A-24021, OCTOBER 23, 1928, 8 COMP. GEN. 207

A-24021: Oct 23, 1928

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THE FAILURE OF THE IMMEDIATE COMMANDANT TO STATE IN THE OFFICER'S ORDERS THAT THE TRAINING DUTY IN EXCESS OF 30 DAYS WAS TO BE WITHOUT PAY CAN NOT HAVE THE EFFECT OF AUTHORIZING ACTIVE DUTY PAY BEYOND 30 DAYS. THE SHIP WAS THEN EN ROUTE TO HONOLULU. YOU WERE DETACHED FROM THE U.S.S. YOU WERE CREDITED WITH PAY AND SUBSISTENCE ALLOWANCE FROM APRIL 14. INCLUDING THOSE WHO MAY HAVE BEEN RETIRED. THE SECRETARY OF THE NAVY IS REQUIRED. IT THEREFORE BECOMES HIS RESPONSIBILITY AND DUTY TO DETAIL MEMBERS OF THE NAVAL RESERVE FOR ACTIVE DUTY WITH PAY ONLY FOR SUCH PERIODS OF TIME AS IS PERMITTED BY THE APPROPRIATION. FOR PERIODS OF TRAINING BEYOND THAT FOR WHICH FUNDS ARE APPROPRIATED FOR PAYMENT OF ACTIVE DUTY PAY THE SECRETARY OF THE NAVY UNDER AUTHORITY OF THE CITED ACT OF FEBRUARY 28.

A-24021, OCTOBER 23, 1928, 8 COMP. GEN. 207

PAY - ACTIVE DUTY - NAVAL RESERVE OFFICER UNDER SECTION 20 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, THE SECRETARY OF THE NAVY MAY AUTHORIZE MEMBERS OF THE NAVAL RESERVE TO REPORT FOR ACTIVE TRAINING DUTY WITH OR WITHOUT PAY. WHEN THE SECRETARY OF THE NAVY AUTHORIZES, THROUGH THE BUREAU OF NAVIGATION, A RESERVE OFFICER TO REPORT FOR ACTIVE TRAINING DUTY, 30 DAYS WITH PAY AND THE BALANCE WITHOUT PAY, THE FAILURE OF THE IMMEDIATE COMMANDANT TO STATE IN THE OFFICER'S ORDERS THAT THE TRAINING DUTY IN EXCESS OF 30 DAYS WAS TO BE WITHOUT PAY CAN NOT HAVE THE EFFECT OF AUTHORIZING ACTIVE DUTY PAY BEYOND 30 DAYS.

COMPTROLLER GENERAL MCCARL TO LIEUT. A. G. DAVENPORT, UNITED STATES NAVAL RESERVE, OCTOBER 23, 1928:

THERE HAS BEEN RECEIVED YOUR CLAIM FOR ACTIVE DUTY PAY, TOGETHER WITH RENTAL AND SUBSISTENCE ALLOWANCES FROM MAY 13, 1928 TO MAY 29, 1928.

IT APPEARS THAT WITH YOUR CONSENT YOU REPORTED ON BOARD THE U.S.S. WEST VIRGINIA, AT SAN FRANCISCO, CALIF., APRIL 16, 1928, FOR ACTIVE TRAINING DUTY. THE SHIP WAS THEN EN ROUTE TO HONOLULU, HAWAII, TO PARTICIPATE IN FLEET MANEUVERS. ON MAY 12, 1928, YOU WERE DETACHED FROM THE U.S.S. WEST VIRGINIA, AT HONOLULU, AFTER COMPLETION OF 26 DAYS' TRAINING DUTY AND ON THE SAME DAY REPORTED TO THE COMMANDING OFFICER OF THE U.S.S. TEXAS, FOR TRANSPORTATION TO SAN FRANCISCO, AND COMPLETION OF TRAINING DUTY. YOU WERE CREDITED WITH PAY AND SUBSISTENCE ALLOWANCE FROM APRIL 14, 1928, TO MAY 12, 1928.

SECTION 9 OF THE ACT APPROVED FEBRUARY 28, 1925, 43 STAT. 1082, WHICH CREATED AND ESTABLISHED THE NAVAL RESERVE, PROVIDES, IN PART:

THAT OFFICERS AND MEN OF THE NAVAL RESERVE, INCLUDING THOSE WHO MAY HAVE BEEN RETIRED, MAY BE ORDERED TO ACTIVE DUTY BY THE SECRETARY OF THE NAVY IN TIME OF WAR OR WHEN IN THE OPINION OF THE PRESIDENT A NATIONAL EMERGENCY EXISTS * * *; BUT IN TIME OF PEACE, EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, THEY SHALL ONLY BE ORDERED TO OR CONTINUED ON ACTIVE DUTY WITH THEIR OWN CONSENT: PROVIDED, THAT THE SECRETARY OF THE NAVY MAY RELEASE ANY OFFICER OR MAN FROM ACTIVE DUTY AT ANY TIME.

SECTION 20 OF THE ACT PROVIDES:

THAT IN TIME OF PEACE, EXCEPT AS HEREIN OTHERWISE PROVIDED, OFFICERS AND ENROLLED AND ENLISTED MEN OF THE FLEET NAVAL RESERVE SHALL BE REQUIRED TO PERFORM SUCH TRAINING DUTY, NOT TO EXCEED FIFTEEN DAYS ANNUALLY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, UNLESS EXCUSED THEREFROM FOR GOOD AND SUFFICIENT REASONS BY DIRECTION OF THE SECRETARY OF THE NAVY: PROVIDED, THAT THEY MAY BE GIVEN ADDITIONAL TRAINING OR OTHER DUTY, EITHER WITH OR WITHOUT PAY, AS MAY BE AUTHORIZED, WITH THEIR CONSENT, BY THE SECRETARY OF THE NAVY. * * *

THE ANNUAL APPROPRIATION ACTS PROVIDE FOR THE EXPENSES OF TRAINING OFFICERS AND MEN OF THE NAVAL RESERVE WHILE ON ACTIVE DUTY WITH AND WITHOUT PAY. UNDER SECTION 3679, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 27, 1906, 34 STAT. 49, THE SECRETARY OF THE NAVY IS REQUIRED, UNDER PENALTY PRESCRIBED THEREIN, TO CONFINE THE EXPENDITURES AND OBLIGATIONS OF THE NAVY DEPARTMENT TO THE AMOUNTS APPROPRIATED FOR THE PARTICULAR PURPOSE. IT THEREFORE BECOMES HIS RESPONSIBILITY AND DUTY TO DETAIL MEMBERS OF THE NAVAL RESERVE FOR ACTIVE DUTY WITH PAY ONLY FOR SUCH PERIODS OF TIME AS IS PERMITTED BY THE APPROPRIATION. FOR PERIODS OF TRAINING BEYOND THAT FOR WHICH FUNDS ARE APPROPRIATED FOR PAYMENT OF ACTIVE DUTY PAY THE SECRETARY OF THE NAVY UNDER AUTHORITY OF THE CITED ACT OF FEBRUARY 28, 1925, MAY, IN HIS DISCRETION, AND WITH THEIR CONSENT, DETAIL OFFICERS AND ENROLLED AND ENLISTED MEN FOR ADDITIONAL TRAINING DUTY WITHOUT PAY.

BY DISPATCH OF THE BUREAU OF NAVIGATION, THE COMMANDANTS OF THE SEVERAL NAVAL DISTRICTS WERE INFORMED OF THE AVAILABILITY OF ACCOMMODATIONS AND THE OPPORTUNITY FOR OFFICERS OF THE NAVAL RESERVE TO GO ON THE HAWAIIAN CRUISE AS FOLLOWS:

6517 ACCOMMODATIONS FOR TRAINING NOT MORE THAN SEVENTY-THREE NAVAL RESERVE OFFICERS WILL BE MADE AVAILABLE DURING HAWAIIAN CRUISE BY COMMANDER IN CHIEF BATTLE FLEET, NINETEEN IN BATTLESHIPS, TWENTY-FIVE IN DESTROYERS, SIX IN AIRCRAFT SQUADRON, EIGHT IN SUBMARINES, AND FIFTEEN IN FLEET BASE FORCE. OFFICERS MUST REPORT SAN FRANCISCO IN MOST CASES SEVENTEEN APRIL. COMMANDANTS REQUESTED REPORT NAMES OF OFFICERS DESIRING THIS TRAINING DUTY BY DISPATCH WITH INFORMATION AS TO DUTY DESIRED. TRANSPORTATION TO AND FROM SAN FRANCISCO MUST BE AT NO EXPENSE TO THE GOVERNMENT. RETURN TRANSPORTATION TO UNITED STATES ON GOVERNMENT VESSELS WILL BE AVAILABLE FOR SOME OFFICERS FROM THREE MAY TO EIGHTEEN JUNE. OTHERS DESIRING TO RETURN WHEN GOVERNMENT VESSELS ARE NOT AVAILABLE MUST RETURN TO UNITED STATES AT OWN EXPENSE. 1445.

IN RESPONSE TO THIS DISPATCH THE COMMANDANT ELEVENTH NAVAL DISTRICT ADVISED THE BUREAU OF NAVIGATION BY DISPATCH, IN PART, AS FOLLOWS:

6329 SUPPLEMENTARY MY 6329 0955, FOLLOWING NAVAL RESERVE OFFICERS HAVE REQUESTED TRAINING DUTY WITH FLEET: LIEUT. ALLEN G. DAVENPORT, D.F. * * *. DAVENPORT HAS HAD NO DUTY CURRENT YEAR. RECOMMEND THIRTY DAYS' TRAINING DUTY WITH PAY AND BALANCE DUTY WITHOUT PAY. 0945. THE COMMANDANT ELEVENTH NAVAL DISTRICT AS FOLLOWS:

6530 YOUR 6329 0945, COMMANDANT AUTHORIZED ORDER LIEUTENANT ALLEN G. DAVENPORT, D.F., U.S.S. HOLLAND * * * NOT TO EXCEED THIRTY DAYS' TRAINING DUTY WITH PAY AND SUCH ADDITIONAL TRAINING DUTY WITHOUT PAY AS MAY BE AGREEABLE COMMANDING OFFICERS OF VESSELS * * *.

UNDER DATE OF APRIL 7, 1928, THE COMMANDANT ELEVENTH NAVAL DISTRICT AUTHORIZED YOU TO REPORT FOR 30 DAYS' TRAINING DUTY WITH PAY NOT LATER THAN APRIL 17, 1928. THE AUTHORIZATION FOR YOU TO REPORT FOR TRAINING DUTY WAS MADE ON A PRINTED FORM PREPARED FOR USE IN ORDERING COMMISSIONED OR CHIEF WARRANT OFFICERS FOR 15 DAYS' TRAINING DUTY. ALTHOUGH IT WAS APPARENTLY KNOWN THAT YOU WOULD BE ON THE HAWAIIAN CRUISE FOR A PERIOD IN EXCESS OF 30 DAYS, PRESUMABLY THROUGH A CLERICAL ERROR, IT WAS NOT STIPULATED IN YOUR ORDER THAT FOR THE PERIOD AFTER 30 DAYS YOU WERE TO BE ON ACTIVE DUTY WITHOUT PAY.

THE COMMANDANT ELEVENTH NAVAL DISTRICT WAS AUTHORIZED BY THE BUREAU OF NAVIGATION, ACTING FOR THE SECRETARY OF THE NAVY, TO ORDER YOU TO ACTIVE DUTY WITH PAY FOR A PERIOD OF BUT 30 DAYS. SO MUCH OF YOUR ORDERS AS IS NOT IN ACCORD WITH THE AUTHORITY UNDER WHICH THEY WERE ISSUED IS INVALID, AND IS WITHOUT EFFECT OR FORCE TO OBLIGATE THE UNITED STATES TO PAY YOU ACTIVE-DUTY PAY.

IT IS WITHIN THE POWER OF THE SECRETARY OF THE NAVY TO DECIDE WHEN A MEMBER OF THE NAVAL RESERVE SHALL BE ON ACTIVE DUTY, DENBY, SECRETARY OF THE NAVY OF THE UNITED STATES, V. BERRY, 263 U. S. 29, AND THERE IS NO AUTHORITY OF LAW THAT PERMITS THE PAYMENT TO YOU OF ACTIVE-DUTY PAY FOR THE PERIOD OF TRAINING PRESCRIBED BY THE SECRETARY OF THE NAVY TO BE WITHOUT PAY. 6 COMP. GEN. 190.

UNDER THE DEPARTMENT ORDERS AND THE APPLICABLE STATUTES YOUR TRAINING DUTY BEGAN WHEN YOU REPORTED ABOARD THE U.S.S. WEST VIRGINIA AT SAN FRANCISCO, APRIL 16, 1918, AND TERMINATED WHEN YOU WERE DETACHED FROM THE U.S.S. TEXAS AT THAT PLACE MAY 28, 1928, AND, FOR THE FIRST 30 DAYS THEREOF, YOU ARE ENTITLED TO BE PAID THE PAY AND ALLOWANCES OF A RESERVE OFFICER OF YOUR RANK AND LENGTH OF SERVICE ON SEA DUTY WITHOUT DEPENDENTS; THAT IS, PAY OF $230, PLUS SUBSISTENCE ALLOWANCE AT 60 CENTS PER DIEM, $18, OR $248, LESS 20 CENTS HOSPITAL FUND, $247.80. THE BALANCE OF YOUR TRAINING DUTY WAS "WITHOUT PAY" AND WAS AUTHORIZED ONLY ON CONDITION NO EXPENSE TO THE GOVERNMENT WOULD BE ENTAILED INCIDENT TO YOUR BEING AT SAN FRANCISCO AT THE APPROPRIATE TIME FOR PERFORMANCE OF DUTY.

YOU HAVE BEEN PAID $239.73 BY THE DISBURSING OFFICER OF THE U.S.S. WEST VIRGINIA FOR THE PERIOD APRIL 14, 1928, TO MAY 12, 1928, AND A CERTIFICATE WILL ISSUE IN DUE COURSE FOR THE DIFFERENCE BETWEEN THAT SUM AND $247.80 OTHERWISE DUE YOU.