A-18111, MAY 16, 1927, 6 COMP. GEN. 743

A-18111: May 16, 1927

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PAY ADDITIONAL - DISTINGUISHED-SERVICE CROSS AN ENLISTED MAN IN THE COAST GUARD IS NOT ENTITLED TO ANY ADDITIONAL PAY FOR A DISTINGUISHED-SERVICE CROSS AWARDED HIM UNDER THE ACT OF JULY 9. FOR AN ACT OF HEROISM PERFORMED DURING THE WORLD WAR WHILE HE WAS SERVING AS AN ENLISTED MAN IN THE UNITED STATES ARMY. ADDITIONAL PAY AT $2 PER MONTH IS ONLY AUTHORIZED FOR THE RECIPIENT OF A DISTINGUISHED-SERVICE CROSS AWARDED UNDER THE ACT OF JULY 9. WHILE HE IS IN ACTIVE SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY. FOR DECISION AS TO WHETHER HE IS AUTHORIZED TO PAY A VOUCHER PRESENTED TO HIM FOR ADDITIONAL PAY IN THE SUM OF $1.47 ASSERTED TO BE DUE GEORGE L. ANNOUNCEMENT OF WHICH IS CONTAINED IN WAR DEPARTMENT GENERAL ORDERS NO. 72 OF DECEMBER 6.

A-18111, MAY 16, 1927, 6 COMP. GEN. 743

PAY ADDITIONAL - DISTINGUISHED-SERVICE CROSS AN ENLISTED MAN IN THE COAST GUARD IS NOT ENTITLED TO ANY ADDITIONAL PAY FOR A DISTINGUISHED-SERVICE CROSS AWARDED HIM UNDER THE ACT OF JULY 9, 1918, 40 STAT. 870, FOR AN ACT OF HEROISM PERFORMED DURING THE WORLD WAR WHILE HE WAS SERVING AS AN ENLISTED MAN IN THE UNITED STATES ARMY. ADDITIONAL PAY AT $2 PER MONTH IS ONLY AUTHORIZED FOR THE RECIPIENT OF A DISTINGUISHED-SERVICE CROSS AWARDED UNDER THE ACT OF JULY 9, 1918, 40 STAT. 870, WHILE HE IS IN ACTIVE SERVICE AS AN ENLISTED MAN IN THE UNITED STATES ARMY.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 16, 1927:

W. H. WEBB, PAY AND ALLOTMENT OFFICER, UNITED STATES COAST GUARD, APPLIED APRIL 7, 1927, FOR DECISION AS TO WHETHER HE IS AUTHORIZED TO PAY A VOUCHER PRESENTED TO HIM FOR ADDITIONAL PAY IN THE SUM OF $1.47 ASSERTED TO BE DUE GEORGE L. MACELROY, YEOMAN, FIRST CLASS, FOR THE PERIOD MARCH 9, 1927, DATE OF HIS ENLISTMENT IN THE UNITED STATES COAST GUARD, TO MARCH 31, 1927, ON ACCOUNT OF A DISTINGUISHED-SERVICE CROSS AWARDED MACELROY, BY DIRECTION OF THE PRESIDENT, FOR EXTRAORDINARY HEROISM HE DISPLAYED IN ACTION NEAR MONTHUREL, FRANCE, JULY 17, 1918, WHILE SERVING AS A BUGLER, COMPANY H, ONE HUNDRED AND NINTH INFANTRY, TWENTY-EIGHT DIVISION, UNITED STATES ARMY, ANNOUNCEMENT OF WHICH IS CONTAINED IN WAR DEPARTMENT GENERAL ORDERS NO. 72 OF DECEMBER 6, 1920.

THE AWARD WAS MADE UNDER AUTHORITY CONTAINED IN THE ARMY APPROPRIATION ACT FOR THE FISCAL YEAR 1919, ACT OF JULY 9, 1918, 40 STAT. 870, 871, AS FOLLOWS:

MEDALS OF HONOR, DISTINGUISHED-SERVICE CROSSES, AND DISTINGUISHED SERVICE MEDALS:

THAT THE PRESIDENT BE, AND HE IS HEREBY, FURTHER AUTHORIZED TO PRESENT, BUT NOT IN THE NAME OF CONGRESS, A DISTINGUISHED-SERVICE CROSS OF APPROPRIATE DESIGN AND A RIBBON, TOGETHER WITH A ROSETTE OR OTHER DEVICE, OR TO BE WORN IN LIEU THEREOF, TO ANY PERSON WHO, WHILE SERVING IN ANY CAPACITY WITH THE ARMY OF THE UNITED STATES SINCE THE SIXTH DAY OF APRIL, NINETEEN HUNDRED AND SEVENTEEN, HAS DISTINGUISHED, OR WHO SHALL HEREAFTER DISTINGUISH, HIMSELF OR HERSELF BY EXTRAORDINARY HEROISM IN CONNECTION WITH MILITARY OPERATIONS AGAINST AN ARMED ENEMY.

THAT EACH ENLISTED MAN OF THE ARMY TO WHOM THERE HAS BEEN OR SHALL BE AWARDED * * * A DISTINGUISHED-SERVICE CROSS * * * SHALL, FOR EACH SUCH AWARD, BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE DISTINGUISHED ACT OR SERVICE ON WHICH THE AWARD IS BASED, * * * AND SAID ADDITIONAL PAY SHALL CONTINUE THROUGHOUT HIS ACTIVE SERVICE, WHETHER SUCH SERVICE SHALL OR SHALL NOT BE CONTINUOUS; * * *.

THAT THE SECRETARY OF WAR BE, AND HE IS HEREBY, AUTHORIZED TO EXPEND FROM THE APPROPRIATIONS FOR CONTINGENT EXPENSES OF HIS DEPARTMENT FROM TIME TO TIME SO MUCH AS MAY BE NECESSARY TO DEFRAY THE COST OF * * * DISTINGUISHED -SERVICE CROSSES * * * AND OTHER DEVICES HEREINBEFORE PROVIDED FOR.

SECTION 21 OF THE ACT OF JUNE 10, 1922, 42 STAT. 633, PROVIDES:

THAT NOTHING IN THIS ACT SHALL OPERATE TO CHANGE IN ANY WAY EXISTING LAWS, OR REGULATIONS MADE IN PURSUANCE OF LAW, GOVERNING * * * MONEY ALLOWANCES GRANTED TO ENLISTED MEN ON ACCOUNT OF AWARDS OF MEDALS OR DECORATIONS EXPRESSLY AUTHORIZED BY CONGRESS.

WHILE THE AWARD OF A DISTINGUISHED-SERVICE CROSS UNDER THE ABOVE PROVISIONS WAS AUTHORIZED TO BE MADE "TO ANY PERSON WHO, WHILE SERVING IN ANY CAPACITY WITH THE ARMY OF THE UNITED STATES" SINCE APRIL 6, 1917, DISTINGUISHED HIMSELF (OR HERSELF) IN THE MANNER DESCRIBED, ADDITIONAL PAY AT $2 PER MONTH TO THE RECIPIENT OF SUCH AN AWARD IS AUTHORIZED ONLY WHILE HE IS IN ACTIVE SERVICE AS AN ENLISTED MAN OF THE ARMY, AND NOT OTHERWISE. 24 OP.ATTY.GEN. 579; 26 COMP. DEC. 112; ID. 464; ID. 1030.