B-140916, OCT. 27, 1959

B-140916, OCT. 27, 1959

TO LIEUTENANT COLONEL M. S. LIPSKER, ACCOUNTING AND FINANCE OFFICER, UNITED STATES AIR FORCE:

YOUR LETTER OF SEPTEMBER 1, 1959, WITH ENCLOSURES, FORWARDED BY THE DEPUTY DIRECTOR OF ACCOUNTING AND FINANCE, COMPTROLLER, AS AIR FORCE REQUEST NO. 460, APPROVED BY THE DEPARTMENT OF DEFENSE, MILITARY PAY AND ALLOWANCE COMMITTEE, REQUESTS ADVANCE DECISIONS CONCERNING THE QUESTION OF ENTITLEMENT OF FIRST LIEUTENANT MOIKA A. RYSAVY,AO 300 3510, TO TWO ADDITIONAL DAYS' PAY (OCTOBER 19 AND 20, 1958), AS A RESERVIST FOR A PERIOD OF ACTIVE DUTY TRAINING.

THE MEMBER'S CLAIM IS BASED UPON PARAGRAPH 1, RESERVE ORDERS NO. 449, HEADQUARTERS 1100 AIR BASE WING (HEDCOM), BOLLING AIR FORCE BASE 25, D.C., SEPTEMBER 4, 1958, BY WHICH, INSOFAR AS HERE MATERIAL, THE OFFICER WAS ORDERED TO ACTIVE DUTY FOR 17 DAYS' SCHOOL TRAINING FOR THE PURPOSE OF ATTENDING THE RESERVE REFRESHER COURSE NO. OR 7324-1 (MAINTENANCE OF OFFICER PERSONNEL RECORDS), AT THE USAF TECHNICAL SCHOOL, LACKLAND AIR FORCE BASE, TEXAS. THE OFFICER WAS INSTRUCTED UNDER THE ORDERS TO PROCEED ON THE EFFECTIVE DATE OF THE TRAINING, OCTOBER 4, 1958, TO REPORT NOT LATER THAN 1200 HOURS, OCTOBER 6, 1958. THE ORDERS PROVIDED THAT UNLESS SOONER RELIEVED FROM TRAINING THE OFFICER WOULD BE RELIEVED IN SUFFICIENT TIME TO RETURN TO HIS PERMANENT ADDRESS AND REVERT TO INACTIVE STATUS WITH THE EFFECTIVE DATE OF RELIEF FROM TRAINING, OCTOBER 20, 1958.

INFORMATION CONTAINED IN YOUR LETTER AND ENCLOSURES DISCLOSES THAT THE OFFICER DID NOT COMPLY WITH THE ORDERS UNTIL OCTOBER 5, 1958, LEAVING HIS HOME BY COMMERCIAL AIRCRAFT AND ARRIVING AT LACKLAND AIR FORCE BASE ON THAT DATE, AND THAT HE WAS RELIEVED FROM TRAINING ON OCTOBER 17, 1958. WAS PAID FOR THE PERIOD OCTOBER 5 TO 18, 1958. COMPUTATION WAS BASED UPON DATE OF COMPLIANCE WITH ORDERS (OCTOBER 5, 1958), AND DATE OF RELEASE FROM TRAINING (OCTOBER 17, 1958), PLUS ONE DAY'S TRAVEL TIME BY COMMERCIAL AIR.

IT IS STATED THAT THE OFFICER'S CLAIM FOR PAY THROUGH OCTOBER 20, 1958, IS BASED ON "THE STATEMENT IN ORDERS THAT EVEN THOUGH TRAINING MAY HAVE BEEN TERMINATED ON A DATE EARLIER THAN CONTEMPLATED THE DURATION OF THE ACTIVE DUTY TOUR WAS NOT ALTERED PRIOR TO THE ESTABLISHED RELEASE DATE OF 20 OCTOBER 1958.' IT IS FURTHER STATED THAT ADMINISTRATIVE PAYMENT IS DENIED ON THE BASIS THAT THE OCTOBER 20, 1958, DATE WAS THE MAXIMUM ACTIVE DUTY PAY THAT COULD HAVE ACCRUED AND THAT THE STATEMENT IN ORDERS "UNLESS SOONER RELEASED FROM TRAINING" PROVIDED FOR AN EARLIER TERMINATION OF ACTIVE DUTY TOUR IN THE EVENT TRAINING AND TRAVEL WERE COMPLETED EARLIER.

AN APPROVED VOUCHER WITH SUPPORTING ORDERS IS ATTACHED TO YOUR SUBMISSION.

SECTION 201 (D) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 69 STAT. 19, 37 U.S.C. 232 (D), PROVIDES, IN PERTINENT PART, THAT:

"ALL MEMBERS OF THE UNIFORMED SERVICES WHEN ON THE ACTIVE LIST, WHEN ON ACTIVE DUTY, OR WHEN PARTICIPATING IN FULL-TIME TRAINING, TRAINING DUTY WITH PAY OR OTHER FULL-TIME DUTY * * * SHALL BE ENTITLED TO RECEIVE THE BASIC PAY OF THE PAY GRADE TO WHICH ASSIGNED * * *.'

AFM 173-22, CHAPTER 5, PARAGRAPHS 10501A., AND B., DATED DECEMBER 15, 1956, PROVIDES AS OLLOWS:

"10501. WHEN ENTITLED TO ACTIVE DUTY PAY

"A. A RESERVE OFFICER WHO PARTICIPATES IN A PERIOD OF TRAINING BETWEEN TWO DATES SPECIFIED IN ORDERS, BOTH INCLUSIVE, WILL BE ENTITLED TO ACTIVE DUTY PAY FOR THE ENTIRE PERIOD COVERED BY HIS ORDERS, EVEN THOUGH 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.)

"B. A MEMBER ORDERED TO ACTIVE DUTY FOR TRAINING WHO, AFTER ARRIVAL AT HIS TRAINING STATION, IS FOUND NOT PHYSICALLY QUALIFIED; OR SUBSEQUENTLY ORDERED "RELIEVED FROM ACTIVE DUTY TRAINING" BEFORE THE EXPIRATION DATE DESIGNATED IN HIS ORIGINAL ORDERS WILL BE CONSIDERED AS HAVING BEEN ON "ACTIVE TRAINING DUTY" AND ON AUTHORIZED TRAVEL TO AND FROM SUCH DUTY, AND WILL BE PAID ACTIVE DUTY PAY AND ALLOWANCES FOR THE READJUSTED PERIOD OF TRAINING AND TRAVEL INVOLVED. (SEE 10 COMP. GEN. 282.)"

THE ORDERS PROVIDED FOR THE CONTINGENCY OF RELEASE FROM ACTIVE DUTY AT A DATE EARLIER THAN THAT SPECIFIED THEREIN. SINCE IT IS STATED IN YOUR SUBMISSION THAT THE MEMBER WAS RELIEVED FROM TRAINING ON OCTOBER 17, IT MUST BE CONCLUDED THAT THE DURATION OF THE ACTIVE DUTY TOUR WAS THEREBY ALTERED PRIOR TO THE CONTEMPLATED RELEASE DATE OF OCTOBER 20, 1958. SINCE THE MEMBER ARRIVED AT THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY ON OCTOBER 18, THERE ARE NO PROVISIONS IN THE STATUTE OR THE REGULATIONS WHEREBY HE MAY BE ALLOWED PAY AND ALLOWANCES FOR OCTOBER 19 AND 20, 1958. HIS CASE IS GOVERNED BY PARAGRAPH 10501B., AFM 173-22, SUPRA. COMPARE 19 COMP. GEN. 282.