B-11916, AUGUST 29, 1940, 20 COMP. GEN. 118

B-11916: Aug 29, 1940

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COMPENSATION - DOUBLE - CIVILIAN EMPLOYEES ORDERED TO ACTIVE DUTY - OFFICERS' RESERVE CORPS A MEMBER OF THE OFFICERS' RESERVE CORPS WHO IS ORDERED TO ACTIVE DUTY WITH THE ARMY. - AND WHOSE SALARY AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT IS IN EXCESS OF $2. 000 PER ANNUM IS SUBJECT TO THE DUAL COMPENSATION PAYMENT PROHIBITION OF SECTION 6 OF THE ACT OF MAY 10. 1940: I HAVE YOUR LETTER OF AUGUST 14. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH PAY ROLL PROPERLY CERTIFIED AND APPROVED BY THIS COMMISSION IN THE AMOUNT OF $91.66. THE LEAVE WAS APPROVED FOR THE PERIOD AUGUST 6 TO SEPTEMBER 19. PRIOR TO MAKING PAYMENT YOUR DECISION IS REQUESTED AS TO WHETHER PAYMENT MAY BE MADE TO MR. HIS RESIGNATION IS TO BE EFFECTIVE AT THE EXPIRATION OF THE LEAVE.

B-11916, AUGUST 29, 1940, 20 COMP. GEN. 118

COMPENSATION - DOUBLE - CIVILIAN EMPLOYEES ORDERED TO ACTIVE DUTY - OFFICERS' RESERVE CORPS A MEMBER OF THE OFFICERS' RESERVE CORPS WHO IS ORDERED TO ACTIVE DUTY WITH THE ARMY--- AS DISTINGUISHED FROM TRAINING DUTY--- AND WHOSE SALARY AS A CIVILIAN EMPLOYEE OF THE GOVERNMENT IS IN EXCESS OF $2,000 PER ANNUM IS SUBJECT TO THE DUAL COMPENSATION PAYMENT PROHIBITION OF SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED, AND THEREFORE MAY NOT BE PAID ANY COMPENSATION AS A CIVILIAN DURING THE PERIOD HE RECEIVES ACTIVE DUTY PAY IN THE ARMY, NOTWITHSTANDING HE HAS TO HIS CREDIT ACCRUED UNUSED ANNUAL LEAVE IN HIS CIVILIAN POSITION.

ACTING COMPTROLLER GENERAL ELLIOTT TO COMMISSIONER, UNITED STATES SECTION, INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO, AUGUST 29, 1940:

I HAVE YOUR LETTER OF AUGUST 14, 1940, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH PAY ROLL PROPERLY CERTIFIED AND APPROVED BY THIS COMMISSION IN THE AMOUNT OF $91.66, COVERING COMPENSATION FOR THE PERIOD AUGUST 1 TO 15, 1940, FOR ARTHUR N. HUDDLESTON, INSTRUMENT MAN AT $2,200 PER ANNUM.

ON AUGUST 3, 1940, INSTRUMENT MAN HUDDLESTON RECEIVED A RADIOGRAM FROM THE WAR DEPARTMENT ORDERING HIM TO ACTIVE MILITARY DUTY EFFECTIVE AUGUST 5TH. HOWEVER, HE WORKED FOR THIS COMMISSION UNDER HIS APPOINTMENT AS INSTRUMENT MAN ON AUGUST 5TH AND ON AUGUST 6TH HE APPLIED FOR 35 DAYS ANNUAL LEAVE WHICH HE HAD EARNED AND ACCRUED. THE LEAVE WAS APPROVED FOR THE PERIOD AUGUST 6 TO SEPTEMBER 19, 1940. HOWEVER, PRIOR TO MAKING PAYMENT YOUR DECISION IS REQUESTED AS TO WHETHER PAYMENT MAY BE MADE TO MR. HUDDLESTON NOTWITHSTANDING PROVISIONS OF THE DUAL COMPENSATION STATUTE. HIS RESIGNATION IS TO BE EFFECTIVE AT THE EXPIRATION OF THE LEAVE, OR ON SEPTEMBER 19TH. HE HAS BEEN INFORMED THAT AFTER HIS RELEASE FROM ACTIVE DUTY WITH THE ARMY AN EFFORT WILL BE MADE TO HAVE HIM REINSTATED IN THE EVENT IT IS POSSIBLE FOR THIS COMMISSION TO THEN USE HIS SERVICES.

MR. HUDDLESTON HELD A COMMISSION AS FIRST LIEUTENANT IN THE ORDNANCE REMEMBER OF THE OFFICERS' RESERVE CORPS OF THE UNITED STATES ARMY.

DURING THIS CALENDAR YEAR HE HAS BEEN GRANTED 14 DAYS' MILITARY LEAVE AS A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE UNITED STATES ARMY.

YOUR EARLY DECISION TO THIS QUESTION WILL BE VERY MUCH APPRECIATED AS THERE ARE OTHER CASES OF SIMILAR NATURE NOW PENDING IN THIS COMMISSION.

SECTION 6 OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF 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: * * *

MR. HUDDLESTON'S STATUS IN THE ORDNANCE RESERVE IS SUCH AS NOT TO BRING HIM WITHIN ANY OF THE EXCEPTIONS STATED IN THE ABOVE QUOTED ACT. THAT STATUTE PROHIBITS THE PAYMENT OF THE SALARY OF TWO POSITIONS, THE COMBINED RATES OF WHICH EXCEED $2,000 PER ANNUM, EVEN THOUGH THE EMPLOYEE BE ON LEAVE OF ABSENCE FROM ONE OF THE POSITIONS. 4 COMP. GEN. 521. COMPARE 19 ID. 501. ALSO, SAID STATUTE HAS BEEN APPLIED, IN THE CASE OF A CIVILIAN EMPLOYEE WHO WAS ORDERED TO TRAINING DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE ARMY IN EXCESS OF 15 CALENDAR DAYS IN 1 CALENDAR YEAR, TO PROHIBIT PAYMENT OF COMPENSATION OF HIS CIVILIAN POSITION, IN ADDITION TO THE ACTIVE DUTY PAY IN THE ARMY, FOR THE PERIOD IN EXCESS OF 15 CALENDAR DAYS FOR WHICH HE WAS NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WITH PAY FROM HIS CIVILIAN POSITION. 16 COMP. GEN. 1103; 18 ID. 94; ID. 236. COMPARE 19 COMP. GEN. 880, APPLICABLE TO CIVILIAN EMPLOYEES WHO ARE ORDERED TO ACTIVE DUTY AS A MEMBER OF THE NAVAL RESERVE.

IT IS UNDERSTOOD FROM YOUR LETTER THAT MR. HUDDLESTON HAS BEEN ORDERED TO ACTIVE DUTY WITH THE ARMY--- AS DISTINGUISHED FROM TRAINING DUTY. FOR SUCH DUTY HE WOULD NOT BE ENTITLED TO ANY MILITARY LEAVE. 19 COMP. GEN. 513. IT IS FURTHER UNDERSTOOD THAT HE HAS BEEN PAID HIS ARMY PAY BEGINNING AUGUST 5 OR 6, 1940. SINCE THE SUBMITTED PAY ROLL STATES MR. HUDDLESTON'S SALARY TO BE $2,200 PER ANNUM, THE DUAL COMPENSATION STATUTE OF 1916, SUPRA, PROHIBITS PAYMENT TO HIM OF ANY COMPENSATION AS A CIVILIAN DURING THE PERIOD HE WAS IN RECEIPT OF ACTIVE DUTY PAY IN THE ARMY, NOTWITHSTANDING HE HAS TO HIS CREDIT ACCRUED UNUSED ANNUAL LEAVE IN HIS CIVILIAN POSITION. HE IS ENTITLED TO THE SALARY OF HIS CIVILIAN POSITION ONLY FOR SUCH PART OF THE PERIOD AUGUST 1 TO 15, 1940, COVERED BY THE VOUCHER, AS HE WAS NOT ENTITLED TO ARMY PAY. ACCORDINGLY, PAYMENT ON THE VOUCHER AS SUBMITTED COVERING THE ENTIRE PERIOD, AUGUST 1 TO 15, 1940, IS NOT AUTHORIZED.

WITH REFERENCE TO THE AUTHORITY TO GRANT EXTENDED LEAVE OF ABSENCE WITHOUT PAY TO EMPLOYEES CALLED FOR MILITARY DUTY, PRIOR TO THE EXHAUSTION OF THEIR ACCUMULATED AND CURRENT ANNUAL LEAVE, SEE SECTION 9 OF THE ANNUAL LEAVE REGULATIONS, EXECUTIVE ORDER NO. 8384, DATED MARCH 29, 1940.