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B-13048, NOVEMBER 7, 1940, 20 COMP. GEN. 251

B-13048 Nov 07, 1940
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MUST HAVE COMPLETED 4 MONTHS' SERVICE IN HIS FIRST ENLISTMENT BEFORE HE IS ENTITLED TO MONTHLY PAY OF MORE THAN $21. HAS LESS THAN 4 MONTHS' SERVICE DURING HIS FIRST ENLISTMENT HE WILL BE ENTITLED TO RECEIVE MONTHLY PAY OF ONLY $21 AND PAY SHOULD BE ADJUSTED TO $21 FROM THE EFFECTIVE DATE OF SAID SECTION. ARE NOT REQUIRED BY SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940. TO SERVE THE FIRST 4 MONTHS WITH MONTHLY PAY OF $21 BUT ARE ENTITLED TO THE BASE PAY OF THE GRADES ACTUALLY HELD BY THEM IN THE NATIONAL GUARD WHEN INDUCTED WITHOUT REFERENCE TO THE LENGTH OF SERVICE IN THE NATIONAL GUARD. I ARE NOT CLEARLY STATED AND WERE CONFUSED POSSIBLY BECAUSE OF THE INCLUSION IN TWO OF THE QUESTIONS OF MEN FROM TWO COMPONENTS.

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B-13048, NOVEMBER 7, 1940, 20 COMP. GEN. 251

PAY - ENLISTED MEN - SELECTIVE TRAINEES, REGULAR ARMY PERSONNEL, AND NATIONAL GUARDSMEN IN FEDERAL SERVICE IN VIEW OF THE TERMS OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, EFFECTIVE OCTOBER 1, 1940, EITHER A SELECTIVE TRAINEE INDUCTED INTO FEDERAL SERVICE UNDER THAT ACT, OR A MEMBER OF THE NATIONAL GUARD OF THE SEVENTH GRADE WHEN INDUCTED INTO FEDERAL SERVICE UNDER THE ACT OF AUGUST 27, 1940, MUST HAVE COMPLETED 4 MONTHS' SERVICE IN HIS FIRST ENLISTMENT BEFORE HE IS ENTITLED TO MONTHLY PAY OF MORE THAN $21, IRRESPECTIVE OF PROMOTION DURING THAT PERIOD. B-13048, OCTOBER 28, 1940, 20 COMP. GEN. 218, MODIFIED. UNDER SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, IF AN ENLISTED MAN OF THE REGULAR ARMY OR AN ENLISTED MAN OF THE NATIONAL GUARD OF THE SEVENTH GRADE WHEN INDUCTED INTO FEDERAL SERVICE PRIOR TO OCTOBER 1, 1940, HAS LESS THAN 4 MONTHS' SERVICE DURING HIS FIRST ENLISTMENT HE WILL BE ENTITLED TO RECEIVE MONTHLY PAY OF ONLY $21 AND PAY SHOULD BE ADJUSTED TO $21 FROM THE EFFECTIVE DATE OF SAID SECTION, OCTOBER 1, 1940, UNTIL COMPLETION OF 4 MONTHS' SERVICE DURING FIRST ENLISTMENT PERIOD. B-13048, OCTOBER 28, 1940, 20 COMP. GEN. 218, MODIFIED. MEMBERS OF THE NATIONAL GUARD HOLDING GRADES ABOVE THE SEVENTH GRADE WHEN INDUCTED INTO FEDERAL SERVICE UNDER THE ACT OF AUGUST 27, 1940, ARE NOT REQUIRED BY SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, TO SERVE THE FIRST 4 MONTHS WITH MONTHLY PAY OF $21 BUT ARE ENTITLED TO THE BASE PAY OF THE GRADES ACTUALLY HELD BY THEM IN THE NATIONAL GUARD WHEN INDUCTED WITHOUT REFERENCE TO THE LENGTH OF SERVICE IN THE NATIONAL GUARD. B-13048, OCTOBER 28, 1940, 20 COMP. GEN. 218, MODIFIED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, NOVEMBER 7, 1940:

REFERRING AGAIN TO YOUR LETTER OF OCTOBER 19, 1940, IT APPEARS THAT THE ANSWERS CONTAINED IN DECISION OF OCTOBER 28, 1940, TO QUESTIONS G, H, AND I ARE NOT CLEARLY STATED AND WERE CONFUSED POSSIBLY BECAUSE OF THE INCLUSION IN TWO OF THE QUESTIONS OF MEN FROM TWO COMPONENTS, THAT IS, THE NATIONAL GUARD AND THE REGULAR ARMY OR THE NATIONAL GUARD AND SELECTIVE TRAINEES, AND AS THE ANSWERS MAY BE INTERPRETED AS INCONSISTENT WITH AN EARLIER HOLDING WITH RESPECT TO MEMBERS OF THE NAVAL RESERVE AND MARINE CORPS RESERVE APPROPRIATE CORRECTIONS OR CLARIFICATIONS ARE NOW BEING MADE IN THE ANSWERS TO THOSE QUESTIONS.

IN DECISIONS UNDER B-12506, OF OCTOBER 3, 1940, TO THE SECRETARY OF THE NAVY, IT WAS SAID:

UNDER THE NAVAL RESERVE ACT AND THE REGULATIONS MADE PURSUANT THERETO THERE IS AUTHORITY TO ENLIST MEN IN THE NAVAL RESERVE AND THE MARINE CORPS RESERVE IN RATINGS HIGHER THAN APPRENTICE SEAMEN OR PRIVATES, AND WHEN SO ENLISTED IF ORDERED INTO ACTIVE SERVICE SECTION 7 OF THE NAVAL RESERVE ACT PROVIDES THAT THEY SHALL RECEIVE THE SAME PAY AS AN ENLISTED MAN IN THE REGULAR SERVICE OF THE SAME RATING AND SAME LENGTH OF SERVICE WOULD RECEIVE; AND THE ACT OF SEPTEMBER 16, 1940, SPECIFICALLY PROVIDES THAT NOTHING THEREIN SHALL MODIFY THE LAW IN FORCE FOR THE RESERVE COMPONENTS OF THE LAND OR NAVAL FORCES AS THEN IN EFFECT.

THE EFFECT OF THIS WAS SUMMARIZED IN ANOTHER DECISION OF THE SAME DATE UNDER THE SAME NUMBER TO THE SECRETARY OF THE NAVY AS FOLLOWS:

THE NAVAL RESERVE LAW PERMITS, AND THE REGULATIONS PROVIDE, THAT MEN MAY BE ENLISTED IN THE NAVAL RESERVE OR MARINE CORPS RESERVE IN GRADES ABOVE THE LOWEST; AND WHERE THAT IS DONE THE MAN WILL BE ENTITLED TO THE PAY FIXED FOR ENLISTED MEN OF THE REGULAR NAVY OR REGULAR MARINE CORPS OF THE SAME GRADE OR RATING AND LENGTH OF SERVICE IRRESPECTIVE OF THE TIME HE HAS SERVED IN THE NAVAL RESERVE OR IN THE MARINE CORPS RESERVE WHEN ORDERED TO ACTIVE DUTY.

IN THE DECISION OF OCTOBER 28, 1940, TO YOU, YOUR QUESTIONS AND ANSWERS THERETO ARE STATED ELOW:

QUESTION---

G. IF EITHER A SELECTIVE TRAINEE OR A MEMBER OF THE NATIONAL GUARD, IN THE 7TH GRADE, WHEN INDUCTED, SUBSEQUENT TO OCTOBER 1, 1940, IS PROMOTED TO A HIGHER GRADE BEFORE COMPLETING THE PERIOD NECESSARY FOR HIM TO SERVE BEFORE BEING ENTITLED TO $30 PER MONTH, WILL HE BE ENTITLED TO THE PAY OF THE HIGHER GRADE AT DATE OF PROMOTION OR MUST HE COMPLETE THE FOUR MONTHS' SERVICE BEFORE RECEIVING THE HIGHER PAY?

ANSWER---

G. BOTH A SELECTIVE TRAINEE, AND A MEMBER OF THE NATIONAL GUARD MUST HAVE COMPLETED THE FOUR MONTHS' SERVICE IN THEIR FIRST ENLISTMENT BEFORE THEY ARE ENTITLED TO MORE THAN $21 PER MONTH, IRRESPECTIVE OF PROMOTION DURING THAT PERIOD, AND IF PROMOTED BEFORE THE COMPLETION OF FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT SUCH PROMOTION WILL NOT ENTITLE THEM TO INCREASED PAY UNTIL THEY HAVE COMPLETED FOUR MONTHS' SERVICE.

QUESTION---

H. IF AN ENLISTED MAN OF THE REGULAR ARMY WITH LESS THAN FOUR MONTHS' SERVICE PRIOR TO OCTOBER 1, 1940, OR A MEMBER OF THE NATIONAL GUARD INDUCTED PRIOR TO OCTOBER 1, 1940, HAS BEEN PROMOTED FROM THE SEVENTH GRADE PRIOR TO OCTOBER 1, 1940, IS HE, ON OCTOBER 1, 1940, ENTITLED TO THE PAY OF THE GRADE TO WHICH PROMOTED OR SHOULD HE BE REDUCED TO $21 PER MONTH UNTIL HE COMPLETES FOUR MONTHS' SERVICE?

ANSWER---

H. IF AN ENLISTED MAN, EITHER OF THE REGULAR ARMY OR OF THE NATIONAL GUARD, WITH LESS THAN FOUR MONTHS' SERVICE DURING HIS FIRST ENLISTMENT WAS PROMOTED PRIOR TO OCTOBER 1, 1940, OR BEFORE INDUCTION AS THE CASE MAY BE, THEN FROM OCTOBER 1, 1940, OR FROM THE DATE OF INDUCTION IF SUBSEQUENT TO OCTOBER 1, 1940, THE MAN WILL BE ENTITLED TO RECEIVE ONLY $21 PER MONTH, THE RATE OF PAY ESTABLISHED FOR ALL ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD. THERE BEING NO SAVINGS CLAUSE WITH RESPECT TO THIS PAY IN THE ACT THE MAN'S PAY SHOULD BE ADJUSTED TO $21 PER MONTH FOR THE PERIOD FROM OCTOBER 1, 1940, OR FROM DATE OF INDUCTION IF AFTER OCTOBER 1, 1940, AS THE CASE MAY BE, UNTIL HE HAS COMPLETED FOUR MONTHS' SERVICE DURING HIS FIRST ENLISTMENT PERIOD.

QUESTION---

I. ARE MEMBERS OF THE NATIONAL GUARD, HOLDING GRADES ABOVE THE 7TH GRADE WHEN INDUCTED, REQUIRED TO SERVE THE FIRST FOUR MONTHS AT $21.

ANSWER---

I. IF THE QUESTION RELATES TO ENLISTED MEMBERS OF THE NATIONAL GUARD WHO HAVE SERVED MORE THAN FOUR MONTHS IN THE NATIONAL GUARD, THE ANSWER IS "NO.'

IN THAT DECISION IT WAS SAID:

* * * THE NATIONAL GUARD BEING A COMPLETE FORCE, WHEN INDUCTED INTO THE SERVICE OF THE UNITED STATES THE BASE PAY OR PAY GRADES OF THE ENLISTED MEMBERS THEREOF SHOULD BE ASCERTAINED BY TREATING THEIR NATIONAL GUARD SERVICE AS SERVICE WITHIN THE PROVISION FOR BASE PAY.

THE ANSWER TO QUESTION G SHOULD HAVE BEEN QUALIFIED TO LIMIT IT TO A MEMBER OF THE NATIONAL GUARD SERVING IN THE SEVENTH GRADE WHEN INDUCTED. AS SO MODIFIED THE ANSWER SHOULD READ:

G. BOTH A SELECTIVE TRAINEE AND A MEMBER OF THE NATIONAL GUARD OF THE 7TH GRADE WHEN INCLUDED MUST HAVE COMPLETED THE FOUR MONTHS' SERVICE IN THEIR FIRST ENLISTMENT BEFORE THEY ARE ENTITLED TO MORE THAN $21 PER MONTH RESPECTIVE OF PROMOTION DURING THAT PERIOD, AND IF PROMOTED BEFORE THE COMPLETION OF FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT, SUCH PROMOTION WILL NOT ENTITLE THEM TO INCREASED PAY UNTIL THEY HAVE COMPLETED FOUR MONTHS' SERVICE.

THE ANSWER TO QUESTION H SHOULD BE AS FOLLOWS:

IF AN ENLISTED MAN OF THE REGULAR ARMY OR AN ENLISTED MAN OF THE NATIONAL GUARD OF THE 7TH GRADE WHEN INDUCTED PRIOR TO OCTOBER 1, 1940, HAS LESS THAN FOUR MONTHS' SERVICE DURING HIS FIRST ENLISTMENT THE MAN WILL BE ENTITLED TO RECEIVE ONLY$21 PER MONTH, THE RATE OF PAY ESTABLISHED FOR ALL ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD, AND THIS IS APPLICABLE TO ENLISTED MEN OF THE NATIONAL GUARD OF THE 7TH GRADE WHEN INDUCTED. THERE BEING NO SAVINGS CLAUSE WITH RESPECT TO THIS PAY IN THE ACT THE MAN'S PAY SHOULD BE ADJUSTED TO $21 PER MONTH FOR THE PERIOD FROM OCTOBER 1, 1940, UNTIL HE HAS COMPLETED FOUR MONTHS' SERVICE DURING HIS FIRST ENLISTMENT PERIOD. AS TO ENLISTED MEN OF THE NATIONAL GUARD PROMOTED PRIOR TO INDUCTION, THEY WILL BE ENTITLED TO RECEIVE THE BASE PAY OF THEIR GRADE IN THE NATIONAL GUARD WHEN INDUCTED IRRESPECTIVE OF THE LENGTH OF SERVICE.

THE ANSWER TO QUESTION I SHOULD BE:

IF THE QUESTION RELATES TO MEMBERS OF THE NATIONAL GUARD WHO WERE SERVING IN GRADES ABOVE THE SEVENTH GRADE WHEN INDUCTED, THEY ARE ENTITLED TO THE BASE PAY OF THE GRADES ACTUALLY HELD BY THEM IN THE NATIONAL GUARD WHEN INDUCTED WITHOUT REFERENCE TO THE LENGTH OF SERVICE IN THE NATIONAL GUARD.

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