A-74503, MAY 19, 1936, 15 COMP. GEN. 1003

A-74503: May 19, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ARE ENTITLED TO COMMUTATION OF RATIONS FOR THE SUMMER VACATION. 1936: THERE ARE FOR CONSIDERATION THE CLAIMS OF MILTON T. ALL OF WHOM ARE OR WERE STUDENTS IN THE RESERVE OFFICERS' TRAINING CORPS. THE SUBSISTENCE ROLL BEARING THE NAMES OF THESE MEN WAS SUBMITTED TO THIS OFFICE BY MAJ. ATTENDANCE AT ADVANCE CAMPS DURING WHICH SUBSISTENCE WAS FURNISHED JUNE 3. THE VACATION NEXT FOLLOWING ENTRY ON THE ADVANCED COURSE) WERE THE SUMMER VACATIONS INTERVENING BETWEEN TWO ACADEMIC YEARS. THE CLAIMS WERE DISALLOWED DECEMBER 13. PROVIDES AS FOLLOWS: ALLOWANCE OF COMMUTATION WILL BEGIN IN EACH INSTANCE WITH THE DATE ON WHICH THE STUDENT ACTUALLY ENTERS UPON THE WORK OF THE ADVANCED COURSE. WILL CONTINUE UNTIL COMPLETION OR TERMINATION OF THE CONTRACT.

A-74503, MAY 19, 1936, 15 COMP. GEN. 1003

COMMUTATION OF RATIONS - SUMMER VACATIONS - RESERVE OFFICERS' TRAINING CORPS RESERVE OFFICERS' TRAINING CORPS STUDENTS WHO DISCONTINUE THE ADVANCED COURSE OF INSTRUCTION BEFORE THE COMPLETION OF THE FIRST YEAR BUT IN SOME SUCCEEDING ACADEMIC YEAR COMPLETE THE UNCOMPLETED PORTION OF SAID FIRST YEAR PRIOR TO THE SUMMER VACATION AND REENTER SCHOOL TO COMPLETE THE SECOND YEAR OF THE ADVANCED COURSE AFTER THE VACATION PERIOD, ARE ENTITLED TO COMMUTATION OF RATIONS FOR THE SUMMER VACATION, LESS THE PERIOD OF THE SUMMER CAMP.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 19, 1936:

THERE ARE FOR CONSIDERATION THE CLAIMS OF MILTON T. REES, 1012 SOUTH ELEVENTH EAST, SALT LAKE CITY, UTAH; JOHN V. RODDY, 638 SOUTH TWELFTH EAST, SALT LAKE CITY, UTAH; AND BLAINE ROLAND, 814 THIRD AVENUE, SALT LAKE CITY, UTAH, ALL OF WHOM ARE OR WERE STUDENTS IN THE RESERVE OFFICERS' TRAINING CORPS, UNIVERSITY OF UTAH, FOR COMMUTATION OF RATIONS FOR SUMMER VACATIONS.

THE SUBSISTENCE ROLL BEARING THE NAMES OF THESE MEN WAS SUBMITTED TO THIS OFFICE BY MAJ. C. C. BANK, FIELD ARTILLERY, PROFESSOR OF MILITARY SCIENCE AND TACTICS, WITH INFORMATION AS TO THE INDIVIDUALS AS FOLLOWS:

MILTON T. REES, DATE OF ENTRY UPON ADVANCED COURSE JANUARY 5, 1931, ATTENDANCE AT ADVANCE CAMPS DURING WHICH SUBSISTENCE WAS FURNISHED JUNE 3, 1935, TO JULY 13, 1935, PROPOSED PERIOD OF ALLOWANCE OF COMMUTATION OF RATIONS JULY 17, 1931, TO SEPTEMBER 30, 1931, SUBSISTENCE PAYMENTS HAVING BEEN MADE FOR THE PERIODS JANUARY 5, 1931, TO MARCH 31, 1931; APRIL 1, 1931, TO JUNE 5, 1931; JANUARY 1, 1935, TO MARCH 31, 1935; AND APRIL 1, 1935, TO JUNE 1, 1935.

JOHN V. RODDY, DATE OF ENTRY UPON ADVANCED COURSE OCTOBER 1, 1933, ATTENDED ADVANCE CAMP JUNE 3, 1935, TO JULY 13, 1935, PROPOSED PERIOD OF ALLOWANCE JULY 15, 1934, TO SEPTEMBER 30, 1934, PRIOR PAYMENTS BEING MADE FOR THE PERIODS OCTOBER 1, 1933, TO DECEMBER 31, 1933; JANUARY 1, 1935, TO MARCH 31, 1935; AND APRIL 1, 1935, TO JUNE 1, 1935.

BLAINE ROLAND, ENTERED ADVANCED COURSE OCTOBER 1, 1933, ATTENDED ADVANCE CAMP JUNE 3, 1935, TO JULY 13, 1935, PROPOSED PERIOD OF ALLOWANCE JULY 15, 1934, TO SEPTEMBER 30, 1934, PRIOR PAYMENTS MADE FOR THE PERIODS OCTOBER 1, 1933, TO DECEMBER 31, 1933, JANUARY 1, 1934, TO MARCH 31, 1934; AND APRIL 1, 1935, TO JUNE 1, 1935.

ON THIS INFORMATION, IT NOT APPEARING THAT THE SUMMER VACATIONS REFERRED TO ON THE ROLL (I.E., THE VACATION NEXT FOLLOWING ENTRY ON THE ADVANCED COURSE) WERE THE SUMMER VACATIONS INTERVENING BETWEEN TWO ACADEMIC YEARS, THE CLAIMS WERE DISALLOWED DECEMBER 13, 1935.

IT NOW APPEARS FROM SUPPLEMENTAL INFORMATION FURNISHED BY MAJOR BANK IN HIS LETTER OF MARCH 9, 1936, THAT THESE STUDENTS ENTERED UPON THE ADVANCED COURSE AND CONTINUED SUCH TRAINING AS FOLLOWS:

MILTON T. REES: ENTERED THE ADVANCED COURSE JANUARY 5, 1931, AND CONTINUED THROUGH JUNE 5, 1931, COMPLETING TWO-THIRDS OF THE FIRST YEAR ADVANCED COURSE; REENTERED JANUARY 1, 1935, COMPLETING THE FIRST YEAR ADVANCED COURSE ON MARCH 31, 1935; ENTERED THE SECOND YEAR OF THE ADVANCED COURSE APRIL 1, 1935, BEING SCHEDULED TO COMPLETE THE COURSE ON MARCH 20, 1936, ATTENDING THE SUMMER CAMP JUNE 3, 1935, TO JULY 13, 1935.

JOHN V. RODDY: ENTERED THE ADVANCED COURSE OCTOBER 1, 1933, AND CONTINUED THROUGH DECEMBER 31, 1933, COMPLETING ONE-THIRD OF THE FIRST YEAR ADVANCED COURSE; REENTERED JANUARY 1, 1935, COMPLETING THE FIRST YEAR ADVANCED COURSE ON JUNE 1, 1935; ATTENDED SUMMER CAMP JUNE 3, 1935, TO JULY 13, 1935; ENTERED THE SECOND YEAR ADVANCED COURSE OCTOBER 1, 1935, BEING SCHEDULED TO COMPLETE THE COURSE JUNE 6, 1936.

BLAINE ROLAND: ENTERED THE ADVANCED COURSE OCTOBER 1, 1933, AND CONTINUED THROUGH MARCH 31, 1934, COMPLETING TWO-THIRDS OF THE FIRST YEAR ADVANCED COURSE; REENTERED APRIL 1, 1935, COMPLETING THE FIRST YEAR ADVANCED COURSE ON JUNE 1, 1935; ATTENDED SUMMER CAMP JUNE 3, 1935, TO JULY 13, 1935; ENTERED SECOND YEAR ADVANCED COURSE OCTOBER 1, 1935, BEING SCHEDULED TO COMPLETE THE COURSE JUNE 6, 1936.

PARAGRAPH 10 D, ARMY REGULATIONS 145-20, DATED APRIL 25, 1932, PROVIDES AS FOLLOWS:

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 TWO 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.

IT WAS HELD IN A-54139, MAY 12, 1934, THAT:

THE PROVISION IN THIS REGULATION PROVIDING FOR PAYMENT OF COMMUTATION FOR THE SUMMER VACATION ,NEXT FOLLOWING THE SCHOOL YEAR DURING WHICH THE STUDENT ENTERED UPON THE WORK OF THE FIRST YEAR OF THE ADVANCED COURSE" EVIDENTLY CONTEMPLATES THE NORMAL CASE WHERE A STUDENT DOES NOT DISCONTINUE HIS COURSE DURING THE ACADEMIC YEAR. WHERE A STUDENT LEAVES THE SCHOOL BEFORE THE END OF THE ACADEMIC YEAR, IN WHICH THE ADVANCED COURSE WAS COMMENCED, THE SUMMER VACATION NEXT FOLLOWING THE DATE OF COMMENCING THE ADVANCED COURSE IS NOT A VACATION INTERVENING BETWEEN TWO ACADEMIC YEARS. DURING THE PERIOD FROM JANUARY 26, 1928, TO SEPTEMBER 22, 1932, THE STUDENT WAS NOT IN SCHOOL AND WAS NOT A MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS. FROM SEPTEMBER 15, 1927, TO JANUARY 26, 1928, HE HAD COMPLETED ABOUT ONE-HALF AN ACADEMIC YEAR, OR ONE SEMESTER OF HIS FIRST YEAR, ADVANCED COURSE. IF AND WHEN HE REENTERED SCHOOL AFTER THE VACATION PERIOD BEGINNING JUNE 8, 1933, HE BECAME ENTITLED TO COMMUTATION OF RATIONS FOR SAID VACATION PERIOD LESS THE PERIOD WHEN HE ATTENDED THE ADVANCED CAMP, JUNE 13, 1933, TO JULY 10, 1933.

IF THE EVIDENCE NOW FOR CONSIDERATION HAD BEEN WITH THE SUBSISTENCE ROLL WHEN ORIGINALLY SUBMITTED, THE CLAIMS WOULD HAVE BEEN CONSIDERED AS FOR THE SUMMER VACATION FOLLOWING COMPLETION OF THE FIRST YEAR OF THE ADVANCED COURSE, NOTWITHSTANDING THE FACT THAT THE CLAIMS, AS STATED ON THE ROLL, WERE FOR DIFFERENT SUMMER VACATIONS. IN VIEW OF THE ADDITIONAL FACTS NOW SUBMITTED, IT APPEARING THAT EACH OF THE STUDENTS HAD COMPLETED THE FIRST YEAR OF THE ADVANCED COURSE PRIOR TO THE SUMMER VACATION BEGINNING JUNE 2, 1935, AND HAD REENTERED THE SCHOOL TO COMPLETE THE SECOND YEAR OF THE ADVANCED COURSE AFTER SEPTEMBER 30, 1935, THE SETTLEMENTS OF DECEMBER 13, 1935, DISALLOWING THE CLAIMS ARE REVISED ON MY OWN MOTION AND COMMUTATION OF RATIONS WILL BE ALLOWED, IN SETTLEMENTS TO FOLLOW, FOR THE SUMMER VACATIONS FROM JUNE 2, 1935, TO SEPTEMBER 30, 1935, LESS THE PERIOD OF THE SUMMER CAMP JUNE 3, 1935, TO JULY 13, 1935.