B-79907, MARCH 2, 1949, 28 COMP. GEN. 486

B-79907, MARCH 2, 1949, 28 COMP. GEN. 486

PAY - ACTIVE DUTY - RESERVE OFFICER ORDERED TO COURSE OF INSTRUCTION A MEMBER OF THE OFFICERS' RESERVE CORPS WHO, UPON COMPLETION OF A COURSE OF INSTRUCTION TO WHICH ORDERED UNDER ACTIVE-DUTY ORDERS WHICH SPECIFIED A PERIOD OF LEAVE AND FIXED A DATE ON WHICH HE WOULD REVERT TO AN "INACTIVE STATUS," WAS PAID ACCRUED PAY AND ALLOWANCES THROUGH THE DATE OF COMPLETION OF THE COURSE PLUS A LUMP-SUM LEAVE PAYMENT, MAY NOT, IN ADDITION THERETO, BE PAID ACTIVE-DUTY PAY AND ALLOWANCES FOR THE PERIOD INTERVENING BETWEEN THE DATE OF COMPLETION OF THE COURSE AND THE DATE OF REVERSION TO AN "INACTIVE STATUS.' 4 COMP. GEN. 894, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. S. H. SMITH, U.S. ARMY, MARCH 2, 1949:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF THE OFFICE OF CHIEF OF FINANCE DATED SEPTEMBER 1, 1948, YOUR LETTER OF JUNE 11, 1948, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH, STATED IN FAVOR OF COLONEL ALBERT J. FEDALEI, FINANCE RESERVE, IN THE AMOUNT OF $175.20, REPRESENTING ACTIVE DUTY PAY AND ALLOWANCES FOR THE PERIOD JUNE 12 TO 19, 1948, FOLLOWING HIS COMPLETION OF A TRAINING COURSE AT THE ARMY FINANCE SCHOOL, ST. LOUIS, MISSOURI, AND HIS RETURN TO HIS HOME.

ORDERS (NUMBER 2-221-1EPMD) DATED FEBRUARY 19, 1948, ISSUED BY HEADQUARTERS, EASTERN PENNSYLVANIA MILITARY DISTRICT, SECOND ARMY, PHILADELPHIA, PENNSYLVANIA, TO COLONEL FEDALEI, 4503 CHESTER AVENUE, PHILADELPHIA, ARE, IN PERTINENT PART, AS FOLLOWS:

1. BY DIRECTION OF THE PRESIDENT YOU ARE ORDERED TO ACTIVE DUTY TRAINING AND ASSIGNED TO ORGANIZED RESERVE TRAINING DETACHMENT, HQ. EASTERN PENNSYLVANIA MILITARY DISTRICT, FOR RECORD PURPOSES ONLY, WITH STATION AS INDICATED IN (A) BELOW: CHART

A. STATION ---------------------------- ST. LOUIS, MO.

B. SCHOOL ----------------------------- ARMY FINANCE SCHOOL

C. CLASS NO. AND COURSE ------------- NUMBER 3, ASSOCIATE BASIC

D. STARTING DATE OF CLASS ------------- 9 MARCH 1948

E. DATE OF RANK ----------------------- 9 JANUARY 1948

F. EFFECTIVE DATE OF ACTIVE DUTY ------ 7 MARCH 1948

G. DATE YOU REVERT TO INACTIVE STATUS - 18 JUNE 1948

H. DAYS OF LEAVE AUTHORIZED ----------- 7

ON EFFECTIVE DATE OF ACTIVE DUTY (F) YOU WILL PROCEED FROM YOUR HOME TO STATION OF ACTIVE DUTY (A), REPORTING TO THE COMMANDANT OF SCHOOL (B) NOT LATER THAN TWO DAYS NOR EARLIER THAN FOUR DAYS BEFORE STARTING DATE OF CLASS (D) FOR ATTENDANCE AT CLASS NUMBER OF COURSE INDICATED (C). NECESSARY TRAVEL TIME TO AND FROM SCHOOL AND LEAVE INDICATED IN (H) ARE AUTHORIZED. NO PER DIEM AUTHORIZED. TRAVEL OF DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE ARE NOT AUTHORIZED. GOVERNMENT BACHELOR OFFICER QUARTERS ARE AVAILABLE. GOVERNMENT QUARTERS WILL NOT BE AVAILABLE TO DEPENDENTS. UPON COMPLETION OF THE COURSE, UNLESS SOONER RELIEVED, YOU WILL RETURN TO YOUR HOME AND REVERT TO INACTIVE STATUS ON DATE INDICATED IN (G). COMMANDER (B) WILL CAUSE OFFICER TO UNDERGO PHYSICAL EXAMINATIONS AS REQUIRED BY WD MEMO 600-150-1, 11 SEPTEMBER 1947 AND WILL CARRY OFFICER AS "ATTACHED FROM OTHER ORGANIZATIONS " ON ORGANIZATION MORNING REPORT. THE SAID ORDERS WERE AMENDED BY ORDERS DATED FEBRUARY 25, 1948, AS FOLLOWS:

1. SO MUCH OF LETTER ORDERS NUMBER 2-221-1EPMD THIS HEADQUARTERS DATED 19 FEBRUARY 1948 PERTAINING TO THE ABOVE RESERVE OFFICER WHICH READS "1DATE YOU REVERT TO INACTIVE STATUS--- 18 JUNE 1948" AND "1DAYS OF LEAVE AUTHORIZED:--- 7" IS AMENDED TO READ "1DATE YOU REVERT TO INACTIVE STATUS- -- 19 JUNE 1948" AND "1DAYS OF LEAVE AUTHORIZED:--- 8" OFFICE ORDER NO. 97, HEADQUARTERS, ARMY FINANCE SCHOOL, ARMY FINANCE CENTER, OFFICE OF THE CHIEF OF FINANCE, ST. LOUIS, MISSOURI, DATED JUNE 9, 1948, IS, IN PERTINENT PART, AS FOLLOWS:

1. THE FOLLOWING OFFICERS ORC RECALLED TO ACTIVE DUTY FOR PURPOSE OF ATTENDING ASSOCIATE BASIC FINANCE OFFICERS COURSE, CLASS E, HAVING COMPLETED TRAINING THIS DATE ARE RELIEVED FROM DUTY AS STUDENT ASSOCIATE BASIC FINANCE OFFICERS COURSE, CLASS 3. RANK NAME ASN

BRANCH COL ALBERT J. FEDALEI O218832 FD RES

THE ORDERS OF FEBRUARY 19, 1948, SUPRA, APPARENTLY WERE BASED UPON THE ANNOUNCEMENT OF OFFICERS' BASIC ASSOCIATE COURSE, CLASS NO. 3, ARMY FINANCE SCHOOL, CONTAINED IN DIRECTIVE FROM THE OFFICE OF THE ADJUTANT GENERAL, WASHINGTON 25, D.C., DATED OCTOBER 13, 1947, FILE AGAM-PM 210.63 (9 OCT 47), IN PERTINENT PART, AS FOLLOWS:

1. TO IMPLEMENT THE GEROW PLAN FOR THE EDUCATION OF OFFICERS OF THE ARMY, THE CHIEF OF FINANCE ANNOUNCES THE ESTABLISHMENT OF THE OFFICERS' BASIC ASSOCIATE COURSE, CLASS NO. 3.

2. THE OFFICERS' BASIC ASSOCIATE COURSE WILL BE 3 MONTHS DURATION, STARTING ON 10 MARCH 1948 AND ENDING 9 JUNE 1948, AND WILL BE CONDUCTED AT THE ARMY FINANCE SCHOOL, ARMY FINANCE CENTER, OCF, ST. LOUIS 20, MISSOURI.

IT APPEARS THAT UPON COMPLETION OF THE COURSE OF INSTRUCTION ON JUNE 9, 1948, THE OFFICER WAS PAID ACCRUED PAY AND ALLOWANCES, ADVANCE PAYMENT OF PAY AND ALLOWANCES THROUGH JUNE 11, 1948, TO COVER TRAVEL TIME TO HIS HOME, AND LUMP-SUM PAYMENT FOR NINE DAYS' LEAVE, PLUS ADVANCE PAYMENT OF MILEAGE TO HIS HOME. YOU STATE THAT THE OFFICER INDICATED HIS INTENT TO COMMENCE TRAVEL TO HIS HOME UPON COMPLETION OF THE COURSE OF INSTRUCTION. ALSO, YOU INDICATE THAT HIS PRESENT CLAIM IS ASSERTED UNDER THE PROVISIONS OF PARAGRAPH 2B (2), AR 35-3420 DATED FEBRUARY 6, 1946, WHICH READS AS FOLLOWS:

A RESERVE OFFICER ORDERED TO ACTIVE DUTY UNDER SECTION 37A OF THE NATIONAL DEFENSE ACT, AS AMENDED, FOR TRAINING FOR A PERIOD EXTENDING BETWEEN TWO DATES, BOTH INCLUSIVE, IS ENTITLED TO ACTIVE DUTY PAY FOR THE ENTIRE PERIOD COVERED BY HIS ORDERS, NOTWITHSTANDING HE WAS PERMITTED TO RETURN TO HIS HOME BEFORE THE LAST DATE COVERED BY HIS ORDERS DUE TO COMPLETION OF THE COURSE, BUT HAD NOT BEEN RELIEVED FROM ACTIVE DUTY BY COMPETENT AUTHORITY. SEE 4 COMP. GEN. 894.

IN THE DECISION CITED IN THE SAID REGULATION THERE WAS CONSIDERED THE CASE OF A RESERVE OFFICER WHO WAS ORDERED TO ACTIVE DUTY FOR TRAINING FOR THE PERIOD JULY 6 TO 20, 1924, BOTH DATES INCLUSIVE. UPON COMPLETION OF THE TRAINING, IF NOT SOONER RELIEVED, THE OFFICER INVOLVED AND THE OTHER RESERVE OFFICERS AT THE TRAINING CAMP WERE DIRECTED TO RETURN TO THEIR RESPECTIVE HOMES SO AS TO ARRIVE THEREAT ON JULY 20, 1924, UPON WHICH DATE THEY WERE TO STAND RELIEVED FROM FURTHER ACTIVE DUTY. THE CAMP WAS CLOSED ON JULY 19, 1924, THE RESERVE OFFICERS WERE GIVEN AUTHORITY TO RETURN TO THEIR HOMES, AND ALL REGULAR PERSONNEL DEPARTED ON THE SAME DATE. THE OFFICER THERE CLAIMING PAY FOR JULY 20, 1924, LEFT THE CAMP AND ARRIVED AT HIS HOME TWO MILES AWAY ON THE 19TH AND THE QUESTION CONSIDERED WAS WHETHER, UNDER SUCH CIRCUMSTANCES, HE WAS ENTITLED TO ACTIVE DUTY PAY AND ALLOWANCES FOR THE 20TH. WITH RESPECT THERETO, THE SAID DECISION STATED:

IT APPEARS THAT CLAIMANT'S DEPARTURE FROM THE CAMP ON THE 19TH OF THE MONTH OCCURRED AFTER THE COMPLETION OF THE TRAINING COURSE AND THAT HIS ARRIVAL HOME ON THAT DAY WAS DUE TO THE FACT THAT HIS HOME, DAVENPORT, IOWA, WAS ONLY 2 MILES DISTANT FROM THE CAMP. THE SITUATION PRESENTED IS NOT ONE OF ACTUAL RELIEF FROM DUTY INVOLVING CURTAILMENT OF THE OFFICER'S PERIOD OF TRAINING, A CONTINGENCY SPECIFICALLY PROVIDED FOR BY THE ORDER, NOR IS IT IN ANY SENSE A GRANT OF LEAVE. THE COURSE FOR TRAINING HAVING BEEN ARRANGED TO TERMINATE AT A TIME TO PERMIT THOSE ATTENDING FROM THE GREATEST DISTANCE TO REACH HOME ON THE 20TH, THE MEMBERS RESIDING IN THE IMMEDIATE CAMP NECESSARILY HAD TO DEPART ALSO, BUT THAT DID NOT CHANGE THE TERMS OF THE ORDER WHICH WAS AN ASSIGNMENT TO ACTIVE DUTY TO INCLUDE JULY 20, 1924, UNLESS SOONER RELIEVED BY COMPETENT AUTHORITY.

IT IS SHOWN IN THE ABOVE-QUOTED LETTER OF OCTOBER 13, 1947, ANNOUNCING THE OFFICERS' ASSOCIATE BASIC COURSE, CLASS NO. 3, THAT SUCH COURSE WAS SCHEDULED FOR COMPLETION ON JUNE 9, 1948, AND IT SEEMS APPARENT FROM THE ORDERS OF FEBRUARY 19, 1948, SUPRA, THAT COLONEL FEDALEI WAS CALLED TO ACTIVE DUTY SOLELY FOR THE PURPOSE OF TAKING THAT COURSE. IT SEEMS APPARENT, ALSO, THAT HIS ORDERS, AS AMENDED, CONTEMPLATED THAT THE PERIOD OF HIS ACTIVE DUTY WOULD BE TERMINATED UPON THE COMPLETION OF THE COURSE AND THE EXPIRATION OF THE TIME REQUIRED (TWO DAYS) FOR HIS RETURN HOME, AND THAT HE WOULD BE PAID ACTIVE-DUTY PAY AND ALLOWANCES ACCORDINGLY, PLUS PAY AND ALLOWANCES FOR EIGHT DAYS' LEAVE. CF. GIBSON V. UNITED STATES, 47 C.1CLS. 554. SINCE THE SCHEDULE CALLED FOR THE COMPLETION OF THE COURSE ON JUNE 9, 1948, THERE WAS NO PURPOSE TO BE OBSERVED BY PROVIDING FOR THE TERMINATION OF ACTIVE DUTY ON JUNE 19, 1948, OTHER THAN TO INDICATE AN INTENTION THAT THE OFFICER WAS TO BE PAID FOR EIGHT DAYS' LEAVE, IN ADDITION TO PAY AND ALLOWANCES, THROUGH JUNE 11, 1948. IN THAT CONNECTION, IT IS TO BE NOTED THAT THE AMENDATORY ORDERS OF FEBRUARY 25, 1948, CHANGED THE EFFECTIVE DATE OF REVERSION TO "INACTIVE STATUS" FROM JUNE 18 TO JUNE 19, 1948, AND MADE A CORRESPONDING CHANGE IN THE NUMBER OF DAYS OF LEAVE INDICATED. HENCE, THE SAID ORDER OF FEBRUARY 19, 1948, AS AMENDED, CLEARLY DID NOT CONTEMPLATE THAT THE OFFICER WOULD BE PAID ACTIVE -DUTY PAY AND ALLOWANCES THROUGH JUNE 19, 1948, IN ADDITION TO A LUMP-SUM PAYMENT FOR EIGHT (OR NINE) DAYS' LEAVE. IN ANY EVENT, IF LITERAL EFFECT IS GIVEN THE ORDERS OF FEBRUARY 19, 1948, AS AMENDED, SUPRA, THEN THE OFFICER WAS IN AN ACTIVE-DUTY STATUS FROM MARCH 7 THROUGH JUNE 19, 1948, AND WAS ON LEAVE FOR EIGHT DAYS DURING SUCH PERIOD. AND, IF HE WAS ON SUCH LEAVE, OBVIOUSLY THE SAID LEAVE COULD NOT BE INCLUDED IN THE COMPUTATION OF THE LUMP-SUM LEAVE PAYMENT DUE HIM. IN OTHER WORDS, BY STRICTLY FOLLOWING THE TERMS OF THE ORDERS IT MIGHT BE CONSIDERED THAT THE OFFICER WAS ENTITLED TO PAY AND ALLOWANCE AS IN A LEAVE STATUS DURING THE PERIOD JUNE 12 TO 19, 1948. HOWEVER, SINCE THE OFFICER ALREADY HAS RECEIVED A LUMP-SUM PAYMENT FOR HIS ACCRUED LEAVE WHICH IS GREATER THAN THE AMOUNT OF THE PAY AND ALLOWANCES WHICH WOULD ACCRUE TO HIM FOR THE LEAVE INDICATED IN HIS ORDERS, IT IS EVIDENT THAT THERE IS NOTHING FURTHER DUE THE OFFICER UNDER THE SAID ORDERS OF FEBRUARY 19, 1948, AS AMENDED, SUPRA. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.