B-122879, JUNE 28, 1955, 34 COMP. GEN. 703

B-122879, JUNE 28, 1955, 34 COMP. GEN. 703

PAY - TRAINING - RESERVISTS - RESERVISTS IN RECEIPT OF DISABILITY COMPENSATION - WAIVERS - ADMINISTRATIVE FUNCTION OR "COMMAND" PAY ADMINISTRATIVE FUNCTION,"COMMAND" PAY AUTHORIZED AT AN ANNUAL RATE BY SECTION 501 (C) OF THE CAREER COMPENSATION ACT OF 1949 MAY BE CREDITED ON A MONTHLY BASIS AND, THEREFORE, A NAVAL RESERVE OFFICER WHO WAS AUTHORIZED TO COMMAND A RESERVE UNIT AND WHO EXECUTED A WAIVER TO THE VETERANS ADMINISTRATION FOR 48 DAYS PENSION, DISABILITY ALLOWANCE, ETC., WHILE PARTICIPATING IN RESERVE DUTY TRAINING IS ENTITLED TO A PROPORTIONATE AMOUNT OF THE ADMINISTRATIVE FUNCTION PAY FOR DUTY DURING THE PERIOD OF THE WAIVER.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO K. H. STIMELING, DEPARTMENT OF THE NAVY, JUNE 28, 1955:

YOUR LETTER OF JANUARY 26, 1955, REQUESTS A DECISION AS TO WHETHER LIEUTENANT COMMANDER THOMAS W. TEN EYCK, USNR-R, 119694/1105, IS ENTITLED TO "COMMAND PAY" WHILE IN RECEIPT OF PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY.

IT APPEARS THAT COMMANDER TEN EYCK WAS ASSIGNED IN A DRILL PAY STATUS, EFFECTIVE JUNE 1, 1954, TO NAVAL RESERVE SURFACE DIVISION 9 236, DENVER, COLORADO. ON JULY 1, 1954, HE EXECUTED A WAIVER TO THE VETERANS ADMINISTRATION REGIONAL OFFICE, DENVER FEDERAL CENTER, OF 48 DAYS' PENSION, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY FOR THE FISCAL YEAR 1955, WHILE PARTICIPATING IN RESERVE DUTY TRAINING OTHER THAN PERIODS OF ACTIVE DUTY, WITH THE PROVISO THAT IT WAS TO BE UNDERSTOOD THAT REIMBURSEMENT WOULD BE MADE TO HIM BY THE VETERANS ADMINISTRATION FOR ANY NUMBER OF THE 48 DAYS FOR WHICH HE DID NOT RECEIVE PAYMENT FOR RESERVE -DUTY TRAINING, UPON PROPER APPLICATION AND CERTIFICATION. BY LETTER ORDERS DATED MAY 24, 1954, HE WAS APPOINTED COMMANDING OFFICER OF NAVAL RESERVE SURFACE DIVISION 9-236, DENVER, COLORADO, EFFECTIVE MAY 25, 1954, WITH COMPENSATION AT THE RATE OF $240 PER ANNUM.

SECTION 501 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 826, PROVIDES:

(C) IN ADDITION TO PAY PROVIDED IN SUBSECTION (A) OF THIS SECTION, OFFICERS OF THE* * * NAVAL RESERVE * * * COMMANDING ORGANIZATIONS HAVING ADMINISTRATIVE FUNCTIONS CONNECTED THEREWITH SHALL * * * BE ENTITLED TO RECEIVE NOT MORE THAN $240 A YEAR FOR THE FAITHFUL PERFORMANCE OF SUCH ADMINISTRATIVE FUNCTIONS UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY PRESCRIBE * * *.

PARAGRAPH 1044687-3, NAVY COMPTROLLER MANUAL, RELATING TO COMMAND PAY, PROVIDES THAT NAVAL RESERVE OFFICERS COMMANDING NAVAL RESERVE ORGANIZATIONS PURSUANT TO ORDERS OF COMPETENT AUTHORITY, WHO HAVE FAITHFULLY PERFORMED ADMINISTRATIVE DUTIES CONNECTED WITH COMMAND, ARE ENTITLED TO ADDITIONAL COMPENSATION AT A RATE NOT TO EXCEED $240 A YEAR. IT IS FURTHER PROVIDED THAT THE COMPENSATION IS PAYABLE WITHOUT REGARD TO THE NUMBER OF DRILLS ATTENDED, BUT THAT IT DOES NOT ACCRUE, FOR ANY PERIOD WHEN THE OFFICER IS ENTITLED TO PAY FOR ACTIVE DUTY OR TRAINING DUTY. ALSO, THE REGULATION PROVIDES THAT CERTAIN OFFICERS DESIGNATED BY COMPETENT AUTHORITY ARE REQUIRED TO DETERMINE WHETHER A COMMANDING OFFICER OF A NAVAL RESERVE ORGANIZATION HAS FAITHFULLY PERFORMED HIS ADMINISTRATIVE DUTIES, AND THAT SUCH ADDITIONAL PAY WILL BE CREDITED ON THE OFFICER'S PAY RECORD AT A MONTHLY RATE. PARAGRAPH 1044697-2B OF THE SAME MANUAL PROVIDES FOR CREDITING COMMAND PAY AT A MONTHLY RATE FROM THE DAY ON WHICH ENTITLEMENT COMMENCES AND CONTINUING SO LONG AS ENTITLEMENT EXISTS. UNDER SUCH PROVISIONS COMMAND PAY ACCRUES ON A DAY-TO-DAY BASIS AT THE AUTHORIZED RATE DURING THE PERIOD OR PERIODS THAT THE REQUIREMENTS FOR SUCH PAY ARE MET.

SECTION 1 OF THE ACT OF SEPTEMBER 27, 1950, 64 STAT. 1067, PUBLIC LAW 844 (34 U.S.C. 853E-1), AMENDS SECTION 10 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 854, TO READ AS FOLLOWS:

ANY MEMBER OF THE NAVAL RESERVE * * * ENTITLED TO DRAW A PENSION, RETAINER PAY, DISABILITY ALLOWANCE, DISABILITY COMPENSATION, OR RETIRED PAY FROM THE GOVERNMENT OF THE UNITED STATES BY VIRTUE OF PRIOR MILITARY SERVICE, MAY ELECT, WITH REFERENCE TO PERIODS OF ACTIVE DUTY, ACTIVE DUTY FOR TRAINING, DRILL, TRAINING, INSTRUCTION, OR OTHER DUTY FOR WHICH THEY MAY BE ENTITLED TO RECEIVE COMPENSATION PURSUANT TO ANY PROVISIONS OF LAW TO RECEIVE EITHER (1) THE COMPENSATION FOR SUCH DUTY, WHICH, WHEN AUTHORIZED BY LAW, SHALL INCLUDE TRAVEL OR OTHER EXPENSES INCIDENT THERETO, AND SUBSISTENCE AND QUARTERS, OR COMMUTATION THEREOF, OR (2) THE PENSION, RETAINER PAY, DISABILITY ALLOWANCE, DISABILITY COMPENSATION OR RETIRED PAY, BUT NOT BOTH; AND UNLESS THEY SPECIFICALLY WAIVE OR RELINQUISH THE LATTER, THEY SHALL NOT RECEIVE THE FORMER FOR THE PERIODS OF SUCH DUTY: * * * ( ITALICS SUPPLIED.)

SINCE COMMANDER TEN EYCK HAS WAIVED HIS PENSION, ETC., FOR THE 48 DAYS ON WHICH HE IS AUTHORIZED TO PERFORM DRILLS, AND INASMUCH AS THE CITED REGULATIONS AUTHORIZED TO PERFORM DRILLS, AND INASMUCH AS THE CITED REGULATIONS AUTHORIZE THE CREDITING OF "COMMAND PAY" ON A MONTHLY BASIS DURING THE PERIOD THAT ENTITLEMENT EXISTS, HE IS ENTITLED, IN VIEW OF HIS ELECTION TO RECEIVE MILITARY PAY AND TO FOREGO HIS PENSION, ETC., FOR THOSE 48 DAYS, TO A PROPORTIONATE AMOUNT OF THE "COMMAND PAY" FOR THOSE DAYS PROVIDED OTHER REQUIREMENTS ARE MET. SUCH AMOUNT WOULD BE SUBJECT TO BE CORRESPONDINGLY ADJUSTED IN THE EVENT THERE SHOULD BE AN ADJUSTMENT OF THE NUMBER OF DAYS FOR WHICH PENSION, DISABILITY COMPENSATION, ETC., HAS BEEN WAIVED. YOUR SUBMISSION IS ANSWERED ACCORDINGLY.