A-12891, JUNE 15, 1926, 5 COMP. GEN. 983

A-12891: Jun 15, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

AN ENLISTED MAN WHO HAD QUALIFIED AS A SHARPSHOOTER WHILE SERVING IN THE INFANTRY IS NOT ENTITLED TO FURTHER PAYMENT OF THE ADDITIONAL PAY THEREFOR UPON HIS DISCHARGE AND REENLISTMENT IN THE FIELD ARTILLERY. CLAIMANT'S MILITARY HISTORY SHOWS THAT HE WAS HONORABLY DISCHARGED AS SERGEANT JULY 18. WHEN HE WAS DISCHARGED BY PURCHASE. THE CLAIM IS ASSERTED BY REASON OF HIS QUALIFICATION AS SHARPSHOOTER IN HIS PRIOR ENLISTMENT. ARE HEREBY REPEALED. AN ENLISTED MAN WHO QUALIFIES OR REQUALIFIES UNDER THE PROVISIONS OF PARAGRAPH 7 IS ENTITLED TO RECEIVE ADDITIONAL COMPENSATION AT THE PRESCRIBED RATE (PARAGRAPH 5) FOR A PERIOD OF ONE YEAR AND FOUR MONTHS FROM THE DATE OF QUALIFICATION OR REQUALIFICATION.

A-12891, JUNE 15, 1926, 5 COMP. GEN. 983

ARMY PAY - SHARPSHOOTER UNDER THE PROVISIONS OF ARMY REGULATIONS 35-2380, PROMULGATED APRIL 28, 1923, EFFECTIVE ON AND AFTER JULY 1, 1923, AN ENLISTED MAN WHO HAD QUALIFIED AS A SHARPSHOOTER WHILE SERVING IN THE INFANTRY IS NOT ENTITLED TO FURTHER PAYMENT OF THE ADDITIONAL PAY THEREFOR UPON HIS DISCHARGE AND REENLISTMENT IN THE FIELD ARTILLERY, OR OTHER UNIT HAVING A DIFFERENT PRINCIPAL ARM, PRIOR TO THE EXPIRATION OF THE PERIOD COVERED BY HIS QUALIFICATION.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 15, 1926:

PVT. FAUSTINO DE VEGA, COMPANY L, FORTY-SECOND INFANTRY, UNITED STATES ARMY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 094792, DATED AUGUST 4, 1925, DISALLOWING HIS CLAIM FOR ADDITIONAL PAY AS SHARPSHOOTER DURING THE PERIOD FROM JULY 19, 1923, TO APRIL 10, 1924.

PARAGRAPH 1, SPECIAL ORDERS, NO. 8, HEADQUARTERS FORTY-SECOND INFANTRY, CAMP GAILLARD, CANAL ZONE, DATED AUGUST 2, 1923, ANNOUNCED THE QUALIFICATION ON JUNE 21, 1923, OF CLAIMANT AS SHARPSHOOTER.

CLAIMANT'S MILITARY HISTORY SHOWS THAT HE WAS HONORABLY DISCHARGED AS SERGEANT JULY 18, 1923, FROM THE FORTY-SECOND INFANTRY BY REASON OF EXPIRATION OF ENLISTMENT ENTERED INTO JULY 19, 1920. HE REENLISTED JULY 19, 1923, FOR DUTY WITH THE FOURTH FIELD ARTILLERY AND SERVED THEREIN UNTIL APRIL 10, 1924, WHEN HE WAS DISCHARGED BY PURCHASE. THE CLAIM IS ASSERTED BY REASON OF HIS QUALIFICATION AS SHARPSHOOTER IN HIS PRIOR ENLISTMENT.

SECTION 18 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, PROVIDES:

THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, ENLISTED MEN OF THE ARMY, NAVY, MARINE CORPS, AND COAST GUARD MAY RECEIVE ADDITIONAL COMPENSATION, NOT LESS THAN $1 OR MORE THAN $5 PER MONTH, FOR SPECIAL QUALIFICATION IN THE USE OF THE ARM OR ARMS WHICH THEY MAY BE REQUIRED TO USE. ALL LAWS AND PARTS OF LAWS AUTHORIZING EXTRA PAY FOR QUALIFICATION IN THE USE OF ARMS OR INSTRUMENTS, OR FOR HOLDING RATED POSITIONS, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ARE HEREBY REPEALED, TO TAKE EFFECT JULY 1, 1922.

PURSUANT TO THIS AUTHORITY, THE PRESIDENT BY EXECUTIVE ORDER DATED APRIL 17, 1923, ESTABLISHED ADDITIONAL COMPENSATION, FIRST, SECOND, THIRD, AND FOURTH CLASS, AT THE RATES OF $5, $3, $2, AND $1 PER MONTH, RESPECTIVELY, ACCORDING TO STANDARDS OF PROFICIENCY AS PRESCRIBED FROM TIME TO TIME BY THE SECRETARY OF WAR.

ARMY REGULATIONS 35-2380, PROMULGATED APRIL 28, 1923, EFFECTIVE ON AND AFTER JULY 1, 1923, UNDER THE ABOVE LAW AND EXECUTIVE ORDER, AND IN EFFECT AND CONTROLLING PAYMENTS DURING THE PERIOD HERE IN QUESTION, PROVIDE:

10.DURATION OF RIGHT TO ADDITIONAL COMPENSATION.--- A. AN ENLISTED MAN WHO QUALIFIES OR REQUALIFIES UNDER THE PROVISIONS OF PARAGRAPH 7 IS ENTITLED TO RECEIVE ADDITIONAL COMPENSATION AT THE PRESCRIBED RATE (PARAGRAPH 5) FOR A PERIOD OF ONE YEAR AND FOUR MONTHS FROM THE DATE OF QUALIFICATION OR REQUALIFICATION, PROVIDED THAT DURING THAT PERIOD HE DOES NOT---

(1) LOSE HIS RIGHT TO SUCH ADDITIONAL COMPENSATION AS A RESULT OF A CHANGE OF PRINCIPAL ARM OR ARMS, DUE TO TRANSFER TO ANOTHER UNIT OR OTHER DUTY, OR TO ANY OTHER CAUSE.

B. THE EFFECTIVE DATES OF A CHANGE IN RATE OF COMPENSATION OR OF A LOSS OF RIGHT TO COMPENSATION ARE AS FOLLOWS:

(1) IN CASE OF TRANSFER TO ANOTHER UNIT OR TO OTHER DUTY--- THE DATE ON WHICH THE ENLISTED MAN CEASES TO BE A MEMBER OF A UNIT WHOSE PRINCIPAL ARMS ARE THOSE IN WHICH QUALIFICATION WAS ATTAINED, OR THE DATE ON WHICH HE CEASES TO PERFORM DUTY WHICH REQUIRES THE USE OF THE ARM OR ARMS IN WHICH QUALIFICATION WAS ATTAINED.

THE CHANGE FROM ONE UNIT TO ANOTHER REQUIRING A CHANGE OF PRINCIPAL ARM OR ARMS IS BY THE REGULATIONS MADE THE BASIS FOR TERMINATING THE RIGHT TO ADDITIONAL COMPENSATION. IT APPEARS THAT CLAIMANT HAS BEEN PAID ADDITIONAL COMPENSATION AS SHARPSHOOTER FROM DATE OF QUALIFICATION TO JULY 18, 1923, WHILE HE WAS SERVING IN THE INFANTRY, AND HE IS NOT ENTITLED TO SUCH ADDITIONAL PAY UNDER HIS QUALIFICATION AS SHARPSHOOTER WHILE SERVING UNDER HIS REENLISTMENT IN THE FIELD ARTILLERY.