A-36526, MAY 14, 1931, 10 COMP. GEN. 523

A-36526: May 14, 1931

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PAY - ARMY OFFICER WHOLLY RETIRED WHERE AN OFFICER IN THE MEDICAL CORPS OF THE ARMY WAS FOUND BY A RETIRING BOARD TO BE INCAPACITATED FOR SERVICE ON ACCOUNT OF DISABILITY WHICH WAS NOT THE RESULT OF ANY INCIDENT OF THE SERVICE. WAS BY DIRECTION OF THE PRESIDENT WHOLLY RETIRED FROM THE SERVICE UNDER THE PROVISIONS OF SECTIONS 1252 AND 1275 OF THE REVISED STATUTES. HE IS ENTITLED TO ONE YEAR'S PAY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF STAKELY F. HAVING BEEN FOUND BY AN ARMY RETIRING BOARD INCAPACITATED FOR ACTIVE SERVICE ON ACCOUNT OF DISABILITY WHICH IS NOT THE RESULT OF ANY INCIDENT OF THE SERVICE. IS BY HIS DIRECTION WHOLLY RETIRED FROM THE SERVICE ON MARCH 31.

A-36526, MAY 14, 1931, 10 COMP. GEN. 523

PAY - ARMY OFFICER WHOLLY RETIRED WHERE AN OFFICER IN THE MEDICAL CORPS OF THE ARMY WAS FOUND BY A RETIRING BOARD TO BE INCAPACITATED FOR SERVICE ON ACCOUNT OF DISABILITY WHICH WAS NOT THE RESULT OF ANY INCIDENT OF THE SERVICE, AND WAS BY DIRECTION OF THE PRESIDENT WHOLLY RETIRED FROM THE SERVICE UNDER THE PROVISIONS OF SECTIONS 1252 AND 1275 OF THE REVISED STATUTES, HE IS ENTITLED TO ONE YEAR'S PAY, INCLUDING RENTAL AND SUBSISTENCE ALLOWANCES AS AN OFFICER WITH A DEPENDENT AS DEFINED IN SECTION 4 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AS AMENDED.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, MAY 14, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 17, 1931, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF STAKELY F. HATCHETTE, FORMERLY FIRST LIEUTENANT, MEDICAL CORPS, UNITED STATES ARMY, FOR ONE YEAR'S PAY IN THE AMOUNT OF $2,000, AND RENTAL AND SUBSISTENCE ALLOWANCES FOR THE SAME PERIOD AS AN OFFICER WITH DEPENDENT (WIFE) IN THE AMOUNTS OF $720 AND $438, RESPECTIVELY, BY REASON OF HIS RETIREMENT UNDER PARAGRAPH 29, SPECIAL ORDERS NO. 74, WAR DEPARTMENT, DATED MARCH 30, 1931, AS FOLLOWS:

29. FIRST LIEUTENANT STAKELY F. HATCHETTE, MEDICAL CORPS, HAVING BEEN FOUND BY AN ARMY RETIRING BOARD INCAPACITATED FOR ACTIVE SERVICE ON ACCOUNT OF DISABILITY WHICH IS NOT THE RESULT OF ANY INCIDENT OF THE SERVICE, AND SUCH FINDING HAVING BEEN APPROVED BY THE PRESIDENT, IS BY HIS DIRECTION WHOLLY RETIRED FROM THE SERVICE ON MARCH 31, 1931, UNDER THE PROVISIONS OF SECTION 1252, REVISED STATUTES, AND THE ACT OF CONGRESS APPROVED APRIL 23, 1930. THE PROVISIONS OF SECTION 1275, REVISED STATUTES, APPLY IN THIS CASE.

THERE APPEARS TO BE NO QUESTION AS TO THE ITEM OF ONE YEAR'S PAY, BUT YOU STATE THAT YOU ARE IN DOUBT WHETHER THIS OFFICE WILL FOLLOW THE DECISION OF THE COURT OF CLAIMS IN MILLER V. UNITED STATES, 69 CT.CLS. 750, AS TO THE ITEMS OF RENTAL AND SUBSISTENCE ALLOWANCES.

FORMER LIEUTENANT HATCHETTE, AS IN THE MILLER CASE, WAS FOUND BY AN ARMY RETIRING BOARD TO BE INCAPACITATED FOR SERVICE ON ACCOUNT OF DISABILITY WHICH WAS NOT THE RESULT OF ANY INCIDENT OF THE SERVICE, AND HE WAS, BY DIRECTION OF THE PRESIDENT, WHOLLY RETIRED FROM THE SERVICE UNDER THE PROVISIONS OF SECTIONS 1252 AND 1275, REVISED STATUTES. GIVING APPLICATION TO THE RULE SET OUT IN THAT OPINION AND WHICH HAS BEEN ACCEPTED BY THIS OFFICE, HE IS ENTITLED TO ONE YEAR'S ALLOWANCES, AS AN OFFICER WITH A DEPENDENT (WIFE), AS DEFINED IN SECTION 4, ACT OF JUNE 10, 1922, 42 STAT. 627, AS AMENDED. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT IS AUTHORIZED ON THE VOUCHER, IF IT IS OTHERWISE CORRECT.