A-26214, MARCH 9, 1929, 8 COMP. GEN. 482

A-26214: Mar 9, 1929

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IS NOT ENGAGED IN SERVICE OF THE GOVERNMENT OF THE UNITED STATES. IS NOT ENTITLED TO HALF PAY WHILE ON SUCH EXTENDED LEAVE SUBSEQUENT TO THE DATE ON WHICH HIS ACCUMULATED ANNUAL LEAVE EXPIRED. YOU WILL REGARD YOURSELF DETACHED FROM DUTY AS ASSISTANT CHIEF OF THE BUREAU OF AERONAUTICS AND GRANTED LEAVE OF ABSENCE FOR A PERIOD OF ONE YEAR. 2. UPON THE COMMENCEMENT OF THIS LEAVE YOU WILL IMMEDIATELY INFORM THE BUREAU OF THE EXACT DATE AND UPON THE EXPIRATION THEREOF YOU WILL RETURN THE ATTACHED FORM. LEIGH THE PURPOSE OF GRANTING EXTENDED LEAVE TO CAPTAIN LAND UNDER SAID ORDERS IS EXPLAINED IN LETTER OF JANUARY 31. IS THE VICE PRESIDENT AND TREASURER OF THE "DANIEL GUGGENHEIM FOUNDATION FOR THE PROMOTION OF AERONAUTICS.

A-26214, MARCH 9, 1929, 8 COMP. GEN. 482

PAY - EXTENDED LEAVE - NAVAL OFFICERS UNDER THE ACT OF FEBRUARY 11, 1925, 43 STAT. 879, AN OFFICER OF THE NAVY, DETACHED FROM DUTY AS ASSISTANT CHIEF OF THE BUREAU OF AERONAUTICS, GRANTED LEAVE OF ABSENCE FOR A PERIOD OF ONE YEAR, AND WHO, DURING SUCH PERIOD OF LEAVE, IS NOT ENGAGED IN SERVICE OF THE GOVERNMENT OF THE UNITED STATES, IN THE ABSENCE OF DIRECTION OTHERWISE BY THE PRESIDENT, IS NOT ENTITLED TO HALF PAY WHILE ON SUCH EXTENDED LEAVE SUBSEQUENT TO THE DATE ON WHICH HIS ACCUMULATED ANNUAL LEAVE EXPIRED.

COMPTROLLER GENERAL MCCARL TO LIEUT. W. C. COLBERT, UNITED STATES NAVY, MARCH 9, 1929:

THERE HAS BEEN RECEIVED YOUR REQUEST OF FEBRUARY 5, 1929, FOR DECISION RELATIVE TO THE PAY STATUS OF CAPT. EMORY SCOTT LAND (CC), UNITED STATES NAVY, WHILE ON LEAVE OF ABSENCE UNDER ORDERS OF AUGUST 13, 1928, AS FOLLOWS: FROM: BUREAU OF NAVIGATION. TO: CAPT. EMORY S. LAND, CONSTRUCTION CORPS, U.S.N., ASSISTANT

CHIEF, BUREAU OF AERONAUTICS, NAVY DEPARTMENT. VIA: CHIEF OF BUREAU OF AERONAUTICS. SUBJECT: DETACHED DUTY AS ASSISTANT CHIEF OF BUREAU OF AERONAUTICS

AND GRANTED LEAVE OF ABSENCE FOR A PERIOD OF ONE YEAR.

1. WHEN DIRECTED BY THE CHIEF OF THE BUREAU OF AERONAUTICS ON OR ABOUT AUGUST 27, 1928, YOU WILL REGARD YOURSELF DETACHED FROM DUTY AS ASSISTANT CHIEF OF THE BUREAU OF AERONAUTICS AND GRANTED LEAVE OF ABSENCE FOR A PERIOD OF ONE YEAR.

2. KEEP THE BUREAU OF NAVIGATION ADVISED OF YOUR ADDRESS.

3. UPON THE COMMENCEMENT OF THIS LEAVE YOU WILL IMMEDIATELY INFORM THE BUREAU OF THE EXACT DATE AND UPON THE EXPIRATION THEREOF YOU WILL RETURN THE ATTACHED FORM, GIVING THE DATES OF COMMENCEMENT AND EXPIRATION.

R. H. LEIGH

THE PURPOSE OF GRANTING EXTENDED LEAVE TO CAPTAIN LAND UNDER SAID ORDERS IS EXPLAINED IN LETTER OF JANUARY 31, 1929, FROM THE BUREAU OF NAVIGATION TO THE OFFICER IN CHARGE OF OFFICERS' ACCOUNTS, BUREAU S. AND A., AS FOLLOWS:

1. CAPT. E. S. LAND (CC), U.S.N., IS THE VICE PRESIDENT AND TREASURER OF THE "DANIEL GUGGENHEIM FOUNDATION FOR THE PROMOTION OF AERONAUTICS, INCORPORATED," OF 598 MADISON AVE., NEW YORK CITY.

2. IT IS UNDERSTOOD THAT CAPTAIN LAND IS THE ACTIVE EXECUTIVE HEAD OF THE FOUNDATION, SUBJECT ONLY TO THE GENERAL DIRECTION OF ITS PRESIDENT, MR. HARRY GUGGENHEIM.

3. THE FOUNDATION IS AN ORGANIZATION FOR THE PROMOTION OF AERONAUTICS, OPERATING ON A FUND ESTABLISHED BY MR. DANIEL GUGGENHEIM. IT IS ENTIRELY A PRIVATE CORPORATION AND IS NOT DIRECTLY RELATED IN ANY WAY WITH THE FEDERAL GOVERNMENT OR WITH ANY STATE, COUNTY, OR MUNICIPAL GOVERNMENT OR SERVICE. ITS MAIN PURPOSE IS THE STIMULATION OF SCIENTIFIC RESEARCH IN AVIATION SUBJECTS, PARTICULARLY WITH RELATION TO THE INCREASE OF SAFETY IN FLYING. ITS ACTIVITIES AT PRESENT CONSIST IN CONDUCTING A COMPETITION FOR THE BEST AND SAFEST DESIGN FOR AN AEROPLANE, AS DEMONSTRATED BY ACTUAL PERFORMANCE, IN PERFECTING SAFETY APPLIANCES FOR PLANES, IN INVESTIGATING METHODS OF OVERCOMING DIFFICULTIES FOUND IN FOG FLYING AND NIGHT FLYING, AND IN CONDUCTING LABORATORY AND WIND-TUNNEL EXPERIMENTATION IN AEROPLANE DESIGN.

4. THE WORK OF THE FOUNDATION IS OF GREAT INTEREST AND PROSPECTIVE VALUE TO NAVAL AVIATION, AND IT IS BELIEVED OF EQUAL INTEREST AND VALUE TO MILITARY AND COMMERCIAL AVIATION.

5. THE GRANT TO CAPTAIN LAND OF THE EXTENDED LEAVE OF ABSENCE WAS MADE WITH A VIEW TO THE DIRECT VALUE TO THE NAVAL SERVICE OF HIS INTENDED WORK WITH THIS FOUNDATION.

R. H. LEIGH,

CHIEF OF BUREAU.

IT IS STATED THAT CAPTAIN LAND'S ACCUMULATED ANNUAL LEAVE EXPIRED ON JANUARY 3, 1929, AND THE QUESTION PRESENTED IS WHETHER HE IS ENTITLED TO ONE-HALF PAY SUBSEQUENT TO THAT DATE AS LONG AS HE REMAINS ON AUTHORIZED LEAVE UNDER SAID ORDERS.

SECTION 1265, REVISED STATUTES, PROVIDES:

OFFICERS WHEN ABSENT ON ACCOUNT OF SICKNESS OR WOUNDS, OR LAWFULLY ABSENT FROM DUTY AND WAITING ORDERS, SHALL RECEIVE FULL PAY; WHEN ABSENT WITH LEAVE, FOR OTHER CAUSES, FULL PAY DURING SUCH ABSENCE NOT EXCEEDING IN THE AGGREGATE THIRTY DAYS IN ONE YEAR, AND HALF-PAY DURING SUCH ABSENCE EXCEEDING THIRTY DAYS IN ONE YEAR. WHEN ABSENT WITHOUT LEAVE, THEY SHALL FORFEIT ALL PAY DURING SUCH ABSENCE, UNLESS THE ABSENCE IS EXCUSED AS UNAVOIDABLE.

THE ACT OF JULY 29, 1876, 19 STAT. 102, PROVIDES:

THAT AN ACT APPROVED MAY EIGHTH, EIGHTEEN HUNDRED AND SEVENTY-FOUR, IN REGARD TO LEAVE OF ABSENCE OF ARMY OFFICERS, BE, AND THE SAME IS HEREBY, SO AMENDED THAT ALL OFFICERS ON DUTY SHALL BE ALLOWED, IN THE DISCRETION OF THE SECRETARY OF WAR, SIXTY DAYS' LEAVE OF ABSENCE WITHOUT DEDUCTION OF PAY OR ALLOWANCE: PROVIDED, THAT THE SAME BE TAKEN ONCE IN TWO YEARS: AND PROVIDED FURTHER, THAT THE LEAVE OF ABSENCE MAY BE EXTENDED TO THREE MONTHS, IF TAKEN ONCE ONLY IN THREE YEARS, OR FOUR MONTHS IF TAKEN ONLY ONCE IN FOUR YEARS.

THE ABOVE QUOTED LAWS RELATING TO LEAVE OF ABSENCE OF OFFICERS OF THE ARMY ON THE ACTIVE LIST, WERE MADE APPLICABLE TO OFFICERS OF THE NAVY BY SECTION 13 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1007, AND THE ACT OF MAY 13, 1908, 35 STAT. 127. 6 COMP. GEN. 777; 15 COMP. DEC. 52, 656; 14 ID. 892; 11 ID. 576. THE ACT OF FEBRUARY 11, 1925, 43 STAT. 879, PROVIDES:

NO OFFICER OF THE NAVY OR MARINE CORPS, WHILE ON LEAVE OF ABSENCE ENGAGED IN A SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES, SHALL BE ENTITLED TO ANY PAY OR ALLOWANCES FOR A PERIOD IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO FULL PAY, UNLESS THE PRESIDENT OTHERWISE DIRECTS.

THIS PROVISION (THE PERMANENCY OF WHICH SEEMS UNQUESTIONED, SEE TITLE 34, SECTION 871, U.S.C.) IS A RESTRICTION ON THE PAY ACCRUING TO OFFICERS OF THE NAVY AND MARINE CORPS DURING LEAVE OF ABSENCE AND, IN EFFECT, DEPRIVES THESE OFFICERS OF HALF PAY DURING EXCESS LEAVE, AS AUTHORIZED BY SECTION 1265, REVISED STATUTES, UNLESS THE PRESIDENT SHALL DIRECT OTHERWISE. COMP. GEN. 94.) THE FACTS PRESENTED CLEARLY INDICATE THAT CAPTAIN LAND WAS ENGAGED IN SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES AND THERE IS NO SUBMISSION OF A DIRECTION OTHERWISE BY THE PRESIDENT. YOU ARE ADVISED THAT UNDER THE UNEQUIVOCAL TERMS OF THE LAW AND THE FACTS STATED, CAPTAIN LAND IS NOT ENTITLED TO ANY PAY OR ALLOWANCES WHILE ON EXTENDED LEAVE IN THE CIRCUMSTANCES STATED SUBSEQUENT TO THE DATE ON WHICH HIS ACCUMULATED ANNUAL LEAVE EXPIRED.