A-16722, JANUARY 8, 1927, 6 COMP. GEN. 461

A-16722: Jan 8, 1927

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LONGEVITY - CADET SERVICE AT MILITARY ACADEMY A CADET GRADUATED FROM THE UNITED STATES MILITARY ACADEMY IN 1920 IS NOT ENTITLED TO HAVE THE PERIOD BETWEEN DATE OF GRADUATION AND DATE OF COMMISSION COUNTED IN COMPUTING LENGTH OF SERVICE FOR LONGEVITY PAY PURPOSES BECAUSE OF THE PROVISIONS IN THE ACT OF JUNE 4. WHEREIN HE WAS PAID $3.24. WAS COMMISSIONED A SECOND LIEUTENANT JULY 2. HE WAS PAID AS A SECOND LIEUTENANT FOR THE MONTH OF JUNE. ON AUDIT OF THE VOUCHER BY THIS OFFICE THE CREDIT FOR SECOND PERIOD PAY AND ALLOWANCES WAS DISALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER WHO PAID THE VOUCHER. WAS TO PROHIBIT THE CREATION OF THE STATUS OF A COMMISSIONED OFFICER OF THE ARMY OF MEMBERS OF THE CLASS OF THAT YEAR PRIOR TO JULY 2.

A-16722, JANUARY 8, 1927, 6 COMP. GEN. 461

PAY, LONGEVITY - CADET SERVICE AT MILITARY ACADEMY A CADET GRADUATED FROM THE UNITED STATES MILITARY ACADEMY IN 1920 IS NOT ENTITLED TO HAVE THE PERIOD BETWEEN DATE OF GRADUATION AND DATE OF COMMISSION COUNTED IN COMPUTING LENGTH OF SERVICE FOR LONGEVITY PAY PURPOSES BECAUSE OF THE PROVISIONS IN THE ACT OF JUNE 4, 1920, 41 STAT. 786, WHICH PROHIBITED THE DATING OF THE COMMISSIONS OF CADETS GRADUATING IN THAT YEAR, PRIOR TO JULY 2, 1920.

DECISION BY ASSISTANT COMPTROLLER GENERAL GINN, JANUARY 8, 1927:

LIEUT. L. L. LEMNITZER HAS REQUESTED, UNDER DATE OF OCTOBER 20, 1926, REVIEW OF SETTLEMENT 0128886 OF AUGUST 25, 1926, WHEREIN HE WAS PAID $3.24, BEING THE DIFFERENCE BETWEEN THE AMOUNT, $17.28, CREDITED TO HIM AS REFUND OF INTERNAL-REVENUE TAX PAID FOR THE YEAR 1921 AND $14.04 REPRESENTING AN INDEBTEDNESS DUE FROM HIM TO THE UNITED STATES ON ACCOUNT OF AN OVERPAYMENT TO HIM OF PAY AND ALLOWANCES AS SECOND LIEUTENANT FOR MONTH OF JUNE, 1925.

LIEUTENANT LEMNITZER GRADUATED AS A CADET FROM THE UNITED STATES MILITARY ACADEMY ON JUNE 14, 1920, AND WAS COMMISSIONED A SECOND LIEUTENANT JULY 2, 1920. HE WAS PAID AS A SECOND LIEUTENANT FOR THE MONTH OF JUNE, 1925, BY VOUCHER 46, JULY, 1925, ACCOUNTS OF CAPT. ROBERT J. KENNEDY, THE VOUCHER INCLUDING A CREDIT OF $14.04 FOR PAY AND ALLOWANCES OF THE SECOND PERIOD, AS AFTER FIVE YEARS' SERVICE, FROM JUNE 15, 1925. ON AUDIT OF THE VOUCHER BY THIS OFFICE THE CREDIT FOR SECOND PERIOD PAY AND ALLOWANCES WAS DISALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER WHO PAID THE VOUCHER.

SECTION 6 OF THE ACT OF AUGUST 24, 1912, 37 STAT. 594, PROVIDES:

THAT HEREAFTER THE SERVICE OF A CADET WHO MAY HEREAFTER BE APPOINTED TO THE UNITED STATES MILITARY ACADEMY * * * SHALL NOT BE COUNTED IN COMPUTING FOR PAY PURPOSES THE LENGTH OF SERVICE OF ANY OFFICER OF THE ARMY.

THE ACT OF JUNE 4, 1920, 41 STAT. 786, PROVIDES:

CADETS GRADUATED FROM THE UNITED STATES MILITARY ACADEMY DURING THE PRESENT CALENDAR YEAR SHALL BE COMMISSIONED AS SECOND LIEUTENANTS TO DATE NOT EARLIER THAN JULY 2, 1920.

THE EFFECT OF THE ACT OF JUNE 4, 1920, WAS TO PROHIBIT THE CREATION OF THE STATUS OF A COMMISSIONED OFFICER OF THE ARMY OF MEMBERS OF THE CLASS OF THAT YEAR PRIOR TO JULY 2, 1920. AFTER GRADUATION AND PRIOR TO COMMISSION AS OFFICERS SUCH MEMBERS WERE "CANDIDATES FOR OMMISSION" AND NOT OFFICERS. PARAGRAPH 3 A.R. 35-3070. AS CADET SERVICE CAN NOT BE COUNTED ON COMPUTING LENGTH OF SERVICE FOR PAY PURPOSES, AND AS LIEUTENANT LEMNITZER HAD NO COMMISSIONED STATUS PRIOR TO JULY 2, 1920, HE DID NOT ATTAIN TO FIVE YEARS' SERVICE FOR THE PURPOSE OF COMPUTING HIS LENGTH OF SERVICE FOR PAY PURPOSES UNTIL AFTER JULY 1, 1925. THE AMOUNT, $14.04, PAID HIM FOR SECOND PERIOD PAY AND ALLOWANCES FOR JUNE, 1925, WAS, THEREFORE, AN OVERPAYMENT AND CONSTITUTED AN INDEBTEDNESS TO THE UNITED STATES WHICH WAS PROPERLY CHARGEABLE AGAINST HIM IN THE SETTLEMENT OF AUGUST 25, 1926.