A-21690, MARCH 3, 1928, 7 COMP. GEN. 543

A-21690: Mar 3, 1928

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IS ENTITLED. IS ENTITLED TO PAY AT THE RATE OF $2 PER MONTH FOR A DISTINGUISHED-SERVICE CROSS AWARDED HIM WHILE SERVING AS AN OFFICER IN THE REGULAR ARMY.'. WHEN HE WAS HONORABLY DISCHARGED WITH ONE YEAR'S PAY UNDER THE PROVISIONS OF SECTION 24B. THAT THE RECORDS FURTHER SHOW THAT HE WAS AWARDED A DISTINGUISHED-SERVICE CROSS (NO. 889) FOR SERVICE IN THE SAN MIHIEL SALIENT SEPTEMBER 12-13. IT IS ALSO STATED THAT HE ENLISTED IN THE MARINE CORPS OCTOBER 25. BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE DISTINGUISHED ACT OF SERVICE ON WHICH THE AWARD IS BASED. * * * 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.

A-21690, MARCH 3, 1928, 7 COMP. GEN. 543

PAY, ADDITIONAL - DISTINGUISHED-SERVICE CROSS AN ENLISTED MAN OF THE MARINE CORPS TO WHOM THERE HAD BEEN AWARDED THE DISTINGUISHED-SERVICE CROSS WHILE SERVING AS AN OFFICER IN THE ARMY, UNDER THE PROVISIONS OF THE ARMY ACT OF JULY 9, 1918, 40 STAT. 870, IS ENTITLED, UNDER THE NAVY ACT OF FEBRUARY 4, 1919, 40 STAT. 1056, TO ADDITIONAL PAY THEREFOR AT THE RATE OF $2 PER MONTH FOR SUBSEQUENT ENLISTED SERVICE IN THE MARINE CORPS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 3, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 14, 1928, FORWARDING LETTER OF THE PAYMASTER OF THE MARINE CORPS OF FEBRUARY 3, 1928, AND REQUESTING DECISION OF THE QUESTION THEREIN ESENTED,"WHETHER OR NOT CHESTER A. DAVIS, PRIVATE, UNITED STATES MARINE CORPS, IS ENTITLED TO PAY AT THE RATE OF $2 PER MONTH FOR A DISTINGUISHED-SERVICE CROSS AWARDED HIM WHILE SERVING AS AN OFFICER IN THE REGULAR ARMY.'

THE PAYMASTER STATES THAT ACCORDING TO INFORMATION FURNISHED BY THE WAR DEPARTMENT PRIVATE DAVIS SERVED AS A COMMISSIONED OFFICER IN THE ARMY FROM DECEMBER 1, 1916, TO JUNE 22, 1926, WHEN HE WAS HONORABLY DISCHARGED WITH ONE YEAR'S PAY UNDER THE PROVISIONS OF SECTION 24B, ACT OF JUNE 4, 1920, 41 STAT. 773; THAT THE RECORDS FURTHER SHOW THAT HE WAS AWARDED A DISTINGUISHED-SERVICE CROSS (NO. 889) FOR SERVICE IN THE SAN MIHIEL SALIENT SEPTEMBER 12-13, 1918. IT IS ALSO STATED THAT HE ENLISTED IN THE MARINE CORPS OCTOBER 25, 1927, AS A PRIVATE, TO SERVE FOUR YEARS.

THE ARMY ACT OF JULY 9, 1918, 40 STAT. 870, AUTHORIZES THE AWARD OF A MEDAL OF HONOR, A DISTINGUISHED-SERVICE CROSS, OR A DISTINGUISHED SERVICE MEDAL TO ANY PERSON WHO, WHILE SERVING IN ANY CAPACITY WITH THE ARMY, PERFORMS CERTAIN DISTINGUISHED SERVICE AS THEREIN PROVIDED.

THE NAVY ACT OF FEBRUARY 4, 1919, 40 STAT. 1056, MAKES SIMILAR PROVISION FOR THE AWARD OF A MEDAL OF HONOR, A DISTINGUISHED-SERVICE MEDAL, OR A NAVY CROSS TO ANY PERSON WHO, WHILE IN THE NAVAL SERVICE, PERFORMS CERTAIN DISTINGUISHED SERVICE AS THEREIN PROVIDED.

THE ARMY ACT OF 1918 ALSO PROVIDES FOR ADDITIONAL PAY AS FOLLOWS:

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 DISTINGIUSHED-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 OF 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.

IN 7 COMP. GEN. 77, IT WAS HELD THAT AN ENLISTED MAN OF THE MARINE CORPS SERVING WITH THE ARMY AND AN ENLISTED MAN OF THE ARMY WHO ARE AWARDED THE DISTINGUISHED-SERVICE CROSS UNDER THE PROVISIONS OF THE ARMY ACT OF 1918 ARE 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 NAVY ACT OF 1919.

THE PROVISIONS OF BOTH THE ARMY AND THE NAVY ACTS IN REGARD TO THE AWARD OF THESE DECORATIONS ARE EQUALLY APPLICABLE TO THE OFFICERS AND ENLISTED MEN OF THE RESPECTIVE SERVICES. THE PROVISIONS THEREOF FOR ADDITIONAL PAY FOR SUCH AWARDS ARE APPLICABLE, HOWEVER, TO ENLISTED MEN ONLY, THE GENERAL PURPOSE APPARENTLY BEING TO FINANCIALLY REWARD ENLISTED MEN WHILE SERVING AS SUCH FOR THE PERFORMANCE OF THE DISTINGUISHED SERVICE OR ACT ON WHICH THE AWARD WAS BASED. THE AWARD IS MADE TO THE INDIVIDUAL AND IT WOULD SEEM TO BE IMMATERIAL AS AFFECTING THE QUESTION HERE PRESENTED WHETHER SUCH DISTINGUISHED SERVICE WAS PERFORMED IN THE CAPACITY OF AN OFFICER OR IN THE CAPACITY OF AN ENLISTED MAN. IT WOULD BE A TOO NARROW CONSTRUCTION OF THE PROVISION OF LAW IN QUESTION AND WOULD PARTIALLY DEFEAT ITS PURPOSE TO LIMIT ITS APPLICATION TO ENLISTED MEN TO WHOM AWARDS ARE MADE FOR DISTINGUISHED SERVICE PERFORMED BY THEM AS ENLISTED MEN AND EXCLUDE THEREFROM THE ENLISTED MEN TO WHOM AWARDS HAD BEEN MADE WHILE THEY WERE SERVING AS OFFICERS.

WHEN DAVIS ENLISTED IN THE MARINE CORPS HE THEREBY BECAME AN ENLISTED MAN TO WHOM THERE HAD BEEN AWARDED A DISTINGUISHED-SERVICE CROSS, AND WHILE SERVING AS SUCH HE IS ENTITLED TO THE ADDITIONAL PAY OF $2 PER MONTH AS PROVIDED BY THE ACT OF FEBRUARY 4, 1919, 40 STAT. 1056. 7 COMP. GEN. 77.