A-56806, AUGUST 9, 1934, 14 COMP. GEN. 111

A-56806: Aug 9, 1934

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHEREIN IT WAS HELD IN EFFECT THAT A MAN WHO REENLISTED DURING THE PERIOD APRIL 1. IS ENTITLED TO PAY COMPUTED ON THE BASIS OF PRIOR CREDITABLE SERVICE. IRRESPECTIVE OF WHEN SUCH SERVICE MAY HAVE BEEN RENDERED. CREDIT FOR THIS INCREASED LONGEVITY PAY WAS DENIED BY THE ASSISTANT PAYMASTER OF THE MARINE CORPS. THAT SUCH TIME LOST WAS NOT COMPLETELY MADE GOOD BY HIS RETENTION IN THE SERVICE FROM JULY 13. THE ACTION OF THE DISBURSING OFFICER IN THIS CASE WAS BASED UPON THE DECISION OF THE COMPTROLLER GENERAL AS CONTAINED IN REFERENCE (A). 2. AN ADMINISTRATIVE REPORT WAS RENDERED TO THE GENERAL ACCOUNTING OFFICE BY THE MAJOR GENERAL COMMANDANT. WHEREIN IT WAS SUBMITTED THAT IN VIEW OF THE FACT THAT WILLIAMS HAD MADE GOOD THE EXACT NUMBER OF DAYS HE HAD LOST UNDER NAVY DEPARTMENT GENERAL ORDER NO. 155.

A-56806, AUGUST 9, 1934, 14 COMP. GEN. 111

LONGEVITY - ENLISTED MEN OF THE MARINE CORPS IN THE COMPUTATION OF LONGEVITY PAY OF ENLISTED MEN OF THE MARINE CORPS TIME MADE GOOD IN EXCESS OF ONE DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM A MAN'S OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT UNDER THE ACT OF APRIL 27, 1914, 38 STAT. 353, AS AMENDED, AND TIME MADE GOOD BY AN ENLISTED MAN AT HIS OWN REQUEST UNDER PROVISIONS OF THE ACT OF MAY 21, 1928, 45 STAT. 620, SHOULD BE COMPUTED DAY BY DAY, INCLUDING THE 31ST DAY OF THE MONTH.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 9, 1934:

THERE HAS BEEN RECEIVED YOUR SECOND INDORSEMENT OF JULY 23, 1934, REQUESTING DECISION ON THE QUESTION PRESENTED IN BASIC LETTER FROM THE PAYMASTER, UNITED STATES MARINE CORPS, AS FOLLOWS:

SUBJECT: REQUEST FOR DECISION AS TO PROPER METHOD OF MAKING GOOD TIME

LOST BY ENLISTED MEN OF THE MARINE CORPS.

REFERENCES: (A) DEC. OF COMP. GEN. A-20756, DATED JAN. 18, 1928.

(B) SETTLEMENT BY THE G.A.O., CL.DIV., IN THE CASE OF

STAFF SERGEANT ROBERT L. WILLIAMS, U.S.M.C., DATED

APRIL 11, 1934, CLAIM NO. 0444743.

(C) SETTLEMENT BY THE G.A.O. IN THE CASE OF STAFF SERGEANT

ROBERT L. WILLIAMS, U.S.M.C., DATED JUNE 20, 1934,

CLAIM NO. 0444743.

1.ON MARCH 1, 1934, STAFF SERGEANT ROBERT L. WILLIAMS, U.S. MARINE CORPS, SUBMITTED CLAIM ON THE GENERAL ACCOUNTING OFFICE, CLAIMS DIVISION, FOR ARREARS OF LONGEVITY PAY UNDER THE DECISION OF THE COMPTROLLER GENERAL A- 53717, DATED FEBRUARY 13, 1934, WHEREIN IT WAS HELD IN EFFECT THAT A MAN WHO REENLISTED DURING THE PERIOD APRIL 1, 1933, TO JUNE 30, 1934, IS ENTITLED TO PAY COMPUTED ON THE BASIS OF PRIOR CREDITABLE SERVICE, IRRESPECTIVE OF WHEN SUCH SERVICE MAY HAVE BEEN RENDERED. CREDIT FOR THIS INCREASED LONGEVITY PAY WAS DENIED BY THE ASSISTANT PAYMASTER OF THE MARINE CORPS, CARRYING THE CURRENT ACCOUNT OF WILLIAMS, ON THE THEORY THAT DURING HIS ENLISTMENT FROM JULY 13, 1925, TO AUGUST 9, 1929, HE HAD LOST TIME UNDER NAVY DEPARTMENT GENERAL ORDER NO. 155 FOR THE PERIOD FEBRUARY 1 TO 28, 1926, AND THAT SUCH TIME LOST WAS NOT COMPLETELY MADE GOOD BY HIS RETENTION IN THE SERVICE FROM JULY 13, 1929, TO AUGUST 9, 1929, INCLUSIVE. THE ACTION OF THE DISBURSING OFFICER IN THIS CASE WAS BASED UPON THE DECISION OF THE COMPTROLLER GENERAL AS CONTAINED IN REFERENCE (A).

2. IN CONNECTION WITH THE CLAIM OF WILLIAMS, AN ADMINISTRATIVE REPORT WAS RENDERED TO THE GENERAL ACCOUNTING OFFICE BY THE MAJOR GENERAL COMMANDANT, U.S. MARINE CORPS, UNDER DATE OF MARCH 18, 1934, WHEREIN IT WAS SUBMITTED THAT IN VIEW OF THE FACT THAT WILLIAMS HAD MADE GOOD THE EXACT NUMBER OF DAYS HE HAD LOST UNDER NAVY DEPARTMENT GENERAL ORDER NO. 155, HE HAD COMPLETED FOUR FULL YEARS OF ACTUAL SERVICE DURING THAT ENLISTMENT AND WAS ACCORDINGLY ENTITLED TO COUNT THAT PERIOD OF ENLISTMENT FOR PURPOSES OF LONGEVITY PAY.

3. UNDER DATE OF APRIL 11, 1934, AS INDICATED BY THE RECORDS OF THIS OFFICE (REFERENCE (B) (, THE CLAIM OF WILLIAMS WAS DISALLOWED BY THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE, THE DISALLOWANCE PRESUMABLY BEING BASED UPON THE DECISION OF THE COMPTROLLER GENERAL OF JANUARY 18, 1928 (REFERENCE (A) ).

4. THIS OFFICE HAS SINCE RECEIVED A COPY OF A LATER SETTLEMENT MADE WITH WILLIAMS DATED JUNE 20, 1934, CLAIM NO. 0444743, WHEREIN HIS CLAIM WAS ACTED UPON FAVORABLY AND HE WAS ALLOWED ARREARS OF LONGEVITY PAY IN THE SUM OF $20.68 COVERING THE PERIOD AUGUST 10, 1933, TO FEBRUARY 28, 1934, LESS DEDUCTIONS REQUIRED BY THE ECONOMY ACTS. THIS FAVORABLE CLAIM SETTLEMENT FOLLOWING THE DISALLOWANCE OF APRIL 11, 1934, WOULD INDICATE THAT WILLIAMS HAD APPEALED THE EARLIER SETTLEMENT TO THE COMPTROLLER GENERAL OF THE UNITED STATES AND THAT THE COMPTROLLER GENERAL, AFTER REVIEW OF THE ENTIRE QUESTION, HAD DECIDED THAT WILLIAMS WAS ENTITLED TO COUNT HIS ENLISTMENT FROM JULY 13, 1925, TO AUGUST 9, 1929, INCLUSIVE, AS A FULL FOUR-YEAR PERIOD OF SERVICE.

5. IN VIEW OF THE ACTION OF THE GENERAL ACCOUNTING OFFICE, AS SHOWN BY THE SETTLEMENT OF JUNE 20, 1934, IN THE CASE OF WILLIAMS, IT IS RECOMMENDED THAT THE FOLLOWING QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION.

"FOR THE PURPOSE OF COMPUTING LONGEVITY PAY OF ENLISTED MEN, IN ASCERTAINING TIME TO BE MADE GOOD IN EXCESS OF ONE DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM A MAN'S OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT, OR IN ASCERTAINING TIME MADE GOOD BY THE ENLISTED MAN AT HIS OWN REQUEST UNDER THE PROVISIONS OF THE ACT OF MAY 21, 1928 (45 STAT. 620), SHOULD SUCH LOST TIME BE COMPUTED DAY FOR DAY, INCLUDING, WHETHER IN THE TIME LOST OR THE TIME MADE GOOD, THE 31ST OF THE MONTH?

IT WAS STATED IN SAID DECISION OF JAN. 18, 1928, A-20756---

THE LANGUAGE AND PURPOSE OF THE ACT OF JULY 1, 1918, 40 STAT. 717, REQUIRING ENLISTED MEN OF THE NAVY AND MARINE CORPS TO MAKE GOOD TIME LOST ON ACCOUNT OF INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT IS IDENTICAL WITH PROVISION IN THE ACT OF APRIL 27, 1914, 38 STAT. 353, ALSO EMBODIED IN THE 107TH ARTICLE OF WAR, 41 STAT. 809, REQUIRING ENLISTED MEN OF THE ARMY TO MAKE GOOD TIME LOST ON ACCOUNT OF INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT BEFORE THEIR ENLISTMENT SHALL BE REGARDED AS COMPLETE. THE TIME SO LOST UNDER THESE STATUTES IS MADE GOOD WHEN THE ENLISTED MAN SERVES AFTER THE ORIGINAL DATE OF EXPIRATION OF HIS ENLISTMENT A TIME EQUIVALENT TO THE TIME SO LOST. IT IS SERVICE THAT IS REQUIRED TO BE MADE GOOD AND THE UNIT OF SUCH SERVICE, AS INDICATED IN THE LAW, IS A DAY. SERVICE ON THE 31ST DAY OF A MONTH IS AS MUCH A DAY OF SERVICE AS ANY OTHER DAY OF A MONTH. THE REQUIREMENT OF THE LAW IS THAT THE EQUIVALENT OF ACTUAL TIME LOST MEASURED IN UNITS OF DAYS MUST BE MADE GOOD. DECISION A-13681, JUNE 11, 1926, 58 MS. COMP. GEN. 506; A 14750, JULY 1, 1926, 59 ID. 33.

A MAN ABSENT WITHOUT AUTHORITY OR IN A NONPAY STATUS AS DEFINED IN THE STATUTES IS NOT SERVING WITHIN THE MEANING OF THE PROVISIONS IN SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, AUTHORIZING AN "INCREASE OF 5 PERCENTUM ON THEIR BASE PAY FOR EACH FOUR YEARS OF SERVICE," BUT WHEN TIME LOST IN AN ENLISTMENT UNDER EITHER THE ACT OF 1918 OR 1928 IS MADE GOOD DAY BY DAY THE MAN IS ENTITLED TO INCREASED PAY FOR LENGTH OF SERVICE FOR THE ENLISTMENT, SO COMPLETED, AS IF NO TIME HAD BEEN LOST. SEE ARTICLE 25 -44 (3) AND (4), MARINE CORPS MANUAL.

ACCORDINGLY, YOU ARE ADVISED THAT FOR THE PURPOSE OF COMPUTING LONGEVITY PAY OF ENLISTED MEN OF THE MARINE CORPS IN ASCERTAINING TIME TO BE MADE GOOD IN EXCESS OF ONE DAY LOST ON ACCOUNT OF INJURY, SICKNESS, OR DISEASE RESULTING FROM A MAN'S OWN INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR OTHER MISCONDUCT, OR IN ASCERTAINING TIME MADE GOOD BY AN ENLISTED MAN OF THE MARINE CORPS AT HIS OWN REQUEST UNDER PROVISIONS OF THE ACT OF MAY 21, 1928, 45 STAT. 620, THE TIME SHOULD BE COMPUTED DAY BY DAY, INCLUDING, WHETHER IN THE TIME LOST OR THE TIME MADE GOOD, THE 31ST DAY OF THE MONTH.