United States v. Andrews
Headline: Military officer may collect statutory half pay despite an administrative “leave without pay” order, as Court upholds award and bars officials from overriding pay set by law.
Holding: The Court affirmed that the statute gives a cavalry officer half pay during authorized leave and that an administrative order declaring the leave "without pay" cannot legally defeat that statutory right.
- Affirms right to statutory half pay during authorized military leave despite conflicting orders.
- Limits military officials’ ability to impose no‑pay conditions that conflict with statutes.
- Allows officers to sue to recover withheld statutory leave pay.
Summary
Background
A cavalry officer accepted civilian employment and was granted leave beginning January 1, 1907, later extended to October 31, 1907. On July 31, 1907, the Adjutant General sent a telegram stating that, "although your leave is not revoked, your absence from this date will be without pay." The officer did not request that no-pay condition, did not protest, and remained absent. He received no pay from August 1 to October 31 and sued under Rev. Stat. § 1265 to recover half pay; the lower court awarded $325.
Reasoning
The core question was whether an administrative order could defeat a statutory right to half pay during authorized leave. The Court held the statute plainly granted that pay and that earlier decisions prevented officials from attaching a conflicting no-pay condition. The Court rejected the Government’s arguments that the officer was estopped from recovery because he accepted the leave, and rejected the claim that the leave should be treated as void and unpaid. Citing prior cases (including Glavey v. United States) and public-policy principles, the Court concluded an unauthorized condition could not deprive an officer of the statutory right to pay and affirmed the award.
Real world impact
The decision lets military officers rely on pay promised by statute when they take authorized leave and prevents administrators from using informal orders to deny that pay. It affirms the lower-court award for the three-month period and allows officers to sue to recover withheld statutory pay. This ruling clarifies that statutory pay protections override conflicting administrative conditions.
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