A-29120, NOVEMBER 12, 1929, 9 COMP. GEN. 201

A-29120: Nov 12, 1929

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IT APPEARS THAT YOU HAVE BEEN PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST AND AWARDED RETIREMENT PAY UNDER THE ACT OF MAY 24. THE LONGEVITY CREDIT GIVEN OF OVER FIVE YEARS' SERVICE WAS ON THE BASIS OF YOUR SERVICES AS CAPTAIN AND ASSISTANT SURGEON. YOUR REQUEST IS FOR INFORMATION WHETHER YOUR SERVICE AS ACTING ASSISTANT SURGEON WHILE UNDER CONTRACT. IS NEITHER AN OFFICER NOR AN ENLISTED MAN. IS NOT A MEMBER OF THE ARMY. HE IS NOT ENTITLED TO COUNT HIS SERVICE AS AN ACTING ASSISTANT SURGEON FOR THE PURPOSE OF LONGEVITY PAY AS ASSISTANT SURGEON (FIRST LIEUTENANT) U.S. THIS RULE EXCLUDING CONTRACT SURGEON SERVICE IN THE COMPUTATION OF LONGEVITY PAY WAS IN EFFECT AT THE TIME OF YOUR DISCHARGE.

A-29120, NOVEMBER 12, 1929, 9 COMP. GEN. 201

PAY - LONGEVITY CREDITS - EMERGENCY OFFICERS' RETIRED LIST AN OFFICER OF THE WORLD WAR PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST MAY NOT BE GIVEN LONGEVITY CREDIT FOR CONTRACT SURGEON SERVICE IN THE COMPUTATION OF HIS RETIREMENT PAY UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735, SUCH SERVICE BEING EXCLUDED IN THE COMPUTATION OF HIS LONGEVITY PAY AT THE TIME OF HIS DISCHARGE FROM HIS COMMISSIONED WORLD WAR SERVICE.

COMPTROLLER GENERAL MCCARL TO LIEUT. COL. JUST US M. WHEATE, EMERGENCY OFFICERS' RETIRED LIST, NOVEMBER 12, 1929:

THERE HAS BEEN RECEIVED BY REFERENCE OF THE UNITED STATES VETERANS' BUREAU YOUR LETTER OF SEPTEMBER 16, 1929, REQUESTING TO BE ADVISED WHETHER YOUR SERVICES AS CONTRACT SURGEON IN THE ARMY MAY BE COUNTED IN COMPUTING YOUR RETIRED PAY UNDER THE ACT OF MAY 24, 1928, 45 STAT. 735.

IT APPEARS THAT YOU HAVE BEEN PLACED ON THE EMERGENCY OFFICERS' RETIRED LIST AND AWARDED RETIREMENT PAY UNDER THE ACT OF MAY 24, 1928, CITED, AT THE RATE OF $240.62 PER MONTH, BEING 75 PERCENT OF THE ACTIVE PAY OF A LIEUTENANT COLONEL IN THE ARMY, WITH OVER FIVE YEARS' SERVICE, COMPUTED ON THE BASIS OF THE LAWS, PRESCRIBING RATES OF PAY, IN EFFECT AT THE TIME OF YOUR DISCHARGE FROM YOUR COMMISSIONED WORLD WAR SERVICE, EXCEPT PAY UNDER THE ACT OF MAY 18, 1920, 41 STAT. 601. THE LONGEVITY CREDIT GIVEN OF OVER FIVE YEARS' SERVICE WAS ON THE BASIS OF YOUR SERVICES AS CAPTAIN AND ASSISTANT SURGEON, UNITED STATES VOLUNTEERS, MARCH 29, 1901, TO FEBRUARY 1, 1903, 1 YEAR 10 MONTHS AND 3 DAYS; ACTIVE SERVICE AS FIRST LIEUTENANT, MEDICAL RESERVE CORPS, UNDER APPOINTMENT OF JULY 7, 1908, JULY 23, 1908, TO SEPTEMBER 8, 1912, 4 YEARS 1 MONTH AND 16 DAYS; AND YOUR WORLD WAR SERVICE, MARCH 27, 1916, TO OCTOBER 31, 1919, 3 YEARS 7 MONTHS AND 4 DAYS, A TOTAL OF 9 YEARS 6 MONTHS AND 23 DAYS. YOUR REQUEST IS FOR INFORMATION WHETHER YOUR SERVICE AS ACTING ASSISTANT SURGEON WHILE UNDER CONTRACT, MADE WITH THE SURGEON GENERAL, UNITED STATES ARMY, SEPTEMBER 5, 1898, TO MARCH 28, 1901, 2 YEARS 6 MONTHS AND 24 DAY, MAY BE CREDITED IN THE COMPUTATION OF YOUR RETIREMENT PAY.

THE ASSISTANT COMPTROLLER OF THE TREASURY IN HIS DECISION OF NOVEMBER 16, 1903, 10 COMP. DEC. 424, STATED:

IT HAS BEEN UNIFORMLY HELD THAT AN ACTING ASSISTANT, SURGEON, ALSO CALLED CONTRACT SURGEON, IS NEITHER AN OFFICER NOR AN ENLISTED MAN, AND IS NOT A MEMBER OF THE ARMY, BUT HAS THE STATUS OF A CIVILIAN EMPLOYEE. (4 COMP. DEC. 629; 5 ID. 86, 275; 6 ID. 356, 374, 403; 7 ID. 197.)

BEING NEITHER AN OFFICER NOR AN ENLISTED MAN, NOR A MEMBER OF THE ARMY, HE IS NOT ENTITLED TO COUNT HIS SERVICE AS AN ACTING ASSISTANT SURGEON FOR THE PURPOSE OF LONGEVITY PAY AS ASSISTANT SURGEON (FIRST LIEUTENANT) U.S. ARMY. (BYRNES V. UNITED STATES, 26 CT.CLS. 302; DIGEST SECOND COMP. DEC., VOL. 3, SECS. 929, 932.)

THIS RULE EXCLUDING CONTRACT SURGEON SERVICE IN THE COMPUTATION OF LONGEVITY PAY WAS IN EFFECT AT THE TIME OF YOUR DISCHARGE, OCTOBER 31, 1919, AS EVIDENCE BY A RESTATEMENT THEREOF AND REFERENCE TO THE ABOVE CITED DECISION, IN DECISION OF THE COMPTROLLER OF THE TREASURY OF MAY 8, 1920, 26 COMP. DEC. 908. YOU ARE ACCORDINGLY ADVISED THAT YOUR SERVICE AS ACTING ASSISTANT SURGEON UNDER CONTRACT WITH THE SURGEON GENERAL, UNITED STATES ARMY, MAY NOT BE CREDITED IN THE COMPUTATION OF YOUR RETIREMENT PAY UNDER THE ACT OF MAY 24, 1928. AT THE TIME OF YOUR DISCHARGE FROM YOUR COMMISSIONED WORLD WAR SERVICE YOU WERE ENTITLED TO LONGEVITY CREDIT OF OVER FIVE YEARS' SERVICE, ON WHICH BASIS YOU ARE NOW RECEIVING RETIREMENT PAY.