A-29617, DECEMBER 2, 1929, 9 COMP. GEN. 232

A-29617: Dec 2, 1929

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PAY - PROMOTION - ARMY OFFICERS - DENTAL CORPS WHERE AN OFFICER IN THE DENTAL CORPS OF THE ARMY WAS PROMOTED FROM CAPTAIN TO MAJOR. HE IS NOT ENTITLED TO PAY IN THE HIGHER GRADE UNTIL HE HAS COMPLETED 12 YEARS'S SERVICE. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. PAY OF MAJOR IS NOT AUTHORIZED UNTIL AFTER COMPLETION OF 12 YEARS SERVICE. YOU ARE ACCORDINGLY ADVISED THAT THIS OFFICER HAS BEEN CORRECTLY PAID AS CAPTAIN FROM JULY 1 TO 20. IS NOT AUTHORIZED. THE VOUCHER TRANSMITTED WITH YOUR LETTER WILL BE RETAINED IN THIS OFFICE.

A-29617, DECEMBER 2, 1929, 9 COMP. GEN. 232

PAY - PROMOTION - ARMY OFFICERS - DENTAL CORPS WHERE AN OFFICER IN THE DENTAL CORPS OF THE ARMY WAS PROMOTED FROM CAPTAIN TO MAJOR, HE IS NOT ENTITLED TO PAY IN THE HIGHER GRADE UNTIL HE HAS COMPLETED 12 YEARS'S SERVICE, AUTHORIZED TO BE COUNTED UNDER SECTION 10 OF THE ACT OF JUNE 4, 1920, 41 STAT. 767.

COMPTROLLER GENERAL MCCARL TO CAPT. C. J. DICK, UNITED STATES ARMY, DECEMBER 2, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 14, 1929, FILE 201, WEBB, WM. C., JR., REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. WILLIAM C. WEBB, JR., DENTAL CORPS, UNITED STATES ARMY, FOR $20.14, THE DIFFERENCE BETWEEN PAY AND ALLOWANCES OF CAPTAIN AND MAJOR, WITH OVER NINE YEARS' SERVICE, FOR THE PERIOD FROM JULY 13 TO 20, 1929.

SPECIAL ORDERS NO. 165, WAR DEPARTMENT, DATED JULY 17, 1929, ANNOUNCED THE PROMOTION IN THE DENTAL CORPS OF WILLIAM C. WEBB, JR., FROM CAPTAIN TO MAJOR, SHOWING DATE OF RANK AS JULY 13, 1929.

SECTION 10 OF THE ACT OF JUNE 4, 1920, 41 STAT. 767, PROVIDES:

HEREAFTER AN OFFICER OF THE MEDICAL OR DENTAL CORPS SHALL BE PROMOTED * * * TO THE GRADE OF MAJOR AFTER TWELVE YEARS' SERVICE * * *. FOR PURPOSES OF PROMOTION THERE SHALL BE CREDITED TO OFFICERS OF THE MEDICAL DEPARTMENT ALL ACTIVE COMMISSIONED SERVICE IN THE REGULAR ARMY WHENEVER RENDERED; AND ALSO ALL SUCH SERVICE RENDERED SINCE APRIL 6, 1917, IN THE ARMY OR IN THE NATIONAL GUARD WHEN IN ACTIVE SERVICE UNDERA CALL BY THE PRESIDENT, EXCEPT SERVICE UNDER A RESERVE COMMISSION WHILE IN ATTENDANCE AT SCHOOL OR CAMP FOR THE TRAINING OF CANDIDATES FOR COMMISSION. TO OFFICERS OF THE DENTAL CORPS SHALL BE CREDITED THEIR SERVICE AS CONTRACT DENTAL SURGEONS AND ACTING DENTAL SURGEONS. * * *

THE ARMY REGISTER, 1929, SHOWS SERVICES RENDERED BY MAJOR WEBB AS FOLLOWS:

CAPT. D.C. U.S.A. 7 SEPT. 18; ACCEPTED 1 OCT. 18; MAJ. D.C. U.S.A. 5 MAY 19; ACCEPTED 6 MAY 19; HON.DIS. 6 DEC. 19.--- D.SURG. 22 JUNE 17; ACCEPTED 21 JULY 17; 1 LT.D.C. 22 JUNE 17; ACCEPTED 21 JULY 17; CAPT. 13 JULY 18; ACCEPTED 1 APR. 19.

ON THE BASIS OF THIS RECORD THE OFFICER COMPLETED 12 YEARS' SERVICE JULY 20, 1929, AND UNDER THE CLEAR PROVISIONS OF THE ACT OF JUNE 4, 1920 CITED, PAY OF MAJOR IS NOT AUTHORIZED UNTIL AFTER COMPLETION OF 12 YEARS SERVICE. YOU ARE ACCORDINGLY ADVISED THAT THIS OFFICER HAS BEEN CORRECTLY PAID AS CAPTAIN FROM JULY 1 TO 20, 1929, AND AS MAJOR FROM JULY 21 TO 31, 1929, AND THAT PAYMENT OF THE DIFFERENCE BETWEEN PAY OF CAPTAIN AND MAJOR FROM JULY 13 TO 20, 1920, IS NOT AUTHORIZED.

THE VOUCHER TRANSMITTED WITH YOUR LETTER WILL BE RETAINED IN THIS OFFICE.