A-3925, JULY 19, 1924, 4 COMP. GEN. 82

A-3925: Jul 19, 1924

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ARMY PAY - LONGEVITY - REENLISTMENT GRATUITY - PHILIPPINE SCOUT SERVICE SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS IS SERVICE IN A MILITARY CAPACITY IN THE ARMY. AN ENLISTED MAN OF THE REGULAR ARMY IS ENTITLED TO COUNT PRIOR SERVICE IN THE PHILIPPINE SCOUTS FOR LONGEVITY INCREASE OF PAY UNDER THE ACT OF JUNE 10. IS NOT SERVICE IN THE REGULAR ARMY. AN ENLISTMENT IN THE REGULAR ARMY FOLLOWING DISCHARGE FROM THE PHILIPPINE SCOUTS IS NOT A REENLISTMENT AND DOES NOT ENTITLE THE SOLDIER TO THE GRATUITY PROVIDED BY THE ACT OF JUNE 10. 1924: THERE WAS RECEIVED JULY 10. IS ENTITLED TO THE ENLISTMENT ALLOWANCE PROVIDED BY THE ACT OF JUNE 10. IT IS STATED THAT THE SOLDIER HAS HAD SERVICE AS FOLLOWS: COMPANY I.

A-3925, JULY 19, 1924, 4 COMP. GEN. 82

ARMY PAY - LONGEVITY - REENLISTMENT GRATUITY - PHILIPPINE SCOUT SERVICE SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS IS SERVICE IN A MILITARY CAPACITY IN THE ARMY, AND AN ENLISTED MAN OF THE REGULAR ARMY IS ENTITLED TO COUNT PRIOR SERVICE IN THE PHILIPPINE SCOUTS FOR LONGEVITY INCREASE OF PAY UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 629. SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS, WHILE IN A BROAD SENSE SERVICE IN THE ARMY AND COUNTED FOR LONGEVITY INCREASE IN SUBSEQUENT ENLISTMENTS IN THE REGULAR ARMY, IS NOT SERVICE IN THE REGULAR ARMY, AND AN ENLISTMENT IN THE REGULAR ARMY FOLLOWING DISCHARGE FROM THE PHILIPPINE SCOUTS IS NOT A REENLISTMENT AND DOES NOT ENTITLE THE SOLDIER TO THE GRATUITY PROVIDED BY THE ACT OF JUNE 10, 1922, FOR REENLISTMENTS.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF WAR, JULY 19, 1924:

THERE WAS RECEIVED JULY 10, 1924, YOUR REQUEST FOR DECISION AS TO WHETHER RAMON ROJO, PRIVATE, FIRST CLASS, SPECIALIST, THIRD CLASS, SERVICE COMPANY, TWENTY-SEVENTH INFANTRY, IS ENTITLED TO THE ENLISTMENT ALLOWANCE PROVIDED BY THE ACT OF JUNE 10, 1922, 42 STAT. 629, AND TO COUNT PRIOR SERVICE IN THE PHILIPPINE SCOUTS FOR INCREASE OF PAY.

IT IS STATED THAT THE SOLDIER HAS HAD SERVICE AS FOLLOWS:

COMPANY I, 1ST PHILIPPINE INFANTRY, JULY 6, 1916, TO JULY 5, 1920; SERVICE COMPANY, 45TH INFANTRY (P.S.), AUGUST 17, 1920, TO AUGUST 16,1923.

ENLISTED IN THE REGULAR ARMY AUGUST 18, 1923, AT MANILA, P.I., FOR THREE YEARS; TRANSFERRED SEPT. 24, 1923, TO FORT MCDOWELL, CALIF., FOR ASSIGNMENT TO HAWAIIAN DEPARTMENT; ARRIVED IN HAWAIIAN DEPARTMENT NOVEMBER 26, 1923, AND ASSIGNED TO SERVICE COMPANY, 27TH INFANTRY, DECEMBER 8, 1923.

THE ACT OF JUNE 10, 1922, 42 STAT. 629, PROVIDES:

SEC. 9. * * * COMMENCING JULY 1, 1922, WARRANT OFFICERS OF THE ARMY * * * INCLUDING WARRANT OFFICERS OF THE ARMY MINE PLANTER SERVICE AND ENLISTED MEN OF THE ARMY * * *, SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 5 PERCENTUM OF THEIR BASE PAY FOR EACH FOUR YEARS OF SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT NOT TO EXCEED 25 PERCENTUM. ON AND AFTER JULY 1, 1922, AN ENLISTMENT ALLOWANCE EQUAL TO $50, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE FIRST THREE GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE, AND AN ENLISTMENT ALLOWANCE OF $25, MULTIPLIED BY THE NUMBER OF YEARS SERVED IN THE ENLISTMENT PERIOD FROM WHICH HE HAS LAST BEEN DISCHARGED, SHALL BE PAID TO EVERY HONORABLY DISCHARGED ENLISTED MAN OF THE OTHER GRADES WHO REENLISTS WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF HIS DISCHARGE.

SECTION 36 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT. 757, AUTHORIZED THE PRESIDENT TO ENLIST NATIVES OF THE PHILIPPINE ISLANDS IN ORGANIZATIONS TO BE KNOWN AS SCOUTS FOR SERVICE IN THE ARMY. THE PHILIPPINE SCOUTS ARE A PART OF THE REGULAR ARMY, EXISTING BY VIRTUE OF AND SUBJECT TO THE LIMITATIONS OF SPECIAL STATUTES. 3 COMP. GEN. 135.

WHAT SERVICE WITH THE ARMY MAY BE COUNTED FOR THE PURPOSE OF LONGEVITY INCREASE OF PAY HAS BEEN THE SUBJECT OF NUMEROUS DECISIONS, BOTH OF THE ACCOUNTING OFFICERS AND THE COURTS. IT SEEMS TO BE SETTLED THAT UNDER A STATUTE BROADLY PROVIDING FOR A PERCENTAGE INCREASE OF PAY "FOR SERVICES IN THE ARMY" (THERE BEING NO LIMITING STATUTES OTHERWISE APPLICABLE; FOR EXAMPLE, SEC. 6, ACT OF AUGUST 24, 1912, 37 STAT. 594) ANY SERVICE IN A MILITARY CAPACITY IS TO BE INCLUDED, AS DISTINGUISHED FROM SERVICE RENDERED AS A CIVILIAN ACCOMPANYING THE ARMY, WHETHER SERVING BY APPOINTMENT OR UNDER CONTRACT. SEE UNITED STATES V. MORTON, 112 U.S. 1; HENDEE V. UNITED STATES, 124 U.S. 309; 27 COMP. DEC. 289; 2 COMP. GEN. 350. SERVICE AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS IS SERVICE IN A MILITARY CAPACITY IN THE ARMY, AND AN ENLISTED MAN OF THE REGULAR ARMY IS ENTITLED TO COUNT PRIOR SERVICE IN THE PHILIPPINE SCOUTS FOR INCREASE OF PAY AS PROVIDED IN THE ACT OF JUNE 10, 1922. 27 COMP. DEC. 309.

AN ENLISTMENT IN THE REGULAR ARMY AFTER SERVICE IN THE PHILIPPINE SCOUTS IS NOT A REENLISTMENT, BUT AN ENLISTMENT. WHILE SERVICE IN THE PHILIPPINE SCOUTS IS SERVICE IN THE ARMY FOR THE PURPOSE OF LONGEVITY INCREASE OF PAY UNDER THE EXISTING STATUTE, THAT SERVICE WAS NOT IN THE REGULAR ARMY PROPER, BUT IN AN ORGANIZATION CREATED BY SPECIFIC AND SEPARATE PROVISION OF LAW, EXISTING SEPARATE AND DISTINCT FROM THE REGULAR ARMY AND PRIMARILY FOR DUTY IN THE PHILIPPINE ISLANDS. FROM ITS CREATION IT HAS HAD A SEPARATE PROVISION FOR PAY AND HAS OPERATED IN A LIMITED FIELD. REENLISTMENT BOUNTY FOR ENLISTMENTS IN THE REGULAR ARMY PROPER AFTER HONORABLE DISCHARGE FROM THE PHILIPPINE SCOUTS, WHEN SUCH BOUNTY IS NOT PAYABLE FOR REENLISTMENTS IN THE PHILIPPINE SCOUTS, WOULD ENCOURAGE ENLISTMENTS IN THE REGULAR ARMY TO THE INJURY OF RECRUITING FOR THE PHILIPPINE SCOUTS. THE PROVISION FOR AN ENLISTMENT ALLOWANCE WAS TO SECURE REENLISTMENTS IN THE SERVICE FROM WHICH DISCHARGED, NOT TO BUILD UP ONE SERVICE, BRANCH, OR COMPONENT AT THE EXPENSE OF ANOTHER. 2 COMP. GEN. 162, 163. THAT PROVISION IS NOT, THEREFORE, APPLICABLE TO AN ENLISTMENT IN THE REGULAR ARMY WITHIN THREE MONTHS AFTER HONORABLE DISCHARGE FROM THE PHILIPPINE SCOUTS.

THE ITEM OF $75 REENLISTMENT ALLOWANCE IS NOT AUTHORIZED TO BE PAID. THE ITEM OF PAY, INCLUDING LONGEVITY INCREASE FOR PHILIPPINE SCOUT SERVICE, IF OTHERWISE CORRECT, MAY BE PAID.