B-30083, NOVEMBER 14, 1942, 22 COMP. GEN. 470

B-30083: Nov 14, 1942

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OFFICERS AND EMPLOYEES - PAYMENT FOR CIVILIAN LEAVE DURING MILITARY SERVICE - ADMINISTRATIVE PROMOTIONS EFFECTIVE AFTER ENTRANCE ON MILITARY DUTY A CIVILIAN EMPLOYEE ON ACTIVE MILITARY DUTY WHO WAS PROPERLY GIVEN AN ADMINISTRATIVE PROMOTION EFFECTIVE ON A DATE WITHIN THE PERIOD FOR WHICH HE WAS BEING PAID. IS ENTITLED TO BE PAID AT THE INCREASED SALARY RATE DURING SUCH PERIOD OF ANNUAL LEAVE FROM THE EFFECTIVE DATE OF THE PROMOTION. THE EMPLOYEE IN QUESTION WAS RECOMMENDED FOR PROMOTION ON MAY 30. THE RECOMMENDATION WAS APPROVED WITH EFFECTIVE DATE AUGUST 16. THE EMPLOYEE WAS A RESERVE OFFICER. WAS ORDERED TO AND ENTERED ON ACTIVE DUTY JULY 20. DOUBT IS ENTERTAINED AS TO WHETHER THE EMPLOYEE IS ENTITLED TO THE INCREASE IN PAY RESULTING FROM A CHANGE OF STATUS INITIATED PRIOR TO ENTRANCE ON MILITARY DUTY.

B-30083, NOVEMBER 14, 1942, 22 COMP. GEN. 470

OFFICERS AND EMPLOYEES - PAYMENT FOR CIVILIAN LEAVE DURING MILITARY SERVICE - ADMINISTRATIVE PROMOTIONS EFFECTIVE AFTER ENTRANCE ON MILITARY DUTY A CIVILIAN EMPLOYEE ON ACTIVE MILITARY DUTY WHO WAS PROPERLY GIVEN AN ADMINISTRATIVE PROMOTION EFFECTIVE ON A DATE WITHIN THE PERIOD FOR WHICH HE WAS BEING PAID, CONCURRENTLY WITH MILITARY PAY, CIVILIAN COMPENSATION FOR ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE GRANTED PURSUANT TO THE ACT OF AUGUST 1, 1941, AS AMENDED, IS ENTITLED TO BE PAID AT THE INCREASED SALARY RATE DURING SUCH PERIOD OF ANNUAL LEAVE FROM THE EFFECTIVE DATE OF THE PROMOTION.

ACTING COMPTROLLER GENERAL ELLIOTT TO COL. RAY H. LARKINS, U.S. ARMY, NOVEMBER 14, 1942:

BY FIRST ENDORSEMENT DATED OCTOBER 29, 1942, THE CHIEF OF FINANCE, WAR DEPARTMENT, FORWARDED TO THIS OFFICE FOR CONSIDERATION YOUR LETTER OF OCTOBER 15, 1942, READING AS FOLLOWS:

1. THE ENCLOSED VOUCHER IN THE AMOUNT OF $12.50 COVERING DIFFERENCE IN PAY BETWEEN $3200 AND $3500 PER ANNUM FOR THE PERIOD AUGUST 16, 1942 TO AUGUST 31, 1942, HAS BEEN SUBMITTED TO THE UNDERSIGNED DISBURSING OFFICER FOR PAYMENT.

2. THE EMPLOYEE IN QUESTION WAS RECOMMENDED FOR PROMOTION ON MAY 30, 1942. THE RECOMMENDATION WAS APPROVED WITH EFFECTIVE DATE AUGUST 16, 1942. THE EMPLOYEE WAS A RESERVE OFFICER, U.S. ARMY, AND WAS ORDERED TO AND ENTERED ON ACTIVE DUTY JULY 20, 1942. HE ELECTED TO RECEIVE PAY FOR ACCUMULATED LEAVE UNDER THE PROVISIONS OF PUBLIC LAW 202, 77TH CONGRESS, FOR THE PERIOD JULY 20, 1942 TO OCTOBER 27, 1942.

3. DOUBT IS ENTERTAINED AS TO WHETHER THE EMPLOYEE IS ENTITLED TO THE INCREASE IN PAY RESULTING FROM A CHANGE OF STATUS INITIATED PRIOR TO ENTRANCE ON MILITARY DUTY, BUT WHICH WAS EFFECTED SUBSEQUENT TO ENTRANCE ON DUTY, ALTHOUGH FALLING WITHIN THE PERIOD FOR WHICH PAYMENT FOR ACCUMULATED LEAVE WAS BEING RECEIVED.

4. AN ADVANCE DECISION IS REQUESTED.

THE PERIOD OF ANNUAL LEAVE FOR WHICH COMPENSATION IS PAYABLE CONCURRENTLY WITH ACTIVE MILITARY PAY UNDER THE ACT OF AUGUST 1, 1941, AS AMENDED BY THE ACT OF APRIL 7, 1942, 56 STAT. 200, PUBLIC LAW 517, WAS PROPERLY COMPUTED OVER THE PERIOD BEGINNING WITH JULY 20, 1942, WHICH IS UNDERSTOOD FROM YOUR LETTER TO HAVE BEEN THE DAY FOLLOWING THE LAST DAY OF ACTIVE CIVILIAN DUTY. SEE 21 COMP. GEN. 258. COMPENSATION FOR ANNUAL LEAVE IN THE CIVILIAN POSITION DURING THE PERIOD AN EMPLOYEE IS IN THE ACTIVE MILITARY SERVICE IS FOR COMPUTATION UPON THE SAME BASIS AS ANY OTHER PERIOD OF ANNUAL LEAVE, AND THAT BEING SO, THE EMPLOYEE IS ENTITLED TO THE BENEFIT OF ANY INCREASE IN CIVILIAN COMPENSATION PROPERLY GRANTED HIM EFFECTIVE DURING SUCH PERIOD OF LEAVE EITHER BY OPERATION OF LAW OR BY ADMINISTRATIVE ACTION--- I.E., UPON THE SAME BASIS AS IF THE EMPLOYEE HAD REMAINED UPON ACTIVE DUTY IN HIS CIVILIAN POSITION. 21 COMP. GEN. 1007. COMPARE 21 COMP. GEN. 310 INVOLVING A REDUCTION, AND THE DECISION OF SEPTEMBER 15, 1942, B-28464, 22 COMP. GEN. 229, INVOLVING THE CASE OF A POSTAL EMPLOYEE WHO WAS ADMINISTRATIVELY PROMOTED ON THE CIVILIAN ROLL AFTER THE PERIOD OF HIS LEAVE HAD EXPIRED.

ACCORDINGLY, IF THE VOUCHER, WHICH IS RETURNED HEREWITH, IS OTHERWISE CORRECT, PAYMENT THEREON IS AUTHORIZED.