B-99532, DECEMBER 15, 1950, 30 COMP. GEN. 241

B-99532: Dec 15, 1950

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LEAVES OF ABSENCE - ANNUAL - CIVILIAN EMPLOYEE RESERVISTS ON ACTIVE MILITARY DUTY CIVILIAN EMPLOYEE MEMBERS OF THE OFFICERS' RESERVE CORPS OR THE ENLISTED RESERVE CORPS WHO ARE ORDERED TO ACTIVE DUTY FOR PURPOSES OTHER THAN TRAINING AND ARE GRANTED ANNUAL LEAVE FROM THEIR CIVILIAN POSITIONS MAY RECEIVE. 1950: REFERENCE IS MADE TO LETTER DATED NOVEMBER 16. REQUESTING A DECISION UPON THE FOLLOWING QUESTIONS INVOLVING THE GRANTING OF ANNUAL LEAVE TO EMPLOYEES WHO ARE MEMBERS OF RESERVE COMPONENTS OF THE ARMY. WHO HAVE BEEN ORDERED TO ACTIVE DUTY. AS DISTINGUISHED FROM TRAINING DUTY FOR WHICH THEY ARE ENTITLED TO 15 DAYS' MILITARY LEAVE. WHO IS ORDERED TO ACTIVE DUTY. IF DUAL COMPENSATION IS INVOLVED AND IT IS REQUIRED THAT EMPLOYEES BE CARRIED IN AN ADMINISTRATIVE NON-PAY STATUS.

B-99532, DECEMBER 15, 1950, 30 COMP. GEN. 241

LEAVES OF ABSENCE - ANNUAL - CIVILIAN EMPLOYEE RESERVISTS ON ACTIVE MILITARY DUTY CIVILIAN EMPLOYEE MEMBERS OF THE OFFICERS' RESERVE CORPS OR THE ENLISTED RESERVE CORPS WHO ARE ORDERED TO ACTIVE DUTY FOR PURPOSES OTHER THAN TRAINING AND ARE GRANTED ANNUAL LEAVE FROM THEIR CIVILIAN POSITIONS MAY RECEIVE, UNDER SECTION 1 (B) OF THE ACT OF MAY 12, 1917, AS AMENDED, THE COMPENSATION OF THEIR CIVILIAN POSITIONS FOR THE PERIOD OF SUCH ANNUAL LEAVE IN ADDITION TO THE PAY AND ALLOWANCES AUTHORIZED FOR THE MILITARY DUTY, WITHOUT REGARD TO THE DUAL COMPENSATION LAWS.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, DECEMBER 15, 1950:

REFERENCE IS MADE TO LETTER DATED NOVEMBER 16, 1950, FROM THE DEPUTY ADMINISTRATOR, REQUESTING A DECISION UPON THE FOLLOWING QUESTIONS INVOLVING THE GRANTING OF ANNUAL LEAVE TO EMPLOYEES WHO ARE MEMBERS OF RESERVE COMPONENTS OF THE ARMY, NAVY, AND AIR FORCE, AND WHO HAVE BEEN ORDERED TO ACTIVE DUTY, AS DISTINGUISHED FROM TRAINING DUTY FOR WHICH THEY ARE ENTITLED TO 15 DAYS' MILITARY LEAVE---

1. WOULD THE GRANTING OF ANNUAL LEAVE AND THE PAYMENT OF COMPENSATION THEREFOR TO A RESERVIST, WHO IS ORDERED TO ACTIVE DUTY, AS DISTINGUISHED FROM DUTY FOR TRAINING AND INSTRUCTION PURPOSES, FOR THE PERIOD OCTOBER 2 THROUGH OCTOBER 4, 1950 FOR THE PURPOSE OF UNDERGOING PHYSICAL EXAMINATION, FOLLOWED BY A RETURN TO DUTY IN THE EMPLOYEE'S CIVILIAN POSITION FOR THE PERIOD FROM OCTOBER 5 THROUGH OCTOBER 15 AND ORDERS TO EXTENDED ACTIVE MILITARY DUTY ON OCTOBER 16, 1950, BE IN CONTRAVENTION OF THE PROVISIONS OF THE DUAL COMPENSATION STATUTES?

2. IF DUAL COMPENSATION IS INVOLVED AND IT IS REQUIRED THAT EMPLOYEES BE CARRIED IN AN ADMINISTRATIVE NON-PAY STATUS, WOULD THIS PERIOD OF ACTIVE DUTY BE CREDITABLE IN THE COMPUTATION OF A PERIODIC STEP INCREASE AS COMING WITHIN THE PURVIEW OF SECTION 25.11 (E) (4), PART 25, CHAPTER Z1, FEDERAL PERSONNEL MANUAL?

3. WOULD THE GRANTING OF ANNUAL LEAVE AND THE PAYMENT OF COMPENSATION THEREFOR TO PHYSICIANS, WHO ARE CIVILIAN EMPLOYEES AND WHO ARE MEMBERS OF RESERVE COMPONENTS OF THE MILITARY OR NAVAL SERVICE AND WHO HAVE BEEN ORDERED TO ACTIVE DUTY FOR ONE DAY FOR THE PURPOSE OF ASSISTING IN THE MAKING OF PHYSICAL EXAMINATIONS OF INDUCTEES AND RESERVISTS, BE IN CONTRAVENTION OF THE PROVISIONS OF THE DUAL COMPENSATION STATUTES?

4. WOULD THE GRANTING OF ANNUAL LEAVE AND THE PAYMENT OF COMPENSATION THEREFOR TO A PHYSICIAN EMPLOYED IN A CIVILIAN CAPACITY AND A MEMBER OF THE ARMY RESERVE CORPS, WHO IS ORDERED TO A TOUR OF ACTIVE DUTY FOR A PERIOD OF 15 DAYS TO ALLEVIATE THE SHORTAGE OF OFFICERS IN THE ARMY MEDICAL DEPARTMENT, THE ORDER HAVING BEEN ISSUED UNDER THE AUTHORITY OF SPECIAL REGULATIONS 140-210-10 WHICH AUTHORIZES PAYMENT FROM THE GENERAL APPROPRIATION FOR THE ARMY, AS DISTINGUISHED FROM RESERVE TRAINING FUNDS, BE IN CONTRAVENTION OF THE PROVISIONS OF THE DUAL COMPENSATION STATUTES?

SECTION 1 (B) OF THE ACT OF JULY 1, 1947, 61 STAT. 239, AMENDED THE ACT OF MAY 12, 1917 (10 U.S.C. 371 (B) (, TO READ AS FOLLOWS:

* * * THAT NO EXISTING LAW SHALL BE CONSTRUED TO PREVENT ANY MEMBER OF THE OFFICERS' RESERVE CORPS OR THE ENLISTED RESERVE CORPS FROM ACCEPTING EMPLOYMENT IN ANY CIVIL BRANCH OF THE PUBLIC SERVICE NOR FROM RECEIVING THE PAY INCIDENT TO SUCH EMPLOYMENT IN ADDITION TO ANY PAY AND ALLOWANCES TO WHICH HE MAY BE ENTITLED UNDER THE LAWS RELATING TO THE OFFICERS' RESERVE CORPS AND ENLISTED RESERVE CORPS, NOR AS PROHIBITING HIM FROM PRACTICING HIS CIVILIAN PROFESSION OR OCCUPATION BEFORE OR IN CONNECTION WITH ANY DEPARTMENT OF THE FEDERAL GOVERNMENT.

UNDER PROVISIONS SIMILAR TO THE ABOVE, APPEARING IN NAVAL RESERVE ACTS, IT HAS BEEN HELD THAT MEMBERS OF THE NAVAL RESERVE ARE ENTITLED TO PAY FOR ANNUAL LEAVE GRANTED IN ADDITION TO THEIR MILITARY PAY IRRESPECTIVE OF WHETHER THE ANNUAL LEAVE IS GRANTED FOR TRAINING DUTY IN EXCESS OF THE 15 DAYS' MILITARY LEAVE AVAILABLE FOR THAT PURPOSE, OR WHETHER FOR ACTIVE DUTY OTHER THAN FOR TRAINING AND INSTRUCTION. SEE 19 COMP. GEN. 880; 20 ID. 151. ALSO, IN OFFICE DECISION OF OCTOBER 27, 1947, 27 COMP. GEN. 245, REFERRED TO IN THE LETTER FROM THE DEPUTY ADMINISTRATOR, IT WAS HELD THAT UNDER THE ACT OF MAY 12, 1917, AS AMENDED, SUPRA, MEMBERS OF THE OFFICERS' RESERVE CORPS OR ENLISTED RESERVE CORPS OF THE ARMY, WHO ARE GRANTED ANNUAL LEAVE UPON THE EXPIRATION OF THE 15 DAYS' MILITARY LEAVE AUTHORIZED BY LAW, FOR THE PURPOSE OF PERFORMING FURTHER MILITARY DUTY, ARE ENTITLED TO RECEIVE THE COMPENSATION OF THEIR CIVILIAN POSITIONS FOR THE PERIOD OF SUCH ANNUAL LEAVE IN ADDITION TO THE PAY AND ALLOWANCES AUTHORIZED FOR THE MILITARY DUTY, WITHOUT REGARD TO THE DUAL COMPENSATION LAWS.

WHILE THE DECISION OF OCTOBER 27, 1947, INVOLVED MILITARY TRAINING DUTY, THERE IS PERCEIVED NO REASON WHY IT SHOULD NOT BE EXTENDED TO COVER MILITARY DUTY OTHER THAN FOR TRAINING AND INSTRUCTION SUCH AS IN THE CASES INVOLVING THE NAVAL RESERVE. ACCORDINGLY, QUESTIONS 1, 3, AND 4 ARE ANSWERED IN THE NEGATIVE, WHICH ANSWER RENDERS UNNECESSARY ANY ANSWER TO QUESTION NO. 2.