A-8721, APRIL 28, 1925, 4 COMP. GEN. 894

A-8721: Apr 28, 1925

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IS ENTITLED TO ACTIVE DUTY PAY FOR THE ENTIRE PERIOD COVERED BY HIS ORDERS. NOTWITHSTANDING HE WAS PERMITTED TO RETURN TO HIS HOME BEFORE THE LAST DATE COVERED BY HIS ORDERS. 1925: THERE IS BEFORE THIS OFFICE FOR DECISION THE CLAIM OF RUTHERFORD B. ON WHICH DATE HE WAS UNDER ASSIGNMENT TO ACTIVE DUTY BY THE TERMS OF SPECIAL ORDER 149. ADDRESSES ARE STATED BELOW. ARE. BOTH DATES INCLUSIVE: * * * * * * * * * * * * * * CHART OMITTED * * * * * * * * * * * * * * THE RESERVE OFFICERS NAMED ABOVE WILL PROCEED AT THE PROPER TIME TO THE PLACE OF ACTIVE DUTY DESIGNATED AND. WILL REPORT IN PERSON TO THE COMMANDING OFFICER FOR TRAINING. THEY WILL RETURN TO THEIR RESPECTIVE HOMES SO AS TO ARRIVE THEREAT ON JULY 20.

A-8721, APRIL 28, 1925, 4 COMP. GEN. 894

OFFICERS' RESERVE CORPS - ACTIVE-DUTY PAY A MEMBER OF THE OFFICERS' RESERVE CORPS ORDERED TO ACTIVE DUTY UNDER SECTION 37A OF THE NATIONAL DEFENSE ACT, AS AMENDED, 41 STAT. 776, FOR TRAINING FOR A PERIOD EXTENDING BETWEEN TWO DATES, BOTH INCLUSIVE, IS ENTITLED TO ACTIVE DUTY PAY FOR THE ENTIRE PERIOD COVERED BY HIS ORDERS, NOTWITHSTANDING HE WAS PERMITTED TO RETURN TO HIS HOME BEFORE THE LAST DATE COVERED BY HIS ORDERS, DUE TO COMPLETION OF THE COURSE, BUT HAD NOT BEEN RELIEVED FROM ACTIVE DUTY BY COMPETENT AUTHORITY.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 28, 1925:

THERE IS BEFORE THIS OFFICE FOR DECISION THE CLAIM OF RUTHERFORD B. H. MACRORIE, INFANTRY, OFFICERS' RESERVE CORPS, FOR PAY FOR THE 20TH DAY OF JULY, 1924, ON WHICH DATE HE WAS UNDER ASSIGNMENT TO ACTIVE DUTY BY THE TERMS OF SPECIAL ORDER 149, HEADQUARTERS SEVENTH CORPS AREA, OMAHA, NEBR., JANUARY 24, 1924, UNDER AUTHORITY OF SECTION 37A OF THE NATIONAL DEFENSE ACT, AS AMENDED, 41 STAT. 776. THE SAID ORDER READS IN PART, AS FOLLOWS:

13. BY DIRECTION OF THE PRESIDENT, AND UNDER AUTHORITY CONTAINED IN TELEGRAM, THE ADJUTANT GENERAL'S OFFICE, WASHINGTON, D.C., DATED JUNE 21, 1924, THE FOLLOWING-NAMED RESERVE OFFICERS, WHOSE GRADES AND SECTIONS, DATES OF RANK, AND ADDRESSES ARE STATED BELOW, ARE, WITH THEIR CONSENT, ORDERED TO ACTIVE DUTY FOR THE PURPOSE OF TRAINING AT THE TRAINING CAMP AT ROCK ISLAND ARSENAL, ROCK ISLAND, ILLINOIS, FOR THE PERIOD JULY 6 TO 20, 1924, BOTH DATES INCLUSIVE:

* * * * * * * * * * * * * * CHART OMITTED * * * * * * * * * * * * * *

THE RESERVE OFFICERS NAMED ABOVE WILL PROCEED AT THE PROPER TIME TO THE PLACE OF ACTIVE DUTY DESIGNATED AND, UPON ARRIVAL THEREAT, WILL REPORT IN PERSON TO THE COMMANDING OFFICER FOR TRAINING, UPON COMPLETION OF WHICH, IF NOT SOONER RELIEVED, THEY WILL RETURN TO THEIR RESPECTIVE HOMES SO AS TO ARRIVE THEREAT ON JULY 20, 1924, UPON WHICH DATE THEY WILL STAND RELIEVED FROM FURTHER ACTIVE DUTY.

SECTION 37A OF THE NATIONAL DEFENSE ACT PROVIDES:

SEC. 37A. RESERVE OFFICERS ON ACTIVE DUTY.--- TO THE EXTENT PROVIDED FOR FROM TIME TO TIME BY APPROPRIATIONS FOR THIS SPECIFIC PURPOSE, THE PRESIDENT MAY ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD; BUT EXCEPT IN TIME OF A NATIONAL EMERGENCY EXPRESSLY DECLARED BY CONGRESS, NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN FIFTEEN DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. A RESERVE OFFICER SHALL NOT BE ENTITLED TO PAY AND ALLOWANCES EXCEPT WHEN ON ACTIVE DUTY. WHEN ON ACTIVE DUTY HE SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE, AND MILEAGE FROM HIS HOME TO HIS FIRST STATION AND FROM HIS LAST STATION TO HIS HOME, BUT SHALL NOT BE ENTITLED TO RETIREMENT OR RETIRED PAY.

THE QUESTION SUBMITTED FOR DECISION AROSE BECAUSE OF A VOUCHER FILED BY COLONEL MACRORIE FOR PAYMENT FOR JULY 20, 1924, THE CONCLUDING DAY OF HIS ASSIGNMENT PERIOD, PAYMENT FOR THAT DAY HAVING BEEN DENIED HIM ON THE GROUND THAT, AS HE HAD LEFT THE CAMP AND ARRIVED AT HIS HOME, DAVENPORT, IOWA, ON THE 19TH OF THE MONTH, HIS RIGHTS TO PAY TERMINATED ON THAT DAY. IT IS SHOWN BY VOUCHER 27, ACCOUNTS OF CAPT. ELMER C. GOEBERT FOR JULY, 1924, THAT CLAIMANT WAS PAID PAY AND SUBSISTENCE ALLOWANCE TO INCLUDE JULY 20, 1924, BUT THAT $16.67 COVERING PAY FOR THAT DAY WAS WITHHELD FROM A SUBSEQUENT PAYMENT TO HIM FOR RENTAL ALLOWANCE AND LONGEVITY PAY ACCRUING TO HIM FOR THE PERIOD OF HIS TRAINING. THE CIRCUMSTANCES UNDER WHICH HE LEFT THE CAMP ARE EXPLAINED BY CLAIMANT AS FOLLOWS:

THE TRAINING CAMP WHERE THE UNDERSIGNED WAS ON ACTIVE DUTY BEGINNING JULY 6, 1924, WAS CLOSED ON JULY 19, 1924, ALL PROPERTY TURNED IN BY RESERVE OFFICERS IN ATTENDANCE THEREAT, MESS CLOSED, SCHEDULE COMPLETED, RESERVE OFFICERS GIVEN AUTHORITY TO RETURN TO THEIR HOMES, AND ALL REGULAR PERSONNEL DEPARTED ON THE SAME DAY; HOWEVER, NO ORDERS WERE ISSUED BY 7TH C.A. OR HIGHER AUTHORITY RELIEVING THE UNDERSIGNED FROM ACTIVE DUTY OTHER THAN PAR. 13, SO 149, 7TH CA., DATED JUNE 24, 1924. THE UNDERSIGNED WAS THEREFORE ON ACTIVE DUTY ON JULY 20, 1924, WHEREVER HE MIGHT BE * * *

IT APPEARS THAT CLAIMANT'S DEPARTURE FROM THE CAMP ON THE 19TH OF THE MONTH OCCURRED AFTER THE COMPLETION OF THE TRAINING COURSE AND THAT HIS ARRIVAL HOME ON THAT DAY WAS DUE TO THE FACT THAT HIS HOME, DAVENPORT, IOWA, WAS ONLY 2 MILES DISTANT FROM THE CAMP. THE SITUATION PRESENTED IS NOT ONE OF ACTUAL RELIEF FROM DUTY INVOLVING CURTAILMENT OF THE OFFICER'S PERIOD OF TRAINING, A CONTINGENCY SPECIFICALLY PROVIDED FOR BY THE ORDER, NOR IS IT IN ANY SENSE A GRANT OF LEAVE. THE COURSE OF TRAINING HAVING BEEN ARRANGED TO TERMINATE AT A TIME TO PERMIT THOSE ATTENDING FROM THE GREATEST DISTANCE TO REACH HOME ON THE 20TH, THE MEMBERS RESIDING IN THE IMMEDIATE VICINITY OF THE CAMP NECESSARILY HAD TO DEPART ALSO, BUT THAT DID NOT CHANGE THE TERMS OF THE ORDER WHICH WAS AN ASSIGNMENT TO ACTIVE DUTY TO INCLUDE JULY 20, 1924, UNLESS SOONER RELIEVED BY COMPETENT AUTHORITY.

AS COLONEL MACRORIE PERFORMED ALL THE DUTY CONTEMPLATED BY THE ORDER, HE IS ENTITLED TO BE PAID IN ACCORDANCE WITH ITS TERMS, AND SETTLEMENT WILL BE MADE ACCORDINGLY.