B-78060, DECEMBER 10, 1948, 28 COMP. GEN. 352

B-78060: Dec 10, 1948

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WILL NOT BE QUESTIONED BY THIS OFFICE. - REQUESTING REVIEW OF EXCEPTIONS TAKEN BY THE AUDIT DIVISION OF THIS OFFICE TO THE PAYMENT OF TERMINAL LEAVE EMOLUMENTS TO NAVY ENLISTED MEN WHO WERE ABSENT FROM DUTY OR ON VACATION PRIOR TO THE ENACTMENT OF THE ARMED FORCES LEAVE ACT OF 1946. WHO WERE GIVEN AN "EVEN SCORE" OR . WHICH ARE AS FOLLOWS: REF: (A) ARMED FORCES LEAVE ACT OF 1946. CASES HAVE ARISEN WHERE. IN REFERENCE (C) THE JUDGE ADVOCATE GENERAL HAS ADVISED THAT SUCH "MINUS LEAVE CREDIT" AS OF 31 AUGUST 1946 MAY BE ELIMINATED AS OF 1 SEPTEMBER 1946 IN THOSE CASES WHERE SUCH "MINUS LEAVE CREDIT" WAS ACQUIRED FROM ANY CAUSE. COMMANDING OFFICERS ARE AUTHORIZED AND DIRECTED TO REVIEW THE LEAVE ACCOUNTS OF ALL PERSONNEL AND TO REDUCE TO ZERO AS OF 1 SEPTEMBER 1946 ANY "MINUS LEAVE CREDITS" AS OF 31 AUGUST 1946.

B-78060, DECEMBER 10, 1948, 28 COMP. GEN. 352

LEAVES OF ABSENCE - MILITARY - EXCESS LEAVE OF NAVY ENLISTED MEN REGULATIONS PROMULGATED BY THE SECRETARY OF THE NAVY PURSUANT TO SECTION 4 (E) OF THE ARMED FORCES LEAVE ACT OF 1946, AS AMENDED, WILL NOT BE QUESTIONED BY THIS OFFICE, INSOFAR AS THEY PROVIDE FOR THE ELIMINATION OF MINUS LEAVE CREDITS IN THE RECORDS OF NAVY ENLISTED MEN AND FOR THE CONVERSION OF SUCH LEAVE CREDITS TO ZERO BALANCES AS OF SEPTEMBER 1, 1946, WHERE SUCH MINUS LEAVE CREDITS AROSE FROM ANY CAUSE, INCLUDING REENLISTMENT ENTERED INTO ON OR PRIOR TO AUGUST 9, 1946--- THE APPROVAL DATE OF SAID ACT.

ASSISTANT COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE NAVY, DECEMBER 10, 1948:

THERE HAS BEEN CONSIDERED YOUR UNDATED LETTER--- RECEIVED HERE JULY 1, 1948--- REQUESTING REVIEW OF EXCEPTIONS TAKEN BY THE AUDIT DIVISION OF THIS OFFICE TO THE PAYMENT OF TERMINAL LEAVE EMOLUMENTS TO NAVY ENLISTED MEN WHO WERE ABSENT FROM DUTY OR ON VACATION PRIOR TO THE ENACTMENT OF THE ARMED FORCES LEAVE ACT OF 1946, PUBLIC LAW 704, APPROVED AUGUST 9, 1946, 60 STAT. 963, IN EXCESS OF THE NUMBER OF DAYS AUTHORIZED BY THE SAID ACT, BUT WHO WERE GIVEN AN "EVEN SCORE" OR ,ZERO BALANCE" AS OF AUGUST 31, 1946, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE SECRETARY ( BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 2-47 DATED JANUARY 14, 1947), WHICH ARE AS FOLLOWS:

REF: (A) ARMED FORCES LEAVE ACT OF 1946.

(B) BU PERS CIRC. LTR. 193-46; N.D. BUL. OF 31 AUG. 1946, 46 1801.

(C) OPINION OF JUDGE ADVOCATE GENERAL (FILE JAG:II:HTS:MH P18-1), APPROVED BY SECNAV 24 DEC. 1946.

1. CASES HAVE ARISEN WHERE, UNDER THE PROVISIONS OF REFERENCE (B), THE COMPUTATION OF UNUSED LEAVE AS OF 31 AUGUST 1946 HAS RESULTED IN A NEGATIVE BALANCE, OR "MINUS LEAVE CREDIT," IN AN INDIVIDUAL'S LEAVE ACCOUNT.

2. IN REFERENCE (C) THE JUDGE ADVOCATE GENERAL HAS ADVISED THAT SUCH "MINUS LEAVE CREDIT" AS OF 31 AUGUST 1946 MAY BE ELIMINATED AS OF 1 SEPTEMBER 1946 IN THOSE CASES WHERE SUCH "MINUS LEAVE CREDIT" WAS ACQUIRED FROM ANY CAUSE, INCLUDING REENLISTMENT LEAVE GRANTED ON REENLISTMENT ENTERED INTO ON OR BEFORE 9 AUGUST 1946 (THE DATE OF APPROVAL OF REFERENCE (A) ). IN THOSE CASES WHERE THE "MINUS LEAVE CREDIT" AS OF 31 AUGUST 1946 RESULTED FROM REENLISTMENT ENTERED INTO AFTER 9 AUGUST 1946, SUCH "MINUS LEAVE CREDIT" MAY NOT BE ELIMINATED. THE SECRETARY OF THE NAVY HAS APPROVED THE OPINION OF THE JUDGE ADVOCATE GENERAL.

3. COMMANDING OFFICERS ARE AUTHORIZED AND DIRECTED TO REVIEW THE LEAVE ACCOUNTS OF ALL PERSONNEL AND TO REDUCE TO ZERO AS OF 1 SEPTEMBER 1946 ANY "MINUS LEAVE CREDITS" AS OF 31 AUGUST 1946, EXCEPT IN THOSE CASES RESULTING FROM REENLISTMENT LEAVE GRANTED ON REENLISTMENT ENTERED INTO AFTER 9 AUGUST 1946. IN THE LATTER CASES THE "MINUS LEAVE CREDIT" AS OF 31 AUGUST 1946 MUST REMAIN AS A CHARGE AGAINST LEAVE CREDITS TO BE EARNED IN THE FUTURE. SUITABLE ENTRIES REFLECTING THE ELIMINATION OF THE "MINUS LEAVE CREDIT" SHALL BE MADE ON PAGE 9 OF THE ENLISTED SERVICE RECORD AND ON FORM NAV PERS 329 ( OFFICERS' LEAVE RECORD).

PARTICULAR REFERENCE IS MADE TO AN EXCEPTION TAKEN IN THE ACCOUNTS OF LIEUTENANT (JG) ROBERT W. H. DARROW, SUPPLY CORPS, UNITED STATES NAVY, IN CONNECTION WITH A CREDIT OF $40.15 IN THE PAY ACCOUNT OF WILLIAM R. WHITLEY, SEAMAN FIRST CLASS, UNITED STATES NAVY, REPRESENTING ACTIVE DUTY PAY ($33) AND LEAVE RATIONS ($7.15) FOR THE PERIOD NOVEMBER 28 TO DECEMBER 8, 1946, WHILE ON TERMINAL LEAVE. THE SAID EXCEPTION WAS TAKEN ON THE BASIS OF THE ENLISTED MAN'S PAY RECORD WHICH SHOWS THAT HE REPORTED FOR ACTIVE DUTY SEPTEMBER 14, 1944; THAT HE WAS CREDITED WITH 72 DAYS' LEAVE RATIONS PRIOR TO DETACHMENT NOVEMBER 27, 1946, AND THAT HE WAS GRANTED 11 DAYS' TERMINAL LEAVE PRIOR TO HIS ULTIMATE DISCHARGE DECEMBER 8, 1946. THE BASIS OF SUCH RECORD, IT APPEARED THAT UNDER APPLICABLE REGULATIONS THE ENLISTED MAN HAD EARNED OR ACCRUED A MAXIMUM OF 67 DAYS' LEAVE FROM THE DATE OF ENLISTMENT SEPTEMBER 14, 1944, TO DATE OF DETACHMENT NOVEMBER 27, 1946 (59 DAYS PRIOR TO SEPTEMBER 1, 1946, AND 8 DAYS THEREAFTER), WHEREAS HE WAS GRANTED A TOTAL OF 72 DAYS' LEAVE DURING SUCH PERIOD. CONSEQUENTLY, AN EXCEPTION WAS TAKEN TO THE PAYMENT OF ACTIVE DUTY PAY AND LEAVE RATIONS DURING THE PERIOD NOVEMBER 28 TO DECEMBER 8, 1946, WHILE ON TERMINAL LEAVE. IN REPLY TO SAID EXCEPTION, THE CHIEF OF FIELD BRANCH, BUREAU OF SUPPLIES AND ACCOUNTS, CLEVELAND, OHIO, STATED THAT THE "MINUS LEAVE CREDIT" ON AUGUST 31, 1946, WAS ELIMINATED--- PRESUMABLY ON THE BASIS OF THE ABOVE-QUOTED REGULATIONS OF JANUARY 14, 1947; THAT THE ENLISTED MAN EARNED 8 DAYS' LEAVE SUBSEQUENT TO AUGUST 31, 1946, AND THAT THEREFORE IT WAS REQUESTED THAT THE EXCEPTION BE REDUCED TO AN AMOUNT REPRESENTING 3 DAYS' EXCESS LEAVE. THEREAFTER, A REVISED NOTICE OF EXCEPTION WAS ISSUED BY THE AUDIT DIVISION OF THIS OFFICE WHICH, IN EFFECT, SUSTAINED THE PRIOR EXCEPTION ON THE BASIS THAT THERE APPEARS TO BE NO AUTHORITY FOR CHANGING A "MINUS LEAVE BALANCE" TO A "ZERO LEAVE BALANCE," AND, CONSEQUENTLY, SINCE THE ENLISTED MAN'S LEAVE APPARENTLY WAS OVERDRAWN AT THE DATE OF DETACHMENT, HE WAS NOT ENTITLED TO TERMINAL LEAVE. IN YOUR LETTER, AFTER QUOTING PORTIONS OF SECTIONS 3 (A) AND 4 OF THE ARMED FORCES LEAVE ACT OF 1946, IT IS REQUESTED THAT THE EXCEPTION HERE INVOLVED, AND SIMILAR EXCEPTIONS, BE REMOVED ON THE BASIS THAT:

IT IS CLEAR FROM SECTION 3 (A) ABOVE THAT CONGRESS INTENDED FOR ALL DAYS OF ABSENCE FROM DUTY OR VACATION, INCLUDING REENLISTMENT LEAVE, GRANTED AFTER THE DATE OF THE ACT, TO BE CHARGED TO LEAVE. IT IS EQUALLY CLEAR FROM SECTION 4, HOWEVER, THAT AS TO DAYS OF ABSENCE FROM DUTY OR VACATION OR REENLISTMENT LEAVE ENJOYED PRIOR TO THE PASSAGE OF THE ACT, CONGRESS VESTED IN THE SECRETARY OF THE NAVY FINAL AUTHORITY AND DECISION AS TO THE NUMBER OF SUCH DAYS TO BE CHARGED AGAINST LEAVE.

PURSUANT TO THE ABOVE AUTHORITY THE SECRETARY OF THE NAVY HAS DETERMINED THAT DAYS OF ABSENCE FROM DUTY OR VACATION OR REENLISTMENT LEAVE GRANTED TO ENLISTED PERSONNEL PRIOR TO THE DATE OF THE ARMED FORCES LEAVE ACT OF 1946 SHALL BE CHARGED AGAINST LEAVE ONLY TO THE EXTENT OF LEAVE ACCRUED AS OF AUGUST 30, 1946. IN OTHER WORDS, NO ENLISTED PERSON IS TO BE SO CHARGED AS TO CREATE A MINUS LEAVE BALANCE ON SUCH DATE. THIS DETERMINATION IS EMBODIED IN BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 2-47, DATED JANUARY 14, 1947 ( NDB, 15 JAN. 1947, P. 44).

IT THEREFORE APPEARS THAT, IN THE PARTICULAR CASE HEREINBEFORE MENTIONED, WHITLEY HAD A ZERO LEAVE BALANCE AS OF AUGUST 31, 1946, UNDER LAWFUL REGULATIONS PROMULGATED PURSUANT TO THE ARMED FORCES LEAVE ACT OF 1946, AND THAT HE WAS ACCORDINGLY ENTITLED ON DETACHMENT TO LEAVE ACCRUED AND UNUSED BETWEEN SUCH DATE AND THE TIME OF DETACHMENT.

SECTION 3 (A) OF THE ARMED FORCES LEAVE ACT OF 1946, 60 STAT. 963, 964, PROVIDES AS FOLLOWS (ITALICS INDICATE PORTION QUOTED IN YOUR LETTER):

EACH MEMBER OF THE ARMED FORCES SHALL BE ENTITLED TO LEAVE AT THE RATE OF TWO AND ONE-HALF CALENDAR DAYS FOR EACH MONTH OF ACTIVE SERVICE, EXCLUDING PERIODS OF (1) ABSENCE FROM DUTY WITHOUT LEAVE, (2) ABSENCE OVER LEAVE, AND (3) CONFINEMENT AS THE RESULT OF A SENTENCE OF COURT MARTIAL. EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, SUCH LEAVE MAY BE ACCUMULATED IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY CALENDAR DAYS. ANY LEAVE SO ACCUMULATED SHALL NOT, HOWEVER, SURVIVE DEATH OCCURRING DURING ACTIVE MILITARY SERVICE. ENLISTED MEMBERS OR FORMER ENLISTED MEMBERS OF THE ARMED FORCES SHALL BE CONSIDERED TO BE ENTITLED TO SUCH LEAVE FROM AMD AFTER SEPTEMBER 8, 1939, BUT SHALL NOT BE CONSIDERED TO HAVE ANY LEAVE ACCUMULATED OR ACCRUED AS OF THE DATE OF THE ENACTMENT OF THIS ACT, OR THE DATE OF DISCHARGE IF PRIOR TO SUCH DATE OF ENACTMENT, IN EXCESS OF THE AMOUNT WHICH WOULD HAVE BEEN ACCUMULATED AND ACCRUED IF THEIR LEAVE HAD BEEN ACCUMULATED AND ACCRUED FROM AND AFTER SEPTEMBER 8, 1939, ON THE SAME BASIS AS LEAVE IS ACCUMULATED AND ACCRUED IN THE CASE OF COMMISSIONED OFFICERS IN THE REGULAR COMPONENTS OF THEIR RESPECTIVE BRANCHES OF THE ARMED FORCES. EXCEPT IN THE CASE OF LEAVE TO BE SETTLED AND COMPENSATED FOR UNDER SECTION 6 OF THIS ACT, LEAVE MAY BE TAKEN BY A MEMBER ON A CALENDAR-DAY BASIS AS VACATION OR ABSENCE FROM DUTY WITH PAY, ANNUALLY AS ACCRUING OR OTHERWISE, IN ACCORDANCE WITH REGULATIONS TO BE ISSUED BY THE SEVERAL SECRETARIES. SUCH REGULATIONS SHALL PROVIDE EQUAL TREATMENT FOR OFFICERS AND ENLISTED MEN, SHALL ESTABLISH TO THE FULLEST EXTENT PRACTICABLE UNIFORM POLICIES FOR THE SEVERAL BRANCHES OF THE ARMED FORCES, AND SHALL PROVIDE THAT LEAVE SHALL BE TAKEN ANNUALLY AS ACCRUING TO THE EXTENT CONSISTENT WITH MILITARY REQUIREMENTS AND OTHER EXIGENCIES. MEMBERS WHO REENLIST AFTER THE DATE OF ENACTMENT OF THIS ACT MAY BE AUTHORIZED REENLISTMENT LEAVE IN THE DISCRETION OF THE SECRETARY, FOR A PERIOD NOT EXCEEDING NINETY DAYS, AND SUCH LEAVE SHALL BE DEDUCTED FROM LEAVE ACCRUED DURING ACTIVE SERVICE PRIOR TO REENLISTMENT OR CHARGED AGAINST ANY LEAVE WHICH MAY ACCRUE DURING FUTURE ACTIVE SERVICE OR BOTH. IN THE CASE OF MEMBERS WHO ARE RETIRED AFTER THE DATE OF ENACTMENT OF THIS ACT AND AFTER RETIREMENT ARE CONTINUED ON OR RECALLED TO ACTIVE DUTY, LEAVE ACCRUED DURING SERVICE PRIOR TO RETIREMENT MAY BE CARRIED OVER TO THE PERIOD OF SERVICE AFTER RETIREMENT. LEAVE TAKEN PRIOR TO DISCHARGE BEFORE OR AFTER THE ENACTMENT OF THIS ACT SHALL BE CONSIDERED AS ACTIVE MILITARY SERVICE; BUT LEAVE SETTLED AND COMPENSATED FOR UNDER SECTION 6 OF THIS ACT SHALL NOT BE CONSIDERED AS ACTIVE MILITARY SERVICE.

SECTION 4 OF THE SAID ACT, 60 STAT. 964, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

LEAVE TO BE SETTLED AND COMPENSATED FOR UNDER SECTION 6 OF THIS ACT SHALL BE COMPENSABLE AS FOLLOWS:

DETERMINATION OF THE NUMBER OF CALENDAR DAYS OF LEAVE TO WHICH A MEMBER OR FORMER MEMBER IS ENTITLED, INCLUDING THE NUMBER OF CALENDAR DAYS OF ABSENCE FROM DUTY OR VACATION TO BE COUNTED OR CHARGED AGAINST SUCH LEAVE, SHALL BE MADE IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE RESPECTIVE SECRETARIES, WHICH REGULATIONS SHALL PROVIDE EQUAL TREATMENT OF OFFICERS AND ENLISTED MEN AND SHALL ESTABLISH TO THE FULLEST EXTENT PRACTICABLE UNIFORM POLICIES FOR THE SEVERAL BRANCHES OF THE ARMED FORCES. IN THE CASE OF THE LEAVE OF ENLISTED MEMBERS OR FORMER ENLISTED MEMBERS ATTRIBUTABLE TO THE PERIOD PRIOR TO THE DATE OF ENACTMENT OF THIS ACT, THE SECRETARY MAY IN THE DETERMINATION OF THE NUMBER OF CALENDAR DAYS OF ABSENCE FROM DUTY OR VACATION TO BE COUNTED OR CHARGED AGAINST SUCH LEAVE RELY ON SUCH RECORDS AND EVIDENCE, INCLUDING APPLICANTS' SWORN STATEMENTS AS TO THE MATERIAL FACTS, AS HE MAY DETERMINE PROPER. ALL DECISIONS BY THE SECRETARY UNDER THIS SECTION SHALL BE FINAL AND CONCLUSIVE AND SHALL NOT BE SUBJECT TO REVIEW BY ANY COURT OR BY ANY OFFICER OF THE UNITED STATES.

SECTION 4 OF THE SAID 1946 ACT WAS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, BUT THE ABOVE-QUOTED PORTION OF THE ORIGINAL SECTION 4 APPEARS IN IDENTICAL LANGUAGE AS SECTION 4 (E) OF THE AMENDING ACT, 61 STAT. 749.

THE PRIMARY PURPOSE OF THE PROVISION IN SECTION 3 (A) OF THE 1946 ACT, AUTHORIZING ENLISTED MEMBERS AND FORMER ENLISTED MEMBERS TO ACCUMULATE AND ACCRUE LEAVE AT THE RATE OF 2 1/2 DAYS PER MONTH FROM AND AFTER SEPTEMBER 8, 1939, WAS TO PERMIT ENLISTED MEMBERS AND FORMER ENLISTED MEMBERS TO BE CREDITED WITH THE ACCUMULATED AND ACCRUED LEAVE THEY OTHERWISE WOULD HAVE HAD TO THEIR CREDIT ON AUGUST 31, 1946--- OR ON THE DATE OF DISCHARGE IF DISCHARGED PRIOR TO THAT DATE--- HAD THEIR LEAVE BEEN ACCUMULATED AND ACCRUED FROM AND AFTER SEPTEMBER 8, 1939,"ON THE SAME BASIS AS LEAVE IS ACCUMULATED AND ACCRUED IN THE CASE OF COMMISSIONED OFFICERS IN THE REGULAR COMPONENTS OF THEIR RESPECTIVE BRANCHES OF THE ARMED FORCES.' SUCH PROVISION NOT ONLY PROVIDES A BASIS FOR DETERMINING THE NUMBER OF DAYS OF ACCUMULATED OR ACCRUED LEAVE TO THE CREDIT OF EACH ENLISTED MAN OF THE ARMED FORCES ON AUGUST 31, 1946, BUT ALSO ESTABLISHES A BASIS FOR COMPENSATING ENLISTED PERSONNEL IN AN ACTIVE DUTY STATUS ON AUGUST 31, 1946, FOR UNUSED LEAVE IN EXCESS OF 60 DAYS TO THE CREDIT ON THAT DATE, AS WELL AS A BASIS FOR COMPENSATING ENLISTED PERSONNEL DISCHARGED PRIOR TO THAT DATE FOR UNUSED LEAVE TO THEIR CREDIT ON THE DATE OF DISCHARGE. UNDER SECTION 4 OF THE SAID ACT, THE DETERMINATION AS TO THE NUMBER OF DAYS OF LEAVE TO WHICH A MEMBER OR FORMER MEMBER IS TITLED,"INCLUDING THE NUMBER OF CALENDAR DAYS OF ABSENCE FROM DUTY OR VACATION TO BE COUNTED OR CHARGED AGAINST SUCH LEAVE" IS TO BE MADE IN ACCORDANCE WITH REGULATIONS ISSUED BY THE RESPECTIVE SECRETARIES.

PRIOR TO THE ENACTMENT OF THE ARMED FORCES LEAVE ACT OF 1946, LEAVE OF ABSENCE OF ENLISTED MEMBERS OF THE NAVY WAS CONTROLLED ADMINISTRATIVELY BY REGULATIONS ISSUED BY THE SECRETARY, AND SUCH REGULATIONS GENERALLY AUTHORIZED THE GRANTING OF NOT TO EXCEED 30 DAYS' ANNUAL OR ORDINARY LEAVE IN ANY ONE CALENDAR YEAR. THE REGULATIONS ALSO AUTHORIZED THE GRANTING OF ADDITIONAL LEAVE TO ENLISTED PERSONNEL UNDER CERTAIN CIRCUMSTANCES IN THE DISCRETION OF PROPER AUTHORITY, BUT SUCH ADDITIONAL LEAVE GENERALLY WAS NOT CONSIDERED AS A CHARGE AGAINST THE ENLISTED MAN'S 30 DAYS' LEAVE. SEE BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER 28-45, FEBRUARY 3, 1945. HOWEVER, UNDER THE REGULATIONS ISSUED BY THE SECRETARY PURSUANT TO THE ARMED FORCES LEAVE ACT OF 1946, IT IS NOTED THAT CERTAIN TYPES OF LEAVE NOT THERETOFORE CHARGEABLE AS ANNUAL LEAVE ARE TO BE CHARGED AGAINST THE 2 1/2 DAYS' LEAVE EARNED EACH MONTH UNDER THE ARMED FORCES LEAVE ACT. THUS, ALTHOUGH LEAVE GRANTED AN ENLISTED MAN PRIOR TO THE ARMED FORCES LEAVE ACT OF 1946 MAY HAVE BEEN GRANTED STRICTLY IN ACCORDANCE WITH REGULATIONS IN EFFECT AT THE TIME SUCH LEAVE WAS GRANTED, A RECOMPUTATION OF LEAVE AS OF AUGUST 31, 1946, ON THE BASIS OF THE 1946 ACT AND REGULATIONS ISSUED THEREUNDER, MAY RESULT IN A "MINUS LEAVE CREDIT" IN CERTAIN CASES. UNDER THE AUTHORITY VESTED IN THE SECRETARY BY SECTION 4 OF THE SAID ACT TO DETERMINE "THE NUMBER OF CALENDAR DAYS OF ABSENCE FROM DUTY OR VACATION TO BE COUNTED OR CHARGED AGAINST SUCH LEAVE," THE VIEW MIGHT BE TAKEN THAT SUCH REGULATIONS WOULD HAVE PROVIDED THAT LEAVE GRANTED ENLISTED MEN PRIOR TO AUGUST 31, 1946, WHICH WAS NOT CHARGEABLE AS ANNUAL LEAVE UNDER PRE- EXISTING ADMINISTRATIVE REGULATIONS, NEED NOT BE CONSIDERED AS A CHARGE AGAINST LEAVE IN DETERMINING THE LEAVE TO AN ENLISTED MAN'S CREDIT ON AUGUST 31, 1946, IN WHICH EVENT, THERE MIGHT HAVE BEEN NO NECESSITY FOR THE ISSUANCE OF REGULATIONS PERMITTING THE CONVERTING OF A "MINUS LEAVE CREDIT" TO A ,ZERO BALANCE" AS OF AUGUST 31, 1946. ON THAT BASIS, IT WOULD SEEM THAT THE ORIGINAL REGULATIONS ISSUED UNDER THE ARMED FORCES LEAVE ACT OF 1946 PROPERLY MIGHT HAVE PROVIDED THAT IN ANY CASE WHERE RECOMPUTATION OF AN ENLISTED MAN'S LEAVE UNDER THE 1946 ACT RESULTS IN A MINUS LEAVE CREDIT AS OF AUGUST 31, 1946, SUCH MINUS LEAVE CREDIT MAY BE CONVERTED INTO A ZERO BALANCE. MOREOVER, WHILE THE ARMED FORCES LEAVE ACT OF 1946 GRANTS ENLISTED MEN LEAVE AT THE RATE OF 2 1/2 DAYS PER MONTH FROM AND AFTER SEPTEMBER 8, 1939, THERE IS NO PROVISION IN THE SAID ACT, OR OTHERWISE, WHICH DEPRIVES ENLISTED MEN OF OTHERWISE PROPER PAY AND ALLOWANCES FOR AUTHORIZED LEAVE OF ABSENCE PRIOR TO AUGUST 31, 1946, EVEN THOUGH IN EXCESS OF 2 1/2 DAYS PER MONTH. COMPARE 26 COMP. GEN. 523, AND SECTION 1 OF THE ACT OF AUGUST 4, 1947, AMENDING SECTION 4 OF THE ARMED FORCES LEAVE ACT OF 1946, SO AS TO PROVIDE THAT AFTER AUGUST 31, 1946, WHEN THE SECRETARY AUTHORIZES MEMBERS TO BE ABSENT IN EXCESS OF THE NUMBER OF DAYS' LEAVE AUTHORIZED BY THIS ACT, THEY SHALL NOT BE ENTITLED TO ANY PAID AND ALLOWANCES DURING SUCH ABSENCE.

IN VIEW OF THE FOREGOING, THIS OFFICE IS NOT REQUIRED TO QUESTION THE REGULATIONS CONTAINED IN BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 2- 47, SUPRA, INSOFAR AS THEY PROVIDE FOR THE ELIMINATION OF MINUS LEAVE CREDITS IN THE RECORDS OF ENLISTED MEN AS OF SEPTEMBER 1, 1946, WHERE SUCH MINUS LEAVE CREDITS AROSE FROM ANY CAUSE, INCLUDING REENLISTMENT LEAVE GRANTED INCIDENT TO A REENLISTMENT ENTERED INTO ON OR PRIOR TO AUGUST 9, 1946. HOWEVER, IN THE PARTICULAR CASE PRESENTED, IT APPEARS THAT THE ENLISTED MAN ACCRUED A MAXIMUM OF 8 DAYS' LEAVE FROM SEPTEMBER 1, 1946, TO THE DATE OF HIS DETACHMENT FROM DUTY, WHEREAS HE WAS PAID FOR 11 DAYS' TERMINAL LEAVE. ACCORDINGLY, AS REQUESTED IN THE REPLY TO THE EXCEPTION, THE EXCEPTION WILL BE REDUCED TO $10.95, REPRESENTING PAY AND LEAVE RATIONS FOR 3 DAYS' EXCESS LEAVE GRANTED SUBSEQUENT TO AUGUST 31, 1946.