B-122794, JULY 18, 1955, 35 COMP. GEN. 25

B-122794: Jul 18, 1955

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ACCEPTED AN APPOINTMENT AS A REGULAR ARMY WARRANT OFFICER BUT CONTINUED TO SERVE FOR SEVERAL MONTHS IN THE HIGHER TEMPORARY GRADE IS REGARDED AS HAVING CONTINUOUS SERVICE. HE IS NOT ENTITLED TO A LUMP-SUM PAYMENT FOR ACCRUED UNUSED LEAVE. 1955: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH. WAS RELIEVED FROM ASSIGNMENT AND DUTY AS A LIEUTENANT COLONEL. IN YOUR LETTER IT IS STATED THAT SINCE. THE CLAIMANT WAS SERVING AS A RESERVE OFFICER IN CATEGORY III WHICH EXPIRED ON DECEMBER 31. DOUBT EXISTS WHETHER HE WAS SEPARATED TO CONTINUE IN THE ARMY OR BECAUSE OF EXPIRATION OF THE CATEGORY. DEJARNETTE STATES THAT WHILE HE WAS SWORN IN AS A WARRANT OFFICER ON NOVEMBER 1.

B-122794, JULY 18, 1955, 35 COMP. GEN. 25

LEAVES OF ABSENCES - MILITARY, NAVAL, ETC., PERSONNEL - PAY EQUIVALENT PAYMENTS - LEAVE ACCRUED BUT UNUSED PRIOR TO SEPARATION, DISCHARGE, ETC. AN OFFICER WHO, WHILE SERVING ON ACTIVE DUTY AS A LIEUTENANT COLONEL IN THE ARMY OF THE UNITED STATES, ACCEPTED AN APPOINTMENT AS A REGULAR ARMY WARRANT OFFICER BUT CONTINUED TO SERVE FOR SEVERAL MONTHS IN THE HIGHER TEMPORARY GRADE IS REGARDED AS HAVING CONTINUOUS SERVICE, SO THAT ON RELEASE FROM ACTIVE DUTY AS LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, AND REVERSION TO THE PERMANENT REGULAR ARMY WARRANT OFFICER GRADE, HE IS NOT ENTITLED TO A LUMP-SUM PAYMENT FOR ACCRUED UNUSED LEAVE.

TO LIEUTENANT COLONEL R. J. CLYNES, DEPARTMENT OF THE ARMY, JULY 18, 1955:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1955, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH, IN FAVOR OF ELLIOTT H. DEJARNETTE III, OWO, W-4, ARMY OF THE UNITED STATES, W- 905380, IN THE AMOUNT OF $906.02, REPRESENTING LUMP SUM PAYMENT FOR ACCRUED UNUSED LEAVE AS OF JANUARY 3, 1955, COMPUTED AT THE RATE APPLICABLE TO A LIEUTENANT COLONEL WITH OVER 18 YEARS' SERVICE.

UNDER THE PROVISIONS OF PARAGRAPH 22, SPECIAL ORDERS NO. 247, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED DECEMBER 16, 1954, MR. DEJARNETTE, BY DIRECTION OF THE PRESIDENT, WAS RELIEVED FROM ASSIGNMENT AND DUTY AS A LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, UNDER SECTION 515 (D) OF THE OFFICERS PERSONNEL ACT OF 1947. 10 U.S.C. 506D, EFFECTIVE JANUARY 3, 1955, AND REVERTED TO HIS REGULAR ARMY STATUS AS CHIEF WARRANT OFFICER, W- 3, THE FOLLOWING DAY WITH AN ASSIGNMENT AT THE SAME STATION. THE ORDERS ALSO PROVIDED THAT HIS UNUSED LEAVE WOULD BE TRANSFERRED IN ACCORDANCE WITH PARAGRAPH 9 (D), SPECIAL REGULATIONS 600 115-1. THE ORDERS ANNOUNCED HIS TEMPORARY PROMOTION EFFECTIVE JANUARY 4, 1955, FROM HIS REGULAR ARMY GRADE TO THE GRADE OF CHIEF WARRANT OFFICER, W-4, ARMY OF THE UNITED STATES, WITH RANK FROM APRIL 2, 1954.

IN YOUR LETTER IT IS STATED THAT SINCE, PRIOR TO HIS SEPARATION ON JANUARY 3, 1955, THE CLAIMANT WAS SERVING AS A RESERVE OFFICER IN CATEGORY III WHICH EXPIRED ON DECEMBER 31, 1954, DOUBT EXISTS WHETHER HE WAS SEPARATED TO CONTINUE IN THE ARMY OR BECAUSE OF EXPIRATION OF THE CATEGORY.

IN A LETTER DATED JANUARY 6, 1955, WHICH ACCOMPANIED THE VOUCHER, MR. DEJARNETTE STATES THAT WHILE HE WAS SWORN IN AS A WARRANT OFFICER ON NOVEMBER 1, 1954, HE HAD NEVER SERVED ON ACTIVE DUTY AS A CHIEF WARRANT OFFICER, W-3, PRIOR TO JANUARY 4, 1955, AND THUS COULD NOT "REVERT" TO A REGULAR ARMY STATUS EFFECTIVE THAT DATE FOLLOWING HIS RELEASE FROM ACTIVE DUTY AS A LIEUTENANT COLONEL. IT IS HIS CONTENTION THAT HIS RELEASE FROM ACTIVE DUTY AND SUBSEQUENT ENTRY UPON ACTIVE DUTY AS A REGULAR ARMY WARRANT OFFICER ARE TWO SEPARATE TRANSACTIONS AND CONSTITUTE DIFFERENT PERIODS OF SERVICE. IT IS ASSUMED FROM HIS STATEMENT THAT THE OFFICER ACCEPTED HIS REGULAR ARMY COMMISSION ON NOVEMBER 1, 1954.

PARAGRAPH 9 OF SPECIAL REGULATIONS 600-115-1 PROVIDES THAT IF SERVICE OF AN INDIVIDUAL IS CONTINUOUS, LEAVE ACCRUED AND NOT USED IN THE FIRST INSTANCE WILL BE CARRIED OVER AND CREDITED IN THE LATER SERVICE. VARIOUS EXAMPLES OF CONTINUOUS SERVICE ARE ENUMERATED IN THE REGULATIONS BUT SUCH LISTING DOES NOT PURPORT TO INCLUDE ALL SERVICE WHICH SHOULD BE CONSIDERED AS CONTINUOUS. FOR THE FACTS DISCLOSED IT APPEARS MR. DEJARNETTE ACCEPTED APPOINTMENT AS A REGULAR ARMY WARRANT OFFICER ON NOVEMBER 1, 1954, WHILE SERVING ON ACTIVE DUTY AS A LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, AND HE CONTINUED TO SERVE IN HIS TEMPORARY HIGHER GRADE THROUGH JANUARY 3, 1955. HE REVERTED TO HIS PERMANENT REGULAR ARMY GRADE ON JANUARY 4, 1955, UNDER THE ORDERS OF DECEMBER 16, 1954, AND WAS IMMEDIATELY PROMOTED TO ANOTHER TEMPORARY HIGHER GRADE (CHIEF WARRANT OFFICER W-4) IN THE ARMY OF THE UNITED STATES. THUS IT MUST BE CONCLUDED THAT ON AND AFTER NOVEMBER 1, 1954, THE MEMBER WAS VESTED WITH AN APPOINTMENT IN THE REGULAR ARMY, ALTHOUGH HE SERVED IN A HIGHER TEMPORARY GRADE IN THE ARMY OF THE UNITED STATES THROUGH JANUARY 3, 1955. IN SUCH CIRCUMSTANCES HIS SERVICE WAS CONTINUOUS AND HE WOULD NOT BE ENTITLED TO LUMP-SUM PAYMENT OF ACCRUED UNUSED LEAVE AS OF JANUARY 3, 1955, ON HIS RELEASE FROM ACTIVE DUTY AS A LIEUTENANT COLONEL, ARMY OF THE UNITED STATES, TO REVERT TO HIS PERMANENT REGULAR ARMY GRADE.

ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE.