B-95189, NOVEMBER 20, 1950, 30 COMP. GEN. 194

B-95189: Nov 20, 1950

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LEAVES OF ABSENCE - MILITARY - CASH SETTLEMENT - RELEASE FROM ENLISTMENT CONTRACT TO ACCEPT COMMISSION A CASH SETTLEMENT FOR UNUSED LEAVE TO THE CREDIT OF A NAVAL RESERVE AVIATION CADET UPON RELEASE FROM HIS ENLISTMENT CONTRACT AND ACCEPTANCE OF AN APPOINTMENT AS ENSIGN IN THE NAVAL RESERVE IS PROHIBITED BY SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946. 1950: REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. IT WILL BE NOTED THAT SECTION 4 (C). SPECIFICALLY PROVIDES THAT NO CASH SETTLEMENT SHALL BE MADE TO ANY MEMBER WHO IS DISCHARGED FOR THE PURPOSE OF ACCEPTING A COMMISSION IN HIS RESPECTIVE BRANCH OF THE ARMED FORCES. HAD ADVISED THIS OFFICE THAT YOU WERE RELEASED FROM YOUR ENLISTMENT CONTRACT IN THE U.S.

B-95189, NOVEMBER 20, 1950, 30 COMP. GEN. 194

LEAVES OF ABSENCE - MILITARY - CASH SETTLEMENT - RELEASE FROM ENLISTMENT CONTRACT TO ACCEPT COMMISSION A CASH SETTLEMENT FOR UNUSED LEAVE TO THE CREDIT OF A NAVAL RESERVE AVIATION CADET UPON RELEASE FROM HIS ENLISTMENT CONTRACT AND ACCEPTANCE OF AN APPOINTMENT AS ENSIGN IN THE NAVAL RESERVE IS PROHIBITED BY SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, WHICH REQUIRES, UNDER THE FOREGOING CIRCUMSTANCES, THAT ANY UNUSED LEAVE TO THE CREDIT OF THE CADET SHALL BE CARRIED FORWARD TO HIS NEW STATUS AS AN ENSIGN.

ASSISTANT COMPTROLLER GENERAL YATES TO STANLEY D. BROKHAUSEN, NOVEMBER 20, 1950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1950, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF THE CLAIMS DIVISION OF THIS OFFICE DATED MARCH 3, 1950, WHICH DISALLOWED YOUR CLAIM FOR LEAVE ACCRUED AS AN AVIATION CADET, U.S. NAVAL RESERVE, DURING THE PERIOD JULY 3, 1944, TO APRIL 11, 1947, THE DATE ON WHICH YOU ACCEPTED APPOINTMENT AS AN ENSIGN, U.S. NAVAL RESERVE.

SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT OF 1946, AS ADDED BY SECTION 1 OF THE ACT OF AUGUST 4, 1947, 61 STAT. 748, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

ANY MEMBER OF THE ARMED FORCES DISCHARGED AFTER AUGUST 31, 1946, HAVING UNUSED ACCRUED LEAVE STANDING TO HIS CREDIT AT TIME OF DISCHARGE SHALL BE COMPENSATED FOR SUCH UNUSED LEAVE IN CASH ON THE BASIS OF THE BASE AND LONGEVITY PAY, AND ALLOWANCES, APPLICABLE TO SUCH MEMBER ON THE DATE OF DISCHARGE INCLUDING FOR ENLISTED PERSONS THE ALLOWANCES AS PROVIDED FOR SUCH ENLISTED PERSONS IN SUBSECTION (A) OF THIS SECTION: PROVIDED, THAT NO CASH SETTLEMENT SHALL BE MADE TO ANY MEMBER (1) DISCHARGED FOR THE PURPOSE OF ACCEPTING A COMMISSION OR WARRANT OF ENTERING INTO AN ENLISTMENT IN HIS RESPECTIVE BRANCH OF THE ARMED FORCES * * *. A MEMBER EXCLUDED FROM CASH SETTLEMENT BY THE FOREGOING PROVISION * * * SHALL CARRY ANY UNUSED ACCRUED LEAVE STANDING TO HIS CREDIT FROM ONE STATUS TO ANOTHER WITHIN HIS RESPECTIVE BRANCH OF THE ARMED FORCES. * * * (ITALICS SUPPLIED)

SECTION 3 (B) OF THE SAID ACT, AS ADDED BY SECTION 1 OF THE ACT OF SEPTEMBER 23, 1950, PUBLIC LAW 818, 64 STAT. 978, PROVIDES, IN PART, AS FOLLOWS:

* * * THAT NO CASH SETTLEMENT SHALL BE MADE FOR UNUSED OR ACCUMULATED LEAVE IN EXCESS OF SIXTY DAYS UPON DISCHARGE OR RETIRMENT SUBSEQUENT TO AUGUST 31, 1946.

IT WILL BE NOTED THAT SECTION 4 (C), SUPRA, SPECIFICALLY PROVIDES THAT NO CASH SETTLEMENT SHALL BE MADE TO ANY MEMBER WHO IS DISCHARGED FOR THE PURPOSE OF ACCEPTING A COMMISSION IN HIS RESPECTIVE BRANCH OF THE ARMED FORCES. THE CHIEF OF NAVAL PERSONNEL, DEPARTMENT OF THE NAVY, HAD ADVISED THIS OFFICE THAT YOU WERE RELEASED FROM YOUR ENLISTMENT CONTRACT IN THE U.S. NAVAL RESERVE ON APRIL 10, 1947, TO ACCEPT A COMMISSION AS ENSIGN, U.S. NAVAL RESERVE. HENCE, UNDER THE EXPRESS PROVISIONS OF SECTION 4 (C) OF THE ARMED FORCES LEAVE ACT, A CASH SETTLEMENT FOR UNUSED LEAVE TO YOUR CREDIT UPON DISCHARGE AS AN AVIATION CADET AND ACCEPTANCE OF APPOINTMENT AS AN ENSIGN IS PROHIBITED. HOWEVER, IT IS ASSUMED THAT ANY UNUSED LEAVE TO YOUR CREDIT AS AN AVIATION CADET WAS CARRIED FORWARD UPON YOUR APPOINTMENT AS ENSIGN. IN ANY EVENT, SINCE IT APPEARS THAT YOU WERE COMPENSATED FOR 60 DAYS' UNUSED LEAVE OR RELEASE FROM ACTIVE DUTY AS ENSIGN ON MARCH 31, 1950, WHICH IS THE MAXIMUM AMOUNT THAT A MEMBER MAY BE PAID UPON DISCHARGE, THE SETTLEMENT OF MARCH 3, 1950, IS CORRECT AND MUST BE SUSTAINED. YOUR CLAIM FOR 4 DAYS' ADDITIONAL PAY AND ALLOWANCES, AS WELL AS YOUR CLAIM FOR TRANSPORTATION OF DEPENDENTS, IS BEING CONSIDERED IN THE CLAIMS DIVISION OF THIS OFFICE AND YOU WILL BE ADVISED WITH RESPECT TO SUCH CLAIMS IN THE NEAR FUTURE.