A-43918, AUGUST 12, 1932, 12 COMP. GEN. 237

A-43918: Aug 12, 1932

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PROVIDES: ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30. ARMY OFFICERS ARE ENTITLED TO AN INCREASE OF 5 PERCENT OF THEIR BASE PAY FOR EACH 3 YEARS OF SERVICE UP TO 30 YEARS. THE ARMY REGISTER FOR 1932 SHOWS THAT MAJOR HALLA WAS ORIGINALLY APPOINTED IN THE ARMY AS A PAYMASTER'S CLERK JULY 1. WAS THE FIRST DAY OF HIS TWENTY-SECOND YEAR OF SERVICE WHEN UNDER PERMANENT LAW (SUSPENDED DURING THE FISCAL YEAR 1933) HE WOULD HAVE BEEN ENTITLED TO PAY AS AFTER 21 YEARS OF SERVICE.

A-43918, AUGUST 12, 1932, 12 COMP. GEN. 237

ECONOMY ACT - PAY, LONGEVITY - ARMY OFFICER AN OFFICER OF THE ARMY WHO DID NOT COMPLETE THE NUMBER OF YEARS OF SERVICE REQUIRED BY THE 5 PERCENT LONGEVITY INCREASE IN PAY UNDER JUNE 30, 1932, MAY NOT RECEIVE SUCH INCREASE IN COMPENSATION DURING THE FISCAL YEAR 1933.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, UNITED STATES ARMY, AUGUST 12, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 29, 1932, INCLOSING A VOUCHER IN FAVOR OF MAJ. CARL HALLA FOR $12.50, REPRESENTING THE DIFFERENCE BETWEEN PAY OF THE FOURTH PAY PERIOD AFTER 18 YEARS' SERVICE AND AFTER 21 YEARS' SERVICE. THE VOUCHER STATES THAT THE OFFICER COMPLETED 21 YEARS' SERVICE JUNE 30, 1932, AND THAT HE HAS ALREADY BEEN PAID HIS COMPENSATION FOR JULY, 1932, AT THE PROPER RATE FOR 20 YEARS' SERVICE.

SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, PROVIDES:

ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933; BUT THIS SECTION SHALL NOT BE CONSTRUED TO DEPRIVE ANY PERSON OF ANY INCREMENT OF COMPENSATION RECEIVED THROUGH AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932.

UNDER THE PAY ADJUSTMENT ACT OF JUNE 10, 1922, 42 STAT. 626, ARMY OFFICERS ARE ENTITLED TO AN INCREASE OF 5 PERCENT OF THEIR BASE PAY FOR EACH 3 YEARS OF SERVICE UP TO 30 YEARS. THE ARMY REGISTER FOR 1932 SHOWS THAT MAJOR HALLA WAS ORIGINALLY APPOINTED IN THE ARMY AS A PAYMASTER'S CLERK JULY 1, 1911, APPARENTLY ACCEPTING APPOINTMENT AND ENTERING ON DUTY ON THAT DATE AND HAS BEEN CONTINUOUSLY IN THE SERVICE SINCE THAT DATE. THEREFORE COMPLETED 21 YEARS OF SERVICE AT MIDNIGHT JUNE 30, 1932, AND JULY 1, 1932, WAS THE FIRST DAY OF HIS TWENTY-SECOND YEAR OF SERVICE WHEN UNDER PERMANENT LAW (SUSPENDED DURING THE FISCAL YEAR 1933) HE WOULD HAVE BEEN ENTITLED TO PAY AS AFTER 21 YEARS OF SERVICE. HE DID NOT, THEREFORE, RECEIVE AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932, NOR DID HE BECOME ENTITLED TO ANY INCREASE IN COMPENSATION PRIOR TO THAT DATE. ACCORDINGLY, HIS RIGHT TO INCREASE OF PAY FOR AN ADDITIONAL PERIOD OF THREE YEARS' SERVICE IS SUSPENDED BY SECTION 201 OF THE ECONOMY ACT. THE PAYMENT ON THE VOUCHER NOT BEING AUTHORIZED, IT WILL BE RETAINED IN THE FILES OF THIS OFFICE.