A-10230, AUGUST 17, 1925, 5 COMP. GEN. 120

A-10230: Aug 17, 1925

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SPECIALIST PAY OF ENLISTED MEN OF THE ARMY IS CONDITIONED UPON AND PAYABLE ONLY WHEN THE ENLISTED MAN HAS RECEIVED A RATING AS PROVIDED BY LAW AND REGULATION. SUCH RATING IS EFFECTIVE FOR PAY PURPOSES UNTIL THE ENLISTED MAN IS DISRATED BY OPERATION OF LAW OR IN THE MANNER PRESCRIBED BY REGULATIONS. FROM THE DATE HIS SUCCESSOR WAS SO RATED. 1925: I HAVE YOUR LETTER OF JUNE 18. IS AUTHORIZED UNDER THE CONDITIONS HEREINAFTER STATED. IT IS STATED THAT THIS ENLISTED MAN. WAS APPREHENDED AND TURNED OVER TO MILITARY CONTROL JUNE 5. HE WAS TRIED BY SPECIAL COURT MARTIAL. THE SENTENCE WAS APPROVED JULY 19. HE WAS DISRATED AS SPECIALIST. AS SPECIALIST PAY WAS NOT FORFEITED BY THE COURT-MARTIAL SENTENCE.

A-10230, AUGUST 17, 1925, 5 COMP. GEN. 120

ARMY PAY - SPECIALIST RATING UNDER THE PROVISIONS OF THE ACT OF JUNE 4, 1920, 41 STAT. 761, AND REGULATIONS PROMULGATED THEREUNDER, SPECIALIST PAY OF ENLISTED MEN OF THE ARMY IS CONDITIONED UPON AND PAYABLE ONLY WHEN THE ENLISTED MAN HAS RECEIVED A RATING AS PROVIDED BY LAW AND REGULATION, AND SUCH RATING IS EFFECTIVE FOR PAY PURPOSES UNTIL THE ENLISTED MAN IS DISRATED BY OPERATION OF LAW OR IN THE MANNER PRESCRIBED BY REGULATIONS. SPECIALIST'S PAY MAY NOT BE PAID TO AN ENLISTED MAN CARRIED AS A SPECIALIST IN EXCESS OF THE NUMBER AUTHORIZED FOR HIS COMPANY, FROM THE DATE HIS SUCCESSOR WAS SO RATED, THE APPOINTMENT OF HIS SUCCESSOR AUTOMATICALLY TERMINATING HIS RATING.

COMPTROLLER GENERAL MCCARL TO CAPT. F. B. LEES, UNITED STATES ARMY, AUGUST 17, 1925:

I HAVE YOUR LETTER OF JUNE 18, 1925, REQUESTING DECISION WHETHER THE PAYMENT OF SPECIALIST PAY TO PVT. JAMES E. SHULER, 6065100, COMPANY C, TWENTY-NINTH ENGINEERS, IS AUTHORIZED UNDER THE CONDITIONS HEREINAFTER STATED.

IT IS STATED THAT THIS ENLISTED MAN, WHILE SERVING AS PRIVATE, FIRST CLASS, SPECIALIST, FIFTH CLASS, DESERTED THE SERVICE AT FORT HUMPHREYS, VA., OCTOBER 18, 1923, AND WAS APPREHENDED AND TURNED OVER TO MILITARY CONTROL JUNE 5, 1924. HE WAS TRIED BY SPECIAL COURT MARTIAL, CONVICTED OF DESERTION, AND SENTENCED TO BE REDUCED TO THE GRADE OF PRIVATE AND TO BE CONFINED AT HARD LABOR FOR A PERIOD OF SIX MONTHS AND TO FORFEIT $14 PER MONTH FOR A LIKE PERIOD. THE SENTENCE WAS APPROVED JULY 19, 1924. HE WAS DISRATED AS SPECIALIST, FIFTH CLASS, NOVEMBER 17, 1924, AND AS SPECIALIST PAY WAS NOT FORFEITED BY THE COURT-MARTIAL SENTENCE, THE QUESTION FOR DETERMINATION IS WHETHER PAYMENT OF SUCH PAY MAY BE MADE TO THIS MAN FROM THE DATE OF APPREHENSION TO THE DATE THAT HE WAS ADMINISTRATIVELY DISRATED AS SPECIALIST.

SECTION 4B OF THE ACT OF JUNE 4, 1920, 41 STAT. 761, PROVIDES:

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES MAY BE RATED AS SPECIALISTS, AND RECEIVE EXTRA PAY THEREFOR PER MONTH, AS FOLLOWS: FIRST CLASS, $25; SECOND CLASS, $20; THIRD CLASS, $15; FOURTH CLASS, $12; FIFTH CLASS, $8; SIXTH CLASS, $3. OF THE TOTAL AUTHORIZED NUMBER OF ENLISTED MEN IN THE SIXTH AND SEVENTH GRADES, THOSE RATED AS SPECIALISTS OF THE FIRST CLASS SHALL NOT EXCEED 0.7 PERCENTUM; OF THE SECOND CLASS, 1.4 PERCENTUM; OF THE THIRD CLASS, 1.9 PERCENTUM; OF THE FOURTH CLASS, 4.7 PERCENTUM; OF THE FIFTH CLASS, 5 PERCENTUM; OF THE SIXTH CLASS, 15.2 PERCENTUM. ALL LAWS AND PARTS OF LAWS PROVIDING FOR EXTRA DUTY PAY FOR ENLISTED MEN ARE REPEALED, TO TAKE EFFECT JULY 1, 1920 * * *.

THE RATES OF PAY FOR THE VARIOUS GRADES AND SPECIALISTS RATINGS WERE CHANGED BY SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, BUT THE CONDITIONS FOR APPOINTMENT OR RATING AS SPECIALISTS AS FIXED BY THE ABOVE- CITED ACT WERE NOT CHANGED THEREBY. 2 COMP. GEN. 115.

THE VARIOUS CLASSES OF DUTY FOR WHICH SPECIALIST PAY IS AUTHORIZED ARE PRESCRIBED BY ARMY REGULATIONS 615-10, DATED DECEMBER 13, 1923, AND SECTION 1, PARAGRAPHS 4 AND 5 THEREOF PROVIDE FOR THE RATING OF THE INDIVIDUALS THERETO, AND PARAGRAPH 6 PRESCRIBES THE TIME WHEN SUCH RATINGS BECOME EFFECTIVE, AS FOLLOWS:

A RATING BECOMES EFFECTIVE UPON THE DATE ON WHICH THE SPECIALIST ENTERS UPON THE CORRESPONDING DUTY AFTER RECEIPT AT THE STATION OF THE SOLDIER OF NOTICE THAT THE RATING HAS BEEN MADE.

SECTIONS 2-7 AND 8 OF SUCH REGULATIONS PROVIDE FOR DISRATING, AS FOLLOWS:

7. HOW AND WHEN EFFECTED.--- A RATING MAY BE TERMINATED BY---

A. EXPIRATION OF ENLISTMENT.--- A RATING WILL LAPSE AND BECOME VOID BY REASON OF EXPIRATION OF TERM OF ENLISTMENT, EXCEPT WHEN REENLISTMENT IS EFFECTED IN THE COMPANY OR DETACHMENT FROM WHICH DISCHARGED ON THE DAY FOLLOWING DISCHARGE.

B. A COURT-MARTIAL.--- A COURT-MARTIAL MAY TERMINATE A RATING IN ACCORDANCE WITH THE ARTICLES OF WAR, WITHIN THE PRESCRIBED MAXIMUM LIMITS OF PUNISHMENTS.

C. COMMANDING OFFICERS.--- COMMANDING OFFICERS COMPETENT TO RATE AND THOSE SUPERIOR THERETO MAY DISRATE BECAUSE OF---

(1) REDUCTION OF ALLOTMENT.--- DISRATING IN THIS CASE IS MANDATORY.

(2) MISCONDUCT; ABSENCE UNDER THE 107TH ARTICLE OF WAR.--- DISRATING WILL BE EFFECTED WHEN IN THE INTEREST OF THE SERVICE, IRRESPECTIVE OF DISCIPLINARY ACTION TAKEN.

(3) IN THE INTEREST OF EFFICIENCY.--- IT WILL BE AN ESTABLISHED POLICY TO DISRATE ANY SPECIALIST WHO CAN BE REPLACED TO THE ADVANTAGE OF THE GOVERNMENT.

(4) ABSENCE WITH AUTHORITY, SICKNESS.--- SPECIALISTS ABSENT WITH AUTHORITY OR SICK IN LINE OF DUTY WILL NEVERTHELESS BE DISRATED WHEN SUCH ACTION IS NECESSARY IN THE INTEREST OF THE GOVERNMENT.

(5) BEING SENT TO OR FROM FOREIGN SERVICE.--- AS PRESCRIBED IN AR 615- 210.

(6) TRANSFER.--- A SPECIALIST, WHATEVER HIS CLASS, WILL BE DISRATED BY HIS IMMEDIATE COMMANDING OFFICER UPON TRANSFER OUT OF THE COMPANY OR DETACHMENT TO WHICH THE RATING IS ALLOTTED, EXCEPT WHEN THE AUTHORITY FOR TRANSFER SPECIFICALLY PROVIDES OTHERWISE.

8. WHEN EFFECTIVE.--- A RATING WILL TERMINATE---

A. WHEN BY SENTENCE OF COURT-MARTIAL.--- ON THE DATE UPON WHICH THE SENTENCE BECOMES EFFECTIVE.

B. IN OTHER CASES.--- ON THE LAST DAY UPON WHICH DUTY IS PERFORMED * *

UNDER THE ABOVE-CITED ACT NOT TO EXCEED 28.9 PERCENTUM, DISTRIBUTED TO THE VARIOUS CLASSES AS THEREIN INDICATED, OF THE ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES MAY BE RATED AS SPECIALISTS AND RECEIVE ADDITIONAL PAY THEREFOR, AND WITH A VIEW TO CONTROLLING THE MATTER THE WAR DEPARTMENT HAS ALLOCATED TO THE VARIOUS ORGANIZATIONS AND UNITS THE NUMBER OF SPECIALISTS OF THE VARIOUS GRADES PERMITTED THEREIN. SUCH PAY AS A SPECIALIST IS CONDITIONED UPON RECEIPT BY THE ENLISTED MAN OF THE RATING, WHICH IS EFFECTED BY ADMINISTRATIVE ACTION IN THE MANNER PRESCRIBED BY THE REGULATIONS. IN THE INSTANT CASE THE SOLDIER WAS NOT FORMALLY DISRATED UNTIL NOVEMBER 17, 1924. HOWEVER, IT APPEARS HE WAS CARRIED AS A SPECIALIST, FIFTH CLASS, IN EXCESS OF THE NUMBER OF SPECIALISTS AUTHORIZED FOR HIS COMPANY, AND THE APPOINTMENT OF HIS SUCCESSOR AUTOMATICALLY TERMINATED HIS RATING, AND SPECIALIST PAY FOR HIM WOULD BE AUTHORIZED ONLY UNTIL THE DATE OF THE RATING OF HIS SUCCESSOR.