B-157569, OCT. 22, 1965

B-157569: Oct 22, 1965

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PETE LAIR: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16. YOU WERE GRANTED LEAVE TO PROCEED TO YOUR HOME AND AWAIT FURTHER ORDERS. YOU HAVE FURNISHED ORDERS ADDRESSED TO YOU UNDER DATE OF FEBRUARY 2. HAVE INDICATED THAT YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCE FOR THE PERIOD IN QUESTION IS GROUNDED ON THE BELIEF THAT SUCH ORDERS PLACED YOU ON ACTIVE DUTY. NAVAL SERVICE IN THE RATING INDICATED ABOVE YOU ARE THEREFORE SUBJECT TO MILITARY DISCIPLINE AT ALL TIMES. "2. YOU ARE HEREBY GRANTED LEAVE TO PROCEED TO YOUR HOME AND AWAIT FURTHER ORDERS.'. IT WAS FURTHER PROVIDED IN THE DISPATCH THAT IF METHOD (C) WAS USED. MILITARY NECESSITY BECAUSE OF LACK OF SPACE AT TRAINING STATIONS AND IT IS MORE ECONOMICAL TO THE GOVERNMENT THAN TO RETAIN THEM AT POINT OF ENLISTMENT.'.

B-157569, OCT. 22, 1965

TO MR. PETE LAIR:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 16, 1965, REQUESTING REVIEW OF SETTLEMENT OF AUGUST 26, 1947, WHICH DISALLOWED YOUR CLAIM FOR ARREARS OF PAY AND ALLOWANCES WHICH YOU BELIEVE DUE YOU FROM FEBRUARY 2, 1942, THROUGH MAY 3, 1942, INCIDENT TO YOUR SERVICE AS CHIEF CARPENTER'S MATE (AA), UNITED STATES NAVAL RESERVE.

THE RECORDS SHOW THAT WHEN YOU ENLISTED IN THE UNITED STATES NAVAL RESERVE ON FEBRUARY 2, 1942, YOU WERE GRANTED LEAVE TO PROCEED TO YOUR HOME AND AWAIT FURTHER ORDERS, AND THAT PAYMENT OF ACTIVE DUTY PAY AND ALLOWANCES TO YOU DID NOT BEGIN UNTIL MAY 4, 1942, WHEN YOU REPORTED FOR DUTY AT A NAVAL TRAINING STATION. YOU HAVE FURNISHED ORDERS ADDRESSED TO YOU UNDER DATE OF FEBRUARY 2, 1942, AND HAVE INDICATED THAT YOUR CLAIM FOR ACTIVE DUTY PAY AND ALLOWANCE FOR THE PERIOD IN QUESTION IS GROUNDED ON THE BELIEF THAT SUCH ORDERS PLACED YOU ON ACTIVE DUTY. THESE ORDERS CONTAIN A REFERENCE TO "/A) BUNAV DESPATCH 240713 OF DEC., 1941," AND READ, IN PERTINENT PART, AS FOLLOWS:

"1. HAVING THIS DATE ENLISTED IN THE U.S. NAVAL SERVICE IN THE RATING INDICATED ABOVE YOU ARE THEREFORE SUBJECT TO MILITARY DISCIPLINE AT ALL TIMES.

"2. IN ACCORDANCE WITH REFERENCE (A), YOU ARE HEREBY GRANTED LEAVE TO PROCEED TO YOUR HOME AND AWAIT FURTHER ORDERS.'

BUNAV DISPATCH 240713 OF DECEMBER 24, 1941, PROVIDED THAT, ON AND AFTER DECEMBER 26, 1941, WHEN IT BECAME NECESSARY TO HOLD RECRUITS AT POINT OF ENLISTMENT, THEY MIGHT BE (A) QUARTERED AND SUBSISTED AT GOVERNMENT EXPENSE AT POINT OF ENLISTMENT; (B) GRANTED LEAVE TO RETURN TO THEIR HOMES TO AWAIT FURTHER CALL, OR (C) ORDERED TO THEIR HOMES WITH TRANSPORTATION AND SUBSISTENCE FURNISHED BOTH WAYS BUT NO LODGING OR SUBSISTENCE FURNISHED WHILE AT HOME. IT WAS FURTHER PROVIDED IN THE DISPATCH THAT IF METHOD (C) WAS USED, THE ORDERS MUST INCLUDE THE PHRASE: ,MILITARY NECESSITY BECAUSE OF LACK OF SPACE AT TRAINING STATIONS AND IT IS MORE ECONOMICAL TO THE GOVERNMENT THAN TO RETAIN THEM AT POINT OF ENLISTMENT.'

IN VIEW OF THE UNUSUAL CIRCUMSTANCES APPERTAINING TO NAVY RESERVISTS ENLISTED DURING THE FIRST FEW WEEKS OF THE SECOND WORLD WAR WITH THE UNDERSTANDING THAT THEY WERE IMMEDIATELY PLACED AND RETAINED ON ACTIVE DUTY IN ACCORDANCE WITH THE PROVISIONS OF BUNAV DISPATCH 240713, WE HAVE RECOGNIZED THAT MEN SO ENLISTED WHO, FOR THE CONVENIENCE OF THE GOVERNMENT, WERE ORDERED TO THEIR HOMES PRIOR TO FEBRUARY 18, 1942, TO AWAIT FURTHER ORDERS, MIGHT BE PAID ACTIVE DUTY PAY TO WHICH THEY OTHERWISE WERE ENTITLED FOR THE PERIOD BEGINNING WITH THE DATE OF ENLISTMENT AND EXTENDING THROUGH THE DAY IMMEDIATELY PRECEDING THE DATE THEY SUBSEQUENTLY REPORTED FOR DUTY AT A DESIGNATED NAVAL STATION. HOWEVER, WE CONSIDER THAT THE PROVISION IN BUNAV DISPATCH 240713 THAT SUCH RESERVISTS SHALL HAVE "NO LODGING OR SUBSISTENCE FURNISHED WHILE AT HOME," PRECLUDES THE ALLOWANCE TO THOSE RESERVISTS OF ANYTHING BUT ACTIVE DUTY PAY.

ON SUCH BASIS, A SETTLEMENT WILL BE STATED IN YOUR FAVOR IN DUE COURSE FOR THE AMOUNT PROPERLY ALLOWABLE TO YOU AS ACTIVE DUTY PAY FOR THE PERIOD FEBRUARY 2, 1942, THROUGH MAY 3, 1942.