A-14746, JUNE 30, 1926, 5 COMP. GEN. 1035

A-14746: Jun 30, 1926

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LONGEVITY - OFFICERS' RESERVE CORPS MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR TRAINING ARE ENTITLED ONLY TO BE PAID THE BASE OR PERIOD PAY CORRESPONDING TO THEIR GRADE OR RANK AS PRESCRIBED IN SECTION 3 OF THE ACT OF JUNE 10. THERE WAS ALLOWED FIRST LIEUT. THE AMOUNT ALLOWED IS THE DIFFERENCE BETWEEN THE PAY AND RENTAL ALLOWANCE OF A FIRST LIEUTENANT OF THE ARMY WITH OVER 10 YEARS' SERVICE (THIRD PAY PERIOD) AND PAY AND RENTAL ALLOWANCE OF A FIRST LIEUTENANT. THERE WAS INCLUDED 10 YEARS. THE ACTIVE-DUTY PAY OF THE MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY IS PROVIDED BY SECTION 3 OF THE ACT OF JUNE 10. AS FOLLOWS: THAT WHEN OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY.

A-14746, JUNE 30, 1926, 5 COMP. GEN. 1035

ARMY PAY, LONGEVITY - OFFICERS' RESERVE CORPS MEMBERS OF THE OFFICERS' RESERVE CORPS ON ACTIVE DUTY FOR TRAINING ARE ENTITLED ONLY TO BE PAID THE BASE OR PERIOD PAY CORRESPONDING TO THEIR GRADE OR RANK AS PRESCRIBED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AND TO BE CREDITED WITH LONGEVITY IN COMPUTING THEIR ACTIVE- DUTY PAY FOR PERIODS DURING WHICH THEY HELD COMMISSIONS AS OFFICERS, AS PROVIDED THEREIN. SERVICE AS ENLISTED MEN IN THE ARMY MAY NOT BE COUNTED IN COMPUTING SUCH LONGEVITY PAY.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 30, 1926:

BY SETTLEMENT NO. 0106266, DATED JANUARY 13, 1926, THERE WAS ALLOWED FIRST LIEUT. HANS H. RUDOLPH, INFANTRY, OFFICERS' RESERVE CORPS, ARMY, $213.34 FOR LONGEVITY PAY AND $70 FOR RENTAL ALLOWANCE FOR PERIODS WHILE ON ACTIVE SERVICE FOR TRAINING FROM MARCH 20, 1919, DATE OF ACCEPTANCE OF COMMISSION IN THE OFFICERS' RESERVE CORPS, TO JULY 26, 1925.

THE AMOUNT ALLOWED IS THE DIFFERENCE BETWEEN THE PAY AND RENTAL ALLOWANCE OF A FIRST LIEUTENANT OF THE ARMY WITH OVER 10 YEARS' SERVICE (THIRD PAY PERIOD) AND PAY AND RENTAL ALLOWANCE OF A FIRST LIEUTENANT, OFFICERS' RESERVE CORPS (SECOND PAY PERIOD), WITH LESS THAN THREE YEARS' SERVICE AND WITH OVER THREE YEARS' SERVICE SUBSEQUENT TO AUGUST 1, 1924. IN COMPUTING THE INCREASE OF PAY FOR LENGTH OF SERVICE, THERE WAS INCLUDED 10 YEARS, 8 MONTHS, AND 1 DAY'S SERVICE AS AN ENLISTED MAN DURING THE PERIOD FROM SEPTEMBER 7, 1904, TO DECEMBER 17, 1915.

THE ACTIVE-DUTY PAY OF THE MEMBERS OF THE OFFICERS' RESERVE CORPS OF THE ARMY IS PROVIDED BY SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS FOLLOWS:

THAT WHEN OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY. IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE, WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE PERFORMED ACTIVE DUTY UNDER RESERVE COMMISSIONS, AND WITH ONE-HALF TIME FOR ALL OTHER PERIODS DURING WHICH THEY HAVE HELD RESERVE COMMISSIONS.

UNDER THIS SPECIFIC PROVISION OF LAW MEMBERS OF THE OFFICERS' RESERVE CORPS ARE ENTITLED TO BE PAID BASE OR PERIOD PAY CORRESPONDING TO THEIR GRADE AS THEREIN PRESCRIBED AND TO BE CREDITED LONGEVITY IN COMPUTING THEIR ACTIVE-DUTY PAY WITH PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS AS THEREIN STATED. SERVICE AS AN ENLISTED MAN IS NOT AUTHORIZED TO BE COUNTED. DECISION OF MAY 15, 1924, REVIEW 5420; 2 COMP. GEN. 115, 406, AND 590.

CLAIMANT'S SERVICE AS A COMMISSIONED OFFICER APPEARS TO HAVE BEEN AS FOLLOWS:

TABLE FIRST LIEUTENANT UNITED STATES GUARDS, FROM MAY 25, 1918,

TO FEBRUARY 6, 1919 ------------------------------------- 0 8 12 INACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM MARCH 20,

1919, TO JULY 15, 1922, ONE-HALF OF 3 YEARS, 3 MONTHS,

26 DAYS ------------------------------------------------- 1 7 28 ACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM JULY 16 TO

30, 1922 ------------------------------------------------ 0 0 15 INACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM AUGUST 1,

1922, TO AUGUST 11, 1923, ONE-HALF OF 1 YEAR, 11 DAYS --- 0 6 5 ACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM AUGUST 12 TO

26, 1923 ------------------------------------------------ 0 0 15 INACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM AUGUST 27,

1923, TO JUNE 15, 1924, ONE-HALF OF 9 MONTHS, 19 DAYS --- 0 4 25 ACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM JUNE 16 TO

AUGUST 15, 1924 ----------------------------------------- 0 2 0 INACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM AUGUST 16,

1924, TO JULY 11, 1925, ONE-HALF OF 10 MONTHS, 26 DAYS -- 0 5 13 ACTIVE SERVICE OFFICERS' RESERVE CORPS, FROM JULY 12 TO

26, 1925 ------------------------------------------------ 0 0 15

4 0 8

CLAIMANT COMPLETED THREE YEARS' SERVICE AUTHORIZED TO BE CREDITED IN THE COMPUTATION OF HIS LONGEVITY PAY ON SEPTEMBER 26, 1923, AND FOR ACTIVE SERVICE PERFORMED AFTER THAT DATE HE IS ENTITLED UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, TO BASE PAY OF THE SECOND PAY PERIOD, $2,000 TOGETHER WITH AN INCREASE OF 5 PERCENT THEREOF, OR PAY AT THE RATE OF $175 PER MONTH. FOR ACTIVE SERVICE PERFORMED AFTER AUGUST 1, 1924, HE RECEIVED PAY AT THE RATE OF $175 PER MONTH. HE IS ENTITLED TO THE DIFFERENCE BETWEEN PAY RECEIVED BY HIM AT THE RATE OF $166.67 PER MONTH AND PAY AT $175 PER MONTH FOR ACTIVE SERVICE PERFORMED FROM JUNE 16 TO JULY 30, 1924--- 1 MONTH, 15 DAYS, AT $8.33, OR $12.49. NO ADDITIONAL AMOUNT FOR RENTAL ALLOWANCE IS DUE.

UPON REVIEW THERE IS ALLOWED $12.49 INSTEAD OF $283.34, AND THE DIFFERENCE, $270.95, IS CERTIFIED DUE THE UNITED STATES, WHICH AMOUNT SHOULD BE TRANSMITTED TO THIS OFFICE WITHOUT DELAY.