A-2869, JULY 3, 1924, 4 COMP. GEN. 12

A-2869: Jul 3, 1924

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ARMY PAY - REAPPOINTMENTS UNDER JOINT SERVICE PAY ACT AN OFFICER WITH LESS THAN SEVEN YEARS' SERVICE WHOSE FIRST APPOINTMENT IN THE REGULAR ARMY WAS AS SECOND LIEUTENANT. WHO WAS PROMOTED TO CAPTAIN AND THEREAFTER RESIGNED AND AFTER AN INTERVAL OF CIVILIAN LIFE WAS REAPPOINTED FIRST LIEUTENANT. IS NOT ENTITLED TO BASE PAY AND ALLOWANCES OF THE THIRD PAY PERIOD UNDER THE JOINT SERVICE PAY ACT OF JUNE 10. 1924: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION AND DECISION THE QUESTION WHETHER AN OFFICER APPOINTED SECOND LIEUTENANT. WHO RESIGNED THEREFROM AND AFTER AN INTERVAL OF CIVILIAN LIFE WAS REAPPOINTED FIRST LIEUTENANT IN THE SAME SERVICE UNDER THE PROVISIONS OF SECTION 24-E OF THE ACT OF JUNE 4.

A-2869, JULY 3, 1924, 4 COMP. GEN. 12

ARMY PAY - REAPPOINTMENTS UNDER JOINT SERVICE PAY ACT AN OFFICER WITH LESS THAN SEVEN YEARS' SERVICE WHOSE FIRST APPOINTMENT IN THE REGULAR ARMY WAS AS SECOND LIEUTENANT, WHO WAS PROMOTED TO CAPTAIN AND THEREAFTER RESIGNED AND AFTER AN INTERVAL OF CIVILIAN LIFE WAS REAPPOINTED FIRST LIEUTENANT, IS NOT ENTITLED TO BASE PAY AND ALLOWANCES OF THE THIRD PAY PERIOD UNDER THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 625, HIS "FIRST APPOINTMENT" NOT HAVING BEEN "ABOVE" THAT OF SECOND LIEUTENANT.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 3, 1924:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION AND DECISION THE QUESTION WHETHER AN OFFICER APPOINTED SECOND LIEUTENANT, REGULAR ARMY, AND PROMOTED TO FIRST LIEUTENANT AND TEMPORARY CAPTAIN, WHO RESIGNED THEREFROM AND AFTER AN INTERVAL OF CIVILIAN LIFE WAS REAPPOINTED FIRST LIEUTENANT IN THE SAME SERVICE UNDER THE PROVISIONS OF SECTION 24-E OF THE ACT OF JUNE 4, 1920, 41 STAT. 774, AND WAS SERVING THEREIN AS CAPTAIN OF JUNE 30, 1922, IS ENTITLED BY REASON OF HIS GRADE AND SERVICE TO THE PAY AND ALLOWANCES OF THE THIRD PAY PERIOD AS PRESCRIBED BY SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, OR WHETHER SUCH GRADE AND SERVICE ENTITLED HIM TO THE PAY AND ALLOWANCES PRESCRIBED FOR THE SECOND PAY PERIOD BY THAT ACT.

THE QUESTION ARISES IN CONNECTION WITH A PAYMENT MADE TO FIRST LIEUT. J. W. ORCUTT, ORDNANCE DEPARTMENT, IN THE ACCOUNTS OF CAPT. R. L. HUBBELL, FINANCE OFFICER AT WATERTOWN ARSENAL, MASS., FOR THE MONTH OF JANUARY, 1924, IN THE TOTAL AMOUNT OF $327.20, CONSISTING OF BASE PAY, $200; LONGEVITY, $10; SUBSISTENCE ALLOWANCE, $37.20; AND RENTAL ALLOWANCE, $80.

THE OFFICIAL ARMY REGISTER, AT PAGE 441, SHOWS THE SERVICES OF THIS OFFICER, ALL IN THE PERMANENT ESTABLISHMENT, AS FOLLOWS:

2. LT.C.A.C. 9 AUG. 17; ACCEPTED 24 AUG. 17; 1 LT. 9 AUG. 17; ACCEPTED 17 OCT. 17; CAPT. (TEMP.) 7 MAR. 18; RESIGNED 26 APR. 20, 1 LT.C.A.C. 1 JULY 20; ACCEPTED 28 NOV. 20; TRFD. TO ORD.DEPT. 26 MAR. 21; CAPT. 27 JULY 20; (A) 1 LT. (NOV. 18,22).

(FOOTNOTE)

(A) DISCHARGED AS CAPTAIN AND APPOINTED FIRST LIEUTENANT NOV. 18, 22; ACTS JUNE 30, 22, AND SEPT. 14, 22.

REPORT HAS BEEN RECEIVED BY TELEPHONE FROM THE ADJUTANT GENERAL THAT THE DATE OF RANK AS CAPTAIN WAS JULY 27, 1920.

SECTION 1 OF THE JOINT SERVICE PAY ACT OF JUNE 10, 1922, 42 STAT. 625, PROVIDES:

THAT, BEGINNING JULY 1, 1922, FOR THE PURPOSE OF COMPUTING THE ANNUAL PAY OF THE COMMISSIONED OFFICERS OF THE REGULAR ARMY AND MARINE CORPS BELOW THE GRADE OF BRIGADIER GENERAL * * * PAY PERIODS ARE PRESCRIBED, AND THE BASE PAY OF EACH IS FIXED AS FOLLOWS:

THE FIRST PERIOD, $1,500; THE SECOND PERIOD, $2,000; THE THIRD PERIOD, $2,400; THE FOURTH PERIOD, $3,000; THE FIFTH PERIOD, $3,500; AND THE SIXTH PERIOD, $4,000.

THE PAY OF THE THIRD PERIOD SHALL BE PAID TO * * * CAPTAINS OF THE ARMY, * * * WHO HAVE COMPLETED SEVEN YEARS' SERVICE, OR WHOSE FIRST APPOINTMENT IN THE PERMANENT SERVICE WAS IN A GRADE ABOVE THAT CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY, OR WHOSE PRESENT RANK DATES FROM JULY 1, 1920, OR EARLIER; * * *.

THE PAY OF THE SECOND PERIOD SHALL BE PAID TO CAPTAINS OF THE ARMY, * * * WHO ARE NOT ENTITLED TO THE PAY OF THE THIRD OR FOURTH PERIOD; * * *.

LIEUTENANT ORCUTT WAS CORRECTLY PAID BASE PAY AT THE RATE OF $200 PER MONTH BY REASON OF THE PROVISIONS OF SECTION 16 OF THE ABOVE-CITED ACT AT PAGE 632 AND BY BEING DISCHARGED AS CAPTAIN AND APPOINTED FIRST LIEUTENANT ON NOVEMBER 18. 1922, UNDER THE PROVISIONS OF THE ACTS OF JUNE 30, 1922, 42 STAT. 722, AND SEPTEMBER 14, 1922, 42 STAT. 840, BUT HE WAS NOT ENTITLED TO LONGEVITY INCREASE OF PAY BY REASON OF HAVING COMPLETED FIVE YEARS' SERVICE MARCH 26, 1923. 3 COMP. GEN. 676.

ONLY THE PAY THAT AN OFFICER WAS ENTITLED TO RECEIVE BY REASON OF HIS GRADE AND LENGTH OF SERVICE ON JUNE 30, 1922, WAS SAVED TO THE OFFICER BY SECTION 16 OF THE ACT OF JUNE 10, 1922, CITED, AND THE RENTAL AND SUBSISTENCE ALLOWANCES AUTHORIZED BY SECTIONS 5 AND 6 OF THE SAME ACT ARE BASED ON THE PAY THAT THE OFFICER WAS ENTITLED TO RECEIVE UNDER THE PROVISIONS OF THAT ACT WERE IT NOT FOR THE SAVING CLAUSE, 2 COMP. GEN. 234. LIEUTENANT ORCUTT NOT HAVING COMPLETED SEVEN YEARS' SERVICE, IT WAS NECESSARY THAT HIS FIRST APPOINTMENT IN THE PERMANENT SERVICE BE IN A GRADE ABOVE SECOND LIEUTENANT TO ENTITLE HIM TO THE ALLOWANCES PRESCRIBED FOR OFFICERS ENTITLED TO THE BASE PAY OF THE THIRD PERIOD. IT APPEARS FROM THE RECORD AS SHOWN BY THE ARMY REGISTER THAT ALL SERVICES PERFORMED BY HIM WERE IN THE PERMANENT ESTABLISHMENT AND THAT HIS "FIRST APPOINTMENT" THEREIN WAS TO THE GRADE OF SECOND LIEUTENANT, WHICH WAS ACCEPTED AUGUST 24, 1917. HIS GRADE AND SERVICE ACCORDINGLY DID NOT ENTITLE HIM TO THE BASE PAY OF THE THIRD PAY PERIOD AND AS A CAPTAIN NOT ENTITLED TO THE PAY OF THE THIRD OR FOURTH PERIOD, HE WAS ENTITLED TO BASE PAY OF THE SECOND PAY PERIOD, WITH THE RESULTANT EFFECT THAT HE IS ENTITLED TO THE ALLOWANCES INCIDENT TO THE BASE PAY OF THAT PAY PERIOD.

IT IS UNNECESSARY TO INVOKE THE SAVING CLAUSE CONTAINED IN THE ACT OF SEPTEMBER 14, 1922, AS TO ALLOWANCES FOR THE REASON THAT HIS PRESENT GRADE AND SERVICE ENTITLE HIM TO THE ALLOWANCES INCIDENT TO THE SECOND PAY PERIOD.

LIEUTENANT ORCUTT WAS ENTITLED TO PAY FOR THE MONTH OF JANUARY, 1924, AS FOLLOWS: BASE PAY ------------------------------------------ ---------- $200.00 SUBSISTENCE ALLOWANCE ----------------------------- ---------- 37.20 RENTAL ALLOWANCE ---------------------------------- ---------- 60.00

TOTAL ----------------------------------------------------- $297.20

HAVING BEEN PAID $327.20 FOR PAY AND ALLOWANCES DURING SUCH PERIOD, THERE WILL ACCORDINGLY BE DISALLOWED IN THE DISBURSING ACCOUNT OF CAPTAIN HUBBELL ON ACCOUNT OF THIS PAYMENT $30.