B-147691, JAN. 31, 1962

B-147691: Jan 31, 1962

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

RICHARD LEWIS BUTCHER: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10. OUR FILE SHOWS THAT YOU WERE SELECTED FOR A 60-DAY TOUR OF TEMPORARY ACTIVE DUTY AND THAT HEADQUARTERS. IF YOU WERE FOUND PHYSICALLY QUALIFIED FOR DUTY BY THE U.S. YOU WOULD BE PROCESSED FOR RELEASE FROM TEMPORARY ACTIVE DUTY AND YOU WOULD RETURN IMMEDIATELY TO THE POINT TO WHICH THE ORDERS WERE ADDRESSED. TO RETURN IMMEDIATELY TO THE POINT TO WHICH YOUR BASIC ORDERS WERE ADDRESSED (YOUR HOME IN WHITEWATER. THAT ON THAT DATE YOU WERE FOUND PHYSICALLY QUALIFIED FOR RELEASE TO INACTIVE DUTY IN THE U.S. WERE DETACHED AUGUST 21. FOR A PHYSICAL EXAMINATION AT LEAST ONE WEEK IN ADVANCE OF YOUR RELEASE AND THAT YOU HAD BEEN INFORMED IN RESPONSE TO YOUR EARLIER REQUEST FOR RELEASE FROM YOUR OBLIGATION THAT YOU WERE REQUIRED TO COMPLETE A FULL 60 DAYS OF ACTIVE DUTY.

B-147691, JAN. 31, 1962

TO MR. RICHARD LEWIS BUTCHER:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 10, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED NOVEMBER 6, 1961, OF OUR CLAIMS DIVISION WHICH DISALLOWED YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD AUGUST 19 TO 21, 1960, AS A RADIOMAN, SECOND CLASS, UNITED STATES NAVAL RESERVE, CLASS (R).

OUR FILE SHOWS THAT YOU WERE SELECTED FOR A 60-DAY TOUR OF TEMPORARY ACTIVE DUTY AND THAT HEADQUARTERS, NINTH NAVAL DISTRICT, GREAT LAKES, ILLINOIS, ISSUED ORDERS DIRECTING, IF YOU WERE FOUND PHYSICALLY QUALIFIED FOR DUTY BY THE U.S. NAVY RECRUITING STATION, CHICAGO, ILLINOIS, THAT YOU INITIALLY REPORT TO THE U.S. NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, ROCKFORD, ILLINOIS, FOR 60 DAYS' TEMPORARY ACTIVE DUTY AT THE U.S. NAVAL RESERVE ELECTRONIC FACILITY, JANESVILLE, WISCONSIN. THE ORDERS PROVIDED THAT UPON COMPLETION OF SUCH TRAINING DUTY, YOU WOULD BE PROCESSED FOR RELEASE FROM TEMPORARY ACTIVE DUTY AND YOU WOULD RETURN IMMEDIATELY TO THE POINT TO WHICH THE ORDERS WERE ADDRESSED, WHITEWATER, WISCONSIN.

THE U.S. NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, ROCKFORD, BY A SECOND ENDORSEMENT OF AUGUST 17, 1960, TO THE ABOVE ORDERS, DETACHED YOU FROM TEMPORARY ACTIVE DUTY ON AUGUST 17, 1960, AND DIRECTED YOU TO PROCEED TO THE U.S. NAVY RECRUITING STATION, CHICAGO, FOR A PHYSICAL EXAMINATION ON AUGUST 18, 1960, PRELIMINARY TO YOUR RELEASE FROM TEMPORARY ACTIVE DUTY. THAT SECOND ENDORSEMENT FURTHER DIRECTED YOU, UPON COMPLETION OF THE PHYSICAL EXAMINATION, IF FOUND PHYSICALLY QUALIFIED FOR RELEASE TO INACTIVE DUTY, AND WHEN DIRECTED BY THE OFFICER IN CHARGE AT THE RECRUITING STATION, TO RETURN IMMEDIATELY TO THE POINT TO WHICH YOUR BASIC ORDERS WERE ADDRESSED (YOUR HOME IN WHITEWATER, WISCONSIN). THE SECOND ENDORSEMENT PROVIDED IN ADDITION THAT UPON ARRIVAL AT YOUR HOME ADDRESS YOU WOULD REGARD YOURSELF RELEASED FROM ALL TEMPORARY ACTIVE DUTY AND YOU WOULD BE TRANSFERRED TO INACTIVE DUTY IN THE U.S. NAVAL RESERVE, CLASS (R).

YOUR SERVICE RECORD SHOWS THAT YOU REPORTED TO THE U.S. NAVY RECRUITING STATION, CHICAGO, ON AUGUST 18, 1960, AND THAT ON THAT DATE YOU WERE FOUND PHYSICALLY QUALIFIED FOR RELEASE TO INACTIVE DUTY IN THE U.S. NAVAL RESERVE, CLASS (R), AND TRANSFERRED TO THE U.S. NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, ROCKFORD. IT FURTHER SHOWS THAT YOU REPORTED TO THAT TRAINING CENTER ON AUGUST 18, 1960, AND WERE DETACHED AUGUST 21, 1960. A COPY OF YOUR MILITARY PAY RECORD REVEALS THAT YOU RECEIVED PAY AND ALLOWANCES FOR THE PERIOD JUNE 23 TO AUGUST 18, 1960.

IN YOUR CLAIM YOU ADVISED THAT AN ENTRY IN YOUR RECORD PREPARED BY THE U.S. NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, ROCKFORD, "PRESCRIBED" RELEASE TO INACTIVE DUTY ON AUGUST 21, 1960, AND THAT YOU REPORTED TO GREAT LAKES ON AUGUST 21, 1960, FOR RELEASE. YOU ADVISED ALSO THAT THE DISBURSING OFFICE AT GREAT LAKES CHANGED THE RELEASE DATE TO AUGUST 18, 1960, AND COMPUTED YOUR PAY AND ALLOWANCES THROUGH THAT DATE. ALSO, YOU SAY IN YOUR LETTER OF NOVEMBER 10, 1961, THAT YOU HAD TO APPEAR AT THE U.S. NAVY RECRUITING STATION, CHICAGO, FOR A PHYSICAL EXAMINATION AT LEAST ONE WEEK IN ADVANCE OF YOUR RELEASE AND THAT YOU HAD BEEN INFORMED IN RESPONSE TO YOUR EARLIER REQUEST FOR RELEASE FROM YOUR OBLIGATION THAT YOU WERE REQUIRED TO COMPLETE A FULL 60 DAYS OF ACTIVE DUTY.

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 69 STAT. 19, 37 U.S.C. 232 (D), PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"ALL MEMBERS OF THE UNIFORMED SERVICES WHEN ON THE ACTIVE LIST, WHEN ON ACTIVE DUTY, OR WHEN PARTICIPATING IN FULL-TIME TRAINING, TRAINING DUTY WITH PAY OR OTHER FULL-TIME DUTY * * * SHALL BE ENTITLED TO RECEIVE THE BASIC PAY OF THE PAY GRADE TO WHICH ASSIGNED, * * *.'

CHANGE 106, AUGUST 12, 1960, TO SECTION IV, NAVY COMPTROLLER MANUAL, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"044735 NAVY AND MARINE CORPS RESERVISTS.

"1. GENERAL. MEMBERS OF THE NAVAL AND MARINE CORPS RESERVE ON TRAINING DUTY WITH PAY ARE ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES. PAY STATUS BEGINS ON THE DATE THAT A MEMBER OFFICIALLY AND NECESSARILY COMPLIES WITH THE ORDER CALLING HIM TO ACTIVE DUTY FOR TRAINING AND EXTENDS TO AND INCLUDES THE DATE HE IS RELIEVED FROM ACTIVE DUTY FOR TRAINING. * * *"

"4D. DETACHMENT PRIOR TO EXPIRATION OF TRAINING DUTY PERIOD.

A MEMBER OF THE NAVAL OR MARINE CORPS RESERVE WHO IS DETACHED FROM TRAINING DUTY PRIOR TO THE DATE OF EXPIRATION OF TRAINING DUTY SPECIFIED IN THE ORDERS WILL BE CREDITED WITH PAY AND ALLOWANCES ONLY TO AND INCLUDING THE ACTUAL DATE OF DETACHMENT FROM TRAINING DUTY PLUS TIME REQUIRED TO TRAVEL FROM THE PLACE OF DETACHMENT TO THE PLACE FROM WHICH ORDERED TO TRAINING DUTY.'

IT IS CLEAR THAT UNDER THE LAW AND IMPLEMENTING REGULATIONS A RESERVIST WHO PARTICIPATES IN TRAINING DUTY IS ENTITLED TO PAY AND ALLOWANCES WHILE HE IS ON TRAINING DUTY, PLUS TRAVEL TIME TO THE PLACE FROM WHICH HE WAS ORDERED TO TRAINING DUTY, AND THAT SUCH PAY STATUS TERMINATES ON THE DATE HE IS RELIEVED FROM TRAINING DUTY EVEN IF SUCH DATE BE EARLIER THAN THAT STIPULATED IN HIS ORDERS.

SINCE THE U.S. NAVAL AND MARINE CORPS RESERVE TRAINING CENTER, ROCKFORD, BY THE SECOND ENDORSEMENT OF AUGUST 17, 1960, TO YOUR BASIC ORDERS, DIRECTED YOU TO REPORT AT THE U.S. NAVY RECRUITING STATION, CHICAGO, ON AUGUST 18, 1960, FOR A PHYSICAL EXAMINATION AND TO RETURN IMMEDIATELY TO YOUR HOME UPON COMPLETION OF SUCH EXAMINATION IN ORDER TO BE RELEASED FROM ALL TEMPORARY ACTIVE DUTY, YOUR PAY STATUS TERMINATED ON AUGUST 18, 1960, THE DATE YOU WERE FOUND PHYSICALLY QUALIFIED FOR RELEASE AND YOU BECAME ENTITLED TO PAY AND ALLOWANCES THROUGH THAT DATE PLUS THE TIME NECESSARY FOR TRAVEL TO WHITEWATER, WISCONSIN. ALSO, SINCE PURSUANT TO SUCH ENDORSEMENT YOU WERE PROCESSED FOR RELEASE BY THE U.S. NAVY RECRUITING STATION, CHICAGO, THERE APPEARS TO HAVE BEEN NO OFFICIAL NECESSITY FOR YOUR REPORTING TO GREAT LAKES ON AUGUST 21, 1960, FOR RELEASE. A REPORT DATED APRIL 27, 1961, FROM THE U.S. NAVY ACCOUNTS DISBURSING OFFICE, GREAT LAKES, SHOWS THAT THE U.S. NAVY RECRUITING STATION, CHICAGO, PERFORMED THE PHYSICAL EXAMINATION AND DETACHED YOU ON AUGUST 18, 1960, THAT YOU COULD HAVE COMPLETED TRAVEL TO YOUR HOME ON THAT DAY, AND THAT YOU WERE NOT ORDERED TO REPORT TO GREAT LAKES AS PART OF THE RELEASE PROCESSING.

INASMUCH AS YOU WERE COMPLETELY AND EFFECTIVELY RELEASED FROM YOUR TRAINING DUTY ON AUGUST 18, 1960, AND FOR ALL PURPOSES WERE TRANSFERRED TO INACTIVE DUTY IN THE UNITED STATES NAVAL RESERVE ON THAT DATE IN COMPLIANCE WITH YOUR ORDERS, THE NOTATION BY THE U.S. NAVAL AND MARINE CORPS TRAINING CENTER, ROCKFORD, IN YOUR SERVICE RECORD THAT YOU REPORTED ON AUGUST 18, 1960, AND WERE DETACHED ON AUGUST 21, 1960, DOES NOT ENTITLE YOU TO PAY AND ALLOWANCES FOR THE PERIOD SUBSEQUENT TO AUGUST 18, 1960.

ACCORDINGLY, THE SETTLEMENT DATED NOVEMBER 6, 1961, OF OUR CLAIMS DIVISION, IS CORRECT AND IS SUSTAINED.