A-29243, NOVEMBER 5, 1929, 9 COMP. GEN. 186

A-29243: Nov 5, 1929

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IN A FEW MONTHS THEREAFTER IS TRANSFERRED TO A UNIT HAVING THE MACHINE GUN AS ITS PRINCIPAL ARM. IS DISCHARGED THEREFROM AND REENLISTED THEREIN. HIS RIGHT THERETO IS NOT RENEWED BY SUCH REENLISTMENT. REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME. IT IS STATED THAT FIRST SERGEANT COLE QUALIFIED AS SHARPSHOOTER WITH THE RIFLE ON JULY 4. WHILE HE WAS A MEMBER OF TROOP E. HE WAS TRANSFERRED IN GRADE TO MACHINE GUN TROOP. WAS DISCHARGED ON OCTOBER 23. - AN ENLISTED MAN WHO QUALIFIES OR REQUALIFIES UNDER THE PROVISIONS OF PARAGRAPH 6 IS ENTITLED TO RECEIVE ADDITIONAL COMPENSATION AT THE PRESCRIBED RATE (PAR. 4) FROM THE DATE OF QUALIFICATION OR REQUALIFICATION UNTIL HIS RIGHT THERETO IS TERMINATED IN ONE OF THE WAYS PRESCRIBED IN B BELOW.

A-29243, NOVEMBER 5, 1929, 9 COMP. GEN. 186

PAY - SHARPSHOOTER - ARMY ENLISTED MEN AN ENLISTED MAN OF THE ARMY WHO QUALIFIES AS SHARPSHOOTER WITH THE RIFLE WHILE A MEMBER OF A UNIT HAVING THE RIFLE AS ITS PRINCIPAL ARM, AND IN A FEW MONTHS THEREAFTER IS TRANSFERRED TO A UNIT HAVING THE MACHINE GUN AS ITS PRINCIPAL ARM, AND IS DISCHARGED THEREFROM AND REENLISTED THEREIN, THE DISCHARGE UNDER EXISTING REGULATIONS TERMINATES HIS RIGHT TO THE ADDITIONAL PAY AS SHARPSHOOTER, AND HIS RIGHT THERETO IS NOT RENEWED BY SUCH REENLISTMENT.

COMPTROLLER GENERAL MCCARL TO FIRST LIEUT. R. H. TRIPPE, UNITED STATES ARMY, NOVEMBER 5, 1929:

THERE HAS BEEN RECEIVED YOUR EIGHTH INDORSEMENT OF OCTOBER 8, 1929, TRANSMITTING VOUCHER IN FAVOR OF FOREST A. COLE, MACHINE GUN TROOP, THIRTEENTH CAVALRY, FOR ADDITIONAL PAY AS SHARPSHOOTER (RIFLE) FROM OCTOBER 24, 1928, TO MARCH 31, 1929, AND REQUESTING DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY SAME.

IT IS STATED THAT FIRST SERGEANT COLE QUALIFIED AS SHARPSHOOTER WITH THE RIFLE ON JULY 4, 1928, WHILE HE WAS A MEMBER OF TROOP E, THIRTEENTH CAVALRY; THAT ON SEPTEMBER 22, 1928, HE WAS TRANSFERRED IN GRADE TO MACHINE GUN TROOP, THIRTEENTH CAVALRY, AND WAS DISCHARGED ON OCTOBER 23, 1928; AND THAT HE REENLISTED THEREIN OCTOBER 24, 1928, IN THE GRADE OF FIRST SERGEANT.

A. R. 35-2380, JULY 2, 1927, PROVIDES:

9. ADDITIONAL COMPENSATION. A. DURATION.--- AN ENLISTED MAN WHO QUALIFIES OR REQUALIFIES UNDER THE PROVISIONS OF PARAGRAPH 6 IS ENTITLED TO RECEIVE ADDITIONAL COMPENSATION AT THE PRESCRIBED RATE (PAR. 4) FROM THE DATE OF QUALIFICATION OR REQUALIFICATION UNTIL HIS RIGHT THERETO IS TERMINATED IN ONE OF THE WAYS PRESCRIBED IN B BELOW.

B. TERMINATION OF RIGHT TO ADDITIONAL COMPENSATION.--- AS TO QUALIFICATION ATTAINED ON OR AFTER MAY 20, 1925, THE RIGHT OF AN ENLISTED MAN TO ADDITIONAL COMPENSATION IS TERMINATED IN THE FOLLOWING MANNER:

(1) AUTOMATICALLY AT THE EXPIRATION OF A PERIOD OF ONE YEAR FROM DATE OF QUALIFYING OR ON ANY DATE WITHIN SUCH PERIOD ON WHICH HE COMPLETES THE QUALIFICATION OR REQUALIFICATION COURSE OR IS AFFORDED AN OPPORTUNITY TO REQUALIFY WITH THE SAME ARM OR ATTAINS THE SAME OR HIGHER QUALIFICATION WITH A DIFFERENT ARM.

(2) BY DISCHARGE. SEE C BELOW.

C. RENEWAL ON REENLISTMENT OR RIGHT TO ADDITIONAL COMPENSATION.--- A QUALIFIED ENLISTED MAN, DISCHARGED PRIOR TO THE TIME HIS RIGHT TO ADDITIONAL COMPENSATION WOULD OTHERWISE BE TERMINATED, WHO REENLISTS WITHIN THREE MONTHS FROM DATE OF DISCHARGE AND WHOSE REENLISTMENT IS WITHIN ONE YEAR FROM THE DATE OF QUALIFICATION, IN AN ORGANIZATION HAVING AS ITS PRINCIPAL ARM OR ARMS THE ARM OR ARMS WITH WHICH HE QUALIFIED OR FOR DUTY REQUIRING THE USE OF THE SAME ARM OR ARMS, THEREBY RENEWS HIS RIGHT TO ADDITIONAL COMPENSATION UNTIL SAME IS TERMINATED UNDER THE PROVISIONS OF B ABOVE.

UNDER THE REGULATIONS QUOTED ABOVE THE RIGHT OF SERGEANT COLE TO ADDITIONAL COMPENSATION AS SHARPSHOOTER WAS TERMINATED BY HIS DISCHARGE ON OCTOBER 23, 1928. THE QUESTION PRESENTED IS AS TO WHETHER HIS RIGHT TO ADDITIONAL COMPENSATION WAS RENEWED BY HIS REENLISTMENT ON OCTOBER 24, 1928.

AS THE PRINCIPAL ARM OF A MACHINE GUN TROOP IS THE MACHINE GUN, AND AS SERGEANT COLE HAD QUALIFIED WITH THE RIFLE, IT IS APPARENT THAT HE DID NOT REENLIST IN AN ORGANIZATION HAVING AS ITS PRINCIPAL ARM OR ARMS THE ARM WITH WHICH HE QUALIFIED.

IN HIS FOURTH INDORSEMENT OF JULY 20, 1929, THE CHIEF OF CAVALRY EXPRESSED THE OPINION THAT SERGEANT COLE'S CASE IS COVERED BY THE ABOVE QUOTED REGULATIONS, AND FURTHER:

* * * THAT SERGEANT COLE REENLISTED FOR "DUTY REQUIRING THE USE OF THE SAME ARM OR ARMS" WITH WHICH HE QUALIFIED AS A SHARPSHOOTER AND THAT HE IS, THEREFORE, ENTITLED TO PAY AS SHARPSHOOTER FOR THE PERIOD FROM OCTOBER 24, 1928, TO JULY 3, 1929.

2. ALTHOUGH THE PRINCIPAL ARM OF THE MACHINE GUN TROOP IS THE MACHINE GUN, THIRTY-EIGHT MEN THEREIN ARE ARMED WITH THE RIFLE. WHILE THE PERSONNEL OF THE TROOP FIRE THE MACHINE GUN FOR EXTRA COMPENSATION THOSE ARMED WITH THE RIFLE ARE ALSO REQUIRED TO FIRE THAT ARM. PART OF SERGEANT COLE'S DUTY IS GIVING INSTRUCTION IN THE USE OF THE RIFLE. IT WOULD THEREFORE SEEM THAT HIS CASE IS FULLY COVERED BY THE ABOVE QUOTED REGULATIONS.

THE FIFTH INDORSEMENT IS AS FOLLOWS:

W.D., A.G.O., JULY 31, 1929.--- TO THE COMMANDING GENERAL, FORT RILEY, KANSAS.

SERGEANT COLE IS NOT ENTITLED TO PAY AS SHARPSHOOTER FOR THE PERIOD FROM OCT. 24, 1928, TO JULY 3, 1929.

BY ORDER OF THE SECRETARY OF WAR:

P. T. HAYNE,

ADJUTANT GENERAL.

THE SECRETARY OF WAR THUS APPARENTLY HOLDS THAT UNDER THE CIRCUMSTANCES STATED THE REENLISTMENT OF SERGEANT COLE WAS NOT FOR DUTY REQUIRING THE USE OF THE SAME ARM WITH WHICH HE QUALIFIED WITHIN THE MEANING OF THE REGULATION. WHILE THE FULL SCOPE OF THE PHRASE "FOR DUTY REQUIRING THE USE OF THE SAME ARM OR ARMS" AS USED IN THE REGULATIONS IS NOT FREE FROM DOUBT, IT IS BELIEVED THAT IT HAS REFERENCE TO ENLISTED MEN WHO ARE NOT MEMBERS OF UNITS FOR WHICH PRINCIPAL ARMS ARE DESIGNATED IN PARAGRAPH 7, AND WHOSE ELIGIBILITY FOR QUALIFICATION IS PROVIDED FOR IN PARAGRAPH 6B OF THE REGULATION.

PAYMENT OF THE VOUCHER WHICH IS RETAINED IN THIS OFFICE IS NOT AUTHORIZED.