A-18804, JULY 27, 1927, 7 COMP. GEN. 77

A-18804: Jul 27, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ADDITIONAL - DISTINGUISHED-SERVICE CROSS - DISTINGUISHED-FLYING CROSS AN ENLISTED MAN OF THE MARINE CORPS SERVING WITH THE ARMY WHO WAS AWARDED THE DISTINGUISHED-SERVICE CROSS UNDER THE PROVISIONS OF THE ARMY ACT OF JULY 9. IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH FOR SUBSEQUENT ENLISTED SERVICE IN THE MARINE CORPS. IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH FOR SUBSEQUENT ENLISTED SERVICE IN THE MARINE CORPS. AN ENLISTED MAN OF THE ARMY TO WHOM A DISTINGUISHED FLYING CROSS IS AWARDED. IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH IN SUBSEQUENT ENLISTED SERVICE IN THE NAVAL SERVICE. THERE WAS FORWARDED WITH REQUEST FOR DECISION THEREON LETTER OF JUNE 1.

A-18804, JULY 27, 1927, 7 COMP. GEN. 77

PAY, ADDITIONAL - DISTINGUISHED-SERVICE CROSS - DISTINGUISHED-FLYING CROSS AN ENLISTED MAN OF THE MARINE CORPS SERVING WITH THE ARMY WHO WAS AWARDED THE DISTINGUISHED-SERVICE CROSS UNDER THE PROVISIONS OF THE ARMY ACT OF JULY 9, 1918, 40 STAT. 870, IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH FOR SUBSEQUENT ENLISTED SERVICE IN THE MARINE CORPS, UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 4, 1919, 40 STAT. 1056. AN ENLISTED MAN OF THE ARMY AWARDED THE DISTINGUISHED-SERVICE CROSS UNDER THE PROVISIONS OF THE ACT OF JULY 9, 1918, 40 STAT. 870, IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH FOR SUBSEQUENT ENLISTED SERVICE IN THE MARINE CORPS, UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 4, 1919, 40 STAT. 1056. 6 COMP. GEN. 743, DISTINGUISHED. AN ENLISTED MAN OF THE ARMY TO WHOM A DISTINGUISHED FLYING CROSS IS AWARDED, UNDER THE PROVISIONS OF THE ACT OF JULY 2, 1926, 44 STAT. 789, IS ENTITLED TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH IN SUBSEQUENT ENLISTED SERVICE IN THE NAVAL SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 27, 1927:

BY YOUR DIRECTION IN SECOND INDORSEMENT OF JUNE 7, 1927, THERE WAS FORWARDED WITH REQUEST FOR DECISION THEREON LETTER OF JUNE 1, 1927, FROM THE PAYMASTER, UNITED STATES MARINE CORPS, AS TO THE RIGHT OF ENLISTED MEN IN THE MARINE CORPS TO ADDITIONAL PAY FOR MEDALS AWARDED UNDER THE ARMY ACT OF JULY 9, 1918, IN VIEW OF DECISION OF MAY 16, 1927, 6 COMP. GEN. 743, HOLDING THAT A PERSON AWARDED A MEDAL UNDER SUCH ACT WHILE SERVING AS AN ENLISTED MAN IN THE ARMY IS NOT ENTITLED TO ADDITIONAL PAY THEREFOR DURING SUBSEQUENT SERVICE AS AN ENLISTED MAN IN THE UNITED STATES COAST GUARD.

TWO CASES ARE PRESENTED IN THE SUBMISSION. FIRST, THAT OF CARL J. BROBERG, AT PRESENT AN ENLISTED MAN IN THE MARINE CORPS, WHO WAS---

AWARDED A DISTINGUISHED SERVICE CROSS BY THE COMMANDING GENERAL,AMERICAN EXPEDITIONARY FORCES, FOR "EXTRAORDINARY HEROISM IN ACTION NEAR ST. ETIENNE, FRANCE, OCTOBER 9, 1918.' AT TIME OF DISTINGUISHED CONDUCT BROBERG WAS A MEMBER OF 75TH COMPANY, 6TH REGIMENT, U.S. MARINES, ATTACHED TO AND SERVING WITH THE ARMY IN FRANCE, BY ORDER OF THE PRESIDENT, LATER RETURNING TO THE JURISDICTION OF THE MARINE CORPS.

SECOND, THAT OF GILBERT LLOYD OWENS, ALSO AT PRESENT AN ENLISTED MAN IN THE MARINE CORPS, WHO WAS---

AWARDED A DISTINGUISHED-SERVICE CROSS BY THE COMMANDING GENERAL, AMERICAN EXPEDITIONARY FORCES, FOR "EXTRAORDINARY HEROISM IN ACTION NEAR MEDEAH- FERME, FRANCE, OCTOBER 3-5, 1918.' AT TIME OF DISTINGUISHED CONDUCT OWENS WAS A MEMBER OF COMPANY M, 9TH INFANTRY, U.S. ARMY. HE LATER (24 JUNE 1922) ENLISTED IN THE MARINE CORPS.

RELATIVE TO THESE CASES AND SIMILAR ONES, IT IS STATED IN THE SUBMISSION:

UNDER THE INTERPRETATION PLACED BY THIS OFFICE UPON THE PROVISIONS OF THE ABOVE-QUOTED ACT (JULY 9, 1918, 40 STAT. 871) THE PAYMASTER'S DEPARTMENT HAS, FOR A NUMBER OF YEARS BEEN PAYING ADDITIONAL COMPENSATION TO ENLISTED MEN OF THE MARINE CORPS WHO WERE AWARDED MEDALS OF HONOR, DISTINGUISHED- SERVICE CROSSES, AND DISTINGUISHED SERVICE MEDALS DURING A PREVIOUS TERM OF SERVICE IN THE ARMY, AND ALSO TO ENLISTED MEN OF THE MARINE CORPS WHO WERE AWARDED SUCH ARMY DECORATIONS WHILE SERVING UNDER THE JURISDICTION OF THE ARMY AND WHO LATER RETURNED TO THE JURISDICTION OF THE MARINE CORPS.

TO SECURE A PROPER PERSPECTIVE IT IS NECESSARY THAT ALL OF THE LAWS PROVIDING FOR DECORATIONS IN THE ARMY AND NAVAL SERVICE BE CONSIDERED.

THE ARMY ACT OF JULY 9, 1918, AUTHORIZES THE PRESIDENT TO PRESENT IN THE NAME OF THE CONGRESS A MEDAL OF HONOR TO EACH PERSON WHO---

WHILE AN OFFICER OR ENLISTED MAN OF THE ARMY, SHALL HEREAFTER, IN ACTION INVOLVING ACTUAL CONFLICT WITH AN ENEMY, DISTINGUISH HIMSELF CONSPICUOUSLY BY GALLANTRY AND INTREPIDITY AT THE RISK OF HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY.

THE NAVY ACT OF FEBRUARY 4, 1919, 40 STAT. 1056, SIMILARLY AUTHORIZES THE PRESIDENT TO PRESENT IN THE NAME OF THE CONGRESS A MEDAL OF HONOR TO ANY PERSON WHO---

WHILE IN THE NAVAL SERVICE OF THE UNITED STATES, SHALL, IN ACTION INVOLVING ACTUAL CONFLICT WITH THE ENEMY, DISTINGUISH HIMSELF CONSPICUOUSLY BY GALLANTRY AND INTREPIDITY AT THE RISK OF HIS LIFE ABOVE AND BEYOND THE CALL OF DUTY AND WITHOUT DETRIMENT TO THE MISSION OF HIS COMMAND OR THE COMMAND TO WHICH ATTACHED.

THE ARMY ACT OF 1918 FURTHER AUTHORIZES THE PRESIDENT TO PRESENT A DISTINGUISHED-SERVICE MEDAL 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 HEREAFTER SHALL DISTINGUISH, HIMSELF OR HERSELF BY EXCEPTIONALLY MERITORIOUS SERVICE TO THE GOVERNMENT IN A DUTY OF GREAT RESPONSIBILITY, *

THE NAVY ACT OF 1919 SIMILARLY AUTHORIZES THE PRESIDENT TO PRESENT A DISTINGUISHED-SERVICE MEDAL TO ANY PERSON WHO---

WHILE IN THE NAVAL SERVICE OF THE UNITED STATES, SINCE THE SIXTH DAY OF APRIL, NINETEEN HUNDRED AND SEVENTEEN, HAS DISTINGUISHED, OR WHO HEREAFTER SHALL DISTINGUISH, HIMSELF BY EXCEPTIONALLY MERITORIOUS SERVICE TO THE GOVERNMENT IN A DUTY OF GREAT RESPONSIBILITY.

THE ARMY ACT OF 1918 ALSO AUTHORIZES THE PRESIDENT TO PRESENT A DISTINGUISHED-SERVICE CROSS 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.

THE NAVY ACT OF 191 SIMILARLY AUTHORIZES THE PRESIDENT TO PRESENT A NAVY CROSS TO ANY PERSON WHO---

WHILE IN THE NAVAL SERVICE OF THE UNITED STATES, SINCE THE SIXTH DAY OF APRIL, NINETEEN HUNDRED AND SEVENTEEN, HAS DISTINGUISHED, OR WHO SHALL HEREAFTER DISTINGUISH, HIMSELF BY EXTRAORDINARY HEROISM OR DISTINGUISHED SERVICE IN THE LINE OF HIS PROFESSION, SUCH HEROISM OR SERVICE NOT BEING SUFFICIENT TO JUSTIFY THE AWARD OF A MEDAL OF HONOR OR A DISTINGUISHED- SERVICE MEDAL.

RELATIVE TO ADDITIONAL PAY IN CONNECTION WITH THE AWARD OF MEDALS, THE ARMY ACT OF 1918 PROVIDES:

THAT EACH ENLISTED MAN OF THE ARMY TO WHOM THERE HAS BEEN OR SHALL BE AWARDED A MEDAL OF HONOR, A DISTINGUISHED-SERVICE CROSS, OR A DISTINGUISHED-SERVICE MEDAL 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; * * *.

THE NAVY ACT OF 1919 SIMILARLY PROVIDES:

THAT EACH ENLISTED OR ENROLLED PERSON OF THE NAVAL SERVICE TO WHOM IS AWARDED A MEDAL OF HONOR, DISTINGUISHED-SERVICE MEDAL, OR A NAVY 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 SUCH ADDITIONAL PAY SHALL CONTINUE THROUGHOUT HIS ACTIVE SERVICE, WHETHER SUCH SERVICE SHALL OR SHALL NOT BE CONTINUOUS.

THE ACT OF JULY 2, 1926, 44 STAT. 789, AUTHORIZES THE PRESIDENT TO PRESENT A DISTINGUISHED FLYING CROSS TO ANY PERSON WHO---

WHILE SERVING IN ANY CAPACITY WITH THE AIR CORPS OF THE ARMY OF THE UNITED STATES, INCLUDING THE NATIONAL GUARD AND THE ORGANIZED RESERVES, OR WITH THE UNITED STATES NAVY, SINCE THE 6TH DAY OF APRIL, 1917, HAS DISTINGUISHED, OR WHO, AFTER THE APPROVAL OF THIS ACT, DISTINGUISHES HIMSELF BY HEROISM OR EXTRAORDINARY ACHIEVEMENT WHILE PARTICIPATING IN AN AERIAL FLIGHT; * * *.

AND PROVIDES AS TO ADDITIONAL PAY FOR SUCH DECORATIONS, AS FOLLOWS:

SEC. 13. EACH ENLISTED OR ENROLLED MAN TO WHOM THERE SHALL BE AWARDED THE DISTINGUISHED FLYING CROSS * * * SHALL BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE ACT OF HEROISM OR EXTRAORDINARY ACHIEVEMENT 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.

HERE THE ARMY AND NAVY ARE COVERED BY THE SAME ACT AND IT CAN NOT BE DOUBTED THAT THE PROVISION FOR ADDITIONAL PAY FOR "EACH ENLISTED OR ENROLLED MAN" TO WHOM THERE IS AWARDED "THE DISTINGUISHED FLYING CROSS" CONTEMPLATES THAT SUCH PAY SHALL ACCRUE DURING SUBSEQUENT ENLISTED SERVICE WHETHER IT BE IN THE ARMY OR IN THE NAVAL SERVICE.

IT HAS BEEN HERETOFORE POINTED OUT THAT THERE IS BUT ONE MEDAL OF HONOR, WHETHER AUTHORIZED TO BE ISSUED BY ONE OR THE OTHER OF THE CITED LAWS, 5 COMP. GEN. 258. THE AUTHORITY TO PAY THE ADDITIONAL $2 PER MONTH TO "EACH ENLISTED OR ENROLLED PERSON OF THE NAVAL SERVICE TO WHOM IS AWARDED A MEDAL OF HONOR," IS APPLICABLE, WHETHER THE MEDAL OF HONOR WAS ISSUED WHILE SERVING IN THE ARMY OR IN THE NAVAL SERVICE. SUCH WAS THE CASE REPORTED IN 26 COMP. DEC. 464, BUT IT IS NOT SO CLEAR THAT THE SAME IS TRUE WITH RESPECT TO THE OTHER DECORATIONS AUTHORIZED TO BE ISSUED BY THE ACTS OF 1918 AND 1919, APPLYING RESPECTIVELY TO THE ARMY AND THE NAVAL SERVICE. SECTION 12 OF THE ACT OF JULY 2, 1926, MAKING PROVISION FOR THE FLYING CROSS TO PERSONS SERVING WITH THE AIR CORPS OF THE ARMY "OR WITH THE UNITED STATES NAVY" USES THE SAME PHRASEOLOGY AS APPEARS IN THE ACTS OF 1918 AND 1919, WITH RESPECT TO THE LESSER DECORATIONS; IT IS AUTHORIZED TO BE ISSUED BY THE PRESIDENT "BUT NOT IN THE NAME OF CONGRESS," AND FOR THIS DECORATION ADDITIONAL PAY IS PROVIDED IN PRACTICALLY IDENTICAL LANGUAGE TO THAT CONTAINED IN THE ACTS OF 1918 AND 1919. THE PURPOSE OF ALL OF THE STATUTES IS APPARENTLY TO ENCOURAGE AND REWARD THE PERFORMANCE BY ENLISTED MEN OF SERVICE BEYOND THE STRICT REQUIREMENT OF DUTY WHEN OCCASION DEMANDS OR OPPORTUNITY PRESENTS ITSELF, NORMALLY AND USUALLY WITH RESULTS BENEFICIAL TO THE MILITARY BRANCH IN WHICH SERVING. WHILE THE LANGUAGE AUTHORIZING INCREASED PAY FOR THE LESSER MEDALS AND CROSSES PROVIDED IN THE ACTS OF 1918 AND 1919, BY STRICT INTERPRETATION, COULD BE HELD TO BE OPERATIVE ONLY WHILE THE MAN CONTINUES TO SERVE IN THE BRANCH IN WHICH THE MEDAL OR CROSS WAS ISSUED, YET IN VIEW OF THE CLEAR PURPOSE EXPRESSED IN IDENTICAL LANGUAGE THAT THE PAYMENT FOR THE MEDAL OF HONOR SHALL BE MADE IRRESPECTIVE OF THE SERVICE IN WHICH SERVING WHEN PERFORMING THE SERVICE FOR WHICH IT WAS AWARDED, THAT THE PURPOSE OF THE STATUTES WILL BE EQUALLY ADVANCED WHETHER THE MAN CONTINUES TO SERVE IN THE BRANCH OF THE MILITARY SERVICE IN WHICH THE AWARD WAS MADE OR IN THE OTHER BRANCH, AND CONSIDERING THE PROVISION MADE FOR PAY FOR THE FLYING CROSS WHICH UNDOUBTEDLY IS PAYABLE WHEN THE MAN IS ACTUALLY SERVING IN EITHER THE ARMY OR THE NAVAL SERVICE, I INCLINE TO THE VIEW THAT THE PHRASEOLOGY "SUCH ADDITIONAL PAY SHALL CONTINUE THROUGHOUT HIS ACTIVE SERVICE, WHETHER SUCH SERVICE SHALL OR SHALL NOT BE CONTINUOUS," COMPREHENDS ACTIVE SERVICE IN EITHER THE ARMY OR THE NAVAL SERVICE, BOTH THESE BRANCHES HAVING STATUTORY PROVISION FOR PAYMENT OF THE ADDITIONAL PAY. YOUR QUESTION IS ANSWERED ACCORDINGLY.

IT SHOULD BE CLEAR THAT THIS IS NOT IN CONFLICT WITH DECISION OF MAY 16, 1927, 6 COMP. GEN. 743. THERE THE QUESTION WAS WHETHER THE ARMY ACT OF JULY 9, 1918, AUTHORIZED ADDITIONAL PAY TO AN ENLISTED MAN OF THE UNITED STATES COAST GUARD FOR A MEDAL AWARDED UNDER SUCH ACT DURING PREVIOUS SERVICE IN THE ARMY AND THE ANSWER WAS THAT IT DID NOT. WHILE IT WAS STATED IN THE DECISION THAT THE RECIPIENT OF AN AWARD UNDER THE ACT OF JULY 9, 1918, WAS ENTITLED TO ADDITIONAL PAY THEREFOR ONLY DURING ACTIVE ENLISTED SERVICE IN THE ARMY, THIS MUST BE UNDERSTOOD AS APPLYING WHERE SUCH ACT IS THE ONLY AUTHORITY FOR THE PAYMENT CLAIMED AND AS NOT APPLICABLE TO THE NAVAL SERVICE, FOR WHICH SUCH PAYMENTS ARE SPECIFICALLY PROVIDED IN THE ACT OF FEBRUARY 4, 1919.

IT IS TO BE NOTED ALSO THAT THE DECISION HEREIN DOES NOT MODIFY DECISIONS OF SEPTEMBER 27, 1920, 27 COMP. DEC. 297, AND NOVEMBER 9, 1923, 3 COMP. GEN. 292, HOLDING THAT THE ADDITIONAL PAY AUTHORIZED BY THE ACTS OF FEBRUARY 4, 1919, AND JULY 9, 1918, IS NOT PAYABLE FOR A MEDAL OF HONOR PREVIOUSLY AWARDED FOR WHICH THE ENLISTED MAN WAS PAID THE $100 GRATUITY AUTHORIZED BY THE ACT OF MARCH 3, 1901, 31 STAT. 1099.