A-15165, AUGUST 3, 1926, 6 COMP. GEN. 99

A-15165: Aug 3, 1926

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" THE PAYMENT OF WHICH IS LIMITED BY SECTION 7 OF THE ACT OF JUNE 10. WHEREIN WAS DISALLOWED $8.66 OF HIS $20 RENTAL ALLOWANCE CLAIM COVERING THE PERIOD AUGUST 9. ALLOWANCES ALREADY OBTAINED BY THE OFFICER WOULD HAVE RESULTED IN HIS RECEIVING IN EXCESS OF $20 PER DAY. THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT OF THE EXCESS ABOVE $7. THE DAY IS THE BASIS OF COMPUTATION FOR DETERMINING WHEN THE MAXIMUM OF $7. 200 A YEAR IS EXCEEDED FOR ANY PARTICULAR PERIOD AND WHEN "BASE PAY. SUCH PROVISION IS MADE APPLICABLE TO ALL OFFICERS OF ALL BRANCHES OF THE SEVERAL SERVICES MENTIONED IN THE TITLE OF THE ACT. THE INCREASE OF PAY AUTHORIZED FOR DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS IS NOT INCLUDED IN THE TERMS "BASE PAY" AND "PAY FOR LENGTH OF SERVICE" AS USED IN SECTION 7 OF THE SAID ACT OF JUNE 10.

A-15165, AUGUST 3, 1926, 6 COMP. GEN. 99

MAXIMUM PAY AND ALLOWANCES OF OFFICERS BELOW THE GRADE OF BRIGADIER GENERAL THE INCREASE OF PAY AUTHORIZED FOR DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS SHOULD BE DISREGARDED IN THE COMPUTATION OF THE TOTAL "BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS," THE PAYMENT OF WHICH IS LIMITED BY SECTION 7 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, 629, TO $7,200 A YEAR FOR ANY OFFICER OF THE ARMY BELOW THE GRADE OF BRIGADIER GENERAL.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 3, 1926:

MAJ. FOLLETT BRADLEY, AIR SERVICE, UNITED STATES ARMY, HAS APPLIED FOR REVIEW OF SETTLEMENT NO. 0107062-W, DATED JANUARY 26, 1926, WHEREIN WAS DISALLOWED $8.66 OF HIS $20 RENTAL ALLOWANCE CLAIM COVERING THE PERIOD AUGUST 9, 1923, TO AUGUST 14, 1923, FOR THE REASON THAT ALLOWANCE OF THE SUM CLAIMED IN ADDITION TO PAY, INCLUDING AVIATION INCREASE, AND ALLOWANCES ALREADY OBTAINED BY THE OFFICER WOULD HAVE RESULTED IN HIS RECEIVING IN EXCESS OF $20 PER DAY.

SECTION 7 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628-629, PROVIDES:

THAT WHEN THE TOTAL OF BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AUTHORIZED IN THIS ACT FOR ANY OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, SHALL EXCEED $7,200 A YEAR, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT OF THE EXCESS ABOVE $7,200: PROVIDED, THAT THIS SECTION SHALL NOT APPLY TO THE CAPTAIN COMMANDANT OF THE COAST GUARD NOR TO THE DIRECTOR OF THE COAST AND GEODETIC SURVEY.

THE DAY IS THE BASIS OF COMPUTATION FOR DETERMINING WHEN THE MAXIMUM OF $7,200 A YEAR IS EXCEEDED FOR ANY PARTICULAR PERIOD AND WHEN "BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTER," EXCEED $20 FOR ANY PARTICULAR DAY, THE ALLOWANCES MUST BE REDUCED BY THE AMOUNT OF THE EXCESS. 2 COMP. GEN. 709.

SECTION 13A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY SECTION 13 OF THE ACT OF JUNE 4, 1920, 41 STAT. 768-769, PROVIDES THAT "OFFICERS AND ENLISTED MEN OF THE ARMY SHALL RECEIVE AN INCREASE OF 50 PERCENT OF THEIR PAY WHILE ON DUTY REQUIRING THEM TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS," AND BY SECTION 20 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632-633, SUCH PROVISION IS MADE APPLICABLE TO ALL OFFICERS OF ALL BRANCHES OF THE SEVERAL SERVICES MENTIONED IN THE TITLE OF THE ACT.

THE INCREASE OF PAY AUTHORIZED FOR DUTY REQUIRING REGULAR AND FREQUENT PARTICIPATION IN AERIAL FLIGHTS IS NOT INCLUDED IN THE TERMS "BASE PAY" AND "PAY FOR LENGTH OF SERVICE" AS USED IN SECTION 7 OF THE SAID ACT OF JUNE 10, 1922, BUT IS AN ADDITION THERETO AUTHORIZED FOR THE PERFORMANCE OF A SPECIAL DUTY. IN THIS CONNECTION, SEE 21 COMP. DEC. 863.

MAJOR BRADLEY'S TOTAL PAY AND ALLOWANCES, INCLUSIVE OF THE RENTAL ALLOWANCE CLAIMED BUT EXCLUSIVE OF THE INCREASE FOR AVIATION DUTY, AMOUNTING TO LESS THAN $20 PER DIEM THE LIMITING PROVISION CONTAINED IN SECTION 7 (SUPRA) IS INAPPLICABLE. THE SETTLEMENT IS, THEREFORE, MODIFIED AND AN ADDITIONAL $8.66 WILL BE CERTIFIED FOR PAYMENT TO HIM.