A-58974, DECEMBER 19, 1934, 14 COMP. GEN. 471

A-58974: Dec 19, 1934

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SUBMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A SUBSISTENCE ROLL FOR THE RESERVE OFFICERS' TRAINING CORPS AT CREIGHTON UNIVERSITY FOR THE PERIOD JULY 9 TO 28. IT APPEARS FURTHER THAT THE CAMP HELD IN THE SUMMER OF 1934 WAS FOR 6 WEEKS. YOU STATE: * * * THE SPECIFIC QUESTION ON WHICH A DECISION IS REQUIRED IS WHETHER OR NOT SUBSISTENCE MAY BE PAID FOR THE 2 WEEKS FOR WHICH STUDENTS WERE NOT FURNISHED SUBSISTENCE IN KIND OR MONETARY ALLOWANCE ON ACCOUNT OF CAMP PERIOD BEING CUT FROM 6 TO 4 WEEKS BY THE SECRETARY OF WAR IN THE SUMMER OF 1933. PROVIDES: ALLOWANCE OF COMMUTATION WILL BEGIN IN EACH INSTANCE WITH THE DATE ON WHICH THE STUDENT ACTUALLY ENTERS UPON THE WORK OF THE ADVANCED COURSE.

A-58974, DECEMBER 19, 1934, 14 COMP. GEN. 471

SUBSISTENCE - COMMUTATION - RESERVE OFFICERS' TRAINING CORPS THE DURATION OF THE ADVANCED CAMP OCCURRING DURING THE SUMMER VACATION INTERVENING BETWEEN THE FIRST AND SECOND YEARS OF THE ADVANCED COURSE OF RESERVE OFFICERS' TRAINING CORPS STUDENTS, WHETHER ATTENDED BY SUCH STUDENTS OR NOT, MEASURES THE AMOUNT OF DEDUCTION REQUIRED TO BE MADE FROM THE COMMUTATION OF SUBSISTENCE ACCRUING DURING SUCH VACATION PERIOD, REGARDLESS OF THE DURATION OF A PRIOR CAMP ACTUALLY ATTENDED.

COMPTROLLER GENERAL MCCARL TO MAJOR H. G. COYKENDALL, UNITED STATES ARMY, DECEMBER 19, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 20, 1934, SUBMITTING FOR DECISION WHETHER PAYMENT THEREON IS AUTHORIZED A SUBSISTENCE ROLL FOR THE RESERVE OFFICERS' TRAINING CORPS AT CREIGHTON UNIVERSITY FOR THE PERIOD JULY 9 TO 28, 1934, COVERING CLAIM FOR COMMUTATION OF SUBSISTENCE FOR NINE MEMBERS.

IT APPEARS THAT THE NINE STUDENTS ENTERED UPON THE ADVANCE COURSE OF THE RESERVE OFFICERS' TRAINING CORPS IN SEPTEMBER 1933, AND THAT, BEFORE ENTRY UPON SAID ADVANCED COURSE, THEY HAD BEEN AUTHORIZED UNDER THE PROVISIONS OF PARAGRAPH 6B, (2), ARMY REGULATIONS 145-30, TO ATTEND THE 4-WEEKS' CAMP HELD DURING THE PERIOD JUNE 11, 1933, TO JULY 8, 1933, BETWEEN THEIR SOPHOMORE AND JUNIOR YEARS, AS AUTHORIZED BY THE SECRETARY OF WAR INSTEAD OF THE USUAL 6 WEEKS' CAMP AUTHORIZED UNDER SECTION 47A OF THE NATIONAL DEFENSE ACT, AS AMENDED JUNE 4, 1920, 41 STAT. 778. IT APPEARS FURTHER THAT THE CAMP HELD IN THE SUMMER OF 1934 WAS FOR 6 WEEKS, WHICH NONE OF THE NINE STUDENTS ATTENDED.

IN YOUR LETTER OF OCTOBER 20, 1934, YOU STATE:

* * * THE SPECIFIC QUESTION ON WHICH A DECISION IS REQUIRED IS WHETHER OR NOT SUBSISTENCE MAY BE PAID FOR THE 2 WEEKS FOR WHICH STUDENTS WERE NOT FURNISHED SUBSISTENCE IN KIND OR MONETARY ALLOWANCE ON ACCOUNT OF CAMP PERIOD BEING CUT FROM 6 TO 4 WEEKS BY THE SECRETARY OF WAR IN THE SUMMER OF 1933.

SECTION 47C, NATIONAL DEFENSE ACT, AS AMENDED JUNE 4, 1920, 41 STAT. 778, PROVIDES, IN PART, AS FOLLOWS:

WHEN ANY MEMBER OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS HAS COMPLETED 2 ACADEMIC YEARS OF SERVICE IN THAT DIVISION, AND HAS BEEN SELECTED FOR ADVANCED TRAINING BY THE PRESIDENT OF THE INSTITUTION AND BY THE PROFESSOR OF MILITARY SCIENCE AND TACTICS, AND HAS AGREED IN WRITING TO CONTINUE IN THE RESERVE OFFICERS' TRAINING CORPS FOR THE REMAINDER OF HIS COURSE AT THE INSTITUTION, DEVOTING FIVE HOURS PER WEEK TO THE MILITARY TRAINING PRESCRIBED BY THE SECRETARY OF WAR, AND HAS AGREED IN WRITING TO PURSUE THE COURSE IN CAMP TRAINING PRESCRIBED BY THE SECRETARY OF WAR, HE MAY BE FURNISHED AT THE EXPENSE OF THE UNITED STATES COMMUTATION OF SUBSISTENCE AT SUCH RATE, NOT EXCEEDING THE COST OF THE GARRISON RATION PRESCRIBED FOR THE ARMY, AS MAY BE FIXED BY THE SECRETARY OF WAR, DURING THE REMAINDER OF HIS SERVICE IN THE RESERVE OFFICERS' TRAINING CORPS, NOT EXCEEDING 2 YEARS: * * *

PARAGRAPH 10 D, ARMY REGULATIONS 145-20, PROVIDES:

ALLOWANCE OF COMMUTATION WILL BEGIN IN EACH INSTANCE WITH THE DATE ON WHICH THE STUDENT ACTUALLY ENTERS UPON THE WORK OF THE ADVANCED COURSE, WHICH DATE SHOULD BE THE EFFECTIVE DATE OF THE ADVANCED-COURSE CONTRACT, AND WILL CONTINUE UNTIL COMPLETION OR TERMINATION OF THE CONTRACT, EXCEPT AS HEREINAFTER PROVIDED. COMMUTATION WILL NOT BE ALLOWED FOR ANY PERIOD IN EXCESS OF TWO CALENDAR YEARS NOR FOR ANY PERIOD IN EXCESS OF 2 ACADEMIC YEARS PLUS ONE INTERVENING SUMMER VACATION BETWEEN SUCH YEARS, LESS THE PERIOD OF PRESCRIBED CAMP TRAINING DURING SUCH VACATION. PAYMENT OF COMMUTATION FOR THE AUTHORIZED PORTION OF A SUMMER VACATION PERIOD WILL NOT BE MADE UNTIL AFTER THE STUDENT HAS ENTERED UPON THE SECOND YEAR OF THE ADVANCED COURSE. IN COMPUTING THE AMOUNT OF SUCH PAYMENT THERE WILL BE DEDUCTED THAT PORTION OF A SUMMER VACATION PERIOD WHICH WAS DEVOTED TO ADVANCED CAMPS FOR MEMBERS OF THE STUDENT'S BRANCH AND DURING WHICH SUBSISTENCE WAS FURNISHED, WHETHER THE STUDENT ACTUALLY ATTENDED THE CAMP OR NOT. * * * THE SUMMER VACATION FOR WHICH COMMUTATION WILL BE ALLOWED WILL IN EVERY CASE BE THAT NEXT FOLLOWING THE SCHOOL YEAR DURING WHICH THE STUDENT ENTERED UPON THE WORK OF THE FIRST YEAR OF THE ADVANCED COURSE AT THE INSTITUTION. * * * COMMUTATION WILL NOT BE ALLOWED FOR ANY PERIOD DURING WHICH THE STUDENT IS NOT PURSUING THE COURSE, EXCEPT THE AUTHORIZED PORTION OF ONE SUMMER VACATION PERIOD ABOVE DEFINED.

ON ENTERING UPON THE SECOND YEAR OF THE ADVANCED COURSE (THEIR SENIOR YEAR), THE NINE MEN INVOLVED ON THE SUBMITTED SUBSISTENCE ROLL WERE ENTITLED TO COMMUTATION OF SUBSISTENCE FOR THE SUMMER VACATION OCCURRING IN 1934, WHICH INTERVENED BETWEEN THEIR JUNIOR AND SENIOR YEARS,"LESS THE PERIOD OF PRESCRIBED CAMP TRAINING DURING SUCH VACATION.' IN MAKING PAYMENT OF COMMUTATION FOR THE VACATION PERIOD INVOLVED, DEDUCTION FOR SUCH PERIOD OF CAMP TRAINING IS REQUIRED TO BE MADE,"WHETHER THE STUDENT ACTUALLY ATTENDED THE CAMP OR NOT.' THE FACT THAT THE STUDENTS ATTENDED THE 4-WEEKS' CAMP HELD IN 1933 MAY SATISFY THE REQUIREMENT THAT THEY ATTEND ONE SUMMER ENCAMPMENT IN ORDER TO QUALIFY FOR A COMMISSION IN THE RESERVE OFFICERS' TRAINING CORPS, BUT SUCH ATTENDANCE CANNOT OPERATE TO INCREASE THE COMMUTATION OF SUBSISTENCE TO WHICH THEY ARE ENTITLED DURING THE 2 YEARS THEY ARE ATTENDING THE ADVANCED COURSE.

THE REGULATIONS ARE CLEAR AND NOT AT ALL AMBIGUOUS AS TO THE VACATION PERIOD WHEN THE STUDENTS MAY RECEIVE COMMUTATION AND AS TO THE DEDUCTION BEING MADE FOR THE PERIOD THE CAMP WAS HELD ,DURING SUCH VACATION," WHETHER ATTENDED OR NOT. ACCORDINGLY, IN CONSIDERING THE PAYMENT OF COMMUTATION TO BE MADE FOR THE SUMMER VACATION IN 1934, THERE IS REQUIRED TO BE DEDUCTED A PERIOD EQUIVALENT TO THE 6 WEEKS'CAMP HELD DURING THE VACATION OF 1934. THE VOUCHER IS AUTHORIZED TO BE PAID ON THAT BASIS ONLY.