMMANDING OFFICER ON FEBRUARY 24, 1928, FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION (RIFLE COURSE) AT THE INFANTRY SCHOOL THEREAT, BEGINNING ON FEBRUARY 27, 1928, AND ENDING ON MAY 29, 1928. HE WILL RANK FROM DECEMBER 8, 1927.

"UNLESS SOONER RELIEVED THIS RESERVE OFFICER WILL RETURN TO HIS HOME IN TIME TO ARRIVE THEREAT ON MAY 31, 1928, UPON WHICH DATE HE WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY.

"THE EXPENSE WITH REFERENCE TO PAY AND ALLOWANCES IS CHARGEABLE TO FD 651/P2717/A3190-8.

"THIS RESERVE OFFICER HAVING AGREED TO PAY HIS OWN TRANSPORTATION, NO MILEAGE WILL BE PAID FOR TRAVEL PERFORMED IN COMPLIANCE WITH THIS ORDER.'

THE ORDER OF FEBRUARY 18, 1928, AUTHORIZING LIEUTENANT PATTEN, AT HIS OWN REQUEST, TO ATTEND SCHOOL AT FORT BENNING, GA., IN AN INACTIVE STATUS CAN NOT BE CONSIDERED FOR ANY PURPOSE AS CREATING AN ACTIVE DUTY STATUS.

SECTION 37-A OF THE NATIONAL DEFENSE ACT, AS AMENDED AND REENACTED IN SECTION 32 OF THE ACT OF JUNE 4, 1920, 41 STAT. 776, PROVIDES THAT:

A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY.

HIS PAY STATUS BEGINS ON THE DATE HE OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY AND ENDS ON THE DATE THAT HE IS ACTUALLY RELIEVED FROM ACTIVE DUTY. PARAGRAPH 28, ARMY REGULATIONS, 140- 5; 24 COMP. DEC. 331; 25 COMP. DEC. 364; 7 MS. COMP. GEN. 1529; AND 21 ID. 334; 17 ID. 1367, AND RECONSIDERATION THEREOF, 34 ID. 902.

THE ORDER OF APRIL 9, 1928, WAS THE FIRST ORDER TO ACTIVE DUTY ISSUED TO LIEUTENANT PATTEN AND THERE WAS NO REQUIREMENT UPON HIM TO COMPLY WITH SUCH ORDER PRIOR TO ITS DATE; HE, THEREFORE, CAN NOT BE CONSIDERED AS IN ACTIVE-DUTY STATUS OR AS ENTITLED TO PAY OR ALLOWANCES PRIOR THERETO. PAYMENT OF THE VOUCHER IS NOT AUTHORIZED.