B-5339, AUGUST 25, 1939, 19 COMP. GEN. 282

B-5339: Aug 25, 1939

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PAY - ACTIVE DUTY FOR TRAINING - MARINE CORPS RESERVE OFFICER FOUND PHYSICALLY DISQUALIFIED AFTER ARRIVAL AT STATION WHERE A MAINE CORPS RESERVE OFFICER ORDERED TO ACTIVE DUTY FOR TRAINING WAS. WAS BY SUBSEQUENT ORDER OF THE COMMANDING OFFICER OF THE STATION TO WHICH HE HAD REPORTED "RELIEVED FROM ACTIVE DUTY FOR TRAINING" SEVERAL DAYS AFTER HIS ARRIVAL THERE AND BEFORE THE EXPIRATION DATE DESIGNATED IN HIS ORIGINAL ORDERS. FOR DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER PRESENTED BY LT. THE DUTY IN QUESTION WAS PERFORMED PURSUANT TO ORDERS FROM THE MAJOR GENERAL COMMANDANT. YOU ARE ASSIGNED TO ACTIVE DUTY FOR TRAINING. WILL PROCEED TO THE MARINE BARRACKS. YOU WILL STAND DETACHED FROM THE MARINE BARRACKS.

B-5339, AUGUST 25, 1939, 19 COMP. GEN. 282

PAY - ACTIVE DUTY FOR TRAINING - MARINE CORPS RESERVE OFFICER FOUND PHYSICALLY DISQUALIFIED AFTER ARRIVAL AT STATION WHERE A MAINE CORPS RESERVE OFFICER ORDERED TO ACTIVE DUTY FOR TRAINING WAS, AFTER ARRIVAL AT HIS ACTIVE DUTY FOR TRAINING STATION, FOUND NOT PHYSICALLY QUALIFIED, AND WAS BY SUBSEQUENT ORDER OF THE COMMANDING OFFICER OF THE STATION TO WHICH HE HAD REPORTED "RELIEVED FROM ACTIVE DUTY FOR TRAINING" SEVERAL DAYS AFTER HIS ARRIVAL THERE AND BEFORE THE EXPIRATION DATE DESIGNATED IN HIS ORIGINAL ORDERS, HE MAY BE CONSIDERED AS HAVING BEEN ON "ACTIVE TRAINING DUTY" AND "ON AUTHORIZED TRAVEL TO AND FROM SUCH DUTY" WITHIN THE MEANING OF SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, AND PAID ACTIVE DUTY PAY AND ALLOWANCES FOR THE READJUSTED PERIOD OF TRAINING AND TRAVEL INVOLVED.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE NAVY, AUGUST 25, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 1, 1939, FORWARDING THE REQUEST OF THE POST PAYMASTER, MARINE BARRACKS, QUANTICO, VA., FOR DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER PRESENTED BY LT. COL. WILLIAM RANDOLPH COYLE, U.S.M.C.R. (V.), CLAIMING ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD JULY 2 TO 5, 1939.

THE DUTY IN QUESTION WAS PERFORMED PURSUANT TO ORDERS FROM THE MAJOR GENERAL COMMANDANT, DATED JUNE 1, 1939. AS FOLLOWS:

FROM: THE MAJOR GENERAL COMMANDANT.

TO: LIEUTENANT COLONEL WILLIAM R. COYLE, U.S.M.C.R. (V), BOX "A," MORAVIAN STATION, BETHLEHEM, PENNA. VIA: THE DISTRICT COMMANDER, 4TH RES. DISTRICT.

SUBJECT: ORDERS.

REFERENCE: (A) LTR. LT.-1COL. COYLE TO M.G.C., DATED APRIL 19, 1939, AND ENDORSEMENT THEREON.

1. IN ACCORDANCE WITH THE REQUEST CONTAINED IN REFERENCE (A), ON JULY 2, 1939, YOU ARE ASSIGNED TO ACTIVE DUTY FOR TRAINING, WILL PROCEED TO THE MARINE BARRACKS, QUANTICO, VIRGINIA, AND REPORT ON THAT DATE TO THE COMMANDING GENERAL, THAT POST, FOR DUTY AND TRAINING.

2. ON JULY 16, 1939, WHEN DIRECTED BY THE COMMANDING GENERAL, YOU WILL STAND DETACHED FROM THE MARINE BARRACKS, QUANTICO, VIRGINIA, WILL RETURN TO BETHLEHEM, PENNSYLVANIA, AND WILL STAND RELIEVED FROM ACTIVE DUTY FOR TRAINING ON THAT DATE.

3. THE RECORDS OF THE MARINE CORPS SHOW THAT TO AND INCLUDING THE DATE OF THIS ORDER YOU HAVE (20) YEARS, (8) MONTHS, AND (8) DAYS SERVICE FOR PURPOSE OF PAY. A DETAILED STATEMENT OF YOUR SERVICE FOR PURPOSE OF PAY HAS BEEN FURNISHED THE GENERAL ACCOUNTING OFFICE.

4. THE PHYSICAL EXAMINATION DIRECTED IN ARTICLE 13-56 (4), MARINE CORPS MANUAL, WILL BE COMPLETED UPON REPORTING FOR ACTIVE DUTY FOR TRAINING AT THE MARINE BARRACKS, QUANTICO, VIRGINIA, AND THE REPORT, IN DUPLICATE, SUBMITTED ON BUREAU OF MEDICINE AND SURGERY FORM "Y" TO THIS HEADQUARTERS.

5. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

INDORSEMENT ON THE ORDERS SHOWS THAT LIEUTENANT COLONEL COYLE LEFT BETHLEHEM, PA., JULY 1, 1939; THAT HE REPORTED AT HEADQUARTERS, MARINE BARRACKS, QUANTICO, VA., AT 10:55 A.M., JULY 2, 1939; AND THAT HE WAS DIRECTED TO COMPLY IMMEDIATELY WITH PARAGRAPH 4 OF HIS BASIC ORDERS. JULY 2, 1939, THE COMMANDING GENERAL, MARINE BARRACKS, QUANTICO, VA., INDORSED THE ORDERS AS FOLLOWS:

1. REPORTED AT 1100 THIS DATE; FURTHER REPORT TO THE COMMANDING OFFICER, 5TH MARINES FOR DUTY OUTLINED IN PARAGRAPH 2 OF BASIC ORDERS.

2. ON JULY 16 AT 1200, YOU WILL STAND DETACHED FROM DUTY WITH THIS BRIGADE AND CARRY OUT UNCOMPLETED PORTION OF YOUR BASIC ORDERS.

3. PRIOR TO YOUR DEPARTURE FROM THIS POST ON JULY 16, 1939, YOU WILL SUBMIT AN OFFICER'S CLEARANCE SLIP TO THE POST HEADQUARTERS ( SEE ARTICLE 8-3 (2), POST REGULATIONS).

ON JULY 3 THE MEDICAL OFFICER INDORSED ON THE ORDERS THE FOLLOWING:

1. EXAMINED AND FOUND NOT PHYSICALLY QUALIFIED FOR ACTIVE DUTY FOR TRAINING. AND ON THE SAME DATE THE COMMANDING OFFICER OF THE FIFTH MARINES INDORSED THE ORDERS AS FOLLOWS:

1. REPORTED THIS DATE, YOU WILL BE CARRIED UNDER ROLLS OF HEADQUARTERS COMPANY, 5TH MARINES.

ON JULY 5, 1939, THE COMMANDING GENERAL, HEADQUARTERS, MARINE BARRACKS, QUANTICO, VA., ISSUED THE FOLLOWING ORDERS:

FROM: THE COMMANDING GENERAL.

TO: LIEUTENANT COLONEL WILLIAM R. COYLE, U.S.M.C.R. (V.). VIA:COMMANDING GENERAL, ST MARINE BRIGADE, F.M.F.

SUBJECT: ORDERS.

REFERENCES: (A) LTR MGC TO LIEUT. COLONEL WILLIAM R. COYLE, U.S.M.C.R. (V.) FILE 101346/AF-260-GWJ, SUBJECT--- ORDERS, DATED JUNE 1, 1939, (B) TELEPHONIC INSTRUCTIONS, HEADQUARTERS, MARINE CORPS, THIS DATE.

1. IN ACCORDANCE WITH REFERENCE (B), PARAGRAPH 2 OF REFERENCE (A) IS HEREBY REVOKED DUE TO YOUR FAILURE TO QUALIFY PHYSICALLY FOR ACTIVE TRAINING.

2. YOU WILL STAND DETACHED FROM THE MAINE BARRACKS, QUANTICO, VIRGINIA, ON JULY 5, 1939, WILL RETURN TO BETHLEHEM, PENNSYLVANIA, AND WILL STAND RELIEVED FROM ACTIVE DUTY FOR TRAINING ON THAT DATE.

3. THE TRAVEL HEREIN ENJOINED IS NECESSARY IN THE PUBLIC SERVICE.

INDORSEMENTS SHOW THAT THESE ORDERS WERE RECEIVED AT 10 A.M., JULY 5, 1939.

SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1176, 1177, PROVIDES THAT COMMISSIONED OFFICERS OF THE NAVAL RESERVE ARE ENTITLED TO PAY AND ALLOWANCES "WHEN EMPLOYED ON ACTIVE DUTY OR ON TRAINING DUTY WITH PAY OR WHEN EMPLOYED ON AUTHORIZED TRAVEL TO AND FROM SUCH DUTY.' IT IS NOT EXPRESSLY STATED IN THE ORDERS THAT THE DUTY INVOLVED IS DUTY "WITH PAY," BUT THE FORM OF THE ORDERS IMPLIES THAT DUTY WITH PAY WAS CONTEMPLATED. THE RECORD SHOWS THAT LIEUTENANT COLONEL COYLE ACTUALLY REPORTED TO THE COMMAND WITH WHICH DUTY WAS TO BE PERFORMED AS DIRECTED ON JULY 3, 1939, BY THE COMMANDING GENERAL, AND THAT ON JULY 5, 1939, THE PORTION OF HIS BASIC ORDERS FIXING THE PERIOD OF TRAINING DUTY WAS REVOKED, DUE TO HIS "FAILURE TO QUALIFY PHYSICALLY FOR ACTIVE AINING.' THE FACTS STATED DO NOT DISCLOSE WHETHER LIEUTENANT COLONEL COYLE ACTUALLY PERFORMED ANY TRAINING DUTY AFTER REPORTING IN COMPLIANCE WITH HIS BASIC ORDERS. HOWEVER, SINCE THE ORDERS TO LIEUTENANT COLONEL COYLE ASSIGNED HIM TO ACTIVE DUTY JULY 2, 1939, AND SINCE HE ACTUALLY REPORTED FOR SUCH TRAINING DUTY AT THE PLACE AND TIME REQUIRED BY HIS ORDERS, WAS DETACHED AND ORDERED TO RETURN TO HIS HOME, IT IS CONCLUDED THAT HE WAS EMPLOYED IN "ACTIVE TRAINING DUTY" AND IN AUTHORIZED TRAVEL TO AND FROM SUCH DUTY FOR THE PERIOD JULY 2 TO 5, 1939, INCLUSIVE, WITHIN THE MEANING OF SECTION 7 OF THE NAVAL RESERVE ACT OF 1938. ACCORDINGLY, YOU ARE ADVISED THAT ON THE FACTS PRESENTED, LIEUTENANT COLONEL COYLE MAY BE PAID ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD JULY 2 TO 5,1939, INCLUSIVE.