A-86944, JUNE 22, 1937, 16 COMP. GEN. 1103

A-86944: Jun 22, 1937

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OR EFFICIENCY RATING" DURING SUCH PERIOD HE WAS ORDERED TO ACTIVE DUTY FOR SCHOOL INSTRUCTION AS A MEMBER OF THE CORPS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR. HE IS NOT ENTITLED TO PAY AS A CIVILIAN EMPLOYEE FOR ANY PART OF THE PERIOD BEYOND 15 DAYS FOR WHICH ORDERED FOR INSTRUCTION. IS AT A RATE IN EXCESS OF $2. REGARDING THE RIGHT OF OFFICERS AND EMPLOYEES OF THE UNITED STATES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS TO LEAVE OF ABSENCE . IT IS NOT OBLIGATORY TO GRANT ANY FORM OF LEAVE OTHER THAN THE 15 DAYS' MILITARY LEAVE IN SUCH CASES. WAS DIRECTED TO PROCEED FROM BETHESDA. MAJOR KERR IS EMPLOYED IN THIS ADMINISTRATION AS AN ENGINEER EXAMINER. HE APPLIED FOR AND WAS GRANTED LEAVE AS FOLLOWS: MARCH 15 TO MARCH 30.

A-86944, JUNE 22, 1937, 16 COMP. GEN. 1103

LEAVES OF ABSENCE - MILITARY - OFFICERS' RESERVE CORPS - PAY AND LEAVE BEYOND 15-DAY PERIOD AND RESTORATION TO FORMER POSITION A MEMBER OF THE OFFICERS' RESERVE CORPS MAY BE GRANTED LEAVE OF ABSENCE FROM HIS DUTIES AS AN OFFICER OR EMPLOYEE OF THE GOVERNMENT "WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING" DURING SUCH PERIOD HE WAS ORDERED TO ACTIVE DUTY FOR SCHOOL INSTRUCTION AS A MEMBER OF THE CORPS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR, BUT HE IS NOT ENTITLED TO PAY AS A CIVILIAN EMPLOYEE FOR ANY PART OF THE PERIOD BEYOND 15 DAYS FOR WHICH ORDERED FOR INSTRUCTION, WITH HIS CONSENT, IF HIS ACTIVE SERVICE PAY AND ALLOWANCES, PLUS THE SALARY OF HIS CIVIL POSITION, IS AT A RATE IN EXCESS OF $2,000. THE PROVISIONS OF THE ACT OF MAY 12, 1917, 40 STAT. 72, REGARDING THE RIGHT OF OFFICERS AND EMPLOYEES OF THE UNITED STATES WHO ARE MEMBERS OF THE OFFICERS' RESERVE CORPS TO LEAVE OF ABSENCE ,WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING" WHEN ORDERED TO DUTY WITH TROOPS FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR WITH RESTORATION WHEN RELIEVED FROM DUTY TO THE POSITIONS HELD BY THEM WHEN ORDERED TO DUTY, HAS NO APPLICATION TO VOLUNTARY ACTIVE DUTY IN TIME OF PEACE UNDER ORDERS ISSUED WITH THEIR CONSENT, AND IT IS NOT OBLIGATORY TO GRANT ANY FORM OF LEAVE OTHER THAN THE 15 DAYS' MILITARY LEAVE IN SUCH CASES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS, JUNE 22, 1937:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 14, 1937, AS FOLLOWS:

UNDER DATE OF JANUARY 8, 1936, BY SPECIAL ORDERS NO. 6, PARAGRAPH 9, FROM CHIEF OF STAFF, WAR DEPARTMENT, MAJOR CHARLES PHILLIPS KERR, INFANTRY RESERVE (O-185899), WAS DIRECTED TO PROCEED FROM BETHESDA, MARYLAND, TO FORT LEAVENWORTH, KANSAS, FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION FOR RESERVE OFFICERS AT THE COMMAND AND GENERAL STAFF SCHOOL FOR THE PERIOD MARCH 15 TO JUNE 20, 1936.

MAJOR KERR IS EMPLOYED IN THIS ADMINISTRATION AS AN ENGINEER EXAMINER, WITH COMPENSATION AT THE RATE OF $5,200 PER ANNUM. HE APPLIED FOR AND WAS GRANTED LEAVE AS FOLLOWS:

MARCH 15 TO MARCH 30, INCLUSIVE--- 15 DAYS MILITARY.

MARCH 31 TO APRIL 15, INCLUSIVE--- 13 2/14 DAYS ANNUAL.

APRIL 16 TO JUNE 17, INCLUSIVE--- 63 DAYS WITHOUT PAY.

REFERENCE IS MADE TO THE FOLLOWING STATUTES:

SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED AUGUST 29, 1916, 39 STAT. 582:

"THAT UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW NO MONEY SHALL BE AVAILABLE FOR PAYMENT TO ANY PERSON RECEIVING MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM, BUT THIS SHALL NOT APPLY TO RETIRED OFFICERS OR ENLISTED MEN IN THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD, OR TO OFFICERS AND ENLISTED MEN OF THE ORGANIZED MILITIA AND NAVAL MILITIA IN THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA.'

SECTION 39 OF THE ACT OF JUNE 13, 1916, 39 STAT. 191:

"TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE SECRETARY OF WAR IS AUTHORIZED TO ORDER RESERVE OFFICERS TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR, AND WHILE SO SERVING, SUCH OFFICERS SHALL RECEIVE THE PAY AND ALLOWANCES OF THEIR RESPECTIVE GRADES IN THE REGULAR ARMY.'

THE ACT OF MAY 12, 1917, 40 STAT. 72:

"ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE OFFICERS' RESERVE CORPS SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR; AND WHEN RELIEVED FROM DUTY, THEY SHALL BE RESTORED TO THE POSITIONS HELD BY THEM WHEN ORDERED TO DUTY.'

IN VIEW OF THE ABOVE STATUTORY PROHIBITIONS AND PROVISIONS, THIS OFFICE REQUESTS INFORMATION AS TO WHETHER MILITARY AND ANNUAL LEAVE WERE AVAILABLE TO MR. KERR DURING ABSENCE FROM DUTIES IN THIS OFFICE AND WHETHER PAYMENTS OF CIVILIAN SALARY FOR SUCH PERIODS WERE CORRECT.

UNDER THE PLAIN TERMS OF THE ACT OF MAY 12, 1917, CITED, YOU WERE AUTHORIZED TO GRANT MAJOR KERR "LEAVE OF ABSENCE" FROM HIS DUTIES AS AN OFFICER OR EMPLOYEE OF THE GOVERNMENT "WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATINGS" DURING SUCH PERIOD HE WAS ORDERED TO ACTIVE DUTY FOR INSTRUCTION AS A MEMBER OF THE OFFICERS' RESERVE CORPS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR, 1 COMP. GEN. 554, 2 ID. 30; A.D. 7477, FEBRUARY 28, 1923; A-83515, FEBRUARY 18, 1937, BUT, HE WAS NOT ENTITLED TO ANY PAY AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT FOR ANY PART OF THE PERIOD HE WAS ORDERED TO ACTIVE DUTY FOR INSTRUCTION, WITH HIS CONSENT, IN EXCESS OF 15 DAYS, AS OBVIOUSLY THE AGGREGATE OF THE ACTIVE SERVICE PAY AND ALLOWANCES OF HIS GRADE AS A MEMBER OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY, PLUS THE SALARY OF HIS CIVIL POSITION WAS AT A RATE IN EXCESS OF $2,000. SEE 3 COMP. GEN. 116; ID. 246.

IN REGARD TO THE LAST SENTENCE OF THE ACT OF MAY 12, 1917, QUOTED BY YOU, IT WAS STATED IN A-51441, JUNE 22, 1935, THAT SUCH PROVISION HAS NO APPLICATION TO VOLUNTARY ACTIVE DUTY ENTERED UPON IN TIME OF PEACE UNDER ORDERS ISSUED WITH THE CONSENT OF THE EMPLOYEE, AND IT IS NOT OBLIGATORY TO GRANT ANY FORM OF LEAVE OTHER THAN THE 15 DAYS' MILITARY LEAVE.