A-12890, FEBRUARY 6, 1926, 5 COMP. GEN. 594

A-12890: Feb 6, 1926

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1918 AN ARMY FIELD CLERK IS NOT A COMMISSIONED OFFICER AND IS THEREFORE NOT ENTITLED UPON TERMINATION OF HIS OFFICE AND REENLISTMENT IN THE ARMY TO BE RESTORED TO HIS FORMER ENLISTED GRADE. 1926: THERE WAS RECEIVED DECEMBER 17. BY WHICH WAS DISALLOWED YOUR CLAIM FOR PAY UNDER ACT OF MARCH 30. SUBJECT TO SUCH EXAMINATION FOR ENLISTMENT AS IS PROVIDED BY LAW OR REGULATION. YOUR MILITARY HISTORY IN SO FAR AS IT IS MATERIAL HERE SHOWS THAT YOU REENLISTED MARCH 31. YOU SHOULD HAVE BEEN RESTORED TO THE GRADE OF REGIMENTAL SERGEANT MAJOR AND THAT YOU ARE ENTITLED TO THE PAY OF SUCH GRADE FROM DATE OF ENLISTMENT. THE LANGUAGE OF THE STATUTE IS PLAIN. BY ITS SPECIFIC TERMS IT PROVIDES THAT AN ENLISTED MAN DISCHARGED TO ACCEPT A COMMISSION SHALL UPON THE TERMINATION OF HIS COMMISSIONED SERVICE BE RESTORED TO THE GRADE HELD BY HIM AT THE TIME HE WAS DISCHARGED TO ACCEPT SUCH A COMMISSION.

A-12890, FEBRUARY 6, 1926, 5 COMP. GEN. 594

ARMY FIELD CLERK - RESTORATION TO FORMER ENLISTED GRADE UNDER ACT OF MARCH 30, 1918 AN ARMY FIELD CLERK IS NOT A COMMISSIONED OFFICER AND IS THEREFORE NOT ENTITLED UPON TERMINATION OF HIS OFFICE AND REENLISTMENT IN THE ARMY TO BE RESTORED TO HIS FORMER ENLISTED GRADE, UNDER THE PROVISIONS OF THE ACT OF MARCH 30, 1918, 40 STAT. 501. 26 COMP. DEC. 150, MODIFIED.

ACTING COMPTROLLER GENERAL GINN TO SERGT. JACOB C. JACOBSON, UNITED STATES ARMY, FEBRUARY 6, 1926:

THERE WAS RECEIVED DECEMBER 17, 1925, REQUEST FOR REVIEW OF SETTLEMENT NO. 010479, DATED OCTOBER 2, 1925, BY WHICH WAS DISALLOWED YOUR CLAIM FOR PAY UNDER ACT OF MARCH 30, 1918, 40 STAT. 501, WHICH PROVIDES:

THAT ANY ENLISTED MAN OF THE ARMY OF THE UNITED STATES WHO HAS HERETOFORE BEEN, OR SHALL HEREAFTER BE, DISCHARGED TO ACCEPT A COMMISSION IN ANY COMPONENT PART OF THE ARMY OF THE UNITED STATES, AND WHO SHALL TENDER HIMSELF FOR ENLISTMENT WITHIN THREE MONTHS AFTER THE TERMINATION OF HIS COMMISSIONED SERVICE, SHALL, SUBJECT TO SUCH EXAMINATION FOR ENLISTMENT AS IS PROVIDED BY LAW OR REGULATION, BE ACCEPTED AND BE RESTORED TO THE GRADE HELD BY HIM BEFORE BEING DISCHARGED TO ACCEPT SUCH COMMISSION; AND IN COMPUTING SERVICE FOR RETIREMENT AND CONTINUOUS-SERVICE PAY HE SHALL BE CREDITED WITH ALL TIME SERVED WITH THE FORCES OF THE UNITED STATES, AND HIS SERVICE SHALL BE DEEMED CONTINUOUS, NOTWITHSTANDING THE INTERRUPTION THEREOF BY THE CHANGES OF STATUS PROVIDED FOR HEREIN.

YOUR MILITARY HISTORY IN SO FAR AS IT IS MATERIAL HERE SHOWS THAT YOU REENLISTED MARCH 31, 917; DISCHARGED AS A REGIMENTAL SERGEANT MAJOR, MARCH 14, 1919, TO ACCEPT AN APPOINTMENT AS AN ARMY FIELD CLERK MAY 15, 1919; DISCHARGED AS ARMY FIELD CLERK JUNE 30, 1922, AND REENLISTED AUGUST 29, 1922, FOR THREE YEARS AT THE ARMY MEDICAL SCHOOL, WASHINGTON, D.C.

YOU CONTEND THAT UNDER THE ACT OF MARCH 30, 1918, YOU SHOULD HAVE BEEN RESTORED TO THE GRADE OF REGIMENTAL SERGEANT MAJOR AND THAT YOU ARE ENTITLED TO THE PAY OF SUCH GRADE FROM DATE OF ENLISTMENT, AUGUST 29, 1922.

THE LANGUAGE OF THE STATUTE IS PLAIN. BY ITS SPECIFIC TERMS IT PROVIDES THAT AN ENLISTED MAN DISCHARGED TO ACCEPT A COMMISSION SHALL UPON THE TERMINATION OF HIS COMMISSIONED SERVICE BE RESTORED TO THE GRADE HELD BY HIM AT THE TIME HE WAS DISCHARGED TO ACCEPT SUCH A COMMISSION. THE ACT SPECIFIED COMMISSIONED SERVICE. AN ARMY FIELD CLERK HAS A MILITARY STATUS AND IS CLASSED AS AN OFFICER, BUT HE IS NOT A COMMISSIONED OFFICER. THIS CONNECTION SEE 24 COMP. DEC. 732; 25 ID. 256, 258. THEREFORE AS THERE IS NO PROVISION UNDER THE LAW FOR THE RESTORATION OF AN ARMY FIELD CLERK UPON TERMINATION OF HIS SERVICE AS SUCH AND REENLISTMENT, TO HIS FORMER ENLISTED GRADE, YOUR CLAIM FOR PAY AS A REGIMENTAL SERGEANT MAJOR FOR THE PERIOD IN QUESTION MUST BE DENIED. 26 COMP. DEC. 150 IN SO FAR AS IT CONFLICTS WITH THIS DECISION WILL NOT BE HEREAFTER FOLLOWED.