B-135500, AUGUST 26, 1958, 38 COMP. GEN. 155

WHO IS SPECIFICALLY PROHIBITED UNDER 19 U.S.C. 1330 (C) FROM ENGAGING IN ANY OTHER EMPLOYMENT WHILE HOLDING THE POSITION OF COMMISSIONER IS SPECIFICALLY AUTHORIZED UNDER 5 U.S.C. 30R. THE RESERVE OFFICER IS REQUIRED UNDER 5 U.S.C. 30R (D) TO BE CONSIDERED AN OFFICER OF THE UNITED STATES AND SINCE AS COMMISSIONER HE IS NOT ON A FIXED LEAVE BASIS HIS STATUS FOR ACTIVE DUTY MILITARY PAY AND ALLOWANCES IS TOO DOUBTFUL TO PERMIT PAYMENT. THE SUPPLEMENTAL INFORMATION FURNISHED INFORMALLY IN CONNECTION WITH THE CASE ARE AS FOLLOWS: ON JANUARY 14. CAPTAIN SUTTON IS NOT SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951. IS HE ENTITLED TO BE PAID BOTH THE MILITARY PAY AND ALLOWANCES AND THE PAY OF HIS CIVILIAN POSITION DURING THE PERIOD OF TEMPORARY ACTIVE MILITARY SERVICE?