B-124859, JANUARY 6, 1956, 35 COMP. GEN. 387

B-124859: Jan 6, 1956

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IS ENTITLED TO PAY AND ALLOWANCES THROUGH SUCH TERMINATION DATE. 1956: REFERENCE IS MADE TO YOUR LETTER OF JULY 5. YOU ARE ORDERED FOR A SHORT TOUR OF ACTIVE DUTY EFFECTIVE 16 APRIL 1955 AND ON THAT DATE WILL PROCEED FROM YOUR HOME TO FINANCE BR. UNLESS SOONER RELIEVED WILL DEPART FT. SHIP OR AIR IS AUTHORIZED ( SR 55 105-5). NECESSARY TRAVEL TIME BASED ON GROUND COMMON CARRIER FROM HOME TO STATION AND RETURN IS AUTHORIZED. * * * IT APPEARS THAT UPON COMPLETION OF THE ASSIGNED TRAINING DUTY THE OFFICER DEPARTED FROM HIS TRAINING DUTY STATION BY AIR TRANSPORTATION ON APRIL 29. THE QUESTION PRESENTED IS WHETHER IN SUCH CIRCUMSTANCES HE IS ENTITLED TO ACTIVE DUTY PAY FOR APRIL 30. A SIMILAR CASE WAS CONSIDERED IN DECISION OF APRIL 28.

B-124859, JANUARY 6, 1956, 35 COMP. GEN. 387

PAY - TRAINING - RESERVISTS - ACTIVE-DUTY PAY A RESERVE OFFICER WHO, UPON COMPLETION OF A TRAINING ASSIGNMENT, DEPARTED FROM THE DUTY STATION AND ARRIVED HOME PRIOR TO THE TERMINATION DATE SPECIFIED IN THE ASSIGNMENT ORDERS, IS ENTITLED TO PAY AND ALLOWANCES THROUGH SUCH TERMINATION DATE.

TO LIEUTENANT COLONEL M. L. JOHNSON, DEPARTMENT OF THE ARMY, JANUARY 6, 1956:

REFERENCE IS MADE TO YOUR LETTER OF JULY 5, 1955, REQUESTING DECISION AS TO WHETHER PAYMENT OF PAY AND ALLOWANCES MAY BE MADE TO COLONEL JOHN D. MOTZ FOR APRIL 30, 1955.

LETTER ORDER NO. 10-414-3, HEADQUARTERS DISTRICT OF COLUMBIA MILITARY DISTRICT, FORT MYER, VIRGINIA, DATED MARCH 16, 1955, READS:

DP AND WITH YOUR CONSENT, YOU ARE ORDERED FOR A SHORT TOUR OF ACTIVE DUTY EFFECTIVE 16 APRIL 1955 AND ON THAT DATE WILL PROCEED FROM YOUR HOME TO FINANCE BR., REFRESHER COURSE ( USAR), FINANCE SCHOOL, FORT BENJAMIN HARRISON, INDIANA (REPORT 10800, 17 APRIL 1955). UNLESS SOONER RELIEVED WILL DEPART FT. BENJ HARRISON, IND. 29 APRIL 55 AND RETURN TO YOUR HOME AND REVERT TO INACTIVE STATUS EFF 30 APRIL 1955. (15 DAYS) TRAVEL BY RAILROAD, BUS, SHIP OR AIR IS AUTHORIZED ( SR 55 105-5). NECESSARY TRAVEL TIME BASED ON GROUND COMMON CARRIER FROM HOME TO STATION AND RETURN IS AUTHORIZED. * * *

IT APPEARS THAT UPON COMPLETION OF THE ASSIGNED TRAINING DUTY THE OFFICER DEPARTED FROM HIS TRAINING DUTY STATION BY AIR TRANSPORTATION ON APRIL 29, 1955, AND ARRIVED AT HIS HOME THE SAME DAY. THE QUESTION PRESENTED IS WHETHER IN SUCH CIRCUMSTANCES HE IS ENTITLED TO ACTIVE DUTY PAY FOR APRIL 30, 1955.

A SIMILAR CASE WAS CONSIDERED IN DECISION OF APRIL 28, 1925, 4 COMP. GEN. 894. THERE MEMBERS OF THE OFFICERS RESERVE CORPS RECEIVED ORDERS UNDER AUTHORITY OF SECTION 37A OF THE NATIONAL DEFENSE ACT, 34 U.S.C. 486A, TO ACTIVE DUTY FOR TRAINING FOR THE PERIOD JULY 6 TO 20, 1924, BOTH DATES INCLUSIVE, DIRECTING THAT UPON COMPLETION OF THE TRAINING DUTY, IF NOT SOONER RELIEVED, THEY WOULD RETURN TO THEIR RESPECTIVE HOMES SO AS TO ARRIVE THERE ON JULY 20, 1924, UPON WHICH DATE THEY WOULD STAND RELIEVED FROM ACTIVE DUTY. THE TRAINING WAS COMPLETED AND THE CAMP WAS CLOSED ON JULY 19, 1924, AND ONE OF THE OFFICERS ARRIVED AT HIS HOME NEARBY ON THE SAME DAY. THE DECISION STATED:

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 * * * 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. IT THERE WAS CONCLUDED THAT, SINCE THE OFFICER PERFORMED ALL THE DUTY CONTEMPLATED BY THE ORDERS, HE WAS ENTITLED TO BE PAID IN ACCORDANCE WITH ITS TERMS.

WHILE SECTION 37A OF THE NATIONAL DEFENSE ACT NO LONGER IS IN EFFECT, THE LAW HAS NOT BEEN MATERIALLY CHANGED WITH RESPECT TO THE RIGHT OF RESERVE OFFICERS TO PAY FOR ACTIVE DUTY FOR TRAINING. COMPARE 28 COMP. GEN. 343, 345, AND SECTION 201 (E) OF THE CAREER COMPENSATION ACT, 63 STAT. 807, 37 U.S.C. 232. ACCORDINGLY, IN VIEW OF THE HOLDING IN 4 COMP. GEN. 894, PAYMENT OF PAY AND ALLOWANCES FOR APRIL 30, 1955, MAY BE MADE TO COLONEL MOTZ ON THE VOUCHER, WHICH IS RETURNED.