B-1508, MARCH 7, 1939, 18 COMP. GEN. 699

B-1508: Mar 7, 1939

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WHO IS ALSO A NAVAL RESERVE OFFICER. IS AS FOLLOWS: MR. WHOSE COMPENSATION IS $6.00 PER DIEM. WHO IS ALSO AN ENSIGN IN THE UNITED STATES NAVAL RESERVE. IT IS UNDERSTOOD THAT HIS PAY WHILE ON SUCH DUTY WITH THE CIVILIAN CONSERVATION CORPS WILL BE APPROXIMATELY $250 PER MONTH. IT WAS FIRST PROPOSED TO GRANT MR. THIS ACTION HAS NOT BEEN EFFECTED AND IT WAS DEEMED NECESSARY THAT HE TENDER HIS RESIGNATION. DILLEY IN VIEW OF WHICH A DECISION IS REQUESTED AS TO WHETHER OR NOT HE MAY BE GRANTED THE LEAVE WITHOUT PAY DURING THIS PERIOD OF MILITARY TRAINING ORIGINALLY CONTEMPLATED. OR WHETHER HE WILL HAVE TO TENDER HIS RESIGNATION FROM HIS CIVILIAN POSITION WITH THIS DEPARTMENT. IT WAS STATED: HOWEVER.

B-1508, MARCH 7, 1939, 18 COMP. GEN. 699

CIVILIAN EMPLOYEE ALSO NAVAL RESERVE OFFICER ON ACTIVE DUTY WITH CIVILIAN CONSERVATION CORPS - RESIGNATION OR FURLOUGH WITHOUT PAY FROM CIVILIAN POSITION A CIVILIAN EMPLOYEE OF THE GOVERNMENT, WHO IS ALSO A NAVAL RESERVE OFFICER, ORDERED WITH HIS CONSENT TO 6 MONTHS ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS UNDER AUTHORITY OF THE APPLICABLE EXECUTIVE ORDER, NEED NOT BE REQUIRED TO RESIGN HIS CIVILIAN POSITION AND MAY BE ADMINISTRATIVELY FURLOUGHED WITHOUT PAY FOR THE DURATION OF SUCH DELAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, MARCH 7, 1939:

YOUR LETTER OF FEBRUARY 11, 1939, IS AS FOLLOWS:

MR. LUTHER L. L. DILLEY, AN EMPLOYEE OF THE LIGHTHOUSE SERVICE OF THIS DEPARTMENT, WHOSE COMPENSATION IS $6.00 PER DIEM, AND WHO IS ALSO AN ENSIGN IN THE UNITED STATES NAVAL RESERVE, HAS BEEN ORDERED, WITH HIS CONSENT, TO ACTIVE DUTY AND DETAIL WITH THE CIVILIAN CONSERVATION CORPS EFFECTIVE JANUARY 1, 1939, FOR ABOUT SIX MONTHS, UNDER AUTHORITY CONTAINED IN EXECUTIVE ORDER NO. 7677-A, DATED JULY 26, 1937, EFFECTIVE JULY 1, 1937. IT IS UNDERSTOOD THAT HIS PAY WHILE ON SUCH DUTY WITH THE CIVILIAN CONSERVATION CORPS WILL BE APPROXIMATELY $250 PER MONTH.

IT WAS FIRST PROPOSED TO GRANT MR. DILLEY LEAVE WITHOUT PAY FROM HIS CIVILIAN POSITION IN THIS DEPARTMENT, BUT IN VIEW OF THE DECISION OF THE ACTING COMPTROLLER GENERAL DATED DECEMBER 8, 1938, A-98969, THIS ACTION HAS NOT BEEN EFFECTED AND IT WAS DEEMED NECESSARY THAT HE TENDER HIS RESIGNATION. HOWEVER, THE ATTACHED LETTER DATED JANUARY 18, 1939, HAS BEEN RECEIVED FROM MR. DILLEY IN VIEW OF WHICH A DECISION IS REQUESTED AS TO WHETHER OR NOT HE MAY BE GRANTED THE LEAVE WITHOUT PAY DURING THIS PERIOD OF MILITARY TRAINING ORIGINALLY CONTEMPLATED, OR WHETHER HE WILL HAVE TO TENDER HIS RESIGNATION FROM HIS CIVILIAN POSITION WITH THIS DEPARTMENT, EFFECTIVE AT THE CLOSE OF DECEMBER 31, 1938, HE HAVING ENTERED ON DUTY IN THE CIVILIAN CONSERVATION CORPS AS ABOVE STATED ON JANUARY 1, 1939.

IN DECISION OF JULY 28, 1938, 18 COMP. GEN. 94, 96, IT WAS STATED:

HOWEVER, AS THE ACT ESTABLISHING THE CIVILIAN CONSERVATION CORPS AUTHORIZES THE PRESIDENT TO ORDER RESERVE OFFICERS TO ACTIVE DUTY WITH THE CORPS, INCLUDING CIVILIAN OFFICERS AND EMPLOYEES, AND ALSO AUTHORIZES THE PRESIDENT TO UTILIZE THE SERVICES OF SUCH DEPARTMENTS OR AGENCIES OF THE GOVERNMENT AS HE MAY DEEM NECESSARY TO CARRY OUT THE PURPOSES OF THE ACT (SEE SECS. 12 AND 13), IT IS REASONABLE TO CONCLUDE THAT A CIVILIAN EMPLOYEE MAY, WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE CONCERNED, BE FURLOUGHED WITHOUT PAY FROM HIS CIVILIAN POSITION DURING THE PERIOD HE IS ON ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS AS A MEMBER OF THE OFFICER'S RESERVE CORPS OF THE ARMY. * * *

THE AUTHORITY OF THE PRESIDENT TO ORDER OFFICERS OF THE NAVAL RESERVE TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS IS UNDER THE SAME STATUTE THAT AUTHORIZES THE ORDERING OF RESERVE OFFICERS OF THE ARMY TO ACTIVE DUTY WITH THE CIVILIAN CONSERVATION CORPS, THAT IS, THE ACT OF JUNE 28, 1937, 50 STAT. 320, ESTABLISHING THE CIVILIAN CONSERVATION CORPS, SECTION 6 OF WHICH PROVIDES AS FOLLOWS:

THE PRESIDENT MAY ORDER RESERVE OFFICERS OF THE ARMY AND OFFICERS OF THE NAVAL AND MARINE RESERVES AND WARRANT OFFICERS OF THE COAST GUARD TO ACTIVE DUTY WITH THE CORPS UNDER THE PROVISIONS OF SECTION 37A OF THE NATIONAL DEFENSE ACT AND THE ACT OF FEBRUARY 28, 1925, RESPECTIVELY.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, MENTIONED IN THE QUOTED STATUTE HAS BEEN REPEALED AND SUPERSEDED BY THE NAVAL RESERVE ACT OF 1938, APPROVED JUNE 25, 1938, PUBLIC, NO. 52 STAT. 1175.

UPON THE BASIS OF THE FOREGOING I HAVE TO ADVISE THAT IT IS WITHIN YOUR ADMINISTRATIVE DISCRETION TO GRANT MR. DILLEY LEAVE WITHOUT PAY DURING THE PERIOD HE IS ON DUTY AS AN OFFICER OF THE NAVAL RESERVE WITH THE CIVILIAN CONSERVATION CORPS AND THAT IT IS UNNECESSARY FOR HIM TO TENDER HIS RESIGNATION EFFECTIVE DECEMBER 31, 1938. THERE IS NOTHING TO THE CONTRARY IN THE DECISION OF DECEMBER 8, 1938, A-98969, 18 COMP. GEN. 526, CITED BY YOU.