B-142078, MAY 6, 1960

B-142078: May 6, 1960

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USNR-R: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30. YOU WERE ASSIGNED TO INACTIVE DUTY TRAINING IN A PAY STATUS AND AUTHORIZED TO PERFORM INACTIVE-DUTY TRAINING WITH NAVAL RESERVE SURFACE DIVISION 9-10. YOUR ACCEPTANCE OF THE ASSIGNMENT IS SHOWN BY YOUR ENDORSEMENT OF THE ORDERS ON OCTOBER 23. YOUR CLAIM FOR DRILL PAY WAS DISALLOWED SINCE THERE WAS NO SHOWING THAT YOU PERFORMED THE DRILLS IN QUESTION WITH PROPER ADVANCE AUTHORIZATION. SINCE THE ORDERS CITED ABOVE WERE ISSUED AFTER THE PERIOD OF TRAINING INVOLVED. YOU HAVE SUBMITTED A COPY OF A COMMUNICATION DATED JULY 27. FROM THE COMMANDANT OF THE NINTH NAVAL DISTRICT ADDRESSED TO YOU WHICH STATES THAT YOUR ASSIGNMENT IN A NONPAY STATUS TO NAVAL RESERVE SURFACE DIVISION 9-10/M) WAS THEREBY TERMINATED EFFECTIVE JULY 2.

B-142078, MAY 6, 1960

TO LIEUTENANT THEODORE ZAGGY, USNR-R:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 30, 1960, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 12, 1959, WHICH DISALLOWED YOUR CLAIM FOR DRILL PAY DURING THE PERIOD JULY 3 TO SEPTEMBER 30, 1956, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES NAVAL RESERVE.

THE RECORD SHOWS THAT BY BUREAU OF NAVAL PERSONNEL ORDERS, DATED OCTOBER 11, 1956, YOU WERE ASSIGNED TO INACTIVE DUTY TRAINING IN A PAY STATUS AND AUTHORIZED TO PERFORM INACTIVE-DUTY TRAINING WITH NAVAL RESERVE SURFACE DIVISION 9-10, FOREST PARK, ILLINOIS, JULY 3, 1956, BEING STATED AS THE EFFECTIVE DATE OF THE ASSIGNMENT. YOUR ACCEPTANCE OF THE ASSIGNMENT IS SHOWN BY YOUR ENDORSEMENT OF THE ORDERS ON OCTOBER 23, 1956. YOUR CLAIM FOR DRILL PAY WAS DISALLOWED SINCE THERE WAS NO SHOWING THAT YOU PERFORMED THE DRILLS IN QUESTION WITH PROPER ADVANCE AUTHORIZATION, SINCE THE ORDERS CITED ABOVE WERE ISSUED AFTER THE PERIOD OF TRAINING INVOLVED.

WITH YOUR REQUEST FOR REVIEW, YOU HAVE SUBMITTED A COPY OF A COMMUNICATION DATED JULY 27, 1956, FROM THE COMMANDANT OF THE NINTH NAVAL DISTRICT ADDRESSED TO YOU WHICH STATES THAT YOUR ASSIGNMENT IN A NONPAY STATUS TO NAVAL RESERVE SURFACE DIVISION 9-10/M) WAS THEREBY TERMINATED EFFECTIVE JULY 2, 1956, BY REASON OF ACCEPTANCE OF PROVISIONAL DRILL PAY ORDERS. HOWEVER, NO SUCH ORDERS HAVE BEEN FURNISHED. YOU APPARENTLY BELIEVE THAT THIS COMMUNICATION MAY BE ACCEPTED AS A SHOWING THAT THERE WAS PROPER ADVANCE AUTHORIZATION FOR THE DRILLS ALLEGED TO HAVE BEEN PERFORMED IN A PAY STATUS.

PARAGRAPH 7A OF BUPERS INSTRUCTION 1300.3B, DATED APRIL 9, 1956, ISSUED BY THE BUREAU OF NAVAL PERSONNEL, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/3) UNIT COMMANDING OFFICERS ARE AUTHORIZED TO ISSUE PROVISIONAL DRILL PAY OR PROVISIONAL ASSOCIATE PAY ORDERS, USING FORM NAVPERS 752, TO OFFICERS AWAITING FINAL ACTION BY THE CHIEF OF NAVAL PERSONNEL ON REQUESTS FOR ATTACHMENT OR ASSOCIATION IN PAY STATUS. PROVISIONAL PAY ORDERS SHALL BE ISSUED UPON FORWARDING AN OFFICERS' REQUEST, BUT ARE NOT NECESSARY FOR TRANSFER FROM ASSOCIATE PAY STATUS TO ATTACHED STATUS, OR VICE VERSA. SIGNED COPY OF THE PROVISIONAL PAY ORDERS SHALL BE FORWARDED TO THE CHIEF OF NAVAL PERSONNEL WITH THE REQUEST. PROVISIONAL PAY ORDERS SHALL BE EFFECTIVE UPON EXECUTION OF THE FIRST ENDORSEMENT THEREON BY THE OFFICER CONCERNED. PROVISIONAL PAY ORDERS SHALL NOT HAVE RETROACTIVE DATES AND THE DATE OF THE FIRST ENDORSEMENT BY THE OFFICER CONCERNED SHALL REFLECT THE ACTUAL DATE OF HIS SIGNING. * * *

"/4) A LETTER IN THE WORDING OF ENCLOSURE (6) PART I (REQUEST FOR TRANSFER TO READY RESERVE) OR PART II (AGREEMENT TO REMAIN IN READY RESERVE), AS APPROPRIATE, SHALL BE USED FOR REQUESTS FOR TRANSFER TO, OR AGREEMENT TO REMAIN IN, THE READY RESERVE. * * *

"/5) THE CHIEF OF NAVAL PERSONNEL WILL EITHER ISSUE ORDERS TO INACTIVE DUTY TRAINING IN AN ATTACHED OR ASSOCIATE PAY STATUS USING FORM NAVPERS 998 (REVISED JUNE 1955) OR DISAPPROVE THE REQUEST.

"/6) ENTITLEMENT TO PAYMENT FOR DRILLS ATTENDED WILL COMMENCE ON THE EFFECTIVE DATE ESTABLISHED IN THE ORDERS. NORMALLY THE EFFECTIVE DATE WILL CORRESPOND TO THE DATE THE OFFICER CONCERNED EXECUTES THE FIRST ENDORSEMENT ON THE PROVISIONAL PAY ORDERS. * * *"

THE ABOVE REGULATIONS APPEAR TO CONTEMPLATE THE ISSUANCE BY THE UNIT COMMANDING OFFICER OF PROVISIONAL PAY ORDERS TO AN OFFICER AWAITING FINAL ACTION BY THE CHIEF OF NAVAL PERSONNEL ON A REQUEST FOR ASSIGNMENT TO A PAY STATUS. SUCH PROVISIONAL PAY ORDERS ARE TO BE EFFECTIVE FOR PAY PURPOSES ON THE DATE OF ENDORSEMENT BY THE OFFICER INDICATING HIS ACCEPTANCE OF SUCH ORDERS, PROVIDED THE CHIEF OF PERSONNEL APPROVES THE REQUEST AND ISSUES APPROPRIATE ORDERS. HOWEVER, THE EFFECTIVE DATE SPECIFIED IN THE ORDERS ISSUED BY THE CHIEF OF NAVAL PERSONNEL MAY NOT BE RETROACTIVE UNLESS IT IS BASED ON PROPER PROVISIONAL PAY ORDERS ISSUED AS PROVIDED BY THE REGULATIONS. AS STATED ABOVE, NO SUCH ORDERS HAVE BEEN FURNISHED. THE ONLY ORDERS THAT HAVE BEEN FURNISHED FOR OUR CONSIDERATION ARE THE ORDERS OF OCTOBER 11, 1956, WHICH WERE ISSUED SUBSEQUENT TO THE DRILL PERIODS INVOLVED IN YOUR CLAIM. SUCH ORDERS, STANDING ALONE, WITHOUT THE PRIOR ISSUANCE OF PROPER PROVISIONAL PAY ORDERS BY YOUR UNIT COMMANDING OFFICER AND ENDORSEMENT BY YOU, MAY NOT BE GIVEN RETROACTIVE EFFECT TO JULY 3, 1956, FOR DRILL PAY PURPOSES. MOREOVER, THE COMMUNICATION OF JULY 27, 1956, MAY NOT BE ACCEPTED AS CONSTITUTING THE PROPER ADVANCE AUTHORIZATION FOR A DRILL PAY STATUS CONTEMPLATED BY BUPERS INSTRUCTION 1300.3B.

SINCE THE RECORD BEFORE US DOES NOT CONTAIN PROPER ADVANCE AUTHORIZATION IN THE FORM OF PROVISIONAL PAY ORDERS ENDORSED BY YOU, AND ISSUED FOR THE PERIOD INVOLVED IN YOUR CLAIM AND SINCE THE ORDERS OF OCTOBER 11, 1956, THE ONLY ONES FURNISHED IN SUPPORT OF YOUR CLAIM, IN THEMSELVES, MAY NOT BE GIVEN RETROACTIVE EFFECT FOR PAY PURPOSES, THERE IS NO AUTHORITY, ON THE PRESENT RECORD, FOR THE PAYMENT TO YOU FOR ANY DRILLS YOU MAY HAVE PERFORMED DURING THE PERIOD JULY 3 TO SEPTEMBER 30, 1956. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 12, 1959, IS SUSTAINED.