A-59066, DECEMBER 12, 1934, 14 COMP. GEN. 456

A-59066: Dec 12, 1934

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IS ENTITLED ONLY TO THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE GRADE FROM WHICH PROMOTED (SECOND LIEUTENANT) UNTIL HE ATTAINS NUMBER 224 ON THE LINEAL LIST OF FIRST LIEUTENANTS. ARE NOT ENTITLED TO THE INCREASED PAY AND ALLOWANCE OF THE SECOND PAY PERIOD UNTIL THEY REACH NUMBER 224 ON THE FIRST LIEUTENANTS. WAS PASSED BY CONGRESS. DISCHARGED IN LIKE MANNER AND WITH THE SAME RELATIVE CONDITIONS IN ALL RESPECTS AS ARE PROVIDED FOR COMMISSIONED OFFICERS OF THE LINE OF THE NAVY. ITS IMMEDIATE EFFECT WAS TO AUTHORIZE PROMOTION OF A LARGE NUMBER OF OFFICERS WHO UNDER PRIOR LAWS WOULD NOT HAVE BEEN PROMOTED SO SOON. THE PURPOSE OF SECTION 16 IS TO INSURE THAT THE RESULTING EARLIER PROMOTIONS SHALL NOT INVOLVE ADDITIONAL COST TO THE GOVERNMENT OVER WHAT WOULD HAVE OBTAINED UNDER PRIOR LAWS.

A-59066, DECEMBER 12, 1934, 14 COMP. GEN. 456

PAY - PROMOTION - COMMISSIONED OFFICERS, MARINE CORPS UNDER THE ACT OF MAY 29, 1934, 48 STAT. 811, A SECOND LIEUTENANT OF THE MARINE CORPS ADVANCED TO FIRST LIEUTENANT ON NOVEMBER 13, 1934, TO RANK FROM MAY 29, 1934, IS ENTITLED ONLY TO THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THE GRADE FROM WHICH PROMOTED (SECOND LIEUTENANT) UNTIL HE ATTAINS NUMBER 224 ON THE LINEAL LIST OF FIRST LIEUTENANTS.

COMPTROLLER GENERAL MCCARL TO ENSIGN D. C. T. GRUBBS, UNITED STATES NAVY, DECEMBER 12, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 26, 1934, REQUESTING DECISION AS FOLLOWS:

SUBJECT: INCREASED PAY AND ALLOWANCES OF FIRST LIEUTENANT THOMAS B. HUGHES. U.S.M.C.

1. ON NOVEMBER 21, 1934, SUBJECT OFFICER EXECUTED OATH OF ACCEPTANCE OF APPOINTMENT AS A FIRST LIEUTENANT IN THE MARINE CORPS OF THE UNITED STATES, DATED NOVEMBER 13, 1934, WITH RANK FROM MAY 29, 1934, TRANSMITTED BY LETTER OF THE MAJOR GENERAL COMMANDANT, DATED NOVEMBER 14, 1934.

2. IN ACCORDANCE WITH JOINT-SERVICE PAY ACT OF JUNE 10, 1922, AND ACT OF MARCH 20, 1933, AS AMENDED BY THE ACT OF MARCH 28, 1934, SUBJECT MAN SHOULD BE CREDITED WITH THE PAY ALLOWANCE OF THE SECOND PAY PERIOD FROM JULY 1934.

3.HOWEVER, I UNDERSTAND THAT SECOND LIEUTENANTS OF THE MARINE CORPS PROMOTED TO FIRST LIEUTENANTS UNDER THE MARINE CORPS PROMOTION BILL OF MAY 29, 1934, ARE NOT ENTITLED TO THE INCREASED PAY AND ALLOWANCE OF THE SECOND PAY PERIOD UNTIL THEY REACH NUMBER 224 ON THE FIRST LIEUTENANTS, U.S.M.C., LIST.

4. AFTER THE MARINE CORPS BILL OF MAY 29, 1934, A BILL, PROVIDING FOR THE PROMOTION OF OFFICERS IN THE NAVY, BY SELECTION FROM THE GRADE OF COMMANDER, WAS PASSED BY CONGRESS. THIS BILL ALSO MADE A MENTION OF ALL NAVY LAWS BEING APPLICABLE TO THE MARINE CORPS.

5. DUE TO INADEQUATE INFORMATION AT HAND OF THESE VARIOUS LAWS I AM UNABLE TO DETERMINE WHETHER OR NOT I AM AUTHORIZED TO CREDIT FIRST LIEUTENANT THOMAS B. HUGHES, U.S.M.C., WITH PAY AND ALLOWANCES OF THE SECOND PAY PERIOD FROM JULY 1, 1934, AND RESPECTFULLY REQUEST A DECISION ON THIS SUBJECT.

THE ACT OF MAY 29, 1934, 48 STAT. 811, PROVIDES:

(SEC. 1.) THAT HEREAFTER COMMISSIONED OFFICERS OF THE MARINE CORPS SHALL BE DISTRIBUTED IN GRADES, PROMOTED, RETIRED, AND DISCHARGED IN LIKE MANNER AND WITH THE SAME RELATIVE CONDITIONS IN ALL RESPECTS AS ARE PROVIDED FOR COMMISSIONED OFFICERS OF THE LINE OF THE NAVY, BY EXISTING LAW, OR BY LAWS HEREAFTER ENACTED, EXCEPT AS MAY BE NECESSARY TO ADAPT THE SAID PROVISIONS TO THE MARINE CORPS, OR AS HEREIN OTHERWISE PROVIDED.

SEC. 16. THAT OFFICERS OF THE MARINE CORPS IN THE RANKS OR GRADES OF LIEUTENANT COLONEL AND MAJOR SHALL NOT BE RETIRED BECAUSE OF NOT BEING ON A PROMOTION LIST OR ON AN ELIGIBLE LIST FOR APPOINTMENT AS HEAD OF STAFF DEPARTMENT, AND SHALL BE ELIGIBLE FOR CONSIDERATION FOR PROMOTION BY SELECTION BOARDS WITHOUT REGARD TO COMPLETION OF TWENTY EIGHT AND TWENTY- ONE YEARS' COMMISSIONED SERVICE, RESPECTIVELY. UPON PROMOTION OR ADVANCEMENT AFTER THE APPROVAL OF THIS ACT, WITH THE EXCEPTION OF THE MAJOR GENERAL COMMANDANT, HEADS OF STAFF DEPARTMENTS WITH THE RANK OF BRIGADIER GENERAL, AN OFFICER OF THE MARINE CORPS WHO MAY BE APPOINTED AS JUDGE ADVOCATE GENERAL OF THE NAVY, AND COMMISSIONED WARRANT OFFICERS, WHICH OFFICERS SHALL RECEIVE THE PAY AND ALLOWANCES PROVIDED BY LAW FOR THEIR RANK, COMMISSIONED OFFICERS OF THE MARINE CORPS SHALL RECEIVE THE PAY AND ALLOWANCES OF THE GRADE OR RANK FROM WHICH PROMOTED OR ADVANCED: PROVIDED, THAT OFFICERS IN THE GRADES OR RANKS STATED SHALL RECEIVE THE PAY AND ALLOWANCES OF THE GRADES OR RANKS IN WHICH SERVING UPON ATTAINING THE NUMBER ON THE LINEAL LISTS OF SUCH GRADES OR RANKS, AS FOLLOWS: MAJOR GENERAL, TWO (EXCLUDING THE MAJOR GENERAL COMMANDANT); BRIGADIER GENERAL, SIX; COLONEL, THIRTY-FIVE (COMMON LIST); LIEUTENANT COLONEL, THIRTY-EIGHT (COMMON LIST); MAJOR, EIGHTY; CAPTAIN, TWO HUNDRED AND FIFTY-SIX; FIRST LIEUTENANT, TWO HUNDRED AND TWENTY-FOUR.

THIS ACT MODIFIED THE LAWS GOVERNING DISTRIBUTION, PROMOTION, RETIREMENT, AND DISCHARGE OF COMMISSIONED OFFICERS OF THE MARINE CORPS. ITS IMMEDIATE EFFECT WAS TO AUTHORIZE PROMOTION OF A LARGE NUMBER OF OFFICERS WHO UNDER PRIOR LAWS WOULD NOT HAVE BEEN PROMOTED SO SOON. THE PURPOSE OF SECTION 16 IS TO INSURE THAT THE RESULTING EARLIER PROMOTIONS SHALL NOT INVOLVE ADDITIONAL COST TO THE GOVERNMENT OVER WHAT WOULD HAVE OBTAINED UNDER PRIOR LAWS. THIS IS ACCOMPLISHED BY THE PROVISION THAT:

* * * UPON PROMOTION OR ADVANCEMENT AFTER APPROVAL OF THIS ACT, * * * COMMISSIONED OFFICERS OF THE MARINE CORPS SHALL RECEIVE THE PAY AND ALLOWANCES OF THE GRADE OR RANK FROM WHICH PROMOTED OR ADVANCED: PROVIDED, THAT OFFICERS IN THE GRADES OR RANKS STATED SHALL RECEIVE THE PAY AND ALLOWANCES OF THE GRADES OR RANKS IN WHICH SERVING UPON ATTAINING THE NUMBER ON THE LINEAL LISTS OF SUCH GRADES OR RANKS, AS FOLLOWS: MAJOR GENERAL, TWO (EXCLUDING THE MAJOR GENERAL COMMANDANT); BRIGADIER GENERAL, SIX; COLONEL, THIRTY-FIVE (COMMON LIST); LIEUTENANT COLONEL, THIRTY-EIGHT (COMMON LIST); MAJOR, EIGHTY; CAPTAIN, TWO HUNDRED AND FIFTY-SIX; FIRST LIEUTENANT, TWO HUNDRED AND TWENTY-FOUR.

IF, AS INDICATED IN THE SUBMISSION, THOMAS B. HUGHES WAS PROMOTED FROM SECOND LIEUTENANT TO FIRST LIEUTENANT IN THE MARINE CORPS UNDER DATE OF NOVEMBER 13, 1934, TO RANK FROM MAY 29, 1934, UNDER SECTION 16 OF THE ACT, HE IS ENTITLED ONLY TO PAY AND ALLOWANCES PROVIDED BY LAW FOR THE GRADE FROM WHICH PROMOTED (SECOND LIEUTENANT) UNTIL HE ATTAINS NUMBER 224 ON THE LINEAL LIST OF FIRST LIEUTENANTS. AT SUCH TIME AS HE ATTAINS THAT NUMBER HE WILL BE ENTITLED TO THE PAY AND ALLOWANCES OF A FIRST LIEUTENANT IN THE MARINE CORPS.

THE SUGGESTION CONTAINED IN THE FOURTH PARAGRAPH OF YOUR LETTER IS WITHOUT FOUNDATION. THE EQUALIZATION TO WHICH YOUR REFER IN THAT PARAGRAPH IS ESTABLISHED BY SECTION 1 OF THE MARINE CORPS PROMOTION ACT QUOTED ABOVE. THIS ACT, PUBLIC, NO. 263, WAS APPROVED MAY 29, 1934, AND CONSTITUTES CHAPTER 367 OF THE PUBLIC LAWS PASSED AT THE SECOND SESSION OF THE SEVENTY-THIRD CONGRESS. AN ACT OF THE SAME DATE, MAY 29, 1934, 48 STAT. 815, PUBLIC, NO. 264, CHAPTER 368 OF THE PUBLIC LAWS PASSED AT THE SECOND SESSION OF THE SEVENTY-THIRD CONGRESS, PROVIDES FOR PROMOTION BY SELECTION IN LINE OF THE NAVY IN THE GRADES OF LIEUTENANT COMMANDER AND LIEUTENANT, BUT IT CONTAINS NO REFERENCE WHATSOEVER TO THE MARINE CORPS. PROVISIONS OF THAT ACT, HOWEVER, ARE EXTENDED TO THE MARINE CORPS BY SECTION 1 OF THE MARINE CORPS PROMOTION ACT QUOTED ABOVE, AND WITH THE LIMITATIONS CONTAINED IN SECTION 1, AND THE OTHER PROVISIONS OF THE ACT.