A-14487, JUNE 29, 1926, 5 COMP. GEN. 1033

A-14487: Jun 29, 1926

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IS NOT APPLICABLE TO ALL WARRANT OFFICERS IN THE ARMY HAVING THE SAME KIND OF SERVICE. RELATIVE TO COMPUTING LONGEVITY OF WARRANT OFFICERS OF THE MARINE CORPS WHO HAVE HAD SERVICE AS "FIELD" CLERKS. IT IS STATED IN THE SUBMISSION THAT THIS QUESTION ARISES BY REASON OF THE ACT OF APRIL 27. SHALL HAVE THE RANK. THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO APPOINT THEM WARRANT OFFICERS OF THE REGULAR ARMY: PROVIDED. ALL CLASSIFIED FIELD SERVICE RENDERED AS HEADQUARTERS CLERKS AND CLERKS OF THE QUARTERMASTER CORPS. * * * IT IS SUGGESTED THAT THE ACT OF JUNE 10. BY REASON THEREOF THEIR RATES OF PAY AND LONGEVITY ARE ASSIMILATED WITH THAT OF WARRANT OFFICERS OF THE ARMY. WARRANT OFFICERS OF THE MARINE CORPS ARE NOW ENTITLED TO COUNT SERVICE AS "FIELD" CLERKS IN THE QUARTERMASTER DEPARTMENT.

A-14487, JUNE 29, 1926, 5 COMP. GEN. 1033

MARINE CORPS PAY, LONGEVITY - WARRANT OFFICERS AS THE ACT OF APRIL 27, 1926, 44 STAT. 328, WHICH AUTHORIZED THE APPOINTMENT OF ARMY FIELD CLERKS AND FIELD CLERKS, QUARTERMASTER CORPS, THEN IN THE ACTIVE SERVICE, AS WARRANT OFFICERS OF THE ARMY, AND THE COUNTING FOR PAY AND RETIREMENT PURPOSES ALL CLASSIFIED FIELD SERVICE RENDERED BY SUCH FORMER CLERKS AS HEADQUARTERS CLERKS AND CLERKS OF THE QUARTERMASTER CORPS, IS NOT APPLICABLE TO ALL WARRANT OFFICERS IN THE ARMY HAVING THE SAME KIND OF SERVICE, IT DOES NOT, BY ASSIMILATION, APPLY TO WARRANT OFFICERS WITH SIMILAR SERVICE IN THE MARINE CORPS. SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, EXPRESSLY PRESCRIBES THE BASE RATES OF PAY AND LONGEVITY INCREASE FOR WARRANT OFFICERS OF THE MARINE CORPS, AND THEREBY PRECLUDES ANY ASSIMILATION TO LONGEVITY PAY PRESCRIBED FOR WARRANT OFFICERS OF THE ARMY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 29, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST OF MAY 21, 1926, FOR DECISION OF QUESTIONS PRESENTED BY THE PAYMASTER, UNITED STATES MARINE CORPS, RELATIVE TO COMPUTING LONGEVITY OF WARRANT OFFICERS OF THE MARINE CORPS WHO HAVE HAD SERVICE AS "FIELD" CLERKS, QUARTERMASTER DEPARTMENT, UNITED STATES MARINE CORPS, UNDER THE ANNUAL APPROPRIATION ACT OF APRIL 27, 1904, AND "AMENDMENTS" THERETO.

IT IS STATED IN THE SUBMISSION THAT THIS QUESTION ARISES BY REASON OF THE ACT OF APRIL 27, 1926, 44 STAT. 328, RELATIVE TO CERTAIN WARRANT OFFICERS OF THE ARMY, WHICH PROVIDES:

THAT HEREAFTER ARMY FIELD CLERKS AND FIELD CLERKS, QUARTERMASTER CORPS, NOW IN ACTIVE SERVICE, SHALL HAVE THE RANK, PAY, ALLOWANCES, RETIREMENT PRIVILEGES AND BENEFITS OF WARRANT OFFICERS, OTHER THAN THOSE OF THE ARMY MINE PLANTER SERVICE, AND THE SECRETARY OF WAR IS HEREBY AUTHORIZED AND DIRECTED TO APPOINT THEM WARRANT OFFICERS OF THE REGULAR ARMY: PROVIDED, THAT IN DETERMINING LENGTH OF SERVICE FOR LONGEVITY PAY AND RETIREMENT THEY SHALL BE CREDITED WITH AND ENTITLED TO COUNT THE SAME MILITARY SERVICE AS NOW AUTHORIZED FOR WARRANT OFFICERS, INCLUDING SERVICE AS ARMY FIELD CLERKS AND FIELD CLERKS, QUARTERMASTER CORPS, AND ALL CLASSIFIED FIELD SERVICE RENDERED AS HEADQUARTERS CLERKS AND CLERKS OF THE QUARTERMASTER CORPS. * * *

IT IS SUGGESTED THAT THE ACT OF JUNE 10, 1922, REMOVED THE ASSIMILATION OF THE PAY OF WARRANT OFFICERS OF THE MARINE CORPS WITH WARRANT OFFICERS OF THE NAVY, AND BY REASON THEREOF THEIR RATES OF PAY AND LONGEVITY ARE ASSIMILATED WITH THAT OF WARRANT OFFICERS OF THE ARMY; ALSO THAT BY REASON OF SUCH ASSIMILATION AND THE RECENT ACT OF APRIL 27, 1926, QUOTED ABOVE, WARRANT OFFICERS OF THE MARINE CORPS ARE NOW ENTITLED TO COUNT SERVICE AS "FIELD" CLERKS IN THE QUARTERMASTER DEPARTMENT, MARINE CORPS, SUCH SERVICE NOT BEING MATERIALLY DIFFERENT FROM THAT OF A CLERK IN THE QUARTERMASTER'S DEPARTMENT OF THE ARMY.

THE ACT OF AUGUST 29, 1916, 39 STAT. 625, CHANGED THE NAMES OF "HEADQUARTERS CLERKS" TO "ARMY FIELD CLERKS," AND A LIMITED NUMBER OF "CLERKS, QUARTERMASTER CORPS" TO "FIELD CLERKS," MAKING EACH CLASS "SUBJECT TO THE RULES AND ARTICLES OF WAR.' THIS GAVE TO SUCH CLERKS A MILITARY STATUS, WHEREAS BEFORE THEIR STATUS WAS CIVILIAN. 25 COMP. DEC. 280 AND 419.

THE ACT OF JULY 9, 1918, 40 STAT. 881-882, CREATED WARRANT OFFICERS OF THE ARMY MINE PLANTER SERVICE, AND THE ACT OF JUNE 4, 1920, 41 STAT. 761, ESTABLISHED IN ADDITION THERETO OTHER WARRANT OFFICERS TO BE APPOINTED FROM NONCOMMISSIONED OFFICERS, ENLISTED MEN, AND PERSONS SERVING OR WHO HAVE SERVED AS ARMY FIELD CLERKS OR FIELD CLERKS, QUARTERMASTER CORPS. THAT ACT ALSO PROHIBITED FURTHER APPOINTMENTS AS ARMY FIELD CLERKS OR FIELD CLERKS, QUARTERMASTER CORPS.

CIVILIAN CLERKS FOR DUTY WITH THE PAY AND QUARTERMASTER DEPARTMENTS OF THE MARINE CORPS AWAY FROM HEADQUARTERS OF THE MARINE CORPS, WERE FIRST PROVIDED FOR IN THE ANNUAL APPROPRIATION ACT OF APRIL 27, 1904, 33 STAT. 347, UNDER PAY OF THE CIVIL FORCE, WHICH PROVISION WITH SOME MODIFICATION WAS REPEATED ANNUALLY UNTIL SUCH CLERKS WERE APPOINTED WARRANT OFFICERS UNDER THE ACT OF AUGUST 29, 1916.

AUTHORITY TO COUNT CIVILIAN SERVICE AS HEADQUARTERS CLERKS AND CLERKS OF THE QUARTERMASTER CORPS IS LIMITED TO THOSE WARRANT OFFICERS OF THE ARMY APPOINTED UNDER THE ACT OF APRIL 27, 1926. BEING EXPRESSLY LIMITED TO THE ARMY FIELD CLERKS AND FIELD CLERKS, QUARTERMASTER CORPS, IN THE SERVICE AS SUCH ON DATE OF THE ACT, IT DOES NOT EXTEND TO WARRANT OFFICERS GENERALLY IN THE ARMY, NOR DOES IT APPLY TO THOSE WARRANT OFFICERS WHO MAY HAVE BEEN APPOINTED FROM ARMY FIELD CLERKS OR FIELD CLERKS, QUARTERMASTER CORPS OF THE ARMY, AS AUTHORIZED IN THE ACT OF JUNE 4, 1920. BEING THUS LIMITED IN ITS APPLICATION TO A SPECIAL CLASS OF WARRANT OFFICERS IN THE ARMY AND NOT APPLYING GENERALLY TO ALL WARRANT OFFICERS OF LIKE SERVICE THEREIN, IT IS NOT A RIGHT THAT MAY BY ASSIMILATION BE APPLIED TO WARRANT OFFICERS OF THE MARINE CORPS.

THE QUESTION SUBMITTED IS THUS ANSWERED IN THE NEGATIVE. IN ADDITION, IT SHOULD BE REMARKED THAT SECTION 9 OF THE ACT OF JUNE 10, 1922, PROVIDES:

THAT COMMENCING JULY 1, 1922, THE MONTHLY BASE PAY OF WARRANT OFFICERS * * * OF THE ARMY AND MARINE CORPS SHALL BE AS FOLLOWS: * * * $148: * * * AND THEY 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. * *

IT IS APPARENT THAT THIS PROVISION REMOVED THE ASSIMILATION OF THE PAY OF WARRANT OFFICERS OF THE MARINE CORPS WITH WARRANT OFFICERS OF THE NAVY; ALSO THAT UNDER SAID PROVISION THE PAY OF WARRANT OFFICERS IN THE MARINE CORPS IS NOT DETERMINED BY ASSIMILATION TO THE PAY OF WARRANT OFFICERS OF THE ARMY, BUT EXPRESSLY PRESCRIBED THEREIN AS MUCH SO AS FOR WARRANT OFFICERS OF THE ARMY. WHERE PAY IS EXPRESSLY PROVIDED, ASSIMILATION THEREOF UNDER PRIOR BASIC LAWS DOES NOT APPLY. DECISION A-13060, MAY 18, 1926, 5 COMP. GEN. 917.