B-53275, NOVEMBER 14, 1945, 25 COMP. GEN. 402

B-53275: Nov 14, 1945

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ONLY A PRO RATA LEAVE CREDIT IS ALLOWED FOR THE TIME SERVED IN THE FISCAL YEAR IN WHICH THE OFFICER FIRST ENTERS THE SERVICE. A NAVAL RESERVE OFFICER WHO WAS GRANTED LEAVE UPON ACCEPTANCE OF HIS COMMISSION IMMEDIATELY FOLLOWING HIS DISCHARGE AS AN ENLISTED MAN IS NOT ENTITLED TO FULL PAY AND ALLOWANCES UNDER SECTION 1265. GEN. 482) TO THE CONTRARY NO LONGER WILL BE FOLLOWED. 1945: I HAVE YOUR LETTER OF OCTOBER 19. AT WHICH TIME HE WAS A STUDENT AT RENSSELAER POLYTECHNIC INSTITUTE. HIS CLASSIFICATION WAS CHANGED TO APPRENTICE SEAMAN. HE WAS GRANTED LEAVE IN AN ENLISTED STATUS FROM 1000 23 FEBRUARY TO 1000 29 FEBRUARY 1944. FOLLOWING GRADUATION HE WAS DISCHARGED ON 20 APRIL 1945 AND ACCEPTED A COMMISSION AS ENSIGN (D) L USNR ON 21 APRIL 1945. 2.

B-53275, NOVEMBER 14, 1945, 25 COMP. GEN. 402

LEAVES OF ABSENCE - MILITARY - EXCESS LEAVE GRANTED NAVAL RESERVE OFFICERS LEAVE OF ABSENCE GRANTED A NAVAL RESERVE OFFICER ON ACTIVE DUTY AS A COMMISSIONED OFFICER IMMEDIATELY FOLLOWING HIS DISCHARGE AS AN ENLISTED MAN MAY NOT BE CONSIDERED AS HAVING BEEN GRANTED TO HIM ON ACCOUNT OF HIS PRIOR SERVICE AS AN ENLISTED MAN, SO AS TO ENTITLE HIM TO FULL PAY AND ALLOWANCES AS A COMMISSIONED OFFICER FOR ANY LEAVE IN EXCESS OF THAT PERMITTED UNDER SECTION 1265, REVISED STATUTES, FOR COMMISSIONED OFFICERS. INASMUCH AS THE FISCAL YEAR HAS BEEN REGARDED AS THE LEAVE YEAR OF OFFICERS OF THE MILITARY AND NAVAL SERVICE, AND, IN DETERMINING AN OFFICER'S LEAVE CREDIT, ONLY A PRO RATA LEAVE CREDIT IS ALLOWED FOR THE TIME SERVED IN THE FISCAL YEAR IN WHICH THE OFFICER FIRST ENTERS THE SERVICE, A NAVAL RESERVE OFFICER WHO WAS GRANTED LEAVE UPON ACCEPTANCE OF HIS COMMISSION IMMEDIATELY FOLLOWING HIS DISCHARGE AS AN ENLISTED MAN IS NOT ENTITLED TO FULL PAY AND ALLOWANCES UNDER SECTION 1265, REVISED STATUTES, FOR THE PERIOD COVERED BY ANY LEAVE GRANTED IN EXCESS OF HIS PRO RATA LEAVE CREDIT AS AN OFFICER. EXCESS LEAVE OF ABSENCE GRANTED A NAVAL RESERVE OFFICER FOR THE PURPOSE OF AFFORDING HIM A BRIEF PERIOD OF REST AND RELAXATION UPON ACCEPTANCE OF HIS COMMISSION IMMEDIATELY FOLLOWING HIS DISCHARGE AS AN ENLISTED MAN AND PRIOR TO HIS REPORTING TO A NEW STATION MAY NOT BE CONSIDERED AS GRANTED OR TAKEN TO PERMIT THE OFFICER "TO ENGAGE IN A SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES" WITHIN THE MEANING OF THE ACT OF FEBRUARY 11, 1925, SO AS TO REQUIRE THE FORFEITURE OF THE HALF PAY AUTHORIZED UNDER SECTION 1265, REVISED STATUTES, DURING SUCH PERIOD. DECISIONS (E.G., 8 COMP. GEN. 482) TO THE CONTRARY NO LONGER WILL BE FOLLOWED.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, NOVEMBER 14, 1945:

I HAVE YOUR LETTER OF OCTOBER 19, 1945, REQUESTING DECISION AS TO THE CORRECT PAY STATUS OF ENSIGN JOHN WILLIAM MANTICA, USNR, DURING THE PERIOD APRIL 21, TO MAY 18, 1945, UNDER THE CIRCUMSTANCES STATED IN AN ENCLOSURE DATED JULY 24, 1945, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS:

REF. (A) DECISION OF COMPTROLLER GENERAL A-37354, DATED 3 AUGUST 1931.

1. THE SUBJECT NAMED OFFICER ENLISTED AS APPRENTICE SEAMAN, V-1 ( NROTC) USNR, ON 25 FEBRUARY 1943, AT WHICH TIME HE WAS A STUDENT AT RENSSELAER POLYTECHNIC INSTITUTE, TROY, NEW YORK. HIS CLASSIFICATION WAS CHANGED TO APPRENTICE SEAMAN, V-12, USNR, ON 1 JULY 1943 AND ON THAT DATE HE REPORTED TO THE PROFESSOR, NAVAL SCIENCE AND TACTICS, RENSSELAER POLYTECHNIC INSTITUTE, FOR ACTIVE DUTY. HE WAS GRANTED LEAVE IN AN ENLISTED STATUS FROM 1000 23 FEBRUARY TO 1000 29 FEBRUARY 1944. FOLLOWING GRADUATION HE WAS DISCHARGED ON 20 APRIL 1945 AND ACCEPTED A COMMISSION AS ENSIGN (D) L USNR ON 21 APRIL 1945.

2. BUREAU OF NAVAL PERSONNEL ORDERS OF APRIL 1945 DIRECTED ENSIGN MANTICA, UPON ACCEPTANCE OF APPOINTMENT, TO IMMEDIATELY REPORT TO HIS COMMANDING OFFICER FOR TEMPORARY DUTY, WHEN DIRECTED BY THAT OFFICER TO REGARD HIMSELF DETACHED, AND TO PROCEED AND REPORT TO THE COMMANDANT, NAVY YARD, WASHINGTON, D.C., FOR TEMPORARY DUTY. SUCH ORDERS ALSO STATED THAT HE WAS AUTHORIZED TO DELAY UNTIL 18 MAY 1945 IN REPORTING, SUCH DELAY TO COUNT AS LEAVE. ENSIGN MANTICA WAS NOT ENTITLED TO PROCEED TIME IN REPORTING TO INITIAL TEMPORARY DUTY STATION OR IN REPORTING TO HIS NEXT TEMPORARY DUTY STATION AND, THEREFORE, THE ENTIRE PERIOD FROM 21 APRIL TO 18 MAY 1945, EXCLUSIVE OF TRAVEL TIME, IS CONSIDERED AS LEAVE.

3.THE GENERAL RULE WITH RESPECT TO ACCRUAL OF LEAVE ON THE PART OF OFFICERS OF THE NAVAL RESERVE ON ACTIVE DUTY IS THAT SUCH OFFICER IS ENTITLED TO PRO-RATA CREDIT FOR LEAVE OF ABSENCE FOR THE TIME SERVED IN THE YEAR HE FIRST REPORTED FOR ACTIVE DUTY, THAT THEREAFTER HIS LEAVE YEAR COMMENCES ON 1 JULY AND THAT HE IS ENTITLED TO FULL CREDIT FOR THE SUCCEEDING YEAR, INCLUDING THE YEAR HE IS RELEASED FROM ACTIVE DUTY ( DECISION OF COMPTROLLER GENERAL ( COMPTROLLER OF THE TREASURY) DECEMBER 13, 1911). ON THIS BASIS, ENSIGN MANTICA WOULD HAVE EARNED APPROXIMATELY SEVEN DAYS LEAVE FROM 21 APRIL TO 30 JUNE 1945.

4. IT IS REQUESTED THAT NECESSARY ACTION BE TAKEN TO SECURE A DETERMINATION AS TO THE PERIOD BETWEEN 21 APRIL AND 18 MAY 1945, DURING WHICH ENSIGN MANTICA IS ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES.

A STATEMENT AND RECOMMENDATION BY THE CHIEF OF NAVAL PERSONNEL RESPECTING THE MATTER IS CONTAINED IN HIS THIRD ENDORSEMENT OF AUGUST 20, 1945, AS FOLLOWS:

1. RETURNED. THE RECORDS INDICATE THAT JOHN WILLIAM MANTICA ENLISTED 25 FEBRUARY 1943 AS AS, NR, V-1, NROTC, AT TROY, N.Y., AND WAS ORDERED TO ACTIVE DUTY ON 1 JULY 1943 TO REPORT TO THE PROFESSOR OF NAVAL SCIENCE AND TACTICS, RENSSELAER POLYTECHNIC INSTITUTE, TROY, N.Y., AT WHICH TIME HIS CLASSIFICATION WAS CHANGED TO V-12.

2. DURING THIS PERIOD OF ACTIVE DUTY THE RECORDS INDICATE THAT HE WAS GRANTED LEAVE FOR SIX DAYS BEGINNING 23 FEBRUARY 1944. AS ONLY FIVE DAYS LEAVE WOULD ACCUMULATE LATE IN MAY AND JUNE 1945 AFTER THE ACCEPTANCE OF COMMISSION, IT IS RECOMMENDED THAT THE REMAINING TWENTY (20) DAYS OF LEAVE BE CONSIDERED AS IN LIEU OF LEAVE NOT TAKEN, WHILE IN AN ENLISTED STATUS ON ACTIVE DUTY.

IT THUS APPEARS THAT MR. MANTICA ENTERED ON ACTIVE DUTY AS AN ENLISTED MAN IN THE NAVAL RESERVE ON JULY 1, 1943, AS A STUDENT IN NAVAL SCIENCE AND TACTICS AT THE RENSSELAER POLYTECHNIC INSTITUTE, TROY, NEW YORK; THAT HE WAS COMMISSIONED AN ENSIGN IN THE NAVAL RESERVE ON APRIL 21, 1945, UPON HIS GRADUATION; AND THAT BY ORDERS DATED APRIL 13, 1945, HE WAS DIRECTED TO REPORT IMMEDIATELY UPON ACCEPTANCE OF APPOINTMENT TO HIS COMMANDING OFFICER AT THAT SCHOOL FOR TEMPORARY ACTIVE DUTY AND WHEN DIRECTED BY SUCH COMMANDING OFFICER TO REGARD HIMSELF DETACHED AND TO PROCEED TO WASHINGTON, D.C., AND REPORT TO THE COMMANDANT, NAVY YARD, FOR TEMPORARY ACTIVE DUTY UNDER INSTRUCTION PENDING FURTHER ASSIGNMENT, BUT BEING AUTHORIZED TO DELAY IN SO REPORTING UNTIL MAY 18, 1945, SUCH DELAY TO COUNT AS LEAVE. ENDORSEMENTS ON THE SAID ORDERS SHOW THAT THE OFFICER REPORTED FOR ACTIVE DUTY ON APRIL 21, 1945; WAS DETACHED FROM HIS STATION, TROY, NEW YORK, ON APRIL 22, 1945; AND REPORTED MAY 18, 1945, TO NAVY YARD, WASHINGTON, D.C. HENCE, IT APPEARS THAT THE OFFICER WAS ABSENT WITH LEAVE FROM APRIL 23 TO MAY 18, 1945--- EXCLUSIVE OF TRAVEL TIME. SEE ARTICLE 1727 (3), NAVY REGULATIONS, 1920.

SECTION 1265, REVISED STATUTES, 10 U.S.C. 841, RELATING TO ARMY OFFICERS, PROVIDES:

OFFICERS WHEN ABSENT ON ACCOUNT OF SICKNESS OR WOUNDS, OR LAWFULLY ABSENT FROM DUTY AND WAITING ORDERS, SHALL RECEIVE FULL PAY; WHEN ABSENT WITH LEAVE, FOR OTHER CAUSES, FULL PAY DURING SUCH ABSENCE NOT EXCEEDING IN THE AGGREGATE THIRTY DAYS IN ONE YEAR, AND HALF-PAY DURING ABSENCE EXCEEDING THIRTY DAYS IN ONE YEAR. WHEN ABSENT WITHOUT LEAVE, THEY SHALL FORFEIT ALL PAY DURING SUCH ABSENCE, UNLESS THE ABSENCE IS EXCUSED AS UNAVOIDABLE.

THE ACT OF JLY 29, 1876, 19 STAT. 102 (10 U.S.C. 842,) PROVIDES:

THAT AN ACT APPROVED MAY EIGHTH, EIGHTEEN HUNDRED AND SEVENTY-FOUR, IN REGARD TO LEAVE OF ABSENCE OF ARMY OFFICERS, BE, AND THE SAME IS HEREBY, SO AMENDED THAT ALL OFFICERS ON DUTY SHALL BE ALLOWED, IN THE DISCRETION OF THE SECRETARY OF WAR, SIXTY DAYS' LEAVE OF ABSENCE WITHOUT DEDUCTION OF PAY OR ALLOWANCE: PROVIDED, THAT THE SAME BE TAKEN ONCE IN TWO YEARS; AND PROVIDED FURTHER, THAT THE LEAVE OF ABSENCE MAY BE EXTENDED TO THREE MONTHS, IF TAKEN ONCE ONLY IN THREE YEARS, OR FOUR MONTHS IF TAKEN ONLY ONCE IN FOUR YEARS.

THE ARMY LEAVE LAWS, SUPRA, WERE MADE APPLICABLE TO COMMISSIONED OFFICERS OF THE REGULAR NAVY BY SECTION 13 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1007, AND THE ACT OF MAY 13, 1908, 35 STAT. 127 (SEE 8 COMP. GEN. 482; 6 ID. 777; 1 ID. 454; 15 COMP. DEC. 73), AND TO OFFICERS OF THE NAVAL RESERVE BY THE ACT OF AUGUST 29, 1916, 39 STAT. 588 (SEE 25 COMP. DEC. 677).

IN THE DECISION OF AUGUST 3, 1931, A-37354, REFERRED TO BY THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS, THERE WAS CONSIDERED THE CASE OF A MIDSHIPMAN AT THE U.S. NAVAL ACADEMY WHO, UPON HIS GRADUATION ON JUNE 7, 1923, WAS APPOINTED SECOND LIEUTENANT IN THE MARINE CORPS AND IMMEDIATELY GRANTED "GRADUATION LEAVE" FROM JUNE 10 TO JULY 8, 1923, AND IT WAS STATED THEREIN, IN PART, AS FOLLOWS:

* * * THERE IS NO PROVISION AUTHORIZING GRADUATION LEAVE FOR MIDSHIPMEN AT THE NAVAL ACADEMY AND YOU COULD NOT LEGALLY HAVE BEEN GRANTED "GRADUATION LEAVE," AS YOU CONTEND. THE LEAVE GRANTED YOU ON JUNE 9, 1923, WAS LEAVE AS A COMMISSIONED OFFICER OF THE MARINE CORPS, AND YOUR PAY RIGHTS DURING SAID LEAVE WERE SUBJECT TO THE LAW AND REGULATIONS APPLICABLE TO LEAVE OF COMMISSIONED OFFICERS OF THE ARMY UNDER SECTION 1265, REVISED STATUTES.

THE LEAVE YEAR OF A COMMISSIONED OFFICER OF THE MARINE CORPS, LIKE OFFICERS OF THE ARMY IS COINCIDENT WITH THE FISCAL YEAR AND WHERE AN OFFICER OF THE NAVY OR MARINE CORPS IS GRANTED LEAVE OF ABSENCE WHICH EXTENDS INTO THE FOLLOWING FISCAL YEAR HE IS ENTITLED TO FULL PAY AND ALLOWANCES WHILE ON LEAVE DURING THE CURRENT FISCAL YEAR ONLY TO THE EXTENT OF THE LEAVE THEN TO HIS CREDIT AND THEREAFTER TO THE END OF THE CURRENT FISCAL YEAR ONLY TO HALF PAY AND NO ALLOWANCE. 9 COMP. GEN. 1. THE RECORDS SHOW THAT UPON ACCEPTING APPOINTMENT AS A SECOND LIEUTENANT IN THE MARINE CORPS JUNE 7, 1923, YOU WERE CREDITED 2 DAYS FOR CURRENT FISCAL YEAR ENDING JUNE 30, 1923. YOU TOOK LEAVE IN SAID YEAR FROM JUNE 10 TO 30, 21 DAYS, 19 DAYS OF WHICH, OR FROM JUNE 12 TO 30, WERE IN EXCESS. YOU WERE ENTITLED TO HALF PAY ONLY, AND TO NO ALLOWANCES DURING SAID PERIOD.

IT IS SUGGESTED BY THE CHIEF OF NAVAL PERSONNEL THAT LEAVE IN EXCESS OF THAT PROPERLY CREDITABLE TO ENSIGN MANTICA FOR THE FISCAL YEAR ENDING JUNE 30, 1945,"BE CONSIDERED AS IN LIEU OF LEAVE NOT TAKEN, WHILE IN AN ENLISTED STATUS ON ACTIVE DUTY.' HOWEVER, NO LEGAL BASIS FOR THE SUGGESTED SUBSTITUTION IS APPARENT. WHILE IT MAY BE THAT MR. MANTICA WAS GRANTED ONLY 6 DAYS' LEAVE DURING THE PERIOD OF APPROXIMATELY 22 MONTHS HE SERVED ON ACTIVE DUTY AS AN ENLISTED MAN, THE LEAVE OF ABSENCE GRANTED DURING THE MONTHS OF APRIL AND MAY, 1945, WAS SUBSEQUENT TO HIS DISCHARGE AS AN ENLISTED MAN AND WHILE ACTUALLY ON ACTIVE DUTY AS A COMMISSIONED OFFICER IN THE NAVAL RESERVE, AND THERE WOULD BE NO AUTHORITY TO CONSIDER SUCH LEAVE AS HAVING BEEN GRANTED TO HIM ON ACCOUNT OF HIS PRIOR SERVICE AS AN ENLISTED MAN SO AS TO ENTITLE HIM TO FULL PAY AND ALLOWANCES AS A COMMISSIONED OFFICER FOR LEAVE IN EXCESS OF THE LIMITS FIXED BY STATUTE FOR COMMISSIONED OFFICERS.

WITH RESPECT TO THE MATTER OF COMPUTING LEAVE CREDITS OF AN OFFICER FOR THE YEAR IN WHICH HE FIRST ENTERS THE NAVAL SERVICE, IT WAS STATED IN DECISION OF DECEMBER 13, 1911, 18 COMP. DEC. 446, 447, CONCERNING THE CASE OF AN OFFICER WHO WAS COMMISSIONED IN THE NAVY ON JUNE 7, 1909, AS OLLOWS:

IT HAS BEEN HELD BY THIS OFFICE THAT AN OFFICER IS ENTITLED TO PRO RATA LEAVE WITH FULL PAY FOR THE FISCAL YEAR IN WHICH THESE STATUTES ARE FIRST APPLICABLE TO HIM (15 COMP. DEC., 766); THAT IS, TO LEAVE WITH FULL PAY AT THE RATE OF 30 DAYS PER ANNUM. THIS WOULD ENTITLE MR. JEWELL TO TWO DAYS' LEAVE WITH FULL PAY FOR THE YEAR ENDING JUNE 30, 1909.

IT WAS SAID BY THE SECOND COMPTROLLER IN A DECISION OF DECEMBER 12, 1892 ( ARMY PAYMASTERS' DIVISION LETTER BOOK NO. 6, P. 62):

"IT HAS BEEN THE PRACTICE OF THIS OFFICE IN ESTIMATING OFFICERS' LEAVE CREDITS TO ALLOW A PRO RATA CREDIT FOR THE TIME SERVED IN THE YEAR THE OFFICER ENTERS THE SERVICE, AND FULL CREDIT FOR SUCCEEDING YEARS, INCLUDING THE YEAR HE LEAVES THE MILITARY SERVICE * * * .'

THIS PRACTICE CONTINUES AND I DO NOT FEEL JUSTIFIED IN DISTURBING IT. SECTION 1265, REVISED STATUTES, ALLOWS 30 DAYS' LEAVE WITH FULL PAY "IN" ONE YEAR. IT IS WITHIN THE DISCRETION OF THE DEPARTMENT TO SAY WHEN THE 30 DAYS' LEAVE SHALL BE ALLOWED, AND WHEN SO ALLOWED OR GRANTED THE OFFICER MAY BE GRANTED IT WITH FULL PAY WHETHER IT BE AT THE BEGINNING OR AT ANY OTHER TIME DURING THE YEAR. * * * ALSO, IN DECISION OF MARCH 20, 1919, 25 COMP. DEC. 677, 678, IN CONSIDERING THE LEAVE PROPERLY CREDITABLE TO A PERSON WHO WAS COMMISSIONED IN THE NAVAL RESERVE FORCE ON OCTOBER 22, 1918, IT WAS STATED:

SECTION 1265, REVISED STATUTES, ALLOWS 30 DAYS' LEAVE WITH FULL PAY IN ONE YEAR. IT IS WITHIN THE DISCRETION OF THE DEPARTMENT TO SAY WHEN THE 30 DAYS' LEAVE (OR THE PRORATED PART THEREOF FOR THE YEAR THE OFFICER ENTERS ON ACTIVE DUTY) SHALL BE ALLOWED, AND WHEN SO ALLOWED OR GRANTED THE OFFICER MAY BE GRANTED IT WITH FULL PAY WHETHER IT BE AT THE BEGINNING OR AT ANY OTHER TIME DURING THE LEAVE YEAR. (SEE 18 COMP. DEC., 477).

IN THE CASE OF MR. VANDERVOORT, HE IS ENTITLED TO FULL PAY FOR THE 14 DAYS' LEAVE GRANTED AND TAKEN DURING THE PERIODS NOVEMBER 27--- DECEMBER 2, 1918, AND DECEMBER 22-29, 1918, RESPECTIVELY, TOGETHER WITH ANY ADDITIONAL LEAVE (NOT IN EXCESS OF THAT--- 7 DAYS--- WHICH IN THE AGGREGATE AMOUNTS TO THE PRO RATA CREDIT FOR 21 DAYS ALLOWED FOR THE YEAR HE ENTERED ON ACTIVE DUTY) WHICH MAY BE GRANTED DURING THE LEAVE YEAR ENDING JUNE 30, 1919.

IT APPEARS THAT THE FISCAL YEAR ( JULY 1 TO JUNE 30) CONSISTENTLY HAS BEEN REGARDED BY BOTH THE DEPARTMENTS CONCERNED AND THE ACCOUNTING OFFICERS AS THE LEAVE YEAR OF OFFICERS OF THE MILITARY AND NAVAL SERVICE, AND THAT, IN DETERMINING AN OFFICER'S LEAVE CREDIT, IT HAS BEEN THE ESTABLISHED PRACTICE TO ALLOW ONLY A PRO RATA LEAVE CREDIT FOR THE TIME SERVED IN THE FISCAL YEAR IN WHICH THE OFFICER FIRST ENTERS THE SERVICE. IN VIEW OF SUCH CONSISTENT CONSTRUCTION AND APPLICATION GIVEN THE SAID LEAVE LAWS IN THAT RESPECT, THE CONCLUSION IS REQUIRED THAT ENSIGN MANTICA IS NOT ENTITLED TO FULL PAY AND ALLOWANCES FOR THE PERIOD HERE INVOLVED IN EXCESS OF THE 6 DAYS COVERED BY THE LEAVE CREDIT PROPERLY ALLOWABLE FOR THE PERIOD FROM APRIL 21 TO JUNE 30, 1945, PLUS 1 DAY FOR THE TRAVEL TIME INVOLVED BETWEEN TROY, NEW YORK, AND WASHINGTON, D.C.

WHILE SECTION 1265, REVISED STATUTES, AUTHORIZES AN OFFICER ON THE ACTIVE LIST TO BE PAID HALF PAY WHEN ABSENT WITH LEAVE IN EXCESS OF THAT PERMITTED BY THE LEAVE LAWS, A PROVISION IN THE ACT OF FEBRUARY 11, 1925, 43 STAT. 879 (34 U.S.C. 871,) FURTHER LIMITS THE PAY THAT MAY ACCRUE TO OFFICERS OF THE NAVY AND MARINE CORPS WHILE ON LEAVE OF ABSENCE. THE SAID PROVISION READS AS FOLLOWS:

NO OFFICER OF THE NAVY OR MARINE CORPS WHILE ON LEAVE OF ABSENCE ENGAGED IN A SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES, SHALL BE ENTITLED TO ANY PAY OR ALLOWANCES FOR A PERIOD IN EXCESS OF THAT FOR WHICH HE IS ENTITLED TO FULL PAY, UNLESS THE PRESIDENT OTHERWISE DIRECTS. THE SAID PROVISION IS A RESTRICTION ON THE PAY ACCRUING TO OFFICERS OF THE NAVY AND MARINE CORPS DURING LEAVE OF ABSENCE, AND, IN EFFECT, DEPRIVES OFFICERS "ENGAGED IN A SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES" OF THE HALF PAY AUTHORIZED UNDER SECTION 1265, REVISED STATUTES, DURING PERIODS OF EXCESS LEAVE, UNLESS THE PRESIDENT OTHERWISE DIRECTS. SEE 8 COMP. GEN. 482. HOWEVER, WHERE A FEW DAYS' EXCESS LEAVE OF ABSENCE IS GRANTED AN OFFICER, EVIDENTLY FOR THE PURPOSE OF AFFORDING HIM A BRIEF PERIOD OF REST AND RELAXATION, UNDER CIRCUMSTANCES SUCH AS THOSE HERE INVOLVED, IT REASONABLY IS NOT TO BE CONSIDERED, IN THE ABSENCE OF ANY INDICATION TO THE CONTRARY, THAT SUCH LEAVE WAS GRANTED OR TAKEN TO PERMIT THE OFFICER TO ENGAGE IN A SERVICE OTHER THAN THAT OF THE GOVERNMENT OF THE UNITED STATES, WITHIN THE CONTEMPLATION OF THE SAID PROVISION IN THE ACT OF FEBRUARY 11, 1925. ACCORDINGLY, ON THE FACTS STATED, ENSIGN MANTICA APPEARS TO BE ENTITLED TO HALF PAY AS AUTHORIZED BY SECTION 1265, REVISED STATUTES, DURING THE PERIOD OF HIS EXCESS LEAVE TAKEN PRIOR TO JULY 1, 1945. SEE THE DECISION OF AUGUST 3, 1931, A-37354, SUPRA. TO THE EXTENT THAT OTHER DECISIONS OF THIS OFFICE MAY BE VIEWED AS INDICATING A DIFFERENT CONCLUSION WITH RESPECT TO THE APPLICATION OF THE PROVISIONS OF THE SAID ACT OF FEBRUARY 11, 1925, THEY NO LONGER WILL BE FOLLOWED.