A-13060, MAY 18, 1926, 5 COMP. GEN. 917

A-13060: May 18, 1926

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REENLISTMENT ALLOWANCE ENLISTED MEN OF THE MARINE CORPS ARE ENTITLED TO COUNT AS SERVICE FOR LONGEVITY INCREASE OF PAY AND FOR ENLISTMENT ALLOWANCE ON REENLISTMENT. THEY ARE ENTITLED TO INCLUDE TIME UNDER ARREST AWAITING TRIAL. AS WAS HELD WITH RESPECT TO ENLISTED MEN OF THE NAVY IN DECISION OF DECEMBER 1. SUCH TIME IS NOT AUTHORIZED TO BE COUNTED BY ENLISTED MEN OF THE ARMY BY REASON OF THE ACT OF APRIL 27. IT IS SUGGESTED THAT AS PROVISION IS NOW MADE BY SECTION 9 OF THE ACT OF JUNE 10. THAT RESTRICTIONS IMPOSED BY LAW UPON ENLISTED MEN OF THE ARMY AS TO SERVICE AND THE MAKING GOOD TIME LOST ARE NO LONGER APPLICABLE TO ENLISTED MEN OF THE MARINE CORPS SO FAR AS LONGEVITY INCREASE OF PAY AND ENLISTMENT ALLOWANCE ARE CONCERNED.

A-13060, MAY 18, 1926, 5 COMP. GEN. 917

MARINE CORPS PAY, LONGEVITY - GRATUITIES, REENLISTMENT ALLOWANCE ENLISTED MEN OF THE MARINE CORPS ARE ENTITLED TO COUNT AS SERVICE FOR LONGEVITY INCREASE OF PAY AND FOR ENLISTMENT ALLOWANCE ON REENLISTMENT, TIME SPENT WHILE UNDER ARREST AWAITING TRIAL, OR TIME SPENT IN CONFINEMENT AFTER TRIAL, WHERE THE PUNISHMENT INFLICTED BY A COURT-MARTIAL OR DECK COURT DOES NOT INVOLVE CONFINEMENT IN A NAVAL PRISON, OR ON A RECEIVING SHIP, OR AT A STATION DESIGNATED AS A NAVAL PRISON, BUT INVOLVES CONFINEMENT ONLY TO THE LIMITS OF THE SHIP OR STATION TO WHICH ATTACHED OR CONFINEMENT IN THE BRIG OF SUCH SHIP OR STATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 18, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST OF FEBRUARY 8, 1926, FOR DECISION OF THE QUESTION PRESENTED BY THE COMMANDANT OF THE MARINE CORPS WHETHER, IN COMPUTING THE SERVICES OF ENLISTED MEN OF THE MARINE CORPS FOR LONGEVITY INCREASE OF PAY AND FOR ENLISTMENT ALLOWANCE ON REENLISTMENT, THEY ARE ENTITLED TO INCLUDE TIME UNDER ARREST AWAITING TRIAL; OR TIME IN CONFINEMENT AFTER TRIAL AND CONVICTION UNDER SENTENCE OF COURT-MARTIAL OR DECK COURT WHERE THE PUNISHMENT INFLICTED DOES NOT INVOLVE CONFINEMENT IN A NAVAL PRISON (OR AT A RECEIVING SHIP OR STATION DESIGNATED AS A NAVAL PRISON), BUT INVOLVES CONFINEMENT ONLY TO THE LIMITS OF THE SHIP OR STATION TO WHICH ATTACHED OR CONFINEMENT IN THE BRIG OF SUCH SHIP OR STATION, AS WAS HELD WITH RESPECT TO ENLISTED MEN OF THE NAVY IN DECISION OF DECEMBER 1, 1925, A-11036, 52 MS. COMP. GEN. 27.

SUCH TIME IS NOT AUTHORIZED TO BE COUNTED BY ENLISTED MEN OF THE ARMY BY REASON OF THE ACT OF APRIL 27, 1914, 38 STAT. 353, AND THE 107TH ARTICLE OF WAR, 41 STAT. 809; 2 COMP. GEN. 162. UNDER SECTION 1612, REVISED STATUTES, ENLISTED MEN OF THE MARINE CORPS MAY NOT COUNT ANY TIME FOR CONTINUOUS-SERVICE PAY THAT ENLISTED MEN OF THE ARMY MAY NOT COUNT. COMP. DEC. 174. IT IS SUGGESTED THAT AS PROVISION IS NOW MADE BY SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, FOR PAY, LONGEVITY INCREASE OF PAY, AND ENLISTMENT ALLOWANCE FOR ENLISTED MEN OF THE MARINE CORPS INDEPENDENTLY OF SECTION 1612, REVISED STATUTES, THAT RESTRICTIONS IMPOSED BY LAW UPON ENLISTED MEN OF THE ARMY AS TO SERVICE AND THE MAKING GOOD TIME LOST ARE NO LONGER APPLICABLE TO ENLISTED MEN OF THE MARINE CORPS SO FAR AS LONGEVITY INCREASE OF PAY AND ENLISTMENT ALLOWANCE ARE CONCERNED.

SECTION 9 IS IN PART AS FOLLOWS:

THAT COMMENCING JULY 1, 1922, THE MONTHLY BASE PAY OF * * * ENLISTED MEN OF THE ARMY AND MARINE CORPS SHALL BE AS FOLLOWS: * * *. EXISTING LAWS AUTHORIZING CONTINUOUS-SERVICE PAY FOR EACH FIVE YEARS OF SERVICE ARE HEREBY REPEALED, EFFECTIVE JUNE 30, 1922. COMMENCING JULY 1, 1922, * * * ENLISTED MEN OF THE ARMY AND MARINE CORPS, SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 5 PERCENTUM OF THEIR BASE PAY FOR EACH FOUR YEARS OF SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT NOT TO EXCEED 25 PERCENTUM. ON AND AFTER JULY 1, 1922, AN ENLISTMENT ALLOWANCE EQUAL TO $50, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE FIRST THREE GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE, AND AN ENLISTMENT ALLOWANCE OF $25, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE OTHER GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE. NOTHING CONTAINED HEREIN SHALL OPERATE TO REDUCE THE PAY NOW BEING RECEIVED BY ANY TRANSFERRED MEMBER OF THE FLEET MARINE CORPS RESERVE. ON AND AFTER JULY 1, 1922, RETIRED ENLISTED MEN OF THE ARMY AND MARINE CORPS SHALL HAVE THEIR RETIRED PAY COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT.

HAD THIS PROVISION OF LAW NAMED ONLY THE ARMY, UNDER SECTION 1612, REVISED STATUTES, IT WOULD HAVE BEEN AUTOMATICALLY APPLICABLE TO THE MARINE CORPS. 27 COMP. DEC. 1010. IN BRISTOW V. UNITED STATES, 47 COURT OF CLAIMS, 46, 50, THE COURT SAID:

THE PAY OF THE MARINE CORPS IS REGULATED BY THE LAWS WHICH GOVERN THE PAY OF THE ARMY, AND THIS IS DONE BY THE AUTOMATIC ACTION OF SECTION 1612, REVISED STATUTES. THIS SECTION, HOWEVER, DOES NOT PERFORM THIS FUNCTION WHEN CONGRESS HAS MADE ANY SPECIFIC PROVISION FOR THE PAY OF THE MARINE CORPS OR ANY ONE OF ITS OFFICERS OR ENLISTED MEN AS BY SECTION 23 OF THE ACT OF MARCH 3, 1899, SUPRA, IT HAS DONE WITH REFERENCE TO GUNNERY SERGEANTS. SECTION 1612 PROVIDES THAT OFFICERS AND ENLISTED MEN OF THE MARINE CORPS "SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES" AS OFFICERS AND ENLISTED MEN OF LIKE GRADES IN THE INFANTRY OF THE ARMY. CONGRESS AFTERWARDS MADE AN EXCEPTION IN THE CASE OF GUNNERY SERGEANTS, AND UNTIL THIS EXCEPTION IS REPEALED SECTION 1612 WILL HAVE NO CONTROL OVER THEIR PAY.

SUBSTANTIALLY THE SAME RESTRICTION AS TO PAY FOR OFFICERS AND ENLISTED MEN OF THE ARMY CONTAINED IN THE ACT OF APRIL 27, 1914, AND THE MAKING GOOD TIME LOST FOR THE CAUSES THEREIN STATED, WAS SUBSEQUENTLY ENACTED FOR OFFICERS AND ENLISTED MEN OF THE NAVY AND MARINE CORPS IN THE ACT OF AUGUST 29, 1916, 39 STAT. 580, AMENDED JULY 1, 1918, 40 STAT. 713. THE PROVISIONS FOR MAKING GOOD TIME LOST BY ENLISTED MEN OF THE ARMY CONTAINED IN THE ACT OF APRIL 27, 1914, AND THE 107TH ARTICLE OF WAR ARE NOT APPLICABLE FOR THAT PURPOSE TO THE MARINE CORPS, 69 MS. COMP. DEC. 1264, JUNE 3, 1914; BUT THESE PROVISIONS OF LAW WERE OPERATIVE IN THE MARINE CORPS ONLY AS SUCH DENIAL OF CREDIT FOR SERVICE-AFFECTED PAY. SPECIFIC PROVISION HAVING BEEN MADE BY SECTION 9 OF THE ACT OF JUNE 10, 1922, FOR PAY, LONGEVITY INCREASE OF PAY, AND ENLISTMENT ALLOWANCE FOR ENLISTED MEN OF THE MARINE CORPS, THEY ARE ENTITLED TO PAY PURSUANT TO THAT ACT WITHOUT REFERENCE TO THE ARMY LAWS CITED AS TO MAKING GOOD TIME LOST. IN THESE CIRCUMSTANCES AND AS ENLISTED MEN OF THE MARINE CORPS ARE AVAILABLE FOR, AND PERFORM, DUTY WHILE CONFINED AWAITING TRIAL AND WHILE SERVING SENTENCES FOR PETTY OFFENSES, THEY ARE ENTITLED TO COUNT AS SERVICE FOR LONGEVITY INCREASE OF PAY AND FOR ENLISTMENT ALLOWANCE ON REENLISTMENT, TIME WHILE UNDER ARREST AWAITING TRIAL OR TIME SPENT IN CONFINEMENT AFTER TRIAL AND CONVICTION WHERE THE PUNISHMENT INFLICTED BY A COURT-MARTIAL OR DECK COURT DOES NOT INVOLVE CONFINEMENT IN A NAVAL PRISON (OR ON A RECEIVING SHIP OR STATION DESIGNATED AS A NAVAL PRISON), BUT INVOLVES CONFINEMENT ONLY TO THE LIMITS OF THE SHIP OR STATION TO WHICH ATTACHED OR CONFINEMENT IN THE BRIG OF SUCH SHIP OR STATION. CONFINEMENT IN A NAVAL PRISON, HOWEVER, IS NOT TO BE COUNTED AS SERVICE FOR THIS PURPOSE.