A-26218, JULY 2, 1929, 9 COMP. GEN. 1

A-26218: Jul 2, 1929

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PAY - LEAVE OF ABSENCE - ARMY OFFICER IN AN EXCESS LEAVE STATUS UNDER ARMY REGULATIONS THE LEAVE YEAR OF AN OFFICER IS COINCIDENT WITH THE FISCAL YEAR. WHERE AN OFFICER OF THE ARMY IS GRANTED LEAVE OF ABSENCE WHICH WILL EXTEND INTO THE FOLLOWING FISCAL YEAR. HE IS ENTITLED TO FULL PAY AND ALLOWANCES WHILE ON LEAVE DURING THE CURRENT FISCAL YEAR ONLY TO THE EXTENT OF THE LEAVE THEN TO HIS CREDIT. ONLY HALF-PAY AND NO ALLOWANCES ARE AUTHORIZED. 1929: THERE IS FOR CONSIDERATION YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. CAPTAIN IDE WAS GRANTED LEAVE OF ABSENCE FOR TWO MONTHS AND FIVE DAYS. HE REPORTED UPON TERMINATION OF THE PERIOD FOR WHICH LEAVE WAS GRANTED. HIS LEAVE RECORD SHOWS THAT HE WAS ENTITLED TO A LEAVE CREDIT OF 21 DAYS WHEN HE COMMENCED HIS LEAVE MAY 31.

A-26218, JULY 2, 1929, 9 COMP. GEN. 1

PAY - LEAVE OF ABSENCE - ARMY OFFICER IN AN EXCESS LEAVE STATUS UNDER ARMY REGULATIONS THE LEAVE YEAR OF AN OFFICER IS COINCIDENT WITH THE FISCAL YEAR, AND WHERE AN OFFICER OF THE ARMY IS GRANTED LEAVE OF ABSENCE WHICH WILL EXTEND INTO THE FOLLOWING FISCAL YEAR, ALTHOUGH GRANTED IN TERMS OF MONTHS AND DAYS, HE IS ENTITLED TO FULL PAY AND ALLOWANCES WHILE ON LEAVE DURING THE CURRENT FISCAL YEAR ONLY TO THE EXTENT OF THE LEAVE THEN TO HIS CREDIT, AND THEREAFTER, TO THE END OF THE CURRENT FISCAL YEAR, ONLY HALF-PAY AND NO ALLOWANCES ARE AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, JULY 2, 1929:

THERE IS FOR CONSIDERATION YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. K- 42700-W, DATED 17, 1929, DISALLOWING CREDIT IN YOUR ACCOUNTS FOR $7.70, OVERPAYMENT TO CAPT. HIRAM R. IDE, INFANTRY, UNITED STATES ARMY, ON VOUCHER NO. 7748, JUNE, 1927, ON ACCOUNT OF PAYMENT TO HIM IN FULL FOR ONE DAY WHILE ON LEAVE OF ABSENCE IN EXCESS OF THE TIME LEGALLY ACCRUING DURING THE FISCAL YEAR 1927, FOR WHICH COLLECTION HAS NOT BEEN MADE.

BY PARAGRAPH 11, SPECIAL ORDERS NO. 77, HEADQUARTERS, FOURTH CORPS AREA, DATED MAY 28, 1927, CAPTAIN IDE WAS GRANTED LEAVE OF ABSENCE FOR TWO MONTHS AND FIVE DAYS. THE OFFICER, PURSUANT THERETO, LEFT HIS STATION AT FORT BENNING, GA., MAY 30, 1927, AND, PURSUANT TO THE PROVISIONS OF PARAGRAPH 30, SPECIAL ORDERS NO. 124, WAR DEPARTMENT, DATED MAY 26, 1927, HE REPORTED UPON TERMINATION OF THE PERIOD FOR WHICH LEAVE WAS GRANTED, AUGUST 3, 1927, FOR DUTY AT ATLANTA, GA. HIS LEAVE RECORD SHOWS THAT HE WAS ENTITLED TO A LEAVE CREDIT OF 21 DAYS WHEN HE COMMENCED HIS LEAVE MAY 31, 1927. ON YOUR VOUCHER NO. 7748, JUNE, 1927, ACCOUNTS YOU PAID THE OFFICER IN FULL FOR THE MONTH OF JUNE, 1927, PAY $230, RENTAL ALLOWANCE $80, AND SUBSISTENCE ALLOWANCE $36. CREDIT WAS ORIGINALLY SUSPENDED ON ACCOUNT OF THIS PAYMENT IN THE AMOUNT OF $77. DURING APRIL, 1928, CAPTAIN IDE REMITTED $69.30, ACKNOWLEDGED OVERPAYMENT ON ACCOUNT OF EXCESS LEAVE FROM JUNE 22 TO 30, 1927. THE DISALLOWANCE OF THE DIFFERENCE OF $7.70 IS ON THE BASIS THAT THE OFFICER WAS ON EXCESS LEAVE FROM JUNE 21, 1927.

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. * * *.

THE ACT OF JULY 29, 1876, 19 STAT. 102, IS AS FOLLOWS:

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.

ARMY REGULATIONS 605-115 READ AS FOLLOWS:

3. HOW COMPUTED.--- A. LEAVE YEAR.--- THE LEAVE YEAR IS RECKONED FROM JULY 1 TO THE FOLLOWING JUNE 30, BOTH INCLUSIVE.

B. GENERAL.--- (1) IN DETERMINING THE PERIOD FOR WHICH AN OFFICER IS ENTITLED TO FULL PAY ON LEAVE, TIME WITHIN 4 SUCCESSIVE LEAVE YEARS, TERMINATING WITH THE ONE IN WHICH ABSENCE IS TAKEN, WILL BE CONSIDERED. IF THE ABSENCE DOES NOT COVER THE ENTIRE PERIOD FOR WHICH FULL PAY IS ALLOWED, THE BALANCE THEREOF WILL BE PLACED TO THE OFFICERS' CREDIT AS BELONGING TO THE LAST YEAR OR YEARS OF THE 4 CONSIDERED AND MAY BE MADE AVAILABLE FOR FUTURE LEAVE. * * *.

C. DAY OF DEPARTURE; DAY OF RETURN.--- THE DAY OF DEPARTURE, WHATEVER THE HOUR, IS COUNTED AS A DAY OF DUTY; THE DAY OF RETURN AS A DAY OF ABSENCE, EXCEPT AS PROVIDED IN PARAGRAPH 20D (1) (FOREIGN).

E. COMPUTING LEAVE CREDITS.--- LEAVE CREDITS DURING ANY LEAVE YEAR UNDER THE PROVISIONS OF THE STATUTES CITED IN PARAGRAPH 2A WILL BE COMPUTED AS FOLLOWS:

(1) LEAVE EXPRESSED IN MONTHS.--- EACH MONTH WILL BE CONSIDERED AS HAVING 30 DAYS, REGARDLESS OF THE NUMBER OF DAYS IN THE MONTH OR MONTHS IN WHICH THE LEAVE WAS ACTUALLY TAKEN.

(2) LEAVE EXPRESSED IN DAYS.--- EVERY DAY OF ABSENCE WILL BE COUNTED, BUT IN AGGREGATING SUCH ABSENCES 30 DAYS, WHETHER CONSECUTIVE OR OTHERWISE, WILL BE REGARDED AS A MONTH'S ABSENCE, E.G., THREE LEAVES OF 20, 15 AND 7 DAYS, RESPECTIVELY, WILL BE CHARGED AS ONE MONTH AND 12 DAYS.

UNDER THE LAWS AND REGULATIONS CITED, THE FISCAL YEAR IS THE UNIT AND LEAVE GRANTED INVOLVING TWO FISCAL YEARS IS FOR COMPUTATION ON THE BASIS OF EACH YEAR SEPARATELY. THE PAY HERE IN QUESTION IS FOR THE MONTH OF JUNE, 1927, AND ONLY THE LEAVE YEAR ENDING JUNE 30, 1927, IS INVOLVED. CAPTAIN IDE LEFT HIS STATION MAY 30, 1927, AT WHICH TIME HE HAD A LEAVE CREDIT OF 21 DAYS. WHILE HIS LEAVE WAS EXPRESSED IN MONTHS AND DAYS, THE LAW AUTHORIZED THE GRANTING OF LEAVE OF ABSENCE WITH FULL PAY AND ALLOWANCE FROM MAY 31, 1927, OF ONLY 21 DAYS, AND THEREAFTER FOR THE REMAINDER OF THE FISCAL YEAR HALF-PAY ONLY WAS AUTHORIZED. PARAGRAPH 3C (1) CITED, ON WHICH YOU BASE YOUR REQUEST FOR REVIEW, BY THE TERMS OF THE PRECEDING PARAGRAPH HAS APPLICATION TO "LEAVE CREDITS DURING ANY LEAVE YEAR.' THE GRANTING OF LEAVE IN TERMS OF MONTHS, WHERE THE LEAVE CREDIT IS LESS THAN A MONTH, OBVIOUSLY CANNOT HAVE THE EFFECT OF ENTITLING THE OFFICER TO ONE DAY WITH FULL PAY AND ALLOWANCES, IN EXCESS OF THE TIME FIXED BY LAW. HAD ONLY 21 DAYS' LEAVE WHICH HAD ACCRUED UNDER THE LAW BEEN GRANTED, IT WOULD HAVE EXPIRED JUNE 20, 1927, AND IT IS FOR SUCH PERIOD THAT FULL PAY AND ALLOWANCES ARE AUTHORIZED UNDER THE LAW. FROM JUNE 21 TO JUNE 30, 10 DAYS, CAPTAIN IDE WAS ON EXCESS LEAVE AND UNDER THE 1876 STATUTE WAS ENTITLED TO HALF-PAY. ACCORDINGLY, HE WAS OVERPAID ONE- HALF PAY AND ALL ALLOWANCES FOR ONE DAY, IN THE AMOUNT OF $7.70, WHICH HAS NOT BEEN REFUNDED.