A-54761, APRIL 17, 1934, 13 COMP. GEN. 282

A-54761: Apr 17, 1934

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REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF PRIVATE THOMAS C. IT APPEARS THAT THE SOLDIER'S MEDAL WAS AWARDED TO HOLLICK BY THE SECRETARY OF WAR SEPTEMBER 11. THE QUESTION PRESENTED IS WHETHER HE MAY BE PAID WHILE SO SERVING ADDITIONAL COMPENSATION AT $2 PER MONTH AUTHORIZED BY SECTION 13 OF THE ACT OF JULY 2. UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE THE PRESIDENT IS HEREBY AUTHORIZED TO PRESENT. EACH ENLISTED OR ENROLLED MAN TO WHOM THERE SHALL BE AWARDED THE DISTINGUISHED FLYING CROSS OR THE SOLDIER'S MEDAL SHALL BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE ACT OF HEROISM OR EXTRAORDINARY ACHIEVEMENT ON WHICH THE AWARD IS BASED.

A-54761, APRIL 17, 1934, 13 COMP. GEN. 282

ADDITIONAL PAY - SOLDIER'S MEDAL THE AWARD OF THE SOLDIER'S MEDAL UNDER SECTION 11 OF THE ACT OF JULY 2, 1926, 44 STAT. 789, TO AN ENLISTED MAN OF THE ARMY FOR AN ACT OF HEROISM WHILE SERVING AS AN ENLISTED MEMBER OF THE NATIONAL GUARD ENTITLES HIM UNDER SECTION 13 OF THE ACT TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF ENLISTMENT IN THE ARMY.

COMPTROLLER GENERAL MCCARL TO CAPT. J. H. DOHERTY, UNITED STATES ARMY, APRIL 17, 1934:

THERE HAS BEEN RECEIVED BY INDORSEMENT FROM THE CHIEF OF FINANCE DATED APRIL 3, 1934, YOUR LETTER OF MARCH 15, 1934, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF PRIVATE THOMAS C. HOLLICK, EIGHTH PURSUIT GROUP HEADQUARTERS, UNITED STATES ARMY, FOR ADDITIONAL PAY AS THE HOLDER OF A SOLDIER'S MEDAL AWARDED HIM UNDER THE PROVISIONS OF THE ACT OF JULY 2, 1926 (44 STAT. 789).

IT APPEARS THAT THE SOLDIER'S MEDAL WAS AWARDED TO HOLLICK BY THE SECRETARY OF WAR SEPTEMBER 11, 1933, BY DIRECTION OF THE PRESIDENT FOR HIS ACT OF HEROISM APRIL 9, 1933, WHILE A MEMBER OF TROOP B, ONE HUNDRED AND FOURTH CAVALRY, PENNSYLVANIA NATIONAL GUARD, AND THE RECIPIENT HAVING ENLISTED IN THE UNITED STATES ARMY AUGUST 29, 1933, THE QUESTION PRESENTED IS WHETHER HE MAY BE PAID WHILE SO SERVING ADDITIONAL COMPENSATION AT $2 PER MONTH AUTHORIZED BY SECTION 13 OF THE ACT OF JULY 2, 1926.

THE ACT OF JULY 2, 1926 (44 STAT. 789), PROVIDES:

SEC. 11. UNDER SUCH RULES AND REGULATIONS AS HE MAY PRESCRIBE THE PRESIDENT IS HEREBY AUTHORIZED TO PRESENT, BUT NOT IN THE NAME OF CONGRESS, A MEDAL TO BE KNOWN AS THE "SOLDIER'S MEDAL," OF APPROPRIATE DESIGN, WITH ACCOMPANYING RIBBON, TO ANY PERSON WHO, WHILE SERVING IN ANY CAPACITY WITH THE ARMY OF THE UNITED STATES, INCLUDING THE NATIONAL GUARD AND ORGANIZED RESERVES, SHALL HEREAFTER DISTINGUISH HIMSELF, OR HERSELF, BY HEROISM NOT INVOLVING ACTUAL CONFLICT WITH AN ENEMY.

NO MORE THAN ONE SOLDIER'S MEDAL SHALL BE ISSUED TO ANY ONE PERSON; BUT FOR EACH SUCCEEDING DEED OR ACT SUFFICIENT TO JUSTIFY THE AWARD OF THE SOLDIER'S MEDAL THE PRESIDENT MAY AWARD A SUITABLE BAR, OR OTHER SUITABLE DEVICE, TO BE WORK AS HE SHALL DIRECT.

SEC. 13. EACH ENLISTED OR ENROLLED MAN TO WHOM THERE SHALL BE AWARDED THE DISTINGUISHED FLYING CROSS OR THE SOLDIER'S MEDAL SHALL BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE ACT OF HEROISM OR EXTRAORDINARY ACHIEVEMENT ON WHICH THE AWARD IS BASED, AND EACH BAR, OR OTHER SUITABLE DEVICE, IN LIEU OF THE DISTINGUISHED FLYING CROSS OR THE SOLDIER'S MEDAL, AS HEREINBEFORE PROVIDED FOR, SHALL ENTITLE HIM TO FURTHER ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE ACT OF HEROISM OR EXTRAORDINARY ACHIEVEMENT FOR WHICH THE BAR OR OTHER DEVICE IS AWARDED, AND SAID ADDITIONAL PAY SHALL CONTINUE THROUGHOUT HIS ACTIVE SERVICE, WHETHER SUCH SERVICE SHALL OR SHALL NOT BE CONTINUOUS.

THE LANGUAGE USED IN SECTION 11 OF THE ACT OF JULY 2, 1926, AUTHORIZED UNDER SUCH RULES AND REGULATIONS AS THE PRESIDENT MAY PRESCRIBE AN AWARD OF THE SOLDIER'S MEDAL "TO ANY PERSON WHO WHILE SERVING IN ANY CAPACITY WITH THE ARMY OF THE UNITED STATES, INCLUDING THE NATIONAL GUARD AND THE ORGANIZED RESERVES" SHALL HEREAFTER DISTINGUISH HIMSELF OR HERSELF BY HEROISM NOT INVOLVING ACTUAL CONFLICT WITH AN ENEMY.

THE LANGUAGE OF SECTION 11 AS A WHOLE SHOWS CLEARLY THAT THE CONGRESS INTENDED TO INCLUDE MEMBERS OF THE NATIONAL GUARD WHEN NOT A PART OF THE ARMY OF THE UNITED STATES AS ELIGIBLE FOR THE SOLDIER'S MEDAL, AND THIS IS SUPPORTED BY THE ADMINISTRATIVE INTERPRETATION OF SECTION 11 AS CONTAINED IN REGULATIONS MADE PURSUANT TO AND FOR THE PURPOSE OF CARRYING THE TERMS OF THE ACT INTO EFFECT, A.R. 600-45, PARAGRAPH 12, DATED AUGUST 8, 1932, PROVIDING:

SOLDIER'S MEDAL, TO WHOM AWARDED.--- A. THE SOLDIER'S MEDAL WILL BE AWARDED TO THE FOLLOWING PERSONS WHO, SUBSEQUENT TO JULY 2, 1926, DISTINGUISHED THEMSELVES BY HEROISM NOT INVOLVING ACTUAL CONFLICT WITH AN ENEMY:

(1) ALL MEMBERS OF THE ARMY OF THE UNITED STATES.

(2) ALL MEMBERS OF THE NATIONAL GUARD NOT IN THE FEDERAL SERVICE AND OF THE ORGANIZED RESERVES, INCLUDING THE OFFICERS' RESERVE CORPS AND THE ENLISTED RESERVE CORPS, NOT ON ACTIVE DUTY, UNDER CIRCUMSTANCES DIRECTLY RELATED TO THEIR ATTENDANCE ON OCCASIONS OF MILITARY DUTY.

SEE, ALSO, EXECUTIVE ORDER NO. 4576, DATED JANUARY 28, 1927, AND EXECUTIVE ORDER NO. 4601, DATED MARCH 1, 1927.

THE AWARD OF THE SOLDIER'S MEDAL IN THIS CASE APPEARS TO HAVE BEEN MADE FOR A CONSPICUOUS ACT APRIL 9, 1933, WHILE THE CLAIMANT WAS A MEMBER OF THE NATIONAL GUARD NOT IN FEDERAL SERVICE. HE IS ACCORDINGLY ENTITLED UNDER SECTION 13 OF THE ACT OF JULY 2, 1926, TO ADDITIONAL COMPENSATION AT THE RATE OF $2 PER MONTH FROM THE DATE OF HIS ENLISTMENT IN THE ARMY AUGUST 29, 1933, AND PAYMENT OF THE VOUCHER, IF OTHERWISE CORRECT, IS ACCORDINGLY AUTHORIZED.