A-30022, JANUARY 11, 1930, 9 COMP. GEN. 284

A-30022: Jan 11, 1930

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COMPENSATION - SUSPENDED EMPLOYEE AN EMPLOYEE WHO WAS SUSPENDED FROM DUTY PENDING THE OUTCOME OF AN INVESTIGATION BY THE UNITED STATES ATTORNEY. WHOSE SUSPENSION WAS APPROVED BY THE HEAD OF THE DEPARTMENT WITH THE UNDERSTANDING THAT HE SHOULD BE ENTITLED TO HIS REGULAR COMPENSATION IN THE EVENT HE WAS PROVEN NOT GUILTY OF THE CHARGES PREFERRED AGAINST HIM. WHO WAS FOUND NOT GUILTY AND RESTORED TO A DUTY STATUS. 1930: THERE WAS RECEIVED ON DECEMBER 28. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER IN FAVOR OF JOHN WILLIAM SMITH COVERING PAY FOR THE PERIOD FROM JULY 3. IT APPEARS THAT JOHN WILLIAM SMITH WAS AN EMPLOYEE OF THE QUARTERMASTER CORPS AT THE NEW YORK GENERAL DEPOT.

A-30022, JANUARY 11, 1930, 9 COMP. GEN. 284

COMPENSATION - SUSPENDED EMPLOYEE AN EMPLOYEE WHO WAS SUSPENDED FROM DUTY PENDING THE OUTCOME OF AN INVESTIGATION BY THE UNITED STATES ATTORNEY, WHOSE SUSPENSION WAS APPROVED BY THE HEAD OF THE DEPARTMENT WITH THE UNDERSTANDING THAT HE SHOULD BE ENTITLED TO HIS REGULAR COMPENSATION IN THE EVENT HE WAS PROVEN NOT GUILTY OF THE CHARGES PREFERRED AGAINST HIM, AND WHO WAS FOUND NOT GUILTY AND RESTORED TO A DUTY STATUS, MAY NEVERTHELESS NOT BE PAID FOR THE PERIOD OF SUSPENSION DURING WHICH HE RENDERED NO SERVICE.

COMPTROLLER GENERAL MCCARL TO MAJ. W. D. DABNEY, UNITED STATES ARMY, JANUARY 11, 1930:

THERE WAS RECEIVED ON DECEMBER 28, 1929, YOUR LETTER OF DECEMBER 9, 1929, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER IN FAVOR OF JOHN WILLIAM SMITH COVERING PAY FOR THE PERIOD FROM JULY 3, TO DECEMBER 5, 1929.

IT APPEARS THAT JOHN WILLIAM SMITH WAS AN EMPLOYEE OF THE QUARTERMASTER CORPS AT THE NEW YORK GENERAL DEPOT, BROOKLYN, N.Y.; THAT ON JULY 3, 1929, HE WAS SUSPENDED FROM DUTY WITHOUT PAY EFFECTIVE JULY 3, 1929, PENDING THE OUTCOME OF A CERTAIN INVESTIGATION BY THE UNITED STATES ATTORNEY; THAT THE NOTICE OF SUSPENSION WAS GIVEN BY THE ACTING QUARTERMASTER SUPPLY OFFICER WHO, ON THE SAME DATE, RECOMMENDED THAT SUCH SUSPENSION BE CONFIRMED AND BE AUTHORIZED FOR 90 DAYS; THAT THE QUARTERMASTER GENERAL APPROVED THE RECOMMENDATION WITH THE UNDERSTANDING THAT THE SUSPENDED EMPLOYEE SHOULD BE ENTITLED TO HIS REGULAR COMPENSATION DURING THE PERIOD OF SUSPENSION IN THE EVENT THAT HE WAS NOT PROVEN GUILTY OF THE CHARGES PREFERRED AGAINST HIM; AND THAT THE SECRETARY OF WAR APPROVED THE SUSPENSION AS MODIFIED BY THE QUARTERMASTER GENERAL. ON SEPTEMBER 27, 1929, THE SUSPENSION WAS EXTENDED FOR A FURTHER PERIOD OF 90 DAYS.

ON DECEMBER 5, 1929, THE JURY BEFORE WHICH THE EMPLOYEE AND TWO OTHERS WERE TRIED RETURNED A VERDICT OF NOT GUILTY AS TO ALL DEFENDANTS AND THEY WERE DISCHARGED. ON DECEMBER 6, 1929, THE EMPLOYEE'S SUSPENSION WAS TERMINATED AND HE WAS RESTORED TO DUTY.

IT APPEARS THAT CLAIMANT RENDERED NO SERVICE DURING THE PERIOD FOR WHICH PAY IS CLAIMED, AND THE APPROPRIATION FOR PERSONAL SERVICES IN THE QUARTERMASTER CORPS IS NOT AVAILABLE TO PAY AN EMPLOYEE FOR A PERIOD DURING WHICH HE RENDERED NO SERVICE AND WAS NOT IN A STATUS OF LEAVE WITH PAY. SEE 7 COMP. GEN. 157; DECISION OF MARCH 26, 1928, A 19172; DECISION OF AUGUST 29, 1928, A-24132.

ACCORDINGLY, UPON THE FACTS APPEARING, YOU ARE ADVISED THAT THE EMPLOYEE IS NOT ENTITLED TO BE PAID FOR THE PERIOD JULY 3 TO DECEMBER 5, 1929. THE VOUCHER SUBMITTED WITH YOUR LETTER WILL BE RETAINED IN THIS OFFICE.