A-13971, APRIL 20, 1926, 5 COMP. GEN. 838

A-13971: Apr 20, 1926

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ARMY PAY - REENLISTMENT IN SAME GRADE IN WHICH DISCHARGED A NONCOMMISSIONED OFFICER OF THE ARMY WHO REENLISTS IN A DIFFERENT ORGANIZATION THAN THE ONE FROM WHICH DISCHARGED IS NOT ENTITLED. BY WHICH WAS DISALLOWED HIS CLAIM FOR DIFFERENCE IN PAY BETWEEN THE GRADES OF SERGEANT AND PRIVATE FROM REENLISTMENT OF AUGUST 18. RECORDS SHOW CLAIMANT WAS DISCHARGED AT COLUMBIS. HE URGES THAT HAVING REENLISTED WITHIN 20 DAYS AFTER DISCHARGE HE WAS ENTITLED TO BE REENLISTED IN THE GRADE OF SERGEANT. TO REENLIST IN THE ORGANIZATION FROM WHICH DISCHARGED WITH THE RANK AND GRADE HELD BY HIM AT THE TIME OF HIS DISCHARGE IF HE REENLISTS WITHIN TWENTY DAYS AFTER THE DATE OF SUCH DISCHARGE: * * * CLAIMANT DID NOT REENLIST IN THE ORGANIZATION FROM WHICH HE WAS DISCHARGED.

A-13971, APRIL 20, 1926, 5 COMP. GEN. 838

ARMY PAY - REENLISTMENT IN SAME GRADE IN WHICH DISCHARGED A NONCOMMISSIONED OFFICER OF THE ARMY WHO REENLISTS IN A DIFFERENT ORGANIZATION THAN THE ONE FROM WHICH DISCHARGED IS NOT ENTITLED, UNDER SECTION 27 OF THE ACT OF JUNE 3, 1916, 39 STAT. 186, TO BE REENLISTED IN THE GRADE HELD BY HIM AT THE DATE OF HIS DISCHARGE.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 20, 1926:

WALTER A. WALKER, PRIVATE FIRST CLASS, SERVICE COMPANY, TWENTY-FIFTH INFANTRY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 885434-W, BY WHICH WAS DISALLOWED HIS CLAIM FOR DIFFERENCE IN PAY BETWEEN THE GRADES OF SERGEANT AND PRIVATE FROM REENLISTMENT OF AUGUST 18, 1920, TO DISCHARGE AUGUST 17, 1923.

RECORDS SHOW CLAIMANT WAS DISCHARGED AT COLUMBIS, N.MEX., AS SERGEANT, HEADQUARTERS COMPANY, TWENTY-FOURTH INFANTRY, ON AUGUST 4, 1920, PER EXPIRATION TERM OF SERVICE AND REENLISTED AT WASHINGTON,D.C., AS PRIVATE FOR TROOP L, TENTH CAVALRY, AUGUST 18, 1920. HE URGES THAT HAVING REENLISTED WITHIN 20 DAYS AFTER DISCHARGE HE WAS ENTITLED TO BE REENLISTED IN THE GRADE OF SERGEANT, AND ON THIS CONTENTION BASES HIS CLAIM FOR PAY AS SERGEANT FOR THE FULL THREE YEARS SERVED UNDER ENLISTMENT CONTRACT OF AUGUST 18, 1920.

SECTION 27 OF THE ACT OF JUNE 3, 1916, 39 STAT. 186, PROVIDES IN PART:

* * * THAT ANY NONCOMMISSIONED OFFICER DISCHARGED WITH AN EXCELLENT CHARACTER SHALL BE PERMITTED, AT THE EXPIRATION OF THREE YEARS IN THE ACTIVE SERVICE, TO REENLIST IN THE ORGANIZATION FROM WHICH DISCHARGED WITH THE RANK AND GRADE HELD BY HIM AT THE TIME OF HIS DISCHARGE IF HE REENLISTS WITHIN TWENTY DAYS AFTER THE DATE OF SUCH DISCHARGE: * * *

CLAIMANT DID NOT REENLIST IN THE ORGANIZATION FROM WHICH HE WAS DISCHARGED; CONSEQUENTLY HE DID NOT COME WITHIN THE PROVISIONS OF THE ACT QUOTED AND WAS NOT ENTITLED TO BE REENLISTED IN THE GRADE HELD BY HIM AT TIME OF DISCHARGE. THE STATUTE MERELY PROVIDES FOR HOLDING A VACANCY IN THE GRADE AND IN THE ORGANIZATION FROM WHICH DISCHARGED FOR 20 DAYS; IT DOES NOT CONTEMPLATE THE QUOTA IN A GRADE IN ANY ORGANIZATION SHALL BE EXCEEDED, NOR REQUIRE THE DISPLACING OF A NONCOMMISSIONED OFFICER IN A DIFFERENT ORGANIZATION TO PROVIDE A VACANCY FOR A FORMER NONCOMMISSIONED OFFICER WHO REENLISTS IN 20 DAYS OF DISCHARGE IN A DIFFERENT ORGANIZATION THAN THAT FROM WHICH DISCHARGED.