A-2147, JULY 26, 1924, 4 COMP. GEN. 110

A-2147: Jul 26, 1924

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1924: THERE IS BEFORE THIS OFFICE THE CLAIM OF EMIGDIO QUINONES. QUINONES IS A MEMBER OF THE NAVAL ACADEMY BAND. WAS HONORABLY DISCHARGED SEPTEMBER 21. WAS HONORABLY DISCHARGED JULY 30. HIS RATING WAS CHANGED FROM MUSICIAN. THE SAME IS HEREBY. THAT THE PAY AND ALLOWANCES OF THE MEMBERS OF THE NAVAL ACADEMY BAND SHALL BE NOT LESS THAN THAT WHICH WAS AUTHORIZED FOR THE VARIOUS RANKS AND RATINGS IN SAID BANDS ON JUNE 30. WAS ENACTED WERE THE ACT OF JULY 11. LENGTH OF SERVICE AS ARE OR MAY HEREAFTER BECOME APPLICABLE TO OTHER OFFICERS OR ENLISTED MEN OF THE NAVY. IT WAS HELD THAT UNDER THE ACT OF JULY 11. ENLISTED MEMBERS OF THE NAVAL ACADEMY BAND WERE ENTITLED TO THE CONTINUOUS -SERVICE PAY AND THE INCREASE IN PAY AUTHORIZED BY GENERAL ORDER NO. 34 OF 1906.

A-2147, JULY 26, 1924, 4 COMP. GEN. 110

NAVY PAY - NAVAL ACADEMY BAND BY VIRTUE OF SECTION 21 OF THE ACT OF JUNE 10, 1922, 42 STAT. 633, AS AMENDED BY SECTION 5 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, MEMBERS OF THE NAVAL ACADEMY BAND CONTINUE TO BE ENTITLED TO THE PAY AT THE BASE RATES PROVIDED IN SECTION 6 OF THE ACT OF MAY 18, 1920, 41 STAT. 602, TOGETHER WITH THE ADDITIONS FOR CONTINUOUS SERVICE PROVIDED BY THE ACT OF AUGUST 22, 1912, 37 STAT. 331, AND IF CITIZENS OF THE UNITED STATES ALSO THE INCREASE UNDER GENERAL ORDER 34, IRRESPECTIVE OF THE LONGEVITY INCREASE PROVIDED IN SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 26, 1924:

THERE IS BEFORE THIS OFFICE THE CLAIM OF EMIGDIO QUINONES, MUSICIAN, FIRST CLASS, UNITED STATES NAVY, FOR DIFFERENCE BETWEEN $79.20 AND $56.10 PER MONTH FOR THE PERIOD JULY 1, 1922, TO JANUARY 5, 1923, AND BETWEEN $82.80 AND $58.65 PER MONTH FOR THE PERIOD JANUARY 6 TO JUNE 30, 1923. QUINONES IS A MEMBER OF THE NAVAL ACADEMY BAND.

THE SERVICE RECORD OF CLAIMANT AS FURNISHED BY THE BUREAU OF NAVIGATION SHOWS THAT HE FIRST ENLISTED SEPTEMBER 22, 1914; WAS HONORABLY DISCHARGED SEPTEMBER 21, 1918; REENLISTED SEPTEMBER 24, 1918; WAS HONORABLY DISCHARGED JULY 30, 1919; REENLISTED NOVEMBER 11, 1919, AND EXTENDED THIS ENLISTMENT FOR TWO YEARS FROM NOVEMBER 10, 1923; AND THAT ON JULY 1, 1922, HIS RATING WAS CHANGED FROM MUSICIAN, SECOND CLASS, TO MUSICIAN, FIRST CLASS.

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

THAT NOTHING IN THIS ACT SHALL OPERATE TO CHANGE IN ANY WAY EXISTING LAWS, OR REGULATIONS MADE IN PURSUANCE OF LAW, GOVERNING PAY AND ALLOWANCES OF THE * * * ENLISTED MEN OF THE * * * NAVAL ACADEMY BAND.

SECTION 5 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, AMENDING THE ACT OF JUNE 10, 1922, ROVIDES:

THAT SECTION 21 OF SAID ACT BE, AND THE SAME IS HEREBY, AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD AND ADDING THE FOLLOWING PROVISO AT THE END THEREOF:

PROVIDED, THAT THE PAY AND ALLOWANCES OF THE MEMBERS OF THE NAVAL ACADEMY BAND SHALL BE NOT LESS THAN THAT WHICH WAS AUTHORIZED FOR THE VARIOUS RANKS AND RATINGS IN SAID BANDS ON JUNE 30, 1922, UNDER DECISIONS OF THE COMPTROLLER OF THE TREASURY IN FORCE ON THAT DATE.

THE ACTS IN EFFECT, GOVERNING THE PAY AND ALLOWANCES OF THE ENLISTED MEN OF THE NAVAL ACADEMY BAND, WHEN THE ACT OF JUNE 10, 1922, WAS ENACTED WERE THE ACT OF JULY 11, 1919, 41 STAT. 152, AND MAY 18, 1920, 41 STAT. 602.

THE ACT OF JULY 11, 1919, PROVIDED:

NAVAL ACADEMY BAND: THE NAVAL ACADEMY BAND SHALL HEREAFTER CONSIST OF * * * AND THE SAID LEADER OF THE BAND, SECOND LEADER OF THE BAND, DRUM MAJOR OF THE BAND, AND THE ENLISTED MUSICIANS OF THE BAND SHALL BE ENTITLED TO THE SAME BENEFITS IN RESPECT TO PAY EMOLUMENTS, AND RETIREMENT ARISING FROM LONGEVITY, REENLISTMENT, AND LENGTH OF SERVICE AS ARE OR MAY HEREAFTER BECOME APPLICABLE TO OTHER OFFICERS OR ENLISTED MEN OF THE NAVY.

THE ACT OF MAY 18, 1920, PROVIDED:

SEC. 6. THAT, COMMENCING JANUARY 1, 1920, THE FOLLOWING SHALL BE THE RATE OF BASE PAY FOR EACH ENLISTED RATING: * * * THAT THE RATE OF BASE PAY FOR EACH RATING IN THE NAVAL ACADEMY BAND SHALL BE AS FOLLOWS: SECOND LEADER, WITH ACTING APPOINTMENT, $99 PER MONTH, WITH PERMANENT APPOINTMENT, $126 PER MONTH; DRUM MAJOR, $84 PER MONTH; MUSICIANS, FIRST CLASS, $72 PER MONTH; MUSICIANS, SECOND CLASS, $60 PER MONTH: * * * PROVIDED FURTHER, THAT THE RATES OF BASE PAY HEREIN FIXED SHALL NOT BE FURTHER INCREASED 10 PERCENTUM AS AUTHORIZED BY AN ACT APPROVED MAY 13, 1908, NOR BY THE TEMPORARY WAR INCREASES AS AUTHORIZED BY SECTION 15 OF THE ACT APPROVED MAY 22, 1917, AS AMENDED BY THE ACT APPROVED JULY 11, 1919.

SEC. 13. * * * THAT THE RATES OF PAY PRESCRIBED IN SECTIONS * * * 6 HEREOF SHALL BE THE RATES OF PAY DURING THE CURRENT ENLISTMENT OF ALL MEN IN ACTIVE SERVICE ON THE DATE OF THE APPROVAL OF THIS ACT, AND FOR THOSE WHO ENLIST, REENLIST, OR EXTEND THEIR ENLISTMENTS PRIOR TO JULY 1, 1922, FOR THE TERM OF SUCH ENLISTMENT, REENLISTMENT, OR EXTENDED ENLISTMENT* *

IN DECISION OF THE COMPTROLLER OF THE TREASURY OF OCTOBER 22, 1920, 95 MS. COMP. DEC. 272, IT WAS HELD THAT UNDER THE ACT OF JULY 11, 1919, ENLISTED MEMBERS OF THE NAVAL ACADEMY BAND WERE ENTITLED TO THE CONTINUOUS -SERVICE PAY AND THE INCREASE IN PAY AUTHORIZED BY GENERAL ORDER NO. 34 OF 1906, AS PROVIDED FOR ENLISTED MEN OF THE NAVY GENERALLY.

TAKING INTO CONSIDERATION THE ORIGINAL PROVISION OF SECTION 21 OF THE ACT OF JUNE 10, 1922, AND THE AMENDMENT THERETO OF MAY 31, 1924, IT IS APPARENT THAT CONGRESS INTENDED THAT THE BASE RATES OF PAY PROVIDED IN SECTION 6 OF THE ACT OF MAY 18, 1920, WERE TO BECOME THE PERMANENT BASE RATES FOR ENLISTED MEMBERS OF THE NAVAL ACADEMY BAND AND THAT THE PROVISIONS OF PRIOR LAW (ACT OF AUGUST 22, 1912, 37 STAT. 331) GIVING WHAT WAS KNOWN AS CONTINUOUS-SERVICE PAY SHOULD REMAIN APPLICABLE, TOGETHER WITH THE INCREASE UNDER GENERAL ORDER NO. 34, TO ENLISTED MEMBERS OF THE NAVAL ACADEMY BAND SUBSEQUENT TO JUNE 30, 1922, IRRESPECTIVE OF THE FOLLOWING PROVISION OF SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, WHICH IS, IN PART, AS FOLLOWS:

* * * IN LIEU OF ALL PERMANENT ADDITIONS TO PAY NOW AUTHORIZED FOR ENLISTED MEN OF THE NAVY AND COAST GUARD, THEY SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM ON THE BASE PAY OF THEIR RATING UPON COMPLETION OF THE FIRST FOUR YEARS OF ENLISTED SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM FOR EACH FOUR YEARS' SERVICE THEREAFTER, THE TOTAL NOT TO EXCEED 25 PERCENTUM. * * *

THE ACT OF MAY 18, 1920, FIXED A BASE RATE OF $72 PER MONTH FOR A MUSICIAN, FIRST CLASS, OF THE NAVAL ACADEMY BAND, TO WHICH, IN THE CASE OF CLAIMANT, THERE WOULD BE ADDED, FOR THE PERIOD JULY 1, 1922, TO NOVEMBER 10, 1923, $2.99 PER MONTH AS CONTINUOUS-SERVICE PAY AND $8.80 PER MONTH UNDER GENERAL ORDER NO. 34. HE WAS PAID FOR THE PERIOD JULY 1, 1922, TO JANUARY 5, 1923, AT $56.10 PER MONTH; FROM JANUARY 6, 1923, TO NOVEMBER 10, 1923, AT $58.65 PER MONTH. THE SUPPLY OFFICER OF THE U.S.S. REINA MERCEDES REPORTS TO THIS OFFICE THAT HE HAS ADJUSTED CLAIMANT'S ACCOUNT FROM NOVEMBER 11, 1923.

UPON REVIEW $426.34 IS CERTIFIED DUE CLAIMANT FOR THE PERIOD JULY 1, 1922, TO NOVEMBER 10, 1923.