A-48029, MARCH 31, 1933, 12 COMP. GEN. 560

A-48029: Mar 31, 1933

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AMENDED - ENLISTED MEN - COMMUTATION OF RATIONS AND SUBSISTENCE - ENLISTMENT ALLOWANCE - PRIZES FOR GUNNERY AND ENGINEERING THE CASH ALLOWANCE TO ENLISTED MEN IN LIEU OF QUARTERS AND RATIONS WHEN NOT FURNISHED IN KIND EXCEPT WHEN TRAVELING IS SUBJECT TO REDUCTION ON AND AFTER APRIL 1. TARGET PRACTICE AND ENGINEERING COMPETITION ARE NOT COMPENSATION AS DEFINED IN THE ACT OF MARCH 20. ARE NOT SUBJECT TO REDUCTION BY THAT ACT. IN THE COMPENSATION OF MILITARY AND NAVAL PERSONNEL IS FOR APPLICATION TO THE MAXIMUM PAY PERMITTED BY SECTIONS 7 AND 8 OF THE ACT OF JUNE 10. ENLISTED MEN OF THE MILITARY AND NAVAL FORCES WILL NOT BE ENTITLED TO AUTOMATIC INCREASE IN PAY FOR ADDITIONAL LONGEVITY CREDITS.

A-48029, MARCH 31, 1933, 12 COMP. GEN. 560

ECONOMY ACT, AMENDED - ENLISTED MEN - COMMUTATION OF RATIONS AND SUBSISTENCE - ENLISTMENT ALLOWANCE - PRIZES FOR GUNNERY AND ENGINEERING THE CASH ALLOWANCE TO ENLISTED MEN IN LIEU OF QUARTERS AND RATIONS WHEN NOT FURNISHED IN KIND EXCEPT WHEN TRAVELING IS SUBJECT TO REDUCTION ON AND AFTER APRIL 1, 1933, BY THE 15 PERCENT PRESCRIBED BY EXECUTIVE ORDER OF MARCH 28, 1933. THE ENLISTMENT ALLOWANCES PAYABLE TO ENLISTED MEN IN CASH UPON REENLISTMENT WITHIN THREE MONTHS AFTER DISCHARGE AND THE CASH PRIZES FOR EXCELLENCE IN GUNNERY, TARGET PRACTICE AND ENGINEERING COMPETITION ARE NOT COMPENSATION AS DEFINED IN THE ACT OF MARCH 20, 1933, 48 STAT. 12, AND ARE NOT SUBJECT TO REDUCTION BY THAT ACT. THE PERCENTAGE REDUCTION REQUIRED BY THE ACT OF MARCH 20, 1933, 48 STAT. 12, IN THE COMPENSATION OF MILITARY AND NAVAL PERSONNEL IS FOR APPLICATION TO THE MAXIMUM PAY PERMITTED BY SECTIONS 7 AND 8 OF THE ACT OF JUNE 10, 1922, OR TO COMMISSIONED WARRANT OFFICERS BY SECTION 2 OF THE ACT OF FEBRUARY 16, 1929. BETWEEN APRIL 1, 1933, AND JULY 1, 1934, ENLISTED MEN OF THE MILITARY AND NAVAL FORCES WILL NOT BE ENTITLED TO AUTOMATIC INCREASE IN PAY FOR ADDITIONAL LONGEVITY CREDITS. ADMINISTRATIVE PROMOTIONS OF ENLISTED PERSONNEL WHEN AUTHORIZED BY LAW AND NOT AUTOMATIC IN CHARACTER ARE NOT PROHIBITED BY THE ECONOMY ACT AS AMENDED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 31, 1933:

THERE HAS BEEN RECEIVED YOUR ENDORSEMENT OF MARCH 21, 1933, REQUESTING A DECISION UPON VARIOUS QUESTIONS PRESENTED IN THE ENCLOSED LETTER OF MARCH 21, 1933, FROM THE CHIEF OF THE BUREAU OF SUPPLIES AND ACCOUNTS. THE QUESTIONS WILL BE QUOTED AND ANSWERED IN ORDER.

1. TITLE II, SECTION 2 OF THE ACT OF MARCH 20, 1933, PROVIDES FOR THE REDUCTION OF COMPENSATION OF EVERY OFFICER OR EMPLOYEE, BEGINNING 1 APRIL, 1933, AT SUCH RATE AS SHALL BE FIXED BY THE PRESIDENT OF THE UNITED STATES. TITLE II, SECTION 1 OF THE ACT DEFINES THE TERM ,COMPENSATION" AS "ANY SALARY, PAY, WAGE, ALLOWANCE (EXCEPT ALLOWANCES FOR TRAVEL), OR OTHER EMOLUMENT PAID FOR SERVICES RENDERED IN ANY CIVILIAN OR NONCIVILIAN OFFICE, POSITION OR EMPLOYMENT * * *.' TITLE SECTION 1 DEFINES THE TERMS "OFFICER" AND "EMPLOYEE" AS "* * * ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA * * *.'

2. SECTION 11 OF THE ACT OF 10 JUNE, 1922, PROVIDES:

"TO EACH ENLISTED MAN NOT FURNISHED QUARTERS OR RATIONS IN KIND THERE SHALL BE GRANTED, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE, THE VALUE OF WHICH SHALL DEPEND ON THE CONDITIONS UNDER WHICH THE DUTY OF THE MAN IS BEING PERFORMED, AND SHALL NOT EXCEED $4 PER DAY.'

THE ALLOWANCES PRESCRIBED FOR QUARTERS AND SUBSISTENCE IN THE CASE OF ENLISTED MEN IN THE NAVY ARE SET FORTH IN ARTICLE D-10102, BUREAU OF NAVIGATION MANUAL. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION, WHETHER SUCH ALLOWANCES ARE REQUIRED TO BE REDUCED BY THE PERCENTAGE RATE FIXED BY THE PRESIDENT BY EXECUTIVE ORDER AS A REDUCTION IN COMPENSATION UNDER THE PROVISIONS OF TITLE II OF THE ACT OF MARCH 20, 1933.

THE CASH ALLOWANCE IN LIEU OF QUARTERS AND RATIONS TO ENLISTED MEN, EXCEPT THE ALLOWANCES PRESCRIBED THEREUNDER FOR ENLISTED MEN TRAVELING,COME WITHIN THE DEFINITION OF COMPENSATION IN SECTION 1 (B), TITLE II OF THE ACT OF MARCH 20, 1933, PUBLIC, NO. 2, 48 STAT. 12, AND WILL BE SUBJECT TO DEDUCTIONS ON AND AFTER APRIL 1, 1933, AND DURING THE FISCAL YEAR 1933 BY 15 PERCENT IN ACCORDANCE WITH EXECUTIVE ORDER OF MARCH 28, 1933.

3. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION, WHETHER THE ACT OF MARCH 20, 1933, REQUIRES ANY REDUCTION IN THE ENLISTMENT ALLOWANCE PAYABLE TO ENLISTED MEN OF THE NAVY ON REENLISTMENT OR EXTENSION OF ENLISTMENT BETWEEN THE PERIOD 1 APRIL, 1933 AND 30 JUNE, 1933, OR FROM AMOUNTS PAID TO ENLISTED MEN AS GUNNERY AND ENGINEERING PRIZES AWARDED IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED IN "ORDERS FOR GUNNERY EXERCISES" AND "RULES FOR ENGINEERING PERFORMANCES" AS SET FORTH IN ARTICLE 2145-5 BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

THE ENLISTMENT ALLOWANCE PURSUANT TO SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, IS PAYABLE IN A LUMP SUM TO ENLISTED MEN UPON REENLISTMENT WITHIN THREE MONTHS AFTER HONORABLE DISCHARGE. IT IS NOT COMPUTED UPON THE RATE OF PAY OF THE ENLISTED MAN AND IS NOT A PAYMENT FOR SERVICES RENDERED BUT IS A BONUS OR GRATUITY FOR REENLISTMENT; IT IS NOT COMPENSATION AS DEFINED IN THE ACT OF MARCH 20, 1933, AND IS NOT SUBJECT TO REDUCTION BY ANY REQUIREMENT IN THAT ACT.

ARTICLE 2145-5, OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, WITH REFERENCE TO PRIZES FOR GUNNERY AND ENGINEERING, DOES NOT SPECIFY THE MANNER IN WHICH SUCH PRIZES ARE COMPUTED BUT REFERS TO OTHER PUBLICATIONS FOR INSTRUCTIONS. IN THE NAVY APPROPRIATION ACT OF 1932, 47 STAT. 430, UNDER THE APPROPRIATION FOR PAY OF NAVAL PERSONNEL, IS FOUND THE FOLLOWING PROVISION:

* * * CASH PRIZES (NOT TO EXCEED $71,500) FOR MEN FOR EXCELLENCE IN GUNNERY, TARGET PRACTICE, AND ENGINEERING COMPETITIONS, * * *

UPON THE PRESUMPTION THAT SUCH PRIZES ARE PAYABLE IN CASH IN LUMP SUMS AND DO NOT CONSTITUTE AN INCREASE IN THE RATE OF PAY OF THE ENLISTED MAN, SUCH PRIZES WILL NOT BE CONSIDERED COMPENSATION AND WILL NOT BE SUBJECT TO REDUCTION UNDER THE AMENDMENT TO THE ECONOMY ACT.

4. SECTIONS 7 AND 8 OF THE ACT OF 10 JUNE, 1922 AND SECTION 2 OF THE ACT OF 16 FEBRUARY, 1929 LIMITS THE TOTAL PAY AND ALLOWANCES WHICH MAY BE RECEIVED BY CERTAIN COMMISSIONED AND COMMISSIONED WARRANT OFFICERS OF THE NAVY. IN DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES OF JULY 14, 1932, A-43204, (12 COMP. GEN. 37) IN CONSTRUING THE ECONOMY ACT OF 30 JUNE, 1932, IT WAS HELD THAT THE ALLOWANCES OF A BRIGADIER GENERAL OF THE ARMY OR OFFICER OF CORRESPONDING RANK WHOSE TOTAL PAY AND ALLOWANCES ARE LIMITED TO $7,500 PER ANNUM WERE TO BE REDUCED BY SUCH AMOUNT WHICH WHEN ADDED TO HIS NORMAL RATE OF PAY WOULD EQUAL $7,500 PER ANNUM.

5. TITLE II, SECTION 3 (B) OF THE ACT OF MARCH 20, 1933, PROVIDES:

"THE PERCENTAGE, IF ANY, BY WHICH THE COST OF LIVING INDEX FOR ANY SIX MONTHS' PERIOD, AS PROVIDED IN PARAGRAPH (A) OF THIS SECTION, IS LOWER THAN SUCH INDEX FOR THE BASE PERIOD, SHALL BE THE PERCENTAGE OF REDUCTION APPLICABLE UNDER SECTION 3 (B) OF THIS TITLE IN DETERMINING COMPENSATION TO BE PAID DURING THE FOLLOWING SIX MONTHS' PERIOD, OR SUCH PORTION THEREOF DURING WHICH THIS TITLE IS IN EFFECT: PROVIDED, THAT SUCH PERCENTAGES OF REDUCTION INCLUDING REDUCTIONS MADE UNDER ANY EXISTING LAW, REGULATION, OR EXECUTIVE ORDER IN THE CASE OF SUBSISTENCE AND RENTAL ALLOWANCES FOR THE SERVICES MENTIONED IN THE ACT OF JUNE 10, 1922, SHALL NOT EXCEED 15 PERCENTUM.'

A DECISION IS REQUESTED WHETHER THE PAY OF A BRIGADIER GENERAL OF THE ARMY OR REAR ADMIRAL OF THE LOWER HALF OF THE NAVY (ASSUMING THE PERCENTAGE OF REDUCTION IS 15 PERCENT) SHOULD BE COMPUTED UNDER (A) OR (B), AS FOLLOWS:

TABLE

(A) PAY----------------------------- --------------$6,000 TWO SUBSISTENCE ALLOWANCES AT ?60 PER DAY----- 438 SIX RENTAL ALLOWANCES AT $20 PER ROOM-- -------- 1,440

------- $7,878.00 LESS 15 PERCENT------------------------------------ --- $1,181.70

PAY AND ALLOWANCES-------------------------------- $6,696.30

(B) PAY--------------------------------------------$6,000 TWO SUBSISTENCE ALLOWANCES AT ?60 PER DAY----- 438 SIX RENTAL ALLOWANCES AT $20 PER ROOM, $1,440 REDUCED BY $378 TO BRING THE TOTAL PAY AND ALLOWANCES TO THE MAXIMUM AUTHORIZED--------------------- $1,062

-------- $7,500 LESS 15 PERCENT------------------------- -------------- $1,125

PAY AND ALLOWANCES-------------------------------- $6,375

UNDER THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 400, THE REDUCTION OF 8 1/3 PERCENT WAS APPLICABLE ONLY TO THE PAY, AND ALLOWANCES FOR SUBSISTENCE, QUARTERS, HEAT AND LIGHT WERE SPECIFICALLY EXCEPTED THEREFROM. IN THE AMENDMENT OF MARCH 20, 1933, HOWEVER, THE COMPENSATION TO BE REDUCED INCLUDES ALL ALLOWANCES EXCEPT TRAVEL ALLOWANCES UNDER THE PROVISO OF SECTION 3 (B) OF THE ACT OF MARCH 20, 1933, THE PERCENTAGE REDUCTION IS NOT FOR APPLICATION TO SUBSISTENCE AND RENTAL ALLOWANCES IF THEY ARE REDUCED BY SOME OTHER STATUTE REGULATION, OR EXECUTIVE ORDER IN AN AMOUNT EQUIVALENT TO OR EXCEEDING 15 PERCENT.

SECTIONS 7 AND 8 OF THE ACT OF JUNE 10, 1922, PROVIDE, IN PART:

SEC. 7. THAT WHEN THE TOTAL OF BASE PAY, PAY FOR LENGTH OF SERVICE, AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AUTHORIZED IN THIS ACT FOR ANY OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, SHALL EXCEED $7,200 A YEAR, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT OF THE EXCESS ABOVE $7,200: * * *

SEC. 8. * * * PROVIDED, THAT WHEN THE TOTAL OF BASE PAY, SUBSISTENCE,AND RENTAL ALLOWANCES EXCEEDS $7,500 FOR OFFICERS SERVING IN THE GRADE OF BRIGADIER GENERAL OF THE ARMY AND OF THE MARINE CORPS, REAR ADMIRAL (LOWER HALF) OF THE NAVY, COMMODORE OF THE NAVY, AND SURGEON GENERAL OF THE PUBLIC HEALTH SERVICE, AND $9,700 FOR THOSE SERVING IN THE GRADE OF MAJOR GENERAL OF THE ARMY AND OF THE MARINE CORPS, AND REAR ADMIRAL (UPPER HALF) OF THE NAVY, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT OF THE EXCESS ABOVE $7,500 OR $9,700, RESPECTIVELY. * * *

SECTION 2 OF THE ACT OF FEBRUARY 16, 1929, PROVIDES:

SEC. 2. THAT SECTION 7 OF SAID ACT IS HEREBY AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD, VOLUME 42, STATUTES AT LARGE, PAGE 629, LINE 4, AND ADDING THE FOLLOWING PROVISO AT THE END OF SAID PARAGRAPH:

"PROVIDED FURTHER, THAT WHEN THE TOTAL BASE PAY, PAY FOR LENGTH OF SERVICE, AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED IN THIS ACT FOR ANY COMMISSIONED WARRANT OFFICER SHALL EXCEED $5,000 A YEAR, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000, AND THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER RECEIVING THE PAY AND ALLOWANCES OF THE SECOND PAY PERIOD SHALL NOT EXCEED $3,158 A YEAR FOR THE FIRST THREE YEARS OF COMMISSIONED SERVICE, $3,258 A YEAR FOR THE NEXT THREE YEARS OF COMMISSIONED SERVICE, $3,358 A YEAR FOR THE NEXT THREE YEARS, AND $3,458 A YEAR FOR FROM NINE TO TEN YEARS' COMMISSIONED SERVICE.'

THE MAXIMUMS THEREIN FIXED ARE THE MAXIMUM RATES OF COMPENSATION, ALTHOUGH COMPOSED IN PART OF THAT PORTION OF THE COMPENSATION OF AN OFFICER DENOMINATED "PAY" AND IN PART OF THAT PORTION OF THE COMPENSATION DENOMINATED "RENTAL AND SUBSISTENCE ALLOWANCES.' IT IS THIS MAXIMUM RATE OF COMPENSATION THAT IS REQUIRED TO BE REDUCED--- NOT THE THEORETICAL COMPENSATION THE OFFICER MIGHT HAVE RECEIVED HAD IT NOT BEEN FOR THE LIMITING LANGUAGE IN THE FOREGOING QUOTED STATUTE. SECTION 3 (B) DEALS WITH THE RENTAL AND SUBSISTENCE ALLOWANCES THAT COULD HAVE BEEN PAID UNDER BASIC LAWS, NOT WITH THE RENTAL AND SUBSISTENCE ALLOWANCES THAT MIGHT HAVE ACCRUED HAD THERE NOT BEEN FIXED A MAXIMUM FOR TOTAL COMPENSATION WHICH REQUIRED A REDUCTION IN THE ALLOWANCES WHICH WOULD OTHERWISE HAVE ACCRUED. THE RENTAL AND SUBSISTENCE ALLOWANCES THAT MIGHT BE PAID UNDER THE LIMITS CONTAINED IN THE STATUTES, ARE NOT, IN SUCH CIRCUMSTANCES, REDUCED BY MORE THAN 15 PERCENT. YOU ARE ACCORDINGLY INFORMED THAT THE PROPER BASIS IS THAT ILLUSTRATED IN EXAMPLE (B).

IN THE CASE OF A COMMISSIONED WARRANT OFFICER OF THE NAVY WITH OVER 6 YEARS' COMMISSIONED SERVICE WITH CREDITABLE RECORD, WHOSE TOTAL PAY AND ALLOWANCES ARE LIMITED TO $3,358 PER ANNUM, SHOULD PAY BE COMPUTED UNDER (A) OR (B) AS FOLLOWS:

(A) PAY--------------------------- ------------ $2,268 SUBSISTENCE ALLOWANCE AT $0.60 PER DAY----- 438 THREE RENTAL ALLOWANCES AT $20 PER ROOM---- 720 $3,426.00 LESS 15 PERCENT----------------------------------- 513.90

TOTAL PAY AND ALLOWANCES--------------------- 2,912.10

(B) PAY--------------------------- ------------ $2,268 SUBSISTENCE ALLOWANCE AT $0.60 PER DAY----- 438 THREE RENTAL ALLOWANCES AT $20 PER ROOM $720, REDUCED BY LIMITATION TO $652-------------- 652 3,358.00 LESS 15 PERCENT----------------- ----------------- 503.70

TOTAL PAY AND ALLOWANCES--------------------- 2,854.30

IN THE ABOVE EXAMPLES RENTAL AND SUBSISTENCE ALLOWANCES ARE ENTERED AT $20 PER ROOM FOR RENTAL ALLOWANCE AND $0.60 SUBSISTENCE ALLOWANCE, AS FIXED BY THE ACT OF 10 JUNE, 1922, WITH 15 PERCENT DEDUCTED THEREFROM, BY REASON OF THE SPECIFIC PROVISIONS IN TITLE II, SECTION 3 (B) OF THE ACT OF MARCH 20, 1933.

THE PERCENTAGE REDUCTION IS TO BE COMPUTED AS IN EXAMPLE (B). SEE ANSWER TO QUESTION 3.

6. SECTION 201 OF THE ECONOMY ACT OF 30 JUNE, 1932, IS CONTINUED IN FULL FORCE AND EFFECT DURING THE FISCAL YEAR ENDING JUNE 30, 1934, UNDER THE PROVISIONS OF THE ACT OF MARCH 20, 1933. THIS SECTION 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.'

IN DECISION OF THE COMPTROLLER GENERAL OF THE UNITED STATES OF JULY 14, 1932, A-42304, (12 COMP. GEN. 37), IT WAS HELD THAT THE TERMS "CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES AS USED IN THIS SECTION DO NOT APPEAR TO HAVE RELATION TO ENLISTED PERSONNEL.' DECISION IS REQUESTED WHETHER THIS RULING IS IN ANY WAY MODIFIED BY THE ACT OF MARCH 20, 1933, THAT IS, WHETHER ENLISTED MEN OF THE NAVY ARE ENTITLED ON AND AFTER JULY 1, 1933, TO INCREASES IN PAY DUE TO PROMOTION OR LENGTH OF SERVICE. IN THE ECONOMY ACT OF JUNE 30, 1932, SECTION 201 WAS UNDER TITLE II, AND WAS NOT, THEREFORE, CONTROLLED BY THE DEFINITION OF OFFICERS AND EMPLOYEES IN SECTION 104 (A) OF THAT ACT. ENLISTED PERSONNEL WERE SPECIFICALLY EXCEPTED FROM THE DEFINITION OF OFFICERS AND EMPLOYEES AND THEIR PAY FROM THE PARAGRAPHS REQUIRING REDUCTION IN COMPENSATION. IN THE AMENDMENT OF MARCH 20, 1933, HOWEVER, THE DEFINITION OF OFFICERS AND EMPLOYEES "WHEN USED IN THIS TITLE" IS FOUND IN SECTION 1 OF TITLE II, AND THE EXCEPTION APPLICABLE TO ENLISTED MEN HAS BEEN ELIMINATED BOTH FROM THE DEFINITION OF OFFICERS AND EMPLOYEES AND FROM THE DEFINITION OF COMPENSATION. SECTION 4 (A) OF THE ACT OF MARCH 20, 1933, WHICH SPECIFICALLY CONTINUES THE PROVISIONS OF SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, IS ALSO FOUND UNDER TITLE II OF THE PRESENT STATUTE. ACCORDINGLY, ON AND AFTER APRIL 1, 1933, AND UNTIL JULY 1, 1934, ENLISTED PERSONNEL WILL NOT BE ENTITLED TO THE BENEFIT OF ANY AUTOMATIC INCREASE OF PAY BY REASON OF LENGTH OF SERVICE. IT IS NOT UNDERSTOOD THAT ENLISTED MEN ARE ENTITLED BY LAW TO ADVANCEMENT OR PROMOTION AUTOMATICALLY, BUT ARE SELECTED FOR ADVANCEMENT BY THEIR SUPERIOR OFFICERS, IN SOME CASES AFTER PASSING AN EXAMINATION, THE SUCCESSFUL CANDIDATES BEING ARRANGED ON AN ELIGIBLE LIST IN ACCORD WITH GRADES MADE IN THE EXAMINATION, ETC., AND ARE THEREAFTER ADVANCED AS VACANCIES OCCUR. ADMINISTRATIVE PROMOTIONS OF ENLISTED PERSONNEL, WHERE AUTHORIZED BY LAW AND NOT AUTOMATIC IN CHARACTER, ARE NOT PROHIBITED BY THE AMENDMENTS OF THE ECONOMY ACT. SECTION 202 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, PROHIBITED ADMINISTRATIVE PROMOTIONS "IN THE CIVIL BRANCH" OF THE GOVERNMENT AND WHILE THIS SECTION WAS NOT CONTINUED IN EITHER THE ACT OF MARCH 3, 1933, OR THE ACT OF MARCH 20, 1933, THE ACT OF MARCH 3, 1933, 48 STAT. 1515, SUBSTITUTED THEREFOR SECTION 7, WHICH LIKEWISE PROHIBITED ADMINISTRATIVE PROMOTIONS ONLY "IN THE CIVIL BRANCH" OF THE GOVERNMENT.