B-151174, APR. 11, 1963
Highlights
MORGAN: REFERENCE IS MADE TO YOUR LETTER OF MARCH 23. THE RECORD SHOWS THAT YOU WERE REDUCED FROM SPECIALIST 4 TO PRIVATE FIRST CLASS BY UNIT ORDER NO. 1. SR 615-25-55 WAS SUPERSEDED BY AR 624-200. PROVIDES THAT AN INDIVIDUAL MAY BE REDUCED ONE OR MORE GRADES FOR INEFFICIENCY BY THE COMMANDER OF THE ORGANIZATION TO WHICH HE IS ASSIGNED OR ATTACHED. THE ADMINISTRATIVE AUTHORITY APPEARS TO HAVE BEEN COMPETENT TO TERMINATE YOUR APPOINTMENT TO THE GRADE OF SPECIALIST 4 UNDER THE REGULATIONS. EFFECTED YOUR REDUCTION TO THE GRADE OF PRIVATE FIRST CLASS AND IT IS WELL SETTLED THAT AN ENLISTED MAN IS ENTITLED TO THE PAY AND ALLOWANCES ONLY OF THE GRADE ACTUALLY HELD BY HIM. SINCE YOU WERE NOT RE-APPOINTED TO YOUR FORMER GRADE DURING THE PERIOD OF YOUR CLAIM.
B-151174, APR. 11, 1963
TO MR. SIDNEY H. MORGAN:
REFERENCE IS MADE TO YOUR LETTER OF MARCH 23, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED MARCH 20, 1963, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE IN PAY BETWEEN SPECIALIST 4 (E-4) AND PRIVATE FIRST CLASS (E-3) FOR THE PERIOD OCTOBER 15, 1961, THROUGH MARCH 1, 1962, INCIDENT TO YOUR MILITARY SERVICE AS AN ENLISTED MEMBER OF THE ARMY.
THE RECORD SHOWS THAT YOU WERE REDUCED FROM SPECIALIST 4 TO PRIVATE FIRST CLASS BY UNIT ORDER NO. 1, HOWITZER BATTERY, 1ST RECONNAISSANCE SQUADRON, 150TH ARMORED CAVALRY, DATED OCTOBER 15, 1961,"EFFECTIVE THIS DATE, FOR INEFFICIENCY, UNDER PROVISIONS OF SR 615-25-55, DATED 2 MAY 1951, AS CHANGED.' UNIT ORDERS NO. 28, DATED AUGUST 7, 1962, ISSUED BY THE SAME ADMINISTRATIVE AUTHORITY, RESCINDED THE REDUCTION ORDER AFTER YOUR DISCHARGE FROM THE ARMY. SR 615-25-55 WAS SUPERSEDED BY AR 624-200, DATED MAY 31,1955. PARAGRAPH 30 OF THE ARMY REGULATIONS, AS AMENDED, PROVIDES THAT AN INDIVIDUAL MAY BE REDUCED ONE OR MORE GRADES FOR INEFFICIENCY BY THE COMMANDER OF THE ORGANIZATION TO WHICH HE IS ASSIGNED OR ATTACHED. THEREFORE, THE ADMINISTRATIVE AUTHORITY APPEARS TO HAVE BEEN COMPETENT TO TERMINATE YOUR APPOINTMENT TO THE GRADE OF SPECIALIST 4 UNDER THE REGULATIONS.
THE ORDERS OF OCTOBER 15, 1961, EFFECTED YOUR REDUCTION TO THE GRADE OF PRIVATE FIRST CLASS AND IT IS WELL SETTLED THAT AN ENLISTED MAN IS ENTITLED TO THE PAY AND ALLOWANCES ONLY OF THE GRADE ACTUALLY HELD BY HIM. SINCE YOU WERE NOT RE-APPOINTED TO YOUR FORMER GRADE DURING THE PERIOD OF YOUR CLAIM, THERE IS NO AUTHORITY OF LAW TO ALLOW YOU TO PAY OF THAT GRADE. 15 COMP. GEN. 925; 36 COMP. GEN. 137 AND B 75553, JUNE 11, 1948.