A-49207, JUNE 14, 1933, 12 COMP. GEN. 653

A-49207: Jun 14, 1933

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AMENDED - LEAVES OF ABSENCE - PUBLIC HEALTH SERVICE OFFICERS COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE BY SECTION 9 OF THE ACT OF APRIL 9. UNDER ARMY REGULATIONS THE LEAVE YEAR IS REQUIRED TO BE RECKONED FROM JULY 1 TO THE FOLLOWING JUNE 30. A CREDIT OF ONLY 7 DAYS WILL ACCRUE FOR THE LEAVE YEAR ENDING JUNE 30. COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE GRANTED LEAVE UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 19. WHICH READS AS FOLLOWS: "* * * THAT THE SECRETARY OF THE TREASURY IS HEREBY AUTHORIZED. TO GRANT TO THE MEDICAL OFFICERS OF THE MARINE HOSPITAL SERVICE COMMISSIONED BY THE PRESIDENT WITHOUT DEDUCTION OF PAY LEAVES OF ABSENCE FOR THE SAME PERIODS OF TIME AND IN THE SAME MANNER AS IS NOW AUTHORIZED TO BE GRANTED TO OFFICERS OF THE ARMY BY THE SECRETARY OF WAR.'.

A-49207, JUNE 14, 1933, 12 COMP. GEN. 653

ECONOMY ACT, AMENDED - LEAVES OF ABSENCE - PUBLIC HEALTH SERVICE OFFICERS COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE BY SECTION 9 OF THE ACT OF APRIL 9, 1930, 46 STAT. 151, ASSIMILATED FOR PURPOSES OF PAY AND ALLOWANCES WITH OFFICERS OF THE MEDICAL CORPS OF THE ARMY, AND THE PUBLIC HEALTH SERVICE REGULATIONS DO NOT CONTROL THE MATTER OF LEAVE OF ABSENCE WITH FULL PAY, EXCEPT AS THEY CONFORM TO ARMY LAW AND REGULATIONS. UNDER ARMY REGULATIONS THE LEAVE YEAR IS REQUIRED TO BE RECKONED FROM JULY 1 TO THE FOLLOWING JUNE 30, AND BECAUSE OF SUSPENSION FROM JULY 1, 1932 TO MARCH 31, 1933, OF THE RIGHT OF OFFICERS TO RECEIVE LEAVE BY SECTION 103 OF THE ECONOMY ACT, 47 STAT. 400, A CREDIT OF ONLY 7 DAYS WILL ACCRUE FOR THE LEAVE YEAR ENDING JUNE 30, 1933.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JUNE 14, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 24, 1933, AS FOLLOWS:

A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE, NOW SERVING AS AN ASSISTANT SURGEON GENERAL, HAS BEEN RECOMMENDED FOR WAITING ORDERS UNDER THE PROVISIONS OF PARAGRAPH 69 OF THE REGULATIONS GOVERNING THE UNITED STATES PUBLIC HEALTH SERVICE, 1931.

COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE GRANTED LEAVE UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 19, 1897, CH. 265, 29 STAT.L. 554, WHICH READS AS FOLLOWS:

"* * * THAT THE SECRETARY OF THE TREASURY IS HEREBY AUTHORIZED, IN HIS DISCRETION, TO GRANT TO THE MEDICAL OFFICERS OF THE MARINE HOSPITAL SERVICE COMMISSIONED BY THE PRESIDENT WITHOUT DEDUCTION OF PAY LEAVES OF ABSENCE FOR THE SAME PERIODS OF TIME AND IN THE SAME MANNER AS IS NOW AUTHORIZED TO BE GRANTED TO OFFICERS OF THE ARMY BY THE SECRETARY OF WAR.'

LEAVE FOR COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ACCUMULATES FOR NOT TO EXCEED FOUR MONTHS UNDER THE PROVISIONS OF THE ACT OF JULY 29, 1876, C. 239, 19 STAT. 102.

YOUR DECISION IS REQUESTED WITH RESPECT TO THE AMOUNT OF LEAVE WHICH MAY BE GRANTED THIS OFFICER PRIOR TO HIS BEING PLACED ON WAITING ORDERS. HAD 3 MONTHS' AND 14 DAYS' ACCRUED LEAVE ON JUNE 30, 1932, AND HAS TAKEN NO LEAVE SINCE APRIL 1, 1933. HE IS TO BE RELIEVED FROM DUTY JUNE 30, 1933, GRANTED SUCH ACCRUED LEAVE AS MAY BE DUE HIM AT THAT TIME, AND PLACED ON WAITING ORDERS AT THE EXPIRATION OF SUCH ACCRUED LEAVE.

THE "WAITING ORDERS" HERE INVOLVED IS EQUIVALENT TO RETIREMENT UNDER PUBLIC HEALTH SERVICE REGULATIONS.

UNITED STATES PUBLIC HEALTH SERVICE REGULATIONS, 1931, COVERING LEAVE OF ABSENCE FOR COMMISSIONED OFFICERS, HAVE BEEN PROMULGATED UNDER THE ACTS OF FEBRUARY 19, 1897, 29 STAT. 554, AND JULY 29, 1876, 19 STAT. 102, AS FOLLOWS:

226. COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ON DUTY SHALL BE ALLOWED, IN THE DISCRETION OF THE SECRETARY OF THE TREASURY, 60 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 ONLY ONCE IN THREE YEARS, OR FOUR MONTHS IF TAKEN ONLY ONCE IN FOUR YEARS.

227. THE LEAVE YEAR IS RECKONED FROM JUNE 20 TO THE FOLLOWING JUNE 19, BOTH INCLUSIVE. IN COMPUTING LEAVE OF ABSENCE EXPRESSED IN DAYS DURING ANY LEAVE YEAR, EVERY DAY OF SUCH ABSENCE WILL BE COUNTED; LEAVE EXPRESSED IN MONTHS WILL BE COUNTED IN MONTHS.

242. IN DETERMINING THE PERIOD FOR WHICH AN OFFICER IS ENTITLED TO FULL PAY ON LEAVE, TIME WITHIN FOUR 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 THE FULL PAY IS ALLOWED, THE BALANCE THEREOF WILL BE PLACED TO THE OFFICER'S CREDIT AS BELONGING TO THE LAST YEAR OR YEARS OF THE FOUR CONSIDERED, AND MAY BE MADE AVAILABLE FOR FUTURE LEAVE.

243. IN COMPUTING LEAVE CREDITS A PRO RATA CREDIT FOR TIME SERVED IN THE YEAR IN WHICH AN OFFICER ENTERS THE SERVICE AND FULL CREDIT FOR SUCCEEDING YEARS, INCLUDING THE YEAR OF LEAVING THE SERVICE, IS ALLOWABLE: PROVIDED, THAT OFFICERS WHO LEAVE THE SERVICE BEFORE THE EXPIRATION OF THREE YEARS FROM DATE OF ORIGINAL COMMISSION IN THE REGULAR CORPS MAY BE GRANTED, IN ADDITION TO OTHER ACCRUED LEAVE, ONLY THE PRO RATA AMOUNT OF LEAVE EARNED DURING THE YEAR OF SEPARATION, CALCULATED TO THE DATE THAT FINAL LEAVE BECOMES EFFECTIVE.

SECTION 9 OF THE ACT OF APRIL 9, 1930, 46 STAT. 151, PROVIDES:

HEREAFTER COMMISSIONED OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE, AFTER EXAMINATION UNDER REGULATIONS APPROVED BY THE PRESIDENT, SHALL BE PROMOTED ACCORDING TO THE SAME LENGTH OF SERVICE AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR OFFICERS OF CORRESPONDING GRADES OF THE MEDICAL CORPS OF THE ARMY, EXCEPT THAT * *

COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE ARE BY THIS ACT ASSIMILATED FOR PURPOSES OF PAY AND ALLOWANCES WITH OFFICERS OF THE MEDICAL CORPS OF THE ARMY, AND BY REASON THEREOF THE PUBLIC HEALTH SERVICE REGULATIONS DO NOT CONTROL THE MATTER OF LEAVE OF ABSENCE WITH FULL PAY SUBSEQUENT TO THE DATE OF SUCH ACT, EXCEPT AS THEY MAY CONFORM TO ARMY REGULATIONS. SO MUCH OF THE CITED PUBLIC HEALTH SERVICE REGULATIONS AS PROVIDES THAT THE LEAVE YEAR IS RECKONED FROM JUNE 20 TO THE FOLLOWING JUNE 19 IS SUPERSEDED AND UNDER ARMY REGULATIONS 605 115, PARAGRAPH 3, THE LEAVE YEAR IS REQUIRED TO BE RECKONED FROM JULY 1 TO THE FOLLOWING JUNE 30.

YOU STATE THAT THE OFFICER HAD A LEAVE CREDIT OF 3 MONTHS AND 14 DAYS ON JUNE 30, 1932. THE RIGHT OF OFFICERS TO RECEIVE LEAVE DURING THE FISCAL YEAR ENDING JUNE 30, 1933, WAS SUSPENDED BY SECTION 103 OF THE ECONOMY ACT, 47 STAT. 400, AND BY SECTION 4 (D) OF THE ACT OF MARCH 20, 1933, PUBLIC NO. 2, SUCH SECTION WAS REPEALED EFFECTIVE APRIL 1, 1933, THUS RESTORING THE RIGHT TO RECEIVE ANNUAL LEAVE WITH PAY AFTER MARCH 31, 1933, WITHIN THE LIMITATIONS AND SUBJECT TO CONDITIONS OF THE ABOVE CITED LEAVE LAWS AND THE REGULATIONS PROMULGATED THEREUNDER. NO RIGHT TO RECEIVE LEAVE WITH PAY ACCRUED FOR THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, AND ASSUMING THAT THE OFFICER'S LEAVE ACCOUNT WAS CREDITED WITH 30 DAYS ON JUNE 20, 1932, UNDER ARTICLES 227 AND 243 OF THE CITED REGULATIONS, FOR THE LEAVE YEAR ENDING JUNE 30, 1933, SUCH CREDIT IS REDUCED BY 23 DAYS (9 MONTHS AT 2 1/2 DAYS, FRACTIONAL PARTS OF DAYS NOT BEING AUTHORIZED UNDER THE REGULATIONS) FOR THE PERIOD DURING WHICH THE RIGHT TO RECEIVE LEAVE WITH PAY WAS SUSPENDED, LEAVING A CREDIT JUNE 30, 1933, OF 2 MONTHS AND 21 DAYS, PROVIDED NO LEAVE IS TAKEN PRIOR TO THAT DATE. HOWEVER, IF ORDERS HAVE ISSUED AUTHORIZING A STATUS EQUIVALENT TO RETIREMENT, PARAGRAPH 12, ARMY REGULATIONS 605-115, DATED JANUARY 2, 1929, MAY PROHIBIT THE CREDITING OF ANY LEAVE, OR THE LEAVE CREDIT MAY BE LIMITED TO TIME DUE TO DATE OF RETIREMENT.

THE FACTS SUBMITTED BY YOU ARE NOT SUFFICIENT ON WHICH TO BASE AT THIS TIME A COMPUTATION OF THE OFFICER'S LEAVE CREDITS.