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B-214534 1 (1984-09-05)

handle is hein.gao/gaobadlwv0001 and id is 1 raw text is: OuCIaION FILE: B-214534 THE COMPTROLLER OINERAL OP THE UNITED SITATUS WASHINGTON 0. OC. 20546 DATE: September 5, 1984 MATTER OF: Lieutenant Commander Charles E. Sullivan, Jr., USNR DIGEST: A Navy Reserve officer claims pay for 2-1/2 days of accrued leave on the basis that he performed 30 days of active duty for train- ing. However, during 13 of those days he was in a voluntary non-pay status. The regulations that implement the applicable leave statute require that a member perform 30 consecutive days of active duty while in pay status in order to be entitled to leave. Since that regulation is reasonably con- sistent with the purpose and intent of the statute, it is not overly restrictive, and the member is not entitled to leave pay. Lieutenant Commander Charles E. Sullivan, Jr., United States Naval Reserve, appeals the October 28, 1983 settlement of our Claims Group by which his claim for pay for 2-1/2 days of military leave was denied. Upon review of this case, we conclude that Commander Sullivan is not entitled to leave pay because the 30-day period of active duty upon which his claim is based was partially voluntary duty without pay so that under the applicable regulation he did not accrue leave for the 30-day period. Background Commander Sullivan served on active duty for train- ing under two orders for two consecutive periods total- ing 30 days. For the first 17-day period he served in a pay status from November 1 through November 17, 1981, following which he served on active duty for training without pay for the 13-day period from November 18 through November 30, 1981. Because he served on active duty for 30 consecutive days, Commander qullivan is of the opinion that under the provisions of/10 U.S.C. S 701(a)/, he accrued 2-1/2 days of leave for which he was entitled to be paid, under 37 U.S.C. S 501, upon his release from active duty. The Navy disallowed his claim for the 2-1/2 days' pay on the basis that paragraph 80206 of the Military Pay and Allowances Entitlements Manual/provides that a Q0\qq0

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