B-86636, MAY 18, 1961

B-86636: May 18, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

LOY: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24. YOU WERE DIRECTED. THE ORDERS WERE MODIFIED FEBRUARY 11. " AND YOU WERE AUTHORIZED A MAXIMUM OF 30 DAYS' PAY AND ALLOWANCES IN CASE YOUR DEBARKATION WAS DELAYED UNTIL MARCH 21. YOU WERE DETACHED FROM THIS VESSEL AT 1000. YOU WERE PAID FOR ONE MONTH AND TWO DAYS. THAT ALL TRAINING DUTY ORDERS PRESCRIBE A MAXIMUM PERIOD OF TRAINING AND PAYMENT FOR TRAVEL TIME IS ALWAYS IN ADDITION TO SUCH LIMITATION. WHICH WAS IN EFFECT DURING THE PERIOD INVOLVED. SINCE YOU ACCEPTED THE ORDERS FOR DUTY IN EXCESS OF 15 DAYS YOU PRESUMABLY CONCURRED IN THEIR TERMS AND WERE BOUND TO PERFORM THE DUTY IN ACCORDANCE THEREWITH. INCLUDING THE MODIFICATION ISSUED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AUTHORIZING A MAXIMUM OF 30 DAYS' PAY AND ALLOWANCES IN CASE YOUR DEBARKATION WAS DELAYED UNTIL MARCH 21.

B-86636, MAY 18, 1961

TO MR. THOMAS H. LOY:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 24, 1961, REQUESTING RECONSIDERATION OF THAT PART OF OUR SETTLEMENT DATED JUNE 6, 1960, WHICH SET OFF THE AMOUNT OF $31.37 FOR PAY AND ALLOWANCES FOR TWO DAYS FROM AN AMOUNT DUE YOU FOR ACCRUED LEAVE INCIDENT TO A PERIOD OF TRAINING DUTY AS LIEUTENANT COMMANDER, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED FEBRUARY 9, 1949, YOU WERE DIRECTED, IF FOUND PHYSICALLY FIT AND FULFILLED CERTAIN REQUIREMENTS, TO REPORT TO THE COMMANDING OFFICER, NAVAL TRAINING STATION, NEWPORT, RHODE ISLAND, FOR FURTHER ASSIGNMENT TO THE U.S.S. KEARSARGE PRIOR TO 1600, FEBRUARY 20, 1949, FOR 28 DAYS' TRAINING DUTY. THE ORDERS PROVIDED THAT YOU WOULD BE ENTITLED TO PAY AND ALLOWANCES DURING THE PERIOD OF TRAINING DUTY STATED, PLUS THE REQUIRED TRAVEL TIME TO AND FROM NEWPORT. THE ORDERS WERE MODIFIED FEBRUARY 11, 1949, IN ACCORDANCE WITH "BUPERS DESP 101842Z OF FEBRUARY 1949," AND YOU WERE AUTHORIZED A MAXIMUM OF 30 DAYS' PAY AND ALLOWANCES IN CASE YOUR DEBARKATION WAS DELAYED UNTIL MARCH 21, 1949. THE ENDORSEMENTS ON YOUR ORDERS SHOW THAT YOU LEFT YOUR HOME IN ARLINGTON, VIRGINIA, AT 2100, FEBRUARY 19, 1949, AND REPORTED ON BOARD THE U.S.S. KEARSARGE AT 1400, FEBRUARY 20, 1949. YOU WERE DETACHED FROM THIS VESSEL AT 1000, MARCH 21, 1949, AND ARRIVED AT YOUR HOME IN ARLINGTON, MARCH 22, 1949. YOU WERE PAID FOR ONE MONTH AND TWO DAYS. YOU CONTEND THAT YOUR ORDERS AUTHORIZED ACTIVE DUTY PAY AND ALLOWANCES FOR THE AUTHORIZED PERIOD OF TRAINING PLUS TRAVEL TIME, AND THAT ALL TRAINING DUTY ORDERS PRESCRIBE A MAXIMUM PERIOD OF TRAINING AND PAYMENT FOR TRAVEL TIME IS ALWAYS IN ADDITION TO SUCH LIMITATION.

SECTION 315 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1184, 34 U.S.C., 1946 ED., 855N, WHICH WAS IN EFFECT DURING THE PERIOD INVOLVED, PROVIDED THAT MEMBERS OF THE NAVAL RESERVE COULD BE REQUIRED TO PERFORM TRAINING DUTY, NOT TO EXCEED 15 DAYS ANNUALLY, AS MIGHT BE PRESCRIBED AND ADDITIONAL TRAINING OR OTHER DUTY, EITHER WITH OR WITHOUT PAY, AS MIGHT BE AUTHORIZED WITH THE MEMBERS' CONSENT. SINCE YOU ACCEPTED THE ORDERS FOR DUTY IN EXCESS OF 15 DAYS YOU PRESUMABLY CONCURRED IN THEIR TERMS AND WERE BOUND TO PERFORM THE DUTY IN ACCORDANCE THEREWITH, INCLUDING THE MODIFICATION ISSUED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS AUTHORIZING A MAXIMUM OF 30 DAYS' PAY AND ALLOWANCES IN CASE YOUR DEBARKATION WAS DELAYED UNTIL MARCH 21, 1949. YOUR ORIGINAL ORDERS FOR 28 DAYS OF TRAINING DUTY PLUS TRAVEL TIME (TWO DAYS) IN EFFECT WAS AN AUTHORIZATION FOR 30 DAYS' PAY AND ALLOWANCES IN VIEW OF THE TRAVEL INVOLVED. OUR FILE DOES NOT CONTAIN A COPY OF THE BUREAU OF NAVAL PERSONNEL DISPATCH OF FEBRUARY 1949, CITED AS THE BASIS FOR THE MODIFICATION OF YOUR ORDERS, BUT APPARENTLY WHEN THE NAVY DEPARTMENT REALIZED YOUR DUTY MIGHT EXTEND BEYOND THE PERIOD ORIGINALLY CONTEMPLATED THE MODIFICATION WAS ISSUED SO THAT THERE WOULD BE NO MISUNDERSTANDING THAT PAY AND ALLOWANCES WERE NOT TO BE PAID FOR A PERIOD IN EXCESS OF 30 DAYS.

GENERALLY, AS YOU INDICATE, THE PAY STATUS OF A NAVAL RESERVIST ORDERED TO ACTIVE TRAINING DUTY WITH PAY INCLUDES NECESSARY TRAVEL TIME IN REPORTING TO SUCH DUTY AS WELL AS THE TIME REQUIRED TO RETURN TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY FOR TRAINING. HOWEVER, UNDER THE PROVISIONS OF SECTION 315 OF THE 1938 ACT A MEMBER, WITH HIS CONSENT, COULD BE ORDERED TO TRAINING DUTY IN EXCESS OF 15 DAYS, EITHER WITH OR WITHOUT PAY, AS MIGHT BE AUTHORIZED. UNDER SUCH PROVISIONS IF THE PERIOD OF TRAINING DUTY AUTHORIZED, INCLUDING THE NECESSARY TRAVEL TIME, EXCEEDS THE NUMBER OF DAYS FOR WHICH PAY AND ALLOWANCES ARE AUTHORIZED THEN THERE IS NO AUTHORITY TO ALLOW PAY FOR SUCH ADDITIONAL TIME. IN YOUR CASE THE ORDERS SPECIFICALLY AUTHORIZED A MAXIMUM OF 30 DAYS' PAY AND ALLOWANCES AND THE RECORD BEFORE US PRESENTS NO INDICATION OF ANY ADMINISTRATIVE INTENTION THAT PAYMENT FOR THE NECESSARY TRAVEL TIME WAS TO BE IN ADDITION TO SUCH MAXIMUM LIMITATION.

ACCORDINGLY, ON THE BASIS OF THE RECORD BEFORE US, THE ACTION TAKEN IN OUR SETTLEMENT OF JUNE 6, 1960, OF DEDUCTING THE TWO DAYS' OVERPAYMENT FROM AN AMOUNT DUE YOU FOR ACCRUED LEAVE WAS CORRECT AND IS SUSTAINED.