A-29979, JANUARY 11, 1930, 9 COMP. GEN. 280

A-29979: Jan 11, 1930

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EFFECTIVE "ON THE DATE UPON WHICH HE WOULD HAVE BEEN PROMOTED" BY REASON OF LENGTH OF COMMISSIONED SERVICE IF FOUND QUALIFIED IS ENTITLED. TO RETIREMENT PAY AS MAJOR FROM THE DATE HE WOULD OTHERWISE HAVE BEEN PROMOTED TO SUCH RANK. REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED. 1920 IS ANNOUNCED TO DATE FROM NOVEMBER 24. THE DATE UPON WHICH HE WOULD HAVE BEEN PROMOTED TO THAT GRADE BY REASON OF LENGTH OF COMMISSIONED SERVICE IF FOUND QUALIFIED. IS AS FOLLOWS: THAT THE PRESIDENT BE. HE IS HEREBY. PROVIDES: * * * CHAPLAINS SHALL HEREAFTER HAVE RANK. SUCH APPOINTMENTS MAY BE MADE IN GRADES ABOVE THE LOWEST UNDER THE SAME RESTRICTIONS AS TO AGE AND RANK AS ARE HEREINAFTER PRESCRIBED FOR ORIGINAL APPOINTMENTS IN OTHER BRANCHES OF THE SERVICE.

A-29979, JANUARY 11, 1930, 9 COMP. GEN. 280

PAY - RETIRED - ARMY CHAPLAIN AN ARMY CHAPLAIN SERVING IN THE RANK OF CAPTAIN FOUND TO BE PHYSICALLY DISQUALIFIED FOR PROMOTION TO THE RANK OF MAJOR, IN AN EXAMINATION HELD ANTERIOR TO THE DATE OF COMPLETION OF 14 YEARS' SERVICE ENTITLING HIM TO PROMOTION TO MAJOR, AND ORDERED TO BE RETIRED, EFFECTIVE "ON THE DATE UPON WHICH HE WOULD HAVE BEEN PROMOTED" BY REASON OF LENGTH OF COMMISSIONED SERVICE IF FOUND QUALIFIED IS ENTITLED, UNDER THE PROVISIONS OF THE ACT OF OCTOBER 1, 1890, 26 STAT. 562, TO RETIREMENT PAY AS MAJOR FROM THE DATE HE WOULD OTHERWISE HAVE BEEN PROMOTED TO SUCH RANK.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, JANUARY 11, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 16, 1929, FILE .016 (FELL, HORACE R., NO. 06212), TRANSMITTING A VOUCHER IN FAVOR OF CHAPLAIN HORACE R. FELL, RETIRED, UNITED STATES ARMY, IN THE AMOUNT OF $9 FOR DIFFERENCE BETWEEN RETIREMENT PAY AS CAPTAIN AND MAJOR WITH OVER 12 YEARS' SERVICE, FOR THE PERIOD NOVEMBER 25 TO 30, 1929, AND REQUESTING DECISION WHETHER PAYMENT THEREON IS AUTHORIZED.

PARAGRAPH 16, SPECIAL ORDERS NO. 275, WAR DEPARTMENT, DATED NOVEMBER 23, 1929, ANNOUNCED THE RETIREMENT OF CHAPLAIN FELL AS FOLLOWS:

CHAPLAIN HORACE R. FELL, U. S. ARMY, HAVING BEEN EXAMINED FOR PROMOTION BY A BOARD OF OFFICERS AND FOUND PHYSICALLY DISQUALIFIED FOR THE DUTIES OF A CHAPLAIN WITH THE RANK OF MAJOR BY REASON OF DISABILITY INCIDENT TO THE SERVICE, HIS RETIREMENT BY THE PRESIDENT FROM ACTIVE SERVICE AS A MAJOR UNDER THE PROVISIONS OF SEC. 3 OF AN ACT OF CONGRESS APPROVED OCTOBER 1, 1890, AND SEC. 15 OF AN ACT OF CONGRESS APPROVED JUNE 4, 1920 IS ANNOUNCED TO DATE FROM NOVEMBER 24, 1929, THE DATE UPON WHICH HE WOULD HAVE BEEN PROMOTED TO THAT GRADE BY REASON OF LENGTH OF COMMISSIONED SERVICE IF FOUND QUALIFIED.

SECTION 3 OF THE ACT OF OCTOBER 1, 1890, 26 STAT. 562, IS AS FOLLOWS:

THAT THE PRESIDENT BE, AND HE IS HEREBY, AUTHORIZED TO PRESCRIBE A SYSTEM OF EXAMINATION OF ALL OFFICERS OF THE ARMY BELOW THE RANK OF MAJOR TO DETERMINE THEIR FITNESS FOR PROMOTION, SUCH AN EXAMINATION TO BE CONDUCTED AT SUCH TIMES ANTERIOR TO THE ACCRUING OF THE RIGHT TO PROMOTION AS MAY BE BEST FOR THE INTEREST OF THE SERVICE: * * * AND PROVIDED, THAT SHOULD THE OFFICER FAIL IN HIS PHYSICAL EXAMINATION AND BE FOUND INCAPACITATED FOR SERVICE BY REASON OF PHYSICAL DISABILITY CONTRACTED IN LINE OF DUTY HE SHALL BE RETIRED WITH THE RANK TO WHICH HIS SENIORITY ENTITLED HIM TO BE PROMOTED; * * *

SECTION 15 OF THE ACT OF JUNE 4, 1920, 41 STAT. 769, PROVIDES:

* * * CHAPLAINS SHALL HEREAFTER HAVE RANK, PAY, AND ALLOWANCES ACCORDING TO LENGTH OF ACTIVE COMMISSIONED SERVICE IN THE ARMY, OR,SINCE APRIL 6, 1917, IN THE NATIONAL GUARD WHILE IN ACTIVE SERVICE UNDER A CALL BY THE PRESIDENT, AS FOLLOWS: LESS THAN FIVE YEARS, FIRST LIEUTENANT; FIVE TO FOURTEEN YEARS, CAPTAIN; FOURTEEN TO TWENTY YEARS, MAJOR; OVER TWENTY YEARS, LIEUTENANT COLONEL. * * * OF THE VACANCIES EXISTING ON JULY 1, 1920, SUCH NUMBER AS THE PRESIDENT MAY DIRECT SHALL BE FILLED BY APPOINTMENT ON THAT DATE OF PERSONS UNDER THE AGE OF FIFTY-EIGHT YEARS, OTHER THAN CHAPLAINS OF THE REGULAR ARMY, WHO SERVED AS CHAPLAINS IN THE ARMY AT SOME TIME BETWEEN APRIL 6, 1917, AND THE DATE OF THE PASSAGE OF THIS ACT. SUCH APPOINTMENTS MAY BE MADE IN GRADES ABOVE THE LOWEST UNDER THE SAME RESTRICTIONS AS TO AGE AND RANK AS ARE HEREINAFTER PRESCRIBED FOR ORIGINAL APPOINTMENTS IN OTHER BRANCHES OF THE SERVICE, AND IN ACCORDANCE WITH THE RECOMMENDATION OF THE BOARD OF OFFICERS PROVIDED FOR IN SECTION 24. FOR PURPOSES OF FUTURE PROMOTION, PERSONS, SO APPOINTED SHALL BE CONSIDERED AS HAVING HAD ON THE DATE OF APPOINTMENT SUFFICIENT PRIOR SERVICE TO BRING THEM TO THEIR RESPECTIVE GRADES UNDER THE RULES OF PROMOTION ESTABLISHED IN THIS SECTION.

THE OFFICIAL ARMY REGISTER FOR 1929 SHOWS THE MILITARY HISTORY OF THIS OFFICER, AS FOLLOWS:

(NON-FEDERAL: CHAP.ENGS. N.Y.N.G. 18 DEC. 13 TO 23 DEC. 14 AND FROM 28 JAN. 15 TO 11 SEPT. 16 AND FROM 5 JAN. 17 TO 15 JULY 17./--- CHAP. (1 LT) HQ.CO. 22 REGT.ENGRS. N.Y.N.G. 12 SEPT. 16 TO 4 JAN. 17; CHAP. (1 LT) HQ.CO. 22 REGT.ENGRS. N.Y.N.G. 16 JULY 17; CHAP. (CAPT.) U.S.A. 19 FEB. 19; ACCEPTED 26 APR. 19; HON.DIS. 29 OCT. 19. --- CHAP. (CAPT.) 1 JULY 20; ACCEPTED 26 NOV. 20.

YOU STATE THAT INFORMATION FROM THE ADJUTANT GENERAL IS TO THE EFFECT THAT THE OFFICER'S APPOINTMENT WAS DATED NOVEMBER 24, 1920. HE HAD NOT ACTUALLY COMPLETED FIVE YEARS' SERVICE AUTHORIZED TO BE COUNTED FOR PROMOTION PURPOSES AT THE TIME OF HIS APPOINTMENT, BUT BY VIRTUE OF HIS APPOINTMENT IN THE RANK OF CAPTAIN HE WAS, UNDER THE PROVISIONS OF THE 1920 ACT CITED, ENTITLED "ON DATE OF APPOINTMENT" FOR PURPOSES OF FUTURE PROMOTION TO A CREDIT OF FIVE YEARS' SERVICE. HE ACCEPTED HIS APPOINTMENT NOVEMBER 26, 1920, AND BY INCLUDING THE FIVE YEARS' CONSTRUCTIVE SERVICE HE WOULD HAVE COMPLETED THE FOURTEEN YEARS' SERVICE NECESSARY TO QUALIFY FOR PROMOTION TO THE GRADE OF MAJOR ON NOVEMBER 25, 1929. UNDER THE 1890 ACT, CITED, THERE COULD, HOWEVER, BE NO ADVANCEMENT UNTIL HE HAD PASSED THE EXAMINATION PRESCRIBED BY THE PRESIDENT TO DETERMINE HIS PHYSICAL FITNESS FOR PROMOTION, WHICH MAY BE HELD AT SUCH TIME ANTERIOR TO THE ACCRUING OF THE RIGHT TO PROMOTION AS MAY BE BEST FOR THE INTEREST OF THE SERVICE. SEE ARMY REGULATIONS 605-40 PARAGRAPHS 5 AND 7. SPECIAL ORDERS NO. 275 SHOW THAT AS A RESULT OF THE PHYSICAL EXAMINATION HELD TO DETERMINE THE FITNESS OF CHAPLAIN FELL FOR PROMOTION UPON COMPLETION OF FOURTEEN YEARS' SERVICE HE WAS FOUND PHYSICALLY DISQUALIFIED FOR THE DUTIES OF A CHAPLAIN WITH THE RANK OF MAJOR BY REASON OF DISABILITY INCIDENT TO THE SERVICE, AND HE WAS, PURSUANT TO AUTHORIZATION CONTAINED IN THE 1860 ACT CITED, ENTITLED TO BE RETIRED WITH THE RANK OF MAJOR STATED TO BE EFFECTIVE "NOVEMBER 24, 1929, THE DATE UPON WHICH HE WOULD HAVE BEEN PROMOTED TO THAT GRADE BY REASON OF LENGTH OF COMMISSIONED SERVICE IS FOUND QUALIFIED.' NOVEMBER 26, 1929 AND NOT NOVEMBER 24, 1929, IS THE DATE UPON WHICH HE WOULD LEGALLY HAVE BEEN ENTITLED TO PROMOTION TO THE RANK OF MAJOR BY REASON OF LENGTH OF COMMISSIONED SERVICE AUTHORIZED TO BE COUNTED UNDER SEC. 15 OF THE 1920 ACT, AND UNDER THE TERMS OF THE ORDER BASED ON THE STATUTE SUCH DATE IS REGARDED AS THE EFFECTIVE DATE OF HIS RETIREMENT IN THE RANK OF MAJOR AND NOT THE ERRONEOUS DATE STATED IN THE ORDER. ACCORDINGLY, PAYMENT MAY BE MADE ON THE VOUCHER OF THE DIFFERENCE BETWEEN RETIRED PAY AS CAPTAIN AND MAJOR FROM NOVEMBER 26 TO 30, 1929, IN THE AMOUNT OF $7.50, IF IT IS OTHERWISE CORRECT.