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B-207339 1 (1983-02-08)

handle is hein.gao/gaobadkwq0001 and id is 1 raw text is: OECISION f FILE: B-207339 THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON. 0. C. 20548 DATE: February 8, 1983 MATTER OF: Major Robert L. Robbins, USAF Air Force reservist who served 355 days of active duty and 10 periods of inactive duty training in fiscal year 1981 is entitled to receive pay for all service performed. Although active duty pay is paid on a daily basis inactive duty pay is paid for drill sessions which may be less than a day. There- fore, in the absence of regulations to the contrary the total pay need not be restricted based on the combined total. AnAccounting and Finance Officer, United States Air Force Accounting and Finance Center, has requested a decision on the validity of a military pay order for active duty pay for Major Robert L. Robbins, USAFR, which would result in payment to him of more than 360 days' basic pay for fiscal year 1981. Because the pay is a combination of less than 360 days' basic pay for active duty plus 10 days' compensation for inactive duty the payment is authorized. The Air Force declined to pay Major Robbins for 5 days of the active duty he served during 1981, citing 5 U.S.C. § 5505. This provision establishes a general rule that individuals who perform active duty for a calendar month or more shall be paid as if the calendar month had 30 days. This law was interpreted to mean that Major Robbins' combined active duty and inactive duty training pay for 1981 could not exceed pay for 360 days. During fiscal year 1981, Major Robbins performed 10 periods of inactive duty training on 5 days between two assignments to active duty which covered the rest of the fiscal year. From October 1, 1980, to March 27, 1981, and again from April 3 through September 30, 1981, Major Robbins served under orders in active duty status at the Consolidated Reserve Personnel Office in Denver, Colorado. As indicated, he was not paid for his last 5 days of active duty based upon an interpretation of 5 U.S.C. 5 5505, that a member may not receive more than 360 days' pay during a fiscal year. DIGEST:

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