A-26047, MARCH 2, 1929, 8 COMP. GEN. 473

A-26047: Mar 2, 1929

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WAS A PART OF THE ARMY OF THE UNITED STATES. IS ENTITLED UNDER THE PROVISIONS OF THE ACT OF JUNE 4. REQUESTING DECISION AS TO WHETHER PAYMENT OF SAME IS AUTHORIZED. YOU STATE THE RECORDS SHOW THAT TRAVIS WAS RETIRED AS SERGEANT MAY 12. THAT HE WAS COMMISSIONED A FIRST LIEUTENANT. WAS HONORABLY DISCHARGED A FIRST LIEUTENANT DECEMBER 6. WAS ASSIGNED FOR DUTY WITH FORTY-FIRST BATTALION. ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF JUNE 4. SUCH RETIRED ENLISTED MEN ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF MAY 8. THE QUESTION ABOUT WHICH YOU ARE IN DOUBT IS WHETHER AN OFFICER OF THE UNITED STATES GUARDS WAS AN OFFICER OF THE UNITED STATES ARMY. THE UNITED STATES GUARDS WAS ESTABLISHED BY WAR DEPARTMENT GENERAL ORDER NO. 162.

A-26047, MARCH 2, 1929, 8 COMP. GEN. 473

PAY - RETIRED - ARMY ENLISTED MAN THE UNITED STATES GUARDS, NATIONAL ARMY, ESTABLISHED BY WAR DEPARTMENT GENERAL ORDER NO. 162, DECEMBER 22, 1917, UNDER SECTION 2 OF THE ACT OF MAY 18, 1917, 40 STAT. 76, WAS A PART OF THE ARMY OF THE UNITED STATES. A RETIRED ENLISTED MAN OF THE ARMY, RETIRED PRIOR TO JULY 1, 1922, WHO SERVED HONORABLY AS A COMMISSIONED OFFICER OF THE UNITED STATES GUARDS AT SOME TIME BETWEEN APRIL 6, 1917, AND NOVEMBER 11, 1918, IS ENTITLED UNDER THE PROVISIONS OF THE ACT OF JUNE 4, 1920, 41 STAT. 786, AS AMPLIFIED BY SECTION 8 OF THE ACT OF JUNE 6, 1924, 43 STAT. 472, AND THE ACT OF MAY 8, 1926, 44 STAT. 417, TO RECEIVE THE PAY PROVIDED BY LAW FOR RETIRED WARRANT OFFICERS OF EQUAL LENGTH OF SERVICE RETIRED SUBSEQUENT TO JUNE 30, 1922.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, MARCH 2, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 5, 1929, TRANSMITTING PAY -ROLL VOUCHER IN FAVOR OF ROBERT M. TRAVIS, SERGEANT, UNITED STATES ARMY, RETIRED, COVERING DIFFERENCE IN RETIRED PAY OF SERGEANT, GRADE 4, AND RETIRED PAY OF WARRANT OFFICER AFTER 20 YEARS' SERVICE, FOR THE PERIOD FROM JULY 1, 1926, TO JANUARY 31, 1929, AMOUNTING TO $2,243.78, AND REQUESTING DECISION AS TO WHETHER PAYMENT OF SAME IS AUTHORIZED.

YOU STATE THE RECORDS SHOW THAT TRAVIS WAS RETIRED AS SERGEANT MAY 12, 1916, AND THAT HE WAS COMMISSIONED A FIRST LIEUTENANT, UNITED STATES GUARDS, OCTOBER 3, 1918, AND WAS HONORABLY DISCHARGED A FIRST LIEUTENANT DECEMBER 6, 1918. THE RECORDS OF THIS OFFICE SHOW THAT HE ACCEPTED THE SAID APPOINTMENT OCTOBER 30, 1918, WAS ASSIGNED FOR DUTY WITH FORTY-FIRST BATTALION, UNITED STATES GUARDS, CAMP GREENE, CHARLOTTE, N.C., AND REPORTED FOR DUTY THEREWITH NOVEMBER 6, 1918. RETIRED ENLISTED MEN OF THE ARMY, RETIRED PRIOR TO JULY 1, 1922, WHO SERVED HONORABLY AS COMMISSIONED OFFICERS OF THE UNITED STATES ARMY AT SOME TIME BETWEEN APRIL 6, 1917, AND NOVEMBER 11, 1918, ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF JUNE 4, 1920, 41 STAT. 786, AS AMPLIFIED BY SECTION 8 OF THE ACT OF JUNE 6, 1924, 43 STAT. 472, TO RECEIVE THE PAY PROVIDED BY LAW FOR RETIRED WARRANT OFFICERS OF EQUAL LENGTH OF SERVICE RETIRED PRIOR TO THAT DATE. (6 COMP. GEN. 226.) SUCH RETIRED ENLISTED MEN ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF MAY 8, 1926, 44 STAT. 417, TO RECEIVE THE PAY PROVIDED BY LAW FOR RETIRED WARRANT OFFICERS OF EQUAL LENGTH OF SERVICE RETIRED SUBSEQUENT TO JUNE 30, 1922. (59 MS. COMP. GEN. 697, A-14623, JULY 20, 1926.)

APPARENTLY, THE QUESTION ABOUT WHICH YOU ARE IN DOUBT IS WHETHER AN OFFICER OF THE UNITED STATES GUARDS WAS AN OFFICER OF THE UNITED STATES ARMY.

THE UNITED STATES GUARDS WAS ESTABLISHED BY WAR DEPARTMENT GENERAL ORDER NO. 162, DECEMBER 22, 1917, WHICH IN PART PROVIDED:

1. UNDER AUTHORITY CONFERRED BY SECTION 2 OF THE ACT OF CONGRESS "TO AUTHORIZE THE PRESIDENT TO INCREASE TEMPORARILY THE MILITARY ESTABLISHMENT OF THE UNITED STATES," APPROVED MAY 18, 1917, THE PRESIDENT DIRECTS THAT THERE BE ORGANIZED FOR THE PERIOD OF THE EXISTING EMERGENCY, THE ENLISTED STRENGTH BEING RAISED AND MAINTAINED BY VOLUNTARY ENLISTMENT AND DRAFT NOT TO EXCEED 25,000 MEN, UNITED STATES GUARDS, NATIONAL ARMY.

7. OFFICERS FOR THESE UNITED STATES GUARDS WILL BE PROVIDED AS AUTHORIZED BY THE THIRD PARAGRAPH OF SECTION 1 AND SECTION 9 OF THE ACT OF CONGRESS APPROVED MAY 18, 1917.

THE UNITED STATES GUARDS WAS A PART OF THE ARMY OF THE UNITED STATES AS DEFINED IN SECTION 1 OF THE ACT OF JUNE 3, 1917, 39 STAT. 166. SEE, ALSO, WAR DEPARTMENT GENERAL ORDER NO. 73, AUGUST 7, 1918.