A-98969, DECEMBER 8, 1938, 18 COMP. GEN. 526

A-98969: Dec 8, 1938

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PAYMENT OF COMPENSATION FOR EMPLOYMENT IN A CIVILIAN CAPACITY OF AN OFFICER OF THE ARMY RESERVE CORPS ON EXTENDED ACTIVE DUTY WHILE ON LEAVE OF ABSENCE FROM HIS ARMY DUTIES IS SPECIFICALLY PROHIBITED BY SECTION 6 OF THE ACT OF MAY 10. 1938: THERE IS FOR CONSIDERATION THE MATTER OF THE DISPOSITION OF CHECK NO. 1. DURING WHICH PERIOD YOU WERE ON LEAVE OF ABSENCE FROM YOUR ACTIVE DUTY ASSIGNMENT WITH OFFICERS' RESERVE CORPS. THAT YOU HAVE CONTINUED IN THE OFFICERS' RESERVE CORPS TO DATE OF REPORT. THAT YOU WERE ORDERED TO ACTIVE DUTY JANUARY 4. WHICH TOUR OF DUTY IS IN EFFECT TO JANUARY 3. THAT YOU WERE GRANTED LEAVE. THAT YOU WERE APPOINTED ON A TEMPORARY BASIS TO THE POSITION OF ASSISTANT AERONAUTICAL INSPECTOR AT $3.

A-98969, DECEMBER 8, 1938, 18 COMP. GEN. 526

OFFICERS AND EMPLOYEES - HOLDING TWO POSITIONS - CIVILIAN-EMPLOYMENT OF ARMY RESERVE OFFICER DURING MILITARY LEAVE OF ABSENCE IN THE ABSENCE OF SPECIFIC AUTHORIZATION OF LAW, PAYMENT OF COMPENSATION FOR EMPLOYMENT IN A CIVILIAN CAPACITY OF AN OFFICER OF THE ARMY RESERVE CORPS ON EXTENDED ACTIVE DUTY WHILE ON LEAVE OF ABSENCE FROM HIS ARMY DUTIES IS SPECIFICALLY PROHIBITED BY SECTION 6 OF THE ACT OF MAY 10, 1916, AS AMENDED AUGUST 29, 1916, 39 STAT. 582, LIMITING AUTHORIZATION FOR RECEIPT OF "MORE THAN ONE SALARY WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM.'

ACTING COMPTROLLER GENERAL ELLIOTT TO FIRST LIEUTENANT JAMES W. FURLOW UNITED STATES ARMY, DECEMBER 8, 1938:

THERE IS FOR CONSIDERATION THE MATTER OF THE DISPOSITION OF CHECK NO. 1,877,111, ISSUED OCTOBER 15, 1938, BY G. F. ALLEN, CHIEF DISBURSING OFFICER, SYMBOL 108-100, IN YOUR FAVOR IN THE AMOUNT OF $115.55 FOR SALARY FROM OCTOBER 3 TO 15, 1938, UNDER YOUR TEMPORARY APPOINTMENT AS ASSISTANT AERONAUTICAL INSPECTOR IN THE FIELD SERVICE OF THE CIVIL AERONAUTICS AUTHORITY, DURING WHICH PERIOD YOU WERE ON LEAVE OF ABSENCE FROM YOUR ACTIVE DUTY ASSIGNMENT WITH OFFICERS' RESERVE CORPS.

THE ADJUTANT GENERAL OF THE ARMY REPORTED NOVEMBER 19, 1938, THAT YOU ACCEPTED APPOINTMENT AS SECOND LIEUTENANT, AIR CORPS RESERVE, OCTOBER 14, 1932, AND THAT YOU HAVE CONTINUED IN THE OFFICERS' RESERVE CORPS TO DATE OF REPORT, HAVING ACCEPTED PROMOTION TO FIRST LIEUTENANT ON JANUARY 4, 1938; THAT YOU WERE ORDERED TO ACTIVE DUTY JANUARY 4, 1937, WHICH TOUR OF DUTY IS IN EFFECT TO JANUARY 3, 1940, AND THAT YOU WERE GRANTED LEAVE, WITH FULL PAY AND ALLOWANCES, FOR 21 DAYS FROM OCTOBER 3 TO 23, 1938. THE SECRETARY, CIVIL AERONAUTICS AUTHORITY, REPORTED NOVEMBER 15, 1938, THAT YOU WERE APPOINTED ON A TEMPORARY BASIS TO THE POSITION OF ASSISTANT AERONAUTICAL INSPECTOR AT $3,200 PER ANNUM IN THE FIELD SERVICE OF THE CIVIL AERONAUTICS AUTHORITY ON OCTOBER 3, 1938, AND THAT YOU SERVED FROM THAT DATE TO THE CLOSE OF OCTOBER 15, 1938, WHEN YOUR SERVICES WERE TERMINATED.

SECTION 37A OF THE NATIONAL DEFENSE ACT, AS AMENDED, 41 STAT. 776, PROVIDES:

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, * * *

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

THAT 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 FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

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

THAT UNLESS OTHERWISE SPECIALLY AUTHORIZED BY LAW, NO MONEY APPROPRIATED BY THIS OR ANY OTHER ACT 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 OF 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 202 (B) OF THE ACT OF JUNE 23, 1938, 52 STAT. 982, TO CREATE A CIVIL AERONAUTICS AUTHORITY, PROVIDES:

THE AUTHORITY, AND THE ADMINISTRATOR, MAY, FROM TIME TO TIME, WITHOUT REGARD TO THE PROVISIONS OF THE CIVIL-SERVICE LAWS, ENGAGE FOR TEMPORARY SERVICE SUCH DULY QUALIFIED CONSULTING ENGINEERS OR AGENCIES, OR OTHER QUALIFIED PERSONS AS ARE NECESSARY IN THE EXERCISE AND PERFORMANCE OF THE POWERS AND DUTIES OF EACH, AND FIX THE COMPENSATION OF SUCH ENGINEERS, AGENCIES, OR PERSONS WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND THE EXPENSES OF SUCH EMPLOYMENT SHALL BE PAID OUT OF THE APPROPRIATION FOR THE ADMINISTRATION OF THIS ACT.

UNDER SECTION 37A OF THE NATIONAL DEFENSE ACT A RESERVE OFFICER MAY BE ORDERED TO ACTIVE DUTY WITH HIS CONSENT FOR ANY PERIOD OF MORE THAN 15 DAYS IN ANY CALENDAR YEAR, AND BY ASSIMILATION HE MAY BE GRANTED LEAVE OF ABSENCE WITH PAY AS AUTHORIZED BY LAW FOR OFFICERS OF THE REGULAR ARMY, AND AS PRESCRIBED BY ARMY REGULATIONS 35-3420, PARAGRAPH 3. DURING THE PERIOD A RESERVE OFFICER OF THE ARMY, WHO IS ALSO A CIVILIAN EMPLOYEE OF THE UNITED STATES, MAY BE ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTION, FOR PERIODS NOT EXCEEDING 15 DAYS IN ANY 1 CALENDAR YEAR, THE ACT OF MAY 12, 1917, CITED, SPECIFICALLY AUTHORIZES THE PAYMENT OF HIS CIVILIAN SALARY WHILE ABSENT FROM HIS CIVILIAN POSITION, IN ADDITION TO HIS MILITARY PAY FOR HIS MILITARY SERVICES. THIS STATUTE IS NOT HOWEVER APPLICABLE TO YOUR CASE, AS YOU WERE ON LEAVE OF ABSENCE FROM YOUR MILITARY DUTIES AND PERFORMED CIVIL FUNCTIONS FOR WHICH THE PAYMENT IN QUESTION WAS MADE. PAYMENT IN QUESTION WAS MADE.

THERE IS NO LAW, EITHER GENERAL OR SPECIFICALLY APPLICABLE TO THE AERONAUTICS AUTHORITY, WHICH AUTHORIZES THE PAYMENT OF COMPENSATION FOR EMPLOYMENT IN A CIVILIAN CAPACITY OF AN OFFICER OF THE RESERVE CORPS ON EXTENDED ACTIVE DUTY WHILE ON LEAVE OF ABSENCE FROM HIS ARMY DUTIES, AND SUCH PAYMENT IS SPECIFICALLY PROHIBITED BY THE QUOTED ACT OF 1916. THE CHECK NO. 1,877,111 ISSUED IN YOUR FAVOR IN THE AMOUNT OF $115.55 WILL BE FORWARDED TO THE RECORDS DIVISION OF THIS OFFICE FOR CANCELATION, AND THE AMOUNT WILL BE DEPOSITED TO THE CREDIT OF THE APPROPRIATION UNDER WHICH DRAWN.