B-139497, JUL. 6, 1959

B-139497: Jul 6, 1959

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OUR DECISION IS REQUESTED WHETHER THE VOUCHER MAY BE PAID. ALSO YOU ASK WHETHER A TECHNICIAN WHOSE EMPLOYMENT TERMINATED JANUARY 24 AND WHOSE TERMINAL LEAVE EXPIRED 7 HOURS PRIOR TO CLOSE OF BUSINESS JANUARY 31 IS ENTITLED TO FULL MONTH'S PAY OR SHOULD HIS PAY BE REDUCED BY 7 HOURS. TO WHOM THE PAYMENT IS PROPOSED. WAS IN A LEAVE WITHOUT PAY STATUS ATTENDING A SERVICE SCHOOL FROM JANUARY 1 THROUGH 29. HIS ATTENDANCE THEREAT WAS IN A MILITARY CAPACITY. BECAUSE TECHNICIANS ARE PAID UPON THE BASIS OF A 30-DAY MONTH. - YOU HAVE DOUBT WHETHER THE VOUCHER MAY BE PAID. 5 U.S.C.A. 84. AS FOLLOWS: "WHERE THE COMPENSATION OF ANY PERSON IN THE SERVICE OF THE UNITED STATES * * * IS ANNUAL OR MONTHLY THE FOLLOWING RULES FOR DIVISION OF TIME AND COMPUTATION OF PAY FOR SERVICES RENDERED ARE ESTABLISHED: ANNUAL COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS.

B-139497, JUL. 6, 1959

TO THE FINANCE AND ACCOUNTING OFFICER, HEADQUARTERS, FORT BENJAMIN HARRISON:

ON MARCH 11, 1959, THE ASSISTANT FINANCE AND ACCOUNTING OFFICER TRANSMITTED TO US A VOUCHER IN THE AMOUNT OF $10.19 REPRESENTING COMPENSATION FOR JANUARY 31, 1958, BASED UPON THE FACTS AND CIRCUMSTANCES RELATED HEREINAFTER. OUR DECISION IS REQUESTED WHETHER THE VOUCHER MAY BE PAID. ALSO YOU ASK WHETHER A TECHNICIAN WHOSE EMPLOYMENT TERMINATED JANUARY 24 AND WHOSE TERMINAL LEAVE EXPIRED 7 HOURS PRIOR TO CLOSE OF BUSINESS JANUARY 31 IS ENTITLED TO FULL MONTH'S PAY OR SHOULD HIS PAY BE REDUCED BY 7 HOURS. THE VOUCHER HAS NO CONNECTION WITH THIS QUESTION.

THE RECORD SHOWS THAT THE TECHNICIAN, AN EMPLOYEE OF THE ARMY NATIONAL GUARD, INDIANA, TO WHOM THE PAYMENT IS PROPOSED, WAS IN A LEAVE WITHOUT PAY STATUS ATTENDING A SERVICE SCHOOL FROM JANUARY 1 THROUGH 29, 1958. PRESUMABLY, HIS ATTENDANCE THEREAT WAS IN A MILITARY CAPACITY. RETURNED TO WORK ON THE 30TH OF JANUARY FOR WHICH DAY PAYMENT HAS BEEN MADE. HE ALSO WORKED ON THE 31ST DAY OF THAT MONTH AND THE SUBMITTED VOUCHER REPRESENTS COMPENSATION THEREFOR. BECAUSE TECHNICIANS ARE PAID UPON THE BASIS OF A 30-DAY MONTH--- UNDER THE PROVISIONS OF 5 U.S.C.A. 84, THE ACT OF JUNE 30, 1906, 34 STAT. 763, AS AMENDED BY THE ACT OF JUNE 30, 1945, 59 STAT. 303--- YOU HAVE DOUBT WHETHER THE VOUCHER MAY BE PAID.

5 U.S.C.A. 84, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"WHERE THE COMPENSATION OF ANY PERSON IN THE SERVICE OF THE UNITED STATES * * * IS ANNUAL OR MONTHLY THE FOLLOWING RULES FOR DIVISION OF TIME AND COMPUTATION OF PAY FOR SERVICES RENDERED ARE ESTABLISHED: ANNUAL COMPENSATION SHALL BE DIVIDED INTO TWELVE EQUAL INSTALLMENTS, ONE OF WHICH SHALL BE THE PAY FOR EACH CALENDAR MONTH; AND IN MAKING PAYMENTS FOR A FRACTIONAL PART OF A MONTH ONE THIRTIETH OF ONE OF SUCH INSTALLMENT, OR OF A MONTHLY COMPENSATION, SHALL BE THE DAILY RATE OF PAY. FOR THE PURPOSE OF COMPUTING SUCH COMPENSATION AND FOR COMPUTING TIME FOR SERVICES RENDERED DURING A FRACTIONAL PART OF A MONTH IN CONNECTION WITH ANNUAL OR MONTHLY COMPENSATION, EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF THIRTY DAYS, WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE 31ST OF ANY CALENDAR MONTH FROM THE COMPUTATION * * *. ANY SUCH PERSON ENTERING THE SERVICE OF THE UNITED STATES DURING A THIRTY-ONE DAY MONTH AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO PAY FOR THAT MONTH FROM THE DATE OF ENTRY TO THE 30TH DAY OF SAID MONTH, BOTH DATES INCLUSIVE; * * * PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE 31ST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.'

NATIONAL GUARD REGULATIONS 75-16, DATED JANUARY 7, 1953, IN FORCE AND EFFECT AT THE TIME THE SERVICES HERE INVOLVED WERE RENDERED PROVIDE, IN PERTINENT PART, AS FOLLOWS:

"3. DEFINITIONS--- THE FOLLOWING DEFINITIONS ARE APPLICABLE;

"F. NATIONAL GUARD CIVILIAN PERSONNEL EMPLOYED UNDER THE AUTHORITY OF THESE REGULATIONS ARE CONSIDERED TO BE EMPLOYEES OF THE SEVERAL STATES, * * * ALTHOUGH PAID FROM FEDERAL FUNDS APPROPRIATED FOR THE NATIONAL GUARD (21 COMP. GEN. 305). AS SUCH, THEY ARE NOT USUALLY SUBJECT TO THE REGULATIONS GOVERNING FEDERAL CIVIL SERVICE EMPLOYEES, HOWEVER, THE BASIC PERSONNEL POLICIES APPLICABLE TO FEDERAL CIVIL SERVICE EMPLOYEES MAY BE USED AS A GUIDE PENDING A DECISION BY THE CHIEF, NATIONAL GUARD BUREAU ON THE MATTERS NOT COVERED IN THESE REGULATIONS OR CURRENT DIRECTIVES.

"11. PAYMENT--- A. NATIONAL GUARD CIVILIAN PERSONNEL, WITH THE EXCEPTION OF THOSE IN THE DISTRICT OF COLUMBIA, WILL BE PAID SEMI MONTHLY OR MONTHLY BY THE ACCOUNTING AND DISBURSING OFFICER DESIGNATED TO PAY NATIONAL GUARD VOUCHERS FOR THE STATE CONCERNED. NATIONAL GUARD CIVILIAN PERSONNEL OF THE DISTRICT OF COLUMBIA WILL BE PAID ON A BI WEEKLY BASIS. * * *.'

WHILE THE ABOVE REGULATIONS POINT OUT THAT SUCH PERSONNEL ARE NOT EMPLOYEES OF THE FEDERAL GOVERNMENT AS DETERMINED BY OUR DECISION, 21 COMP. GEN. 305, THE EMPLOYEE HERE IS PAID ON A 30-DAY BASIS UNDER THE LANGUAGE OF 5 U.S.C.A. 84 QUOTED ABOVE. WE ARE, THEREFORE, REQUIRED TO CONCLUDE THAT PAYMENT FOR JANUARY 31, 1958, AS PROPOSED ON THE SUBMITTED VOUCHER, IS NOT AUTHORIZED. SEE 15 COMP. GEN. 208. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE PAID.

UNDER THE AUTHORITY OF 31 U.S.C.A. 74, DISBURSING OFFICERS ARE ENTITLED TO DECISIONS ONLY UPON SPECIFIC QUESTIONS INVOLVED IN A VOUCHER PROPERLY BEFORE THEM FOR PAYMENT. 38 COMP. GEN. AT PAGE 6 AND CASE CITED THEREIN. HENCE, WE MAY RENDER NO AUTHORITATIVE ANSWER TO YOUR SECOND QUESTION.