A-78472, JULY 31, 1936, 16 COMP. GEN. 103

A-78472: Jul 31, 1936

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ARE NOT ENTITLED TO ANY PAY OR ALLOWANCES FOR THE PERIOD OF ACTIVE TRAINING DUTY IN EXCESS OF 15 DAYS OTHER THAN FOR TRAVEL TIME TO AND FROM SUCH DUTY. ARE NOT ENTITLED TO ANY PAY AND ALLOWANCES FOR THE EXCESS PERIOD. IT IS RECOMMENDED THAT THE FOLLOWING QUESTIONS BE PRESENTED TO THE COMPTROLLER GENERAL FOR DECISION: (A) IS AN OFFICER OF THE NAVAL RESERVE. FOR EXAMPLE: A LIEUTENANT COMMANDER OF THE NAVAL RESERVE IS UNDER ORDERS TO PERFORM 14 DAYS' TRAINING DUTY DURING THE CURRENT FISCAL YEAR. IS SUCH OFFICER ENTITLED TO THE PAY AND ALLOWANCES OF A LIEUTENANT COMMANDER FOR 18 DAYS? (B) TO WHAT RATE OF PAY AND ALLOWANCES IS AN OFFICER OF THE NAVAL RESERVE. FOR EXAMPLE: A LIEUTENANT COMMANDER OF THE NAVAL RESERVE IS UNDER ORDERS TO PERFORM 30 DAYS' TRAINING DUTY.

A-78472, JULY 31, 1936, 16 COMP. GEN. 103

PAY AND ALLOWANCES - NAVAL RESERVE - ACTIVE DUTY AND ACTIVE DUTY FOR TRAINING - STATUTORY LIMITATIONS THE LIMITATIONS OF THE NAVY APPROPRIATION ACT OF JUNE 3, 1936, 49 STAT. 1403, DO NOT PROHIBIT PAYMENT TO OFFICERS OF THE NAVAL RESERVE ABOVE THE RANK OF LIEUTENANT, ON TRAINING DUTY NOT IN EXCESS OF 15 DAYS, OF THE PAY AND ALLOWANCES OF THEIR GRADE FOR THE ACTUAL TRAINING TIME, PLUS TRAVEL TIME TO AND FROM SUCH DUTY. UNDER THE LIMITATIONS OF THE NAVY APPROPRIATION ACT OF JUNE 3, 1936, 49 STAT. 1403, OFFICERS OF THE NAVAL RESERVE ABOVE THE RANK OF LIEUTENANT, OTHER THAN THE NINETEEN SPECIFICALLY PROVIDED FOR BY SAID ACT, PLACED ON ACTIVE TRAINING DUTY FOR MORE THAN 15 DAYS, ARE NOT ENTITLED TO ANY PAY OR ALLOWANCES FOR THE PERIOD OF ACTIVE TRAINING DUTY IN EXCESS OF 15 DAYS OTHER THAN FOR TRAVEL TIME TO AND FROM SUCH DUTY. UNDER THE LIMITATIONS OF THE NAVY APPROPRIATION ACT OF JUNE 3, 1936, 49 STAT. 1403, OFFICERS OF THE NAVAL RESERVE ABOVE THE RANK OF LIEUTENANT, OTHER THAN THE NINETEEN SPECIFICALLY PROVIDED FOR BY SAID ACT, ON ACTIVE DUTY, AS DISTINGUISHED FROM ACTIVE DUTY FOR TRAINING, IN EXCESS OF FOUR MONTHS, ARE NOT ENTITLED TO ANY PAY AND ALLOWANCES FOR THE EXCESS PERIOD, NOTWITHSTANDING SAID ACTIVE DUTY MAY BE PARTLY IN TWO FISCAL YEARS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JULY 31, 1936:

BY YOUR DIRECTION IN FIRST INDORSEMENT, JULY 13, 1936, THERE HAS BEEN RECEIVED LETTER TO YOU OF JULY 2, 1936, FROM THE PAYMASTER GENERAL OF THE NAVY, AS FOLLOWS: SUBJECT: PAY AND ALLOWANCES, OFFICERS OF THE U.S. NAVAL RESERVE. REFERENCE: (A) ACT OF 3 JUNE 1936, PUBLIC, NO. 636.

(B) SECTION 11, ACT OF FEBRUARY 28, 1925.

(C) PARAGRAPH G-4 (E), APPENDIX A, BUREAU OF S. AND A.

MANUAL.

1. REFERENCE (A) CONTAINS THE FOLLOWING PROVISION:

"* * * THAT NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE TO PAY MORE THAN NINETEEN OFFICERS OF THE NAVAL RESERVE AND ONE OFFICER OF THE MARINE CORPS RESERVE ABOVE THE GRADE OF LIEUTENANT OR CAPTAIN, RESPECTIVELY, THE PAY AND ALLOWANCES OF THEIR GRADE FOR THE PERFORMANCE OF ACTIVE DUTY OTHER THAN THE PERFORMANCE OF DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY, OR APPROPRIATE DUTIES AND THE PERFORMANCE OF FIFTEEN DAYS' ACTIVE TRAINING DUTY, AND OTHER OFFICERS ABOVE SUCH GRADES EMPLOYED ON SUCH CLASS OF ACTIVE DUTY (NOT TO EXCEED FOUR MONTHS IN ANY CALENDAR YEAR) SHALL NOT BE ENTITLED TO BE PAID A GREATER RATE OF PAY AND ALLOWANCES THAN AUTHORIZED BY LAW FOR A LIEUTENANT OF THE NAVY OR A CAPTAIN OF THE MARINE CORPS ENTITLED TO NOT EXCEEDING TEN YEARS' LONGEVITY PAY * * *.'

2. IN VIEW OF THE PROVISIONS OF THIS STATUTE, IT IS RECOMMENDED THAT THE FOLLOWING QUESTIONS BE PRESENTED TO THE COMPTROLLER GENERAL FOR DECISION:

(A) IS AN OFFICER OF THE NAVAL RESERVE, ABOVE THE RANK OF LIEUTENANT, ON TRAINING DUTY NOT IN EXCESS OF 15 DAYS, ENTITLED TO THE PAY AND ALLOWANCES OF HIS RANK AND LENGTH OF SERVICE FOR THE TIME INVOLVED IN TRAVELING TO AND FROM SUCH TRAINING DUTY, VIA THE SHORTEST USUALLY TRAVELED ROUTE? FOR EXAMPLE: A LIEUTENANT COMMANDER OF THE NAVAL RESERVE IS UNDER ORDERS TO PERFORM 14 DAYS' TRAINING DUTY DURING THE CURRENT FISCAL YEAR. THE TRAVEL TO AND FROM HIS HOME AND THE PLACE OF TRAINING DUTY, VIA THE SHORTEST USUALLY TRAVELED ROUTE INVOLVES 4 DAYS. IS SUCH OFFICER ENTITLED TO THE PAY AND ALLOWANCES OF A LIEUTENANT COMMANDER FOR 18 DAYS?

(B) TO WHAT RATE OF PAY AND ALLOWANCES IS AN OFFICER OF THE NAVAL RESERVE, ABOVE THE RANK OF LIEUTENANT, ENTITLED FOR PERIODS OF TRAINING DUTY (WITH PAY), IN EXCESS OF 15 DAYS DURING THE CURRENT FISCAL YEAR? FOR EXAMPLE: A LIEUTENANT COMMANDER OF THE NAVAL RESERVE IS UNDER ORDERS TO PERFORM 30 DAYS' TRAINING DUTY. IT APPEARS CLEAR THAT SUCH OFFICER IS ENTITLED TO THE PAY OF A LIEUTENANT COMMANDER FOR THE FIRST 15DAYS OF SUCH TRAINING DUTY. TO WHAT RATE OF PAY AND ALLOWANCES IS HE ENTITLED FOR THE LAST 15 DAYS OF SUCH TRAINING DUTY?

(C) IN THE CASE OF AN OFFICER OF THE NAVAL RESERVE, ABOVE THE GRADE OF LIEUTENANT (NOT INCLUDED AMONG THE EXCEPTED NINETEEN) ON ACTIVE DUTY (AS DISTINGUISHED FROM "ACTIVE DUTY FOR TRAINING") DURING THE CURRENT FISCAL YEAR, IN EXCESS OF FOUR MONTHS IN ANY CALENDAR YEAR, TO WHAT RATE OF PAY AND ALLOWANCES IS HE ENTITLED FOR SUCH ACTIVE DUTY FOR THE PERIOD IN EXCESS OF FOUR MONTHS IN ANY CALENDAR YEAR?

THE TERM "15 DAYS' ACTIVE TRAINING DUTY" AS USED IN THE STATUTE HAS REFERENCE TO THE ANNUAL TRAINING PERIOD,"NOT TO EXCEED 15 DAYS," WHICH, UNDER SECTION 20 OF THE NAVAL RESERVE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, OFFICERS AND MEN OF THE FLEET NAVAL RESERVE MAY BE REQUIRED TO PERFORM UNLESS EXCUSED THEREFROM BY THE SECRETARY OF THE NAVY. SECTION 11 OF THE SAME ACT AUTHORIZES PAY AND ALLOWANCES WHILE ON AUTHORIZED TRAVEL TO AND FROM SUCH TRAINING DUTY. A REASONABLE CONSTRUCTION OF THE LANGUAGE "15 DAYS' ACTIVE TRAINING DUTY" WITH REFERENCE TO SECTIONS 11 AND 20 OF THE NAVAL RESERVE ACT IS THAT IT CONTEMPLATES TRAINING PERIODS OF 15 DAYS OR LESS PLUS THE NECESSARY TRAVEL TIME IN GOING TO AND RETURNING FROM SUCH DUTY. ACCORDINGLY, WHEN THE ACTUAL TRAINING PERIOD DOES NOT EXCEED 15 DAYS, THE OFFICER IS ENTITLED TO PAY AND ALLOWANCES OF HIS GRADE FOR THE ACTUAL TRAINING TIME, PLUS TRAVEL TIME TO AND FROM SUCH DUTY. QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE.

IN ANSWER TO QUESTION (B), THE LIMITATION IN THE APPROPRIATION IS THAT EXCEPT FOR THE 19 OFFICERS IN THE NAVAL RESERVE, NO FUNDS THEREIN APPROPRIATED SHALL BE AVAILABLE FOR THE PAY AND ALLOWANCES OF THEIR GRADE OF OFFICERS ABOVE THE GRADE OF LIEUTENANT FOR THE PERFORMANCE OF ACTIVE DUTY OTHER THAN, AMONG OTHER EXCEPTIONS,"THE PERFORMANCE OF 15 DAYS' ACTIVE TRAINING DUTY," WITH A FURTHER PROVISION THAT OFFICERS ABOVE SUCH GRADE OTHER THAN THE 19 PROVIDED FOR MAY BE "EMPLOYED ON SUCH CLASS OF ACTIVE DUTY (NOT TO EXCEED 4 MONTHS IN ANY CALENDAR YEAR).' THE PROVISION FOR EMPLOYMENT FOR 4 MONTHS AT REDUCED PAY ON ACTIVE DUTY OTHER THAN FOR THE PERFORMANCE OF 15 DAYS' ACTIVE TRAINING DUTY IS THEREFORE ACTIVE DUTY OTHER THAN FOR TRAINING. THE APPROPRIATION HAVING LIMITED IN THIS RESPECT THE ACTIVE TRAINING DUTY OF OFFICERS ABOVE THE GRADE OF LIEUTENANT TO 15 DAYS, AN OFFICER PLACED ON ACTIVE TRAINING DUTY FOR MORE THAN 15 DAYS WOULD NOT BE ENTITLED TO ANY PAY OR ALLOWANCES FOR THE PERIOD OF ACTIVE TRAINING DUTY IN EXCESS OF 15 DAYS OTHER THAN PAY FOR THE TRAVEL TIME AS INDICATED IN ANSWER TO QUESTION (A). YOUR QUESTION (B) IS ANSWERED ACCORDINGLY.

ANSWERING YOUR QUESTION (C), THE STATUTE LIMITS THE PERIOD "ON SUCH CLASS OF ACTIVE DUTY" FOR OFFICERS ABOVE THE GRADE OF LIEUTENANT EXCEPT THE 19 PROVIDED FOR TO "NOT EXCEEDING 4 MONTHS IN ANY CALENDAR YEAR" AND PROVIDES THAT FOR SUCH ACTIVE DUTY THEY "SHALL NOT BE ENTITLED TO BE PAID A GREATER RATE OF PAY AND ALLOWANCES THAN AUTHORIZED BY LAW FOR A LIEUTENANT OF THE NAVY OR A CAPTAIN OF THE MARINE CORPS ENTITLED TO NOT EXCEEDING 10 YEARS' LONGEVITY PAY.' THE LIMITATION OF THE STATUTE APPLIES TO "SUCH CLASS OF ACTIVE DUTY" DURING CALENDAR YEARS AND IF THE OFFICER IS ON "SUCH CLASS OF ACTIVE DUTY" FOR A LONGER PERIOD THAN 4 MONTHS DURING A CALENDAR YEAR, IRRESPECTIVE OF THE FACT THAT THE PERIOD OF "SUCH CLASS OF ACTIVE DUTY" MAY HAVE BEEN IN 2 FISCAL YEARS, HE IS NOT ENTITLED TO ANY PAY OR ALLOWANCES FOR THE PERIOD OR PERIODS IN EXCESS OF 4 MONTHS DURING THE CALENDAR YEAR.