A-24837, OCTOBER 24, 1928, 8 COMP. GEN. 210

A-24837: Oct 24, 1928

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MILITARY LEAVE - TARGET-PRACTICE MATCHES - FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED. 1928: BY YOUR DIRECTION I HAVE THIRD INDORSEMENT OF THE JUDGE ADVOCATE GENERAL OF THE NAVY. IT WAS HELD THAT EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED TO LEAVE UNDER SECTION 49 OF THE ACT OF MARCH 1. SAID DECISION WAS ADHERED TO UPON RECONSIDERATION IN DECISION OF MAY 5. THAT PRESENTED IN YOUR SUBMISSION IS THAT THE LATTER IS THE GENERAL QUESTION OF THE RIGHT TO LEAVE TO ATTEND TARGET MATCHES OUTSIDE THE DISTRICT OF COLUMBIA WHEREAS THE FORMER RELATED TO A SPECIFIC MATCH.

A-24837, OCTOBER 24, 1928, 8 COMP. GEN. 210

MILITARY LEAVE - TARGET-PRACTICE MATCHES - FEDERAL AND DISTRICT OF COLUMBIA EMPLOYEES EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED, UNDER SECTION 49 OF THE ACT OF MARCH 1, 1889, 25 STAT. 779, AS AMENDED BY THE ACT OF JULY 1, 1902, 32 STAT. 615, TO MILITARY LEAVE WHILE PARTICIPATING IN TARGET-PRACTICE MATCHES OUTSIDE THE DISTRICT OF COLUMBIA, EXCEPT AS TO MATCHES HELD IN CONNECTION WITH ANNUAL ENCAMPMENTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, OCTOBER 24, 1928:

BY YOUR DIRECTION I HAVE THIRD INDORSEMENT OF THE JUDGE ADVOCATE GENERAL OF THE NAVY, DATED OCTOBER 15, 1928, REQUESTING DECISION WHETHER "PERMANENT CIVILIAN EMPLOYEES OF THE GOVERNMENT MAY BE ALLOWED PAY, SUBJECT TO THE PROVISIONS OF THE ACT OF JULY 1, 1902 (32 STAT. 615) FOR MILITARY LEAVE WHILE PARTICIPATING IN TARGET-PRACTICE MATCHES HELD OUTSIDE OF THE DISTRICT OF COLUMBIA.'

IN DECISION OF MARCH 26, 1927, 6 COMP. GEN. 635, IT WAS HELD THAT EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA ARE NOT ENTITLED TO LEAVE UNDER SECTION 49 OF THE ACT OF MARCH 1, 1889, 25 STAT. 779, AS AMENDED BY THE ACT OF JULY 1, 1902, 32 STAT. 615, FOR THE PURPOSE OF ATTENDING THE FINAL "TRY UTS" AND THE INTERNATIONAL RIFLE MATCHES HELD AT ROME, ITALY, AS CANDIDATES FOR AND AS MEMBERS OF A RIFLE TEAM TO BE SENT BY THE NATIONAL RIFLE ASSOCIATION TO REPRESENT THE UNITED STATES. SAID DECISION WAS ADHERED TO UPON RECONSIDERATION IN DECISION OF MAY 5, 1927, A -17476.

THE ONLY DIFFERENCE BETWEEN THE QUESTION DECIDED IN THE DECISION OF MARCH 26, 1927, AND THAT PRESENTED IN YOUR SUBMISSION IS THAT THE LATTER IS THE GENERAL QUESTION OF THE RIGHT TO LEAVE TO ATTEND TARGET MATCHES OUTSIDE THE DISTRICT OF COLUMBIA WHEREAS THE FORMER RELATED TO A SPECIFIC MATCH. IT SHOULD BE NOTED THAT THE DECISION CITED SPECIFICALLY EXCEPTED RIFLE MATCHES HELD ELSEWHERE THAN IN THE DISTRICT OF COLUMBIA IF INCLUDED IN THE ANNUAL ENCAMPMENT OF THE DISTRICT OF COLUMBIA NATIONAL GUARD.

THE INSTANT REQUEST FOR DECISION IS BASED ON THE INCLUSION IN THE DISTRICT OF COLUMBIA APPROPRIATION ACT FOR THE FISCAL YEAR 1929 OF LANGUAGE AS FOLLOWS, 45 STAT. 678:

FOR EXPENSES OF TARGET PRACTICE MATCHES, INCLUDING MATCHES HELD OUTSIDE OF THE DISTRICT OF COLUMBIA AND TRAVEL INCIDENT THERETO, $2,500.

THE LANGUAGE "INCLUDING MATCHES HELD OUTSIDE THE DISTRICT OF COLUMBIA AND TRAVEL INCIDENT THERETO" MERELY MAKES THE MONEY APPROPRIATED UNDER THE ITEM QUOTED AVAILABLE FOR TARGET PRACTICE WITHIN AND OUTSIDE THE DISTRICT OF COLUMBIA. THE LANGUAGE IN QUESTION DOES NOT PURPORT TO AMEND AND DOES NOT AMEND THE ACTS UNDER THE AUTHORITY OF WHICH MILITARY LEAVE IS GRANTED TO EMPLOYEES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE DISTRICT OF COLUMBIA NATIONAL GUARD.