A-3892, SEPTEMBER 2, 1924, 4 COMP. GEN. 245

A-3892: Sep 2, 1924

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ARE ENTITLED TO LONGEVITY PAY IN ADDITION TO THEIR BASE PAY AS PROVIDED IN SECTION 3 OF THE ACT OF JUNE 10. ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD ARE ENTITLED TO SPECIALISTS' PAY. PAYMENTS THERETOFORE MADE ON ACCOUNT OF SAID PAY ARE VALIDATED BY THE ACT OF JUNE 3. AN ENLISTED MAN IS NOT ENTITLED TO REIMBURSEMENT FOR SAID PAY IN CASE PAYMENT THEREFOR HAS NOT BEEN MADE. OR WHERE PAYMENTS WERE MADE AND SUBSEQUENTLY REFUNDED. 1924: I HAVE YOUR LETTER OF JUNE 19. WAS ON DECEMBER 4TH. VOUCHERS HERETOFORE REFERRED TO ARE ACCOMPANIED BY PROPER CERTIFICATES AND NOTATION OF ORDERS REQUIRED. IT IS REQUESTED THE STATE OF RHODE ISLAND. THE SAME IS HEREBY. ARE ENTITLED TO LONGEVITY PAY IN ADDITION TO THEIR BASE PAY.

A-3892, SEPTEMBER 2, 1924, 4 COMP. GEN. 245

NATIONAL GUARD PAY - LONGEVITY - SPECIALISTS' RATING OFFICERS OF THE NATIONAL GUARD WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, ON OR AFTER JULY 1, 1922, ARE ENTITLED TO LONGEVITY PAY IN ADDITION TO THEIR BASE PAY AS PROVIDED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY SECTION 1 OF THE ACT OF MAY 31, 1924, 43 STAT. 250. ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD ARE ENTITLED TO SPECIALISTS' PAY, WHEN SO RATED, IN ADDITION TO THE PAY PROVIDED IN SECTION 14 OF THE ACT OF JUNE 10, 1922, FROM THE APPROVAL OF THE ACT OF JUNE 3, 1924, 43 STAT. 365. PAYMENTS THERETOFORE MADE ON ACCOUNT OF SAID PAY ARE VALIDATED BY THE ACT OF JUNE 3, 1924, BUT AN ENLISTED MAN IS NOT ENTITLED TO REIMBURSEMENT FOR SAID PAY IN CASE PAYMENT THEREFOR HAS NOT BEEN MADE, OR WHERE PAYMENTS WERE MADE AND SUBSEQUENTLY REFUNDED.

COMPTROLLER GENERAL MCCARL TO MAJ. HORACE L. MANCHESTER, FORMER PROPERTY AND DISBURSING OFFICER, NATIONAL GUARD, SEPTEMBER 2, 1924:

I HAVE YOUR LETTER OF JUNE 19, 1924, TRANSMITTED THROUGH OFFICIAL CHANNELS, AS FOLLOWS:

1. REFERENCE TO STATEMENT OF DIFFERENCES--- MAJOR HORACE L. MANCHESTER U.S.P. AND D. OFFICER IN RHODE ISLAND, OCTOBER 26TH 1923 REFERRED TO AS

"D.S. NO. 10

CERTIFICATE NO. M-1988-W

DATED OCTOBER 20, 1923" SAID DIFFERENCE IN THE SUM OF SIX HUNDRED NINETY- FIVE, AND 39/100 DOLLARS ($695.39) COVERING PAY OF CERTAIN OFFICERS FOR LONGEVITY, AND ENLISTED SPECIALIST RATINGS FOR MEN OF THE 6TH AND 7TH GRADE, ON VOUCHERS 401, 402, 403, JULY, 1922; 411, 429, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, AUGUST, 1922; 458, 464, 465, 466, 482, SEPTEMBER, 1922; 518, 519, OCTOBER, 1922, HAVING BEEN DISBURSED, WAS ON DECEMBER 4TH, 1923, BY 1ST INDORSEMENT U.S.P. AND D. OFFICER, PROVIDENCE, R.I., TO GENERAL ACCOUNTING OFFICE, MILITARY DIVISION, WASHINGTON, C., RETURNED WITH NOTICE OF RIGHT RESERVED TO CLAIM REIMBURSEMENT IN CASE OF FUTURE RETROACTIVE LEGISLATION VALIDATING SUCH PAYMENT. (SEE INCLOSURE.)

2. INASMUCH AS THE ACT OF MAY 31, 1924 AMENDING THE PAY READJUSTMENT ACT OF JUNE 30TH, 1922, AUTHORIZES LONGEVITY PAY FOR COMMISSIONED OFFICERS OF THE NATIONAL GUARD, AND SPECIALIST PAY FOR ENLISTED MEN OF THE 6TH AND 7TH GRADE FROM JULY 1, 1922, WHEN IN ATTENDANCE AT CAMPS OF INSTRUCTION AND MANEUVERS UNDER COMPETENT FEDERAL ORDERS, AND VOUCHERS HERETOFORE REFERRED TO ARE ACCOMPANIED BY PROPER CERTIFICATES AND NOTATION OF ORDERS REQUIRED, IT IS REQUESTED THE STATE OF RHODE ISLAND, ADJUTANT GENERAL'S DEPARTMENT, BE REIMBURSED AS PROVIDED, AND IN THE AMOUNT NAMED--- SIX HUNDRED NINETY FIVE AND 39/100 DOLLARS ($695.39).

THE FIRST SECTION OF THE ACT OF MAY 31, 1924, 43 STAT; 250 PROVIDES:

THAT SECTION 3 OF THE ACT ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED JUNE 10, 1922, BE, AND THE SAME IS HEREBY, AMENDED BY INSERTING IMMEDIATELY AFTER THE FIRST SENTENCE THEREOF THE FOLLOWING SENTENCE:

"SUCH OFFICERS WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, SHALL RECEIVE AS LONGEVITY PAY, IN ADDITION TO BASE PAY PROVIDED BUT NOT EXCEEDING THE MAXIMUM PAY PRESCRIBED BY LAW, AN INCREASE THEREOF AT THE PERCENTUM AND TIME RATES UP TO THIRTY YEARS PROVIDED IN THE TENTH PARAGRAPH OF SECTION I.'

SECTION 7 OF THE SAME ACT, PROVIDES:

THAT THE PROVISIONS OF THIS ACT SHALL BE EFFECTIVE FROM AND AFTER JULY 1, 1922.

ACCORDINGLY, OFFICERS OF THE NATIONAL GUARD WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, ON OR AFTER JULY 1, 1922, ARE ENTITLED TO LONGEVITY PAY IN ADDITION TO THEIR BASE PAY, AS PROVIDED IN THE TENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922.

YOU ARE THEREFORE ADVISED THAT REIMBURSEMENT MAY BE HAD, FOR THE LONGEVITY PAY IN QUESTION, BY THE PREPARATION OF SUPPLEMENTAL PAY ROLLS, COVERING THE DISBURSEMENTS MADE TO EACH OFFICER WHOSE LONGEVITY PAY WAS DISALLOWED BY THIS OFFICE, AND SUBSEQUENTLY REFUNDED BY YOU AS SHOWN IN YOUR ACCOUNTS.

AS TO ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD HOLDING SPECIALISTS' RATINGS, SECTION 6 OF THE ACT OF JUNE 3, 1924, 43 STAT; 365-366, PROVIDES AS FOLLOWS:

ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD HOLDING SPECIALISTS' RATINGS UNDER THE PROVISIONS OF THE NATIONAL DEFENSE ACT, AS AMENDED, SHALL, IN ADDITION TO THE PAY PROVIDED IN SECTION 14 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, BE ENTITLED TO ONE-THIRTIETH OF THE SPECIALISTS' PAY PROVIDED IN SECTION 9 OF SAID PAY READJUSTMENT ACT FOR EACH DAY OF PARTICIPATION IN EXERCISES PROVIDED FOR BY SECTIONS 94, 97, AND 99, NATIONAL DEFENSE ACT, AS AMENDED: PROVIDED, THAT PAYMENTS HERETOFORE MADE TO ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD HOLDING SPECIALISTS' RATING OF ONE-THIRTIETH OF THE SPECIALISTS' PAY PROVIDED IN SECTION 9 OF SAID PAY READJUSTMENT ACT FOR EACH DAY SPENT IN PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES PROVIDED FOR BY SECTIONS 94, 97, 99, AND 110 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED, BE, AND THE SAME ARE HEREBY, VALIDATED.

THE ABOVE ACT DOES NOT PROVIDE FOR THE PAYMENT OF SPECIALISTS' PAY PROVIDED IN SECTION 9 OF THE ACT OF JUNE 10, 1922, TO ENLISTED MEN OF THE SIXTH AND SEVENTH GRADES OF THE NATIONAL GUARD, HOLDING SPECIALISTS' RATINGS, IN ADDITION TO THE PAY PROVIDED IN SECTION 14 OF THE ACT OF JUNE 10, 1922, PRIOR TO THE APPROVAL OF THE SAID ACT. IT DOES PROVIDE THAT PAYMENTS HERETOFORE MADE TO SUCH ENLISTED MEN ON ACCOUNT OF SPECIALISTS' PAY ARE THEREBY VALIDATED. NO PROVISION IS MADE IN THE ACT FOR REIMBURSEMENT TO THOSE WHO RECEIVED NO PAYMENTS THEREFORE PRIOR TO THE DATE OF THE ACT; NEITHER IS THERE ANY PROVISION FOR REIMBURSEMENT TO THOSE WHO RECEIVED PAYMENTS PRIOR TO THE ACT BUT WHO SUBSEQUENTLY REFUNDED SUCH PAYMENTS. THERE IS NO LAW AUTHORIZING REIMBURSEMENT FOR THE PAY IN QUESTION PRIOR TO THE ACT APPROVED JUNE 3, 1924.