A-14780, JUNE 30, 1926, 5 COMP. GEN. 1038

A-14780: Jun 30, 1926

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ARE ENTITLED. TO HAVE THEIR RETIRED PAY COMPUTED ON THE BASIS OF PAY PROVIDED BY THE ACT OF JUNE 10. REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED. THE VOUCHER SHOWS THAT MAJOR PHILLIPS WAS RETIRED DECEMBER 11. IT IS STATED THAT HE HAS HAD ACTIVE SERVICE SINCE RETIREMENT FROM NOVEMBER 2. ON THE ASSUMPTION THE ERROR IS AS TO DATES DURING WHICH ACTIVE SERVICE WAS RENDERED AFTER RETIREMENT THE QUESTION WILL BE CONSIDERED. THE DIFFERENCE IN PAY ON THE BASIS OF SUCH SERVICE IS CLAIMED AS AUTHORIZED BY THE ACT OF MAY 8. WHO WERE RETIRED ON OR BEFORE JUNE 30. THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH THIS ACT ARE HEREBY REPEALED. WAS SPECIFICALLY PROHIBITED BY SECTION 17 OF THE ACT OF JUNE 10.

A-14780, JUNE 30, 1926, 5 COMP. GEN. 1038

ARMY PAY - RETIRED - LONGEVITY OFFICERS OF THE ARMY RETIRED PRIOR TO JULY 1, 1922, ARE ENTITLED, BY VIRTUE OF THE ACT OF MAY 8, 1926, 44 STAT. 417, TO HAVE THEIR RETIRED PAY COMPUTED ON THE BASIS OF PAY PROVIDED BY THE ACT OF JUNE 10, 1922, 42 STAT. 625, THE RATE OF BASE PAY BEING DETERMINED BY THE LENGTH OF SERVICE ON JUNE 30, 1922. ALL ACTIVE SERVICE AFTER RETIREMENT MAY BE CREDITED FOR LONGEVITY INCREASE IN RETIRED PAY, BUT ACTIVE SERVICE AFTER RETIREMENT AND AFTER JUNE 30, 1922, DOES NOT ENTITLE TO ADVANCEMENT FOR RETIRED-PAY PURPOSES FROM ONE PAY PERIOD TO ANOTHER UNDER THE ACT OF JUNE 10, 1922.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, JUNE 30, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 7, 1926, TRANSMITTING A VOUCHER IN FAVOR OF MAJ. BURT W. PHILLIPS, RETIRED, UNITED STATES ARMY, IN THE AMOUNT OF $33.54, FOR DIFFERENCE BETWEEN RETIRED PAY AS MAJOR WITH OVER 24 YEARS' SERVICE, FOURTH PAY PERIOD, AND RETIRED PAY AS MAJOR WITH OVER 24 YEARS' SERVICE, FIFTH PAY PERIOD, FROM MAY 8 TO 31, 1926, AND REQUESTING DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED.

THE VOUCHER SHOWS THAT MAJOR PHILLIPS WAS RETIRED DECEMBER 11, 1919, HAVING HAD 21 YEARS, 5 MONTHS, AND 24 DAYS' SERVICE FOR LONGEVITY-PAY PURPOSES. IT IS STATED THAT HE HAS HAD ACTIVE SERVICE SINCE RETIREMENT FROM NOVEMBER 2, 1921, TO FEBRUARY 22, 1924, A PERIOD OF 2 YEARS, 3 MONTHS, AND 21 DAYS AND NOT 2 YEARS, 8 MONTHS, AND 28 DAYS AS STATED ON THE VOUCHER, MAKING A TOTAL OF 23 YEARS, 9 MONTHS, AND 15 DAYS. THE COMPUTATION ON THE VOUCHER SHOWS A TOTAL OF 24 YEARS, 2 MONTHS, AND 22 DAYS, AND ON THE ASSUMPTION THE ERROR IS AS TO DATES DURING WHICH ACTIVE SERVICE WAS RENDERED AFTER RETIREMENT THE QUESTION WILL BE CONSIDERED. THE DIFFERENCE IN PAY ON THE BASIS OF SUCH SERVICE IS CLAIMED AS AUTHORIZED BY THE ACT OF MAY 8, 1926, 44 STAT. 417, AS FOLLOWS:

THAT HEREAFTER THE RETIRED PAY OF THE OFFICERS AND WARRANT OFFICERS OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, WHO WERE RETIRED ON OR BEFORE JUNE 30, 1922, SHALL NOT BE LESS THAN THAT PROVIDED FOR THE OFFICERS AND WARRANT OFFICERS OF THESE SERVICES OF EQUAL RANK AND LENGTH OF SERVICE RETIRED SUBSEQUENT TO THAT DATE: PROVIDED, THAT NOTHING IN THIS ACT SHALL OPERATE TO REDUCE THE PAY OF ANY OFFICER OR WARRANT OFFICER NOW ON THE RETIRED LIST.

SEC. 2. THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH THIS ACT ARE HEREBY REPEALED.

THE PROMOTION OF OFFICERS ON THE RETIRED LIST BY REASON OF ACTIVE SERVICE AFTER RETIREMENT AUTHORIZED BY THE ACTS OF JUNE 3, 1916, 39 STAT. 183; JULY 9, 1918, 40 STAT. 890; AND JUNE 4, 1920, 41 STAT. 786, WAS SPECIFICALLY PROHIBITED BY SECTION 17 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, EFFECTIVE JULY 1, 1922. ACCORDINGLY THE PAY PERIOD FOR THE PURPOSE OF COMPUTATION UNDER THE ACT OF MAY 8, 1926, OF THE RETIRED PAY OF OFFICERS RETIRED PRIOR TO JULY 1, 1922, MUST BE BASED ON THE OFFICER'S TOTAL SERVICE ON THE ACTIVE LIST AND ACTIVE DUTY AFTER RETIREMENT TO AND INCLUDING JUNE 30, 1922; ADVANCEMENT FOR RETIRED PAY PURPOSES FROM ONE PAY PERIOD TO ANOTHER UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 625, IS NOT AUTHORIZED BY REASON OF ACTIVE SERVICE PERFORMED AFTER RETIREMENT AND SUBSEQUENT TO JUNE 30, 1922. 3 COMP. GEN. 212; 5 ID. 195.

MAJOR PHILLIPS AT TIME OF RETIREMENT HAD COMPLETED 21 YEARS, 5 MONTHS, AND 24 DAYS' SERVICE. SUBSEQUENT TO RETIREMENT AND PRIOR TO JULY 1, 1922, HE WAS ON ACTIVE DUTY 7 MONTHS AND 29 DAYS (FROM NOVEMBER 2, 1921, TO JUNE 30, 1922), MAKING A TOTAL OF 22 YEARS, 1 MONTH, AND 23 DAYS' SERVICE, ENTITLING HIM TO BASE PAY OF THE FOURTH PERIOD.

UNDER THE RULE STATED IN THE DECISION OF OCTOBER 16, 1923, 3 COMP. GEN. 212, FOR THE COMPUTATION OF THE PAY OF AN OFFICER OF THE ARMY RETIRED SUBSEQUENT TO JUNE 30, 1922, AND BY VIRTUE OF THE ACT OF MAY 8, 1926, CITED, ON THE ASSUMPTION HE HAS COMPLETED 24 YEARS' ACTIVE SERVICE, INCLUDING ACTIVE SERVICE BOTH BEFORE AND AFTER RETIREMENT, MAJOR PHILLIPS IS ENTITLED TO RETIRED PAY AT THE RATE OF $3,150 PERANNUM, BEING THREE- FOURTHS OF $3,000, BASE PAY OF THE FOURTH PERIOD, THE ACTIVE PAY OF A MAJOR OF OVER 14 AND LESS THAN 23 YEARS OF SERVICE, INCREASED BY 40 PERCENT, OR 5 PERCENT FOR EACH PERIOD OF THREE YEARS' SERVICE, COMPUTED ON THE BASIS OF THE TOTAL SERVICE SHOWN ON THE VOUCHER BOTH BEFORE AND AFTER RETIREMENT, $4,200. HE SEEMS TO HAVE BEEN PAID $201.25 FOR THE PERIOD FROM MAY 8 TO 31, 1926, AND NO FURTHER PAYMENT IS AUTHORIZED FOR THIS PERIOD.