A-27888, JULY 15, 1929, 9 COMP. GEN. 13

A-27888: Jul 15, 1929

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LEAVES OF ABSENCE - MILITARY POSTAL SERVICE EMPLOYEES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS ARE NOT ENTITLED TO LEAVE WITH PAY. REQUESTING DECISION WHETHER POSTAL EMPLOYEES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS MAY BE GRANTED UNDER THE ACT OF MAY 12. THE TRAINING AND INSTRUCTIONS REFERRED TO ARE THOSE AUTHORIZED BY SECTIONS 38 AND 39 OF ARMY REGULATIONS 140-5. - ALL AVAILABLE TRAINING FACILITIES WILL BE PLACED AT THE DISPOSAL OF RESERVE OFFICERS WHO DESIRE TO TAKE TRAINING ON AN INACTIVE STATUS WITHOUT EXPENSE TO THE GOVERNMENT. ANY APPLICATION ON WHICH THE CORPS AREA COMMANDER IS NOT AUTHORIZED TO TAKE ACTION WILL BE REFERRED TO THE WAR DEPARTMENT WITH RECOMMENDATION. 39.

A-27888, JULY 15, 1929, 9 COMP. GEN. 13

LEAVES OF ABSENCE - MILITARY POSTAL SERVICE EMPLOYEES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS ARE NOT ENTITLED TO LEAVE WITH PAY, UNDER THE ACT OF MAY 12, 1917, 40 STAT. 72, WHILE ATTACHED BY THE WAR DEPARTMENT AT THEIR OWN EXPENSE AND ON THEIR VOLUNTARY APPLICATIONS FOR TRAINING AND INSTRUCTION AS AUTHORIZED BY SECTIONS 38 AND 39 OF ARMY REGULATIONS 140 5 OF JANUARY 16, 1928.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 15, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 3, 1929, REQUESTING DECISION WHETHER POSTAL EMPLOYEES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS MAY BE GRANTED UNDER THE ACT OF MAY 12, 1917, 40 STAT. 72, 15 DAYS' LEAVE WITH PAY WHEN ATTACHED AT THEIR OWN EXPENSE FOR TRAINING AND INSTRUCTIONS.

THE TRAINING AND INSTRUCTIONS REFERRED TO ARE THOSE AUTHORIZED BY SECTIONS 38 AND 39 OF ARMY REGULATIONS 140-5, DATED JANUARY 16, 1928, AS FOLLOWS:

38. TRAINING ON AN INACTIVE STATUS.--- ALL AVAILABLE TRAINING FACILITIES WILL BE PLACED AT THE DISPOSAL OF RESERVE OFFICERS WHO DESIRE TO TAKE TRAINING ON AN INACTIVE STATUS WITHOUT EXPENSE TO THE GOVERNMENT, WHETHER THE TRAINING BE BY PURSUANCE OF AN ESTABLISHED REGULAR OR SPECIAL COURSE OF INSTRUCTION AT GENERAL OR SPECIAL SERVICE SCHOOLS, BY ATTACHMENT TO DUTY WITH A REGULAR ARMY ORGANIZATION, OR OTHERWISE, PROVIDED THAT SUCH TRAINING IN ANY SPECIFIC CASE, IN THE OPINION OF THE CORPS AREA COMMANDER, BE NOT DETRIMENTAL TO THE BEST INTERESTS OF THE SERVICE. ANY APPLICATION ON WHICH THE CORPS AREA COMMANDER IS NOT AUTHORIZED TO TAKE ACTION WILL BE REFERRED TO THE WAR DEPARTMENT WITH RECOMMENDATION.

39. TRAINING ON AN INACTIVE STATUS WITH TROOPS.--- WHEN FACILITIES PERMIT, A RESERVE OFFICER UPON HIS OWN APPLICATION AND UNDER THE CONDITIONS STATED IN THIS PARAGRAPH MAY BE ATTACHED FOR TRAINING AND INSTRUCTION AT HIS OWN EXPENSE TO THE REGULAR ARMY, OR, WITH THE CONSENT OF THE PROPER STATE OFFICIALS, TO A UNIT OF THE NATIONAL GUARD, BUT ANY OFFICER SO ATTACHED WILL RECEIVE NO PAY NOR ALLOWANCES DURING THE PERIOD OF SUCH SERVICE. APPLICATIONS FOR SUCH TRAINING AND INSTRUCTION SHOULD BE MADE TO CORPS AREA COMMANDERS AND WILL BE GRANTED WHEN PRACTICABLE. * *

UNDER THE ACT OF MAY 12, 1917, CITED, OFFICERS AND EMPLOYEES OF THE UNITED STATES WHO SHALL BE MEMBERS OF THE OFFICERS' RESERVE CORPS ARE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATINGS, ON ALL DAYS DURING WHICH "THEY SHALL BE ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR.' THE SERVICE WITHIN THE PURVIEW OF THE ACT ENTITLING TO LEAVE WITH PAY WAS THAT PROVIDED FOR IN SECTION 39 OF THE ACT OF JUNE 3, 1916, 39 STAT. 191. SEE 24 COMP. DEC. 82; ID. 158.

SEC. 39 IS AS FOLLOWS:

INSTRUCTION OF OFFICERS OF THE OFFICERS' RESERVE CORPS.--- TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE SECRETARY OF WAR IS AUTHORIZED TO ORDER RESERVE OFFICERS TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR, AND WHILE SO SERVING SUCH OFFICERS SHALL RECEIVE THE PAY AND ALLOWANCES OF THEIR RESPECTIVE GRADES IN THE REGULAR ARMY; * * *.

THIS SECTION WAS SUPERSEDED BY SECTION 37A, ACT OF JUNE 4, 1920, 41 STAT. 776. THIS STATUTE AUTHORIZES THE SECRETARY OF WAR TO ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD, BUT IT IS PRESCRIBED THAT EXCEPT IN A NATIONAL EMERGENCY EXPRESSLY DECLARED BY CONGRESS, NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN 15 DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. IT THUS APPEARS THAT THE MILITARY SERVICE ENTITLING TO LEAVE WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATINGS IS THAT WHICH MAY BE LEGALLY REQUIRED OF MEMBERS, AND DURING THE PERIOD WHEN "ORDERED TO DUTY" BY COMPETENT MILITARY AUTHORITY. TRAINING ON INACTIVE STATUS ON THE VOLUNTARY APPLICATION OF RESERVE OFFICERS AS PROVIDED FOR IN ARMY REGULATIONS 140-5, IS NOT WITHIN THE PURVIEW OF THE ACT OF MAY 12, 1917, AND DOES NOT ENTITLE MEMBERS THUS PERMITTED TO TRAIN TO ANY OF THE BENEFITS PRESCRIBED THEREIN. YOUR QUESTION IS ANSWERED ACCORDINGLY.