A-45164, OCTOBER 18, 1932, 12 COMP. GEN. 402

A-45164: Oct 18, 1932

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ARE NOT APPLICABLE TO ANY TIME AN OFFICER OF THE NAVY IS ABSENT FROM DUTY AND SUBJECT TO A FORFEITURE OF PAY UNDER SECTION 2 OF THE ACT OF MAY 17. DECISION IS REQUESTED AS TO WHAT IS TO BE CONSIDERED THE PROPER PROCEDURE IN COMPUTING COMPENSATION DEDUCTIONS IN ACCORDANCE WITH THE ACT OF JUNE 30. 1932 IN THE CASE OF COMMISSIONED NAVAL OFFICER WHOSE PAY IS BEING FORFEITED FOR ABSENCE FROM DUTY UNDER ACT OF MAY 17. THE CASE IN QUESTION IS THAT OF JEFFERSON OSCAR FORTE. WHO WAS ADMITTED FOR TREATMENT IN A MISCONDUCT STATUS AT THIS HOSPITAL ON SEPTEMBER 16. WHICH IS DIRECTLY ATTRIBUTABLE TO AND IMMEDIATELY FOLLOWS HIS OWN INTEMPERATE USE OF ALCOHOLIC LIQUORS OR HABIT-FORMING DRUGS. IS CHECKED FOR MISCONDUCT SEPT. 16 30.

A-45164, OCTOBER 18, 1932, 12 COMP. GEN. 402

ECONOMY ACT - LEGISLATIVE FURLOUGHS - FORFEITURE OF PAY UNDER ACT MAY 17, 1926 THE DEDUCTION AND IMPOUNDING FOR LEGISLATIVE FURLOUGHS UNDER SECTION 101 (B) OF THE ACT OF JUNE 30, 1932, ARE NOT APPLICABLE TO ANY TIME AN OFFICER OF THE NAVY IS ABSENT FROM DUTY AND SUBJECT TO A FORFEITURE OF PAY UNDER SECTION 2 OF THE ACT OF MAY 17, 1926, 44 STAT. 557.

COMPTROLLER GENERAL MCCARL TO LIEUT. H. R. HUBBARD, DISBURSING OFFICER, UNITED STATES NAVY, OCTOBER 18, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 29, 1932, REQUESTING DECISION AS FOLLOWS:

1. DECISION IS REQUESTED AS TO WHAT IS TO BE CONSIDERED THE PROPER PROCEDURE IN COMPUTING COMPENSATION DEDUCTIONS IN ACCORDANCE WITH THE ACT OF JUNE 30, 1932 IN THE CASE OF COMMISSIONED NAVAL OFFICER WHOSE PAY IS BEING FORFEITED FOR ABSENCE FROM DUTY UNDER ACT OF MAY 17, 1926.

2. THE CASE IN QUESTION IS THAT OF JEFFERSON OSCAR FORTE, CHIEF PHARMACIST, U.S. NAVY, WHO WAS ADMITTED FOR TREATMENT IN A MISCONDUCT STATUS AT THIS HOSPITAL ON SEPTEMBER 16, 1932. THE ACT OF MAY 17, 1926 PROVIDES THAT NO PERSON IN ACTIVE SERVICE IN THE NAVAL SERVICE WHO SHALL BE ABSENT FROM HIS REGULAR DUTIES FOR MORE THAN ONE DAY AT ANY ONE TIME ON ACCOUNT OF THE EFFECTS OF DISEASE, AS DISTINGUISHED FROM INJURY, WHICH IS DIRECTLY ATTRIBUTABLE TO AND IMMEDIATELY FOLLOWS HIS OWN INTEMPERATE USE OF ALCOHOLIC LIQUORS OR HABIT-FORMING DRUGS, SHALL, EXCEPT AS HEREINAFTER PROVIDED, BE ENTITLED TO ANY PAY, AS DISTINGUISHED FROM ALLOWANCES, FOR THE PERIOD OF SUCH ABSENCE.

3. THE ACCOUNT OF FORTE, AS CARRIED ON MY ROLLS FROM AUGUST 22, 1932 TO SEPTEMBER 30, 1932 (1 MONTH AND 9 DAYS) AT A MONTHLY RATE OF PAY OF $189.00, TOTALS $245.70, AND IS CHECKED FOR MISCONDUCT SEPT. 16 30, 1932, $94.50, WITH A COMPENSATION DEDUCTION FOR THE FURLOUGH ACT OF JUNE 30, 1932, OF $20.48 (THIS BEING 8 1/3 PERCENT OF TOTAL PAY CREDITED) I.E., $245.70.

SECTION 1 OF THE ACT OF MAY 17, 1926, 44 STAT. 557, PROVIDES:

THAT HEREAFTER NO PERSON IN ACTIVE SERVICE IN THE MILITARY OR NAVAL SERVICE WHO SHALL BE ABSENT FROM HIS REGULAR DUTIES FOR MORE THAN ONE DAY AT ANY ONE TIME ON ACCOUNT OF THE EFFECTS OF A DISEASE, AS DISTINGUISHED FROM INJURY, WHICH IS DIRECTLY ATTRIBUTABLE TO AND IMMEDIATELY FOLLOWS HIS OWN INTEMPERATE USE OF ALCOHOLIC LIQUOR OR HABIT-FORMING DRUGS, SHALL, EXCEPT AS HEREINAFTER PROVIDED, BE ENTITLED TO ANY PAY, AS DISTINGUISHED FROM ALLOWANCES, FOR THE PERIOD OF SUCH ABSENCE.

BY DECISION OF AUGUST 20, 1932, 12 COMP. GEN. 262, IT WAS HELD THAT THE DEDUCTION AND IMPOUNDING FOR LEGISLATIVE FURLOUGHS UNDER SECTION 101 (B) OF THE ACT OF JUNE 30, 1932, WERE NOT APPLICABLE TO ANY TIME THE EMPLOYEE IS ABSENT WITHOUT PAY FOR ANY REASON OTHER THAN A LEGISLATIVE FURLOUGH. SEE ALSO 12 COMP. GEN. 311. THE FORFEITURE OF PAY REQUIRED BY SECTION 2 OF THE ACT OF MAY 17, 1926, SUPRA, COVERS TIME ABSENT FROM DUTY FOR REASONS OTHER THAN A LEGISLATIVE FURLOUGH. ACCORDINGLY, THE DEDUCTION AND IMPOUNDING REQUIRED BY SECTION 101 (B) OF THE ECONOMY ACT ARE TO BE APPLIED ONLY TO THE COMPENSATION PAYABLE TO THE OFFICER EXCLUSIVE OF THE PAY FORFEITED UNDER THE 1926 ACT.