A-23760, AUGUST 23, 1928, 8 COMP. GEN. 87

A-23760: Aug 23, 1928

Additional Materials:

Contact:

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

 

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

OTHER CORRESPONDENCE FROM WHICH IT APPEARS THAT YOU ARE CLAIMING ADDITIONAL LONGEVITY PAY. YOU CONTEND THAT IS IS APPLICABLE TO OFFICERS OF THE RESERVE ON THE GROUND THAT SUCH AN OFFICER. IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE. SUCH PROVISION WAS CONTAINED IN SECTION 37A. WAS BROKEN IN SO FAR AS MODIFIED BY SECTION 3 OF THE ACT OF JUNE 10. IT IS CLEAR THAT AN OFFICER OF THE ARMY RESERVE IS NOT ENTITLED TO THE BENEFITS OF THE ACT OF MAY 23. YOUR CLAIM IS.

A-23760, AUGUST 23, 1928, 8 COMP. GEN. 87

PAY - LONGEVITY - OFFICERS' RESERVE CORPS THE ACT OF MAY 23, 1928, 45 STAT. 720, PROVIDING THAT IN THE CASE OF OFFICERS OF THE REGULAR ARMY ACTIVE DUTY PERFORMED AS AN OFFICER OF THE PHILIPPINE CONSTABULARY SHALL BE COUNTED FOR PAY PURPOSES HAS NO APPLICATION TO MEMBERS OF THE OFFICERS' RESERVE CORPS.

COMPTROLLER GENERAL MCCARL TO LIEUT.COL. H. H. WALLACE, UNITED STATES ARMY RESERVE, AUGUST 23, 1928:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT OF AUGUST 9, 1928, TRANSMITTING A PAY AND ALLOWANCE ACCOUNT VOUCHER INCOMPLETELY MADE OUT, AND OTHER CORRESPONDENCE FROM WHICH IT APPEARS THAT YOU ARE CLAIMING ADDITIONAL LONGEVITY PAY, UNDER THE ACT OF MAY 23, 1928, 45 STAT. 720, BY REASON OF PRIOR SERVICE IN THE PHILIPPINE CONSTABULARY FOR THE PERIOD FROM JUNE 4 TO 17, 1928, WHILE ON ACTIVE DUTY. WHILE THIS ACT APPLIES ONLY TO OFFICERS OF THE REGULAR ARMY, YOU CONTEND THAT IS IS APPLICABLE TO OFFICERS OF THE RESERVE ON THE GROUND THAT SUCH AN OFFICER, WHEN ON ACTIVE DUTY, IS ENTITLED TO THE SAME PAY AND ALLOWANCES AS AN OFFICER OF THE REGULAR ARMY OF THE SAME GRADE AND LENGTH OF ACTIVE SERVICE. SUCH PROVISION WAS CONTAINED IN SECTION 37A, ADDED TO THE ACT OF JUNE 3, 1916, BY SECTION 32, ACT OF JUNE 4, 1920, 41 STAT. 776. THIS ASSIMILATION, HOWEVER, WAS BROKEN IN SO FAR AS MODIFIED BY SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, WHICH SPECIFICALLY PROVIDES WHAT PAY A RESERVE OFFICER SHALL RECEIVE WHEN ENTITLED TO FEDERAL PAY, AND WHAT SERVICE MAY BE COUNTED FOR LONGEVITY PAY, AND WHICH DOES NOT INCLUDE SERVICE IN THE PHILIPPINE CONSTABULARY. IT IS CLEAR THAT AN OFFICER OF THE ARMY RESERVE IS NOT ENTITLED TO THE BENEFITS OF THE ACT OF MAY 23, 1928. YOUR CLAIM IS, THEREFORE, DISALLOWED.