A-18380, MAY 24, 1927, 6 COMP. GEN. 760

A-18380: May 24, 1927

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SHOULD BE SUPPORTED BY THE CERTIFICATE OF THE ADJUTANT GENERAL OF THE STATE IN WHICH THE SERVICE IS CLAIMED AND BY A CERTIFICATE OF THE CHIEF OF THE MILITIA BUREAU OF THE WAR DEPARTMENT THAT THE CLAIMING OFFICER WAS DURING THE PERIOD CLAIMED FEDERALLY RECOGNIZED AS NATIONAL GUARD UNDER THE NATIONAL DEFENSE ACT OF JUNE 3. IS ENTITLED TO COUNT AS FULL TIME THE ENTIRE PERIOD OF HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD OF THE STATE OF NEW YORK. YOU STATE THAT REILLY WAS COMMISSIONED LIEUTENANT IN THE NATIONAL GUARD OF THE STATE OF NEW YORK. THE QUESTION WHICH YOU PRESENT WAS THE SUBJECT OF DECISION TO THE SECRETARY OF WAR. IT WAS HELD. QUOTING THE SYLLABUS: MEMBERS OF THE ARMY OFFICERS' RESERVE CORPS WHILE ON ACTIVE DUTY IN THE MILITIA BUREAU ARE NOT ENTITLED TO CREDIT FOR LONGEVITY PAY PURPOSES FOR SERVICE IN THE NATIONAL GUARD RESERVE.

A-18380, MAY 24, 1927, 6 COMP. GEN. 760

PAY - LONGEVITY - NAVAL RESERVE OFFICER ON ACTIVE DUTY COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE OF THE STATE OF NEW YORK MAY NOT BE COUNTED BY A COMMISSIONED OFFICER OF THE NAVAL RESERVE IN COMPUTING HIS LONGEVITY PAY FOR TRAINING DUTY IN THE NAVAL RESERVE. A CLAIM FOR CREDIT FOR STATE SERVICE IN THE NATIONAL GUARD DURING THE PERIOD AUGUST 5, 1917, TO JANUARY 1, 1920, FOR LONGEVITY PAY PURPOSES, SHOULD BE SUPPORTED BY THE CERTIFICATE OF THE ADJUTANT GENERAL OF THE STATE IN WHICH THE SERVICE IS CLAIMED AND BY A CERTIFICATE OF THE CHIEF OF THE MILITIA BUREAU OF THE WAR DEPARTMENT THAT THE CLAIMING OFFICER WAS DURING THE PERIOD CLAIMED FEDERALLY RECOGNIZED AS NATIONAL GUARD UNDER THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AFTER FULL COMPLIANCE WITH ALL OF ITS PROVISIONS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 24, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 30, 1927, REQUESTING DECISION WHETHER LIEUT. COMMANDER EDWARD J. REILLY, UNITED STATES NAVAL RESERVE, IS ENTITLED TO COUNT AS FULL TIME THE ENTIRE PERIOD OF HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD OF THE STATE OF NEW YORK, INCLUDING RESERVE SERVICE THEREIN, IN COMPUTING HIS LONGEVITY PAY WHEN ON ACTIVE DUTY OR ON TRAINING DUTY UNDER HIS PRESENT COMMISSION.

YOU STATE THAT REILLY WAS COMMISSIONED LIEUTENANT IN THE NATIONAL GUARD OF THE STATE OF NEW YORK, NOVEMBER 23, 1917; PLACED ON THE RESERVE LIST DECEMBER 2, 1919, AND HONORABLY DISCHARGED THEREFROM OCTOBER 11, 1926.

THE QUESTION WHICH YOU PRESENT WAS THE SUBJECT OF DECISION TO THE SECRETARY OF WAR, MAY 22, 1923, 2 COMP. GEN. 765, AND IT WAS HELD, QUOTING THE SYLLABUS:

MEMBERS OF THE ARMY OFFICERS' RESERVE CORPS WHILE ON ACTIVE DUTY IN THE MILITIA BUREAU ARE NOT ENTITLED TO CREDIT FOR LONGEVITY PAY PURPOSES FOR SERVICE IN THE NATIONAL GUARD RESERVE.

THE SAME RULE APPLIES TO A MEMBER OF THE NAVAL RESERVE ON ACTIVE DUTY OR ENTITLED TO FEDERAL PAY.

IT SHOULD ALSO BE UNDERSTOOD THAT THE RIGHT OF LIEUTENANT COMMANDER REILLY TO LONGEVITY CREDIT FOR HIS STATED SERVICE IN THE NATIONAL GUARD OF THE STATE OF NEW YORK, NOVEMBER 23, 1917, TO DECEMBER 2, 1919, IS DEPENDENT UPON A SHOWING THAT IN HIS APPOINTMENT THERE WAS COMPLIANCE WITH THE PROVISIONS OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 197, ET SEQ. SEE 1 COMP. GEN. 596, AND SECTION 75 OF THE ACT 39 STAT. 201, IN EFFECT DURING THE PERIOD STATED. THIS CAUTION IS PROMPTED BY THE FACT THAT SUBSTANTIALLY THE ENTIRE NATIONAL GUARD WAS DRAFTED INTO THE ACTUAL SERVICE OF THE UNITED STATES AUGUST 5, 1917, REMAINED IN SUCH SERVICE UNTIL AFTER NOVEMBER 11, 1918, AND WAS NOT REORGANIZED AFTER THE WORLD WAR UNTIL LATE IN 1919 OR EARLY IN 1920. A CLAIM FOR CREDIT FOR STATE SERVICE IN THE NATIONAL GUARD BETWEEN AUGUST 5, 1917, AND JANUARY 1, 1920, SHOULD THEREFORE BE SUPPORTED BY THE CERTIFICATE OF THE ADJUTANT GENERAL OF THE STATE IN WHICH SERVICE IS CLAIMED AND BY A CERTIFICATE OF THE CHIEF OF THE MILITIA BUREAU OF THE WAR DEPARTMENT THAT THE CLAIMING OFFICER WAS DURING THE PERIOD CLAIMED FEDERALLY RECOGNIZED AS NATIONAL GUARD UNDER THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AFTER FULL COMPLIANCE WITH ALL OF ITS PROVISIONS.