A-59290, FEBRUARY 7, 1935, 14 COMP. GEN. 603

A-59290: Feb 7, 1935

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PROVIDES FOR PAYMENT TO OFFICERS AND ENLISTED MEN FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES AT A MAXIMUM YEARLY OR MONTHLY BASIS WHICH ACCRUES FROM DAY TO DAY WHILE SUCH PERSONNEL ARE IN AN APPROPRIATE DUTY STATUS AND WHILE IT IS COMPETENT FOR THE SECRETARY OF THE NAVY TO PRESCRIBE DRILLS OR EQUIVALENT PERIODS OF DUTY OR INSTRUCTION AS APPROPRIATE DUTY. HE WAS PAID THE SUM OF $16.67. CREDIT FOR $3.55 OF THE AMOUNT SO PAID WAS WITHHELD IN THE ACCOUNTS OF THE DISBURSING OFFICER FOR REASONS STATED AS FOLLOWS: OFFICER WAS ON ACTIVE DUTY FOR TRAINING AUG. 12. WAS TO FIX THE MONTHLY RATE OF PAY AT ONE HALF OF THE MAXIMUM RATE AUTHORIZED BY SEC. 21 OF THE ACT OF FEB. 28. CREDIT FOR $3.57 WAS WITHHELD IN THE ACCOUNTS OF THE DISBURSING OFFICER FOR SUBSTANTIALLY THE SAME REASONS.

A-59290, FEBRUARY 7, 1935, 14 COMP. GEN. 603

FLEET NAVAL RESERVE - PAY FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES - ACT OF FEBRUARY 28, 1925 - METHOD OF COMPUTING THE SECOND PARAGRAPH OF SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, 1086, PROVIDES FOR PAYMENT TO OFFICERS AND ENLISTED MEN FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES AT A MAXIMUM YEARLY OR MONTHLY BASIS WHICH ACCRUES FROM DAY TO DAY WHILE SUCH PERSONNEL ARE IN AN APPROPRIATE DUTY STATUS AND WHILE IT IS COMPETENT FOR THE SECRETARY OF THE NAVY TO PRESCRIBE DRILLS OR EQUIVALENT PERIODS OF DUTY OR INSTRUCTION AS APPROPRIATE DUTY, A RATE OF PAY PER DRILL OR UNIT OF SERVICE MAY NOT BE FIXED IN LIEU OF THE STATUTORY YEARLY OR MONTHLY RATE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 7, 1935:

THERE HAS BEEN RECEIVED BY YOUR THIRD INDORSEMENT OF NOVEMBER 27, 1934, WITH RELATED CORRESPONDENCE, REQUEST DATED NOVEMBER 2, 1934, OF THE OFFICER SETTLING THE ACCOUNTS OF LIEUT. COMDR. L. A. PUCKETT (SC), UNITED STATES NAVY, FOR REVIEW OF THE AUDIT ACTION SUSPENDING, IN PART, CREDIT OF THE AMOUNTS PAID TO ENSIGN ROY LEONARD AKER, SC-F, AND CHIEF PHARMACIST'S MATE JAMES OSCAR AITKEN, REPRESENTING PAY FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES AS MEMBERS OF THE FLEET NAVAL RESERVE NOT ATTACHED TO A DIVISION THEREOF UNDER THE PROVISIONS OF SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, 1086.

ACCORDING TO THE VOUCHERS, ENSIGN AKER SATISFACTORILY PERFORMED APPROPRIATE DUTIES UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY DURING THE PERIODS AUGUST 1 TO AUGUST 11, 1933, AND AUGUST 27 TO SEPTEMBER 30, 1933, THE OFFICER HAVING PERFORMED ACTIVE DUTY FOR TRAINING WITH PAY FROM AUGUST 12 TO AUGUST 26, 1933, INCLUSIVE. FOR THE TWO MONTHS' PERIOD, AUGUST 1 TO SEPTEMBER 30, HE WAS PAID THE SUM OF $16.67, LESS 15 PERCENT DEDUCTION UNDER THE ACT OF MARCH 20, 1933, FOR THE PERFORMANCE OF FOUR PERIODS OF APPROPRIATE DUTY PRESCRIBED FOR AUGUST 8 AND 28, AND SEPTEMBER 12 AND 26, 1933, AND CREDIT FOR $3.55 OF THE AMOUNT SO PAID WAS WITHHELD IN THE ACCOUNTS OF THE DISBURSING OFFICER FOR REASONS STATED AS FOLLOWS:

OFFICER WAS ON ACTIVE DUTY FOR TRAINING AUG. 12--- AUG. 26, 1933. ALLOWED 1 MONTH AND 15 DAYS PAY AT $8.33 PER MONTH LESS 15 PERCENT OR $10.62.

SEE ARTS. H-2801 AND H-2803, BUREAU OF NAVIGATION MANUAL. THE EFFECT OF BUREAU OF NAVIGATION DESPATCH OF JULY 10, 1933, LIMITING THE NUMBER OF PERIODS OF APPROPRIATE DUTY FOR THE MONTHS OF AUGUST AND SEPTEMBER 1933 TO TWO, WAS TO FIX THE MONTHLY RATE OF PAY AT ONE HALF OF THE MAXIMUM RATE AUTHORIZED BY SEC. 21 OF THE ACT OF FEB. 28, 1925.

CHIEF PHARMACIST'S MATE AITKEN PERFORMED APPROPRIATE DUTIES UNDER THE REGULATIONS AND ACTIVE DUTY FOR TRAINING WITH PAY FOR THE SAME TIME BASED UPON FOUR PERIODS OF APPROPRIATE DUTY ON SAME DATES AS THOSE PRESCRIBED IN ENSIGN AKER'S CASE AND OF THE AMOUNT PAID, $16.80, FOR THE TWO MONTHS' PERIOD, AUGUST 1 TO SEPTEMBER 30, 1933, CREDIT FOR $3.57 WAS WITHHELD IN THE ACCOUNTS OF THE DISBURSING OFFICER FOR SUBSTANTIALLY THE SAME REASONS.

IT IS UNDERSTOOD THAT THE METHOD EMPLOYED BY THE DISBURSING OFFICER IN COMPUTING PAY FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES ON THE TWO VOUCHERS IN QUESTION IS SIMILAR TO THE METHOD USED IN OTHER LIKE CASES.

SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1085, 1086, PROVIDES:

OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION THEREOF, ORGANIZED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS FOR ATTENDING, UNDER COMPETENT ORDERS, EACH REGULAR DRILL, OR OTHER EQUIVALENT INSTRUCTION OR DUTY, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY: PROVIDED, THAT NO SUCH OFFICER OR ENLISTED MAN SHALL RECEIVE PAY FOR MORE THAN 60 DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY IN ANY ONE FISCAL YEAR: PROVIDED FURTHER, THAT WEEK- END CRUISES SHALL NOT BE REGARDED AS DRILLS OR OTHER EQUIVALENT INSTRUCTION OR DUTY.

FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF THE NAVY MAY PRESCRIBE OFFICERS ABOVE THE GRADE OR RANK OF LIEUTENANT OF THE FLEET NAVAL RESERVE SHALL RECEIVE COMPENSATION AT THE RATE OF NOT MORE THAN $500 A YEAR, AND OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE NOT ATTACHED TO A DIVISION THEREOF, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS, EACH MONTH.

IN ADDITION TO THE PAY TO WHICH THEY MAY OTHERWISE BECOME ENTITLED UNDER THIS SECTION, OFFICERS OF OR BELOW THE GRADE OR RANK OF CAPTAIN OF THE FLEET NAVAL RESERVE REGULARLY ASSIGNED TO AND COMMANDING ORGANIZATIONS OF THE FLEET NAVAL RESERVE, ORGANIZED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE NAVY, AND HAVING ADMINISTRATIVE FUNCTIONS, SHALL RECEIVE COMPENSATION AT THE RATE OF $240 A YEAR FOR THE FAITHFUL PERFORMANCE OF THE ADMINISTRATIVE DUTIES CONNECTED THEREWITH.

PAY UNDER THE PROVISIONS OF THIS SECTION SHALL NOT ACCRUE TO ANY OFFICER OR ENLISTED MAN DURING A PERIOD WHEN HE SHALL BE LAWFULLY ENTITLED TO PAY FOR ACTIVE DUTY OR TRAINING DUTY.

ARTICLES H-2801 AND H-2803, BUREAU OF NAVIGATION MANUAL, PROVIDE:

H-2801. COMPENSATION FOR OFFICERS BELOW RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN.

(1) OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION THEREOF, ORGANIZED UNDER SECTION 3 OF THIS CHAPTER, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS FOR ATTENDING, UNDER COMPETENT ORDERS, EACH REGULAR DRILL OR OTHER EQUIVALENT INSTRUCTION OR DUTY, AS PRESCRIBED IN SECTION 7 OF THIS CHAPTER.

(2) OFFICERS BELOW THE RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE, NOT ATTACHED TO A DIVISION, WHO SATISFACTORILY PERFORM NOT LESS THAN FOUR PERIODS OF APPROPRIATE DUTY, AS PRESCRIBED UNDER ARTICLE H-2709, DURING ANY FULL CALENDAR MONTH, SHALL RECEIVE FOUR- THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS. FOR A FRACTIONAL MONTH, OR FOR A LESS NUMBER OF PERIODS OF APPROPRIATE DUTY, THEY SHALL RECEIVE COMPENSATION PROPORTIONATE TO THE NUMBER OF PERIODS OF APPROPRIATE DUTY PERFORMED OR TO THE PERIOD ELAPSED, WHICHEVER MAY BE THE SMALLER AMOUNT. (SEC. 21 OF THE ACT.) (C.B.N.M. 2.)

H-2803. COMPENSATION FOR OFFICERS ABOVE THE RANK OF LIEUTENANT.--- OFFICERS OF THE FLEET NAVAL RESERVE ABOVE THE RANK OF LIEUTENANT, WHO SATISFACTORILY PERFORM NOT LESS THAN FOUR PERIODS OF APPROPRIATE DUTY, AS PRESCRIBED UNDER ARTICLE H-2709, DURING ANY FULL CALENDAR MONTH, SHALL RECEIVE COMPENSATION AT THE RATE OF $500 A YEAR. FOR A FRACTIONAL MONTH, OR FOR A LESS NUMBER OF PERIODS OF APPROPRIATE DUTY, THEY SHALL RECEIVE COMPENSATION PROPORTIONATE TO THE NUMBER OF PERIODS OF APPROPRIATE DUTY PERFORMED OR TO THE PERIOD ELAPSED, WHICHEVER MAY BE THE SMALLER AMOUNT. (SEC. 21 OF THE ACT.) (C.B.N.M. 2.)

SECTION 21 OF THE LAW CLEARLY PROVIDES TWO METHODS OF PAYMENT FOR OFFICERS AND ENLISTED MEN; THE FIRST PARAGRAPH PROVIDING THAT OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE ATTACHED TO A DIVISION SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY FOR EACH REGULAR DRILL OR OTHER EQUIVALENT INSTRUCTION OR DUTY NOT IN EXCESS OF 60 IN ANY ONE FISCAL YEAR, WHILE THE SECOND PARAGRAPH PROVIDES FOR PAYMENT FOR SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES AT A RATE OF NOT TO EXCEED $500 A YEAR BY OFFICERS ABOVE THE GRADE OR RANK OF LIEUTENANT AND FOUR- THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS EACH MONTH OF OFFICERS BELOW THE GRADE OR RANK OF LIEUTENANT COMMANDER AND ENLISTED MEN OF THE FLEET NAVAL RESERVE NOT ATTACHED TO A DIVISION THEREOF.

THE LAW HAVING PRESCRIBED THAT PAYMENTS ACCRUING TO OFFICERS AND ENLISTED MEN OF THE LATTER CLASS BE CALCULATED ON A MONTHLY OR ANNUAL BASIS, THE COMPUTATIONS MADE IN THE AUDIT OF PAYMENTS DURING MONTHS WHEN LESS THAN THE MAXIMUM DUTIES WERE PRESCRIBED AND WHEN CONSEQUENTLY LESS THAN THE MAXIMUM PAY BECAME DUE FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES, WERE REQUIRED TO BE BASED UPON A TIME BASIS, THE RATES OF PAY BEING REDUCED IN PROPORTION THAT THE REDUCED REQUIREMENTS BORE TO THE MAXIMUM REQUIREMENTS NECESSARY TO RECEIVE THE MAXIMUM PAY PROVIDED BY THE STATUTE.

IT IS TO BE NOTED THAT THE REGULATIONS HAVE PRESCRIBED THAT NOT LESS THAN FOUR PERIODS OF APPROPRIATE DUTY AS DEFINED IN ARTICLE H-2709, BUREAU OF NAVIGATION MANUAL, ARE THE REQUIREMENTS TO ENTITLE TO FOUR THIRTIETHS OF THE MONTHLY BASE PAY OR COMPENSATION AT THE RATE OF $500 A YEAR. UNDER THE LAW THE SECRETARY OF THE NAVY UNDOUBTEDLY HAS THE AUTHORITY TO DEFINE AND PRESCRIBE THE APPROPRIATE DUTIES NECESSARY TO BE SATISFACTORILY PERFORMED BY OFFICERS AND ENLISTED MEN UNDER THE SECOND PARAGRAPH OF SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, BUT THERE DOES NOT APPEAR TO BE ANY AUTHORITY IN THE ACT TO PAY THESE CLASSES OF OFFICERS AND ENLISTED MEN ON THE BASIS OF DRILLS PERFORMED. THE PAY FIXED FOR THE SATISFACTORY PERFORMANCE OF APPROPRIATE DUTIES FOR OFFICERS AND ENLISTED MEN IN THE SECOND PARAGRAPH OF SECTION 21, IS A MAXIMUM MONTHLY OR YEARLY PAY WHICH ACCRUES FROM DAY TO DAY WHILE SUCH PERSONNEL ARE IN AN APPROPRIATE DUTY STATUS. 1 COMP. GEN. 392. A RATE OF PAY PER DRILL OR UNIT OF SERVICE MAY NOT BE FIXED IN LIEU OF THE STATUTORY MONTHLY OR YEARLY RATE. 2 COMP. GEN. 375, 377.

WITH RESPECT TO THE PAYMENTS MADE ON THE VOUCHERS NOW UNDER CONSIDERATION, WHICH IT IS UNDERSTOOD ARE TYPICAL OF OTHER PAYMENTS DURING THE SAME PERIOD, IT APPEARS THAT BY DESPATCH OF THE BUREAU OF NAVIGATION TO VARIOUS COMMANDANTS OF THE NAVAL SERVICE, DATED JULY 10, 1933, TWO DRILLS PER MONTH WITH PAY WERE PRESCRIBED FOR ALL ORGANIZATIONS OF THE FLEET NAVAL RESERVE BEGINNING AUGUST 1, 1933, AND THREE DRILLS PER MONTH FOR THE MONTHS OF OCTOBER AND NOVEMBER. THIS DESPATCH FURTHER PROVIDED THAT APPROPRIATE DUTY FOR WHICH PAY WAS PROVIDED UNDER THE SECOND PARAGRAPH OF SECTION 21 WAS AUTHORIZED ON THE SAME BASIS AS DRILLS AND THAT "EQUIVALENT INSTRUCTION OR DUTY" WAS NOT AUTHORIZED. EXPLANATORY OF THE MEANING AND INTENT OF THE ABOVE DESPATCH AND OF THE PERTINENT REGULATIONS, THE CHIEF OF THE BUREAU OF NAVIGATION BY INDORSEMENT DATED NOVEMBER 12, 1934, ON THE REQUEST OF THE DISBURSING OFFICER STATED:

2. ARTICLES H-2801 (2) AND H-2803 OF THE BUREAU OF NAVIGATION MANUAL PRESCRIBE AS THE RATES OF PAY FOR RESERVISTS PERFORMING APPROPRIATE DUTY, THE MAXIMUM RATES AUTHORIZED BY SECTION 21 OF THE ACT OF FEBRUARY 28, 1925, ON THE BASIS OF FOUR PERIODS PER MONTH, WITH A PROPORTIONAL DECREASE FOR A LESSER NUMBER OF PERIODS OR FOR A FRACTIONAL PART OF A MONTH.

3. EVEN DID THIS BUREAU FEEL THAT OF ITSELF IT HAD THE POWER TO CHANGE THE RATE OF PAY AS SPECIFIED ABOVE, IT WAS NOT THE INTENTION THAT DISPATCH OF JULY 10, 1933 (REFERENCE (C) OF BASIC LETTER) SHOULD HAVE THIS EFFECT NOR WAS IT ANTICIPATED THAT IT WOULD BE SO INTERPRETED.

4. THE INTENT WAS TO PERMIT THOSE RESERVISTS AUTHORIZED TO PERFORM APPROPRIATE DUTY, TO EARN THE APPROPRIATE DUTY PAY AUTHORIZED BY LAW AND REGULATIONS FOR A LESSER NUMBER OF PERIODS OR A PORTION ONLY OF EACH MONTH. UNDER THE PROVISIONS OF ARTICLE H-2709 (3) AND (5) OF THE BUREAU OF NAVIGATION MANUAL, THOSE RESERVISTS WHO ARE ASSIGNED APPROPRIATE DUTIES ARE REQUIRED TO PERFORM THEM IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS OTHER MEMBERS OF THE ORGANIZATION PERFORM DRILLS OR EQUIVALENT INSTRUCTION OR DUTY, AND THE NUMBER OF SUCH PERIODS ACTUALLY PERFORMED IS MADE THE BASIS FOR COMPUTING THE COMPENSATION EARNED. IT WAS THEREFORE THE INTENT OF THE ABOVE DISPATCH TO PERMIT A RESERVIST PERFORMING APPROPRIATE DUTY TO RECEIVE PAY THEREFOR ON A BASIS OF PERIODS PERFORMED, RECEIVING NO PAY FOR THOSE WEEKS IN WHICH DRILLS WERE PERFORMED AND RECEIVING ONE-FOURTH OF THE MONTHLY RATE FOR THOSE WEEKS IN WHICH APPROPRIATE DUTY WAS PERFORMED, IN THE MANNER PRESCRIBED, NAMELY BY ATTENDING THE DRILLS OF THE ORGANIZATION AND PERFORMING THE REQUIRED DUTIES THEREAT.

IT IS EVIDENT FROM THE LAST SENTENCE OF THE QUOTED INDORSEMENT THAT THE CONFUSION WHICH SEEMS TO EXIST WITH RESPECT TO THE COMPUTATION OF APPROPRIATE DUTY PAY ARISES FROM THE ERRONEOUS PREMISE THAT THIS PAY MAY LEGALLY BE COMPUTED ON A DRILL OR UNIT OF SERVICE BASIS.

THE PARTICULAR PROVISION OF LAW UNDER CONSIDERATION IN SUBSTANCE IS IDENTICAL TO THE CORRESPONDING PROVISIONS OF SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY THE ACT OF JUNE 4, 1920, 41 STAT. 783. IN CONSIDERING THE BASIS FOR COMPUTING PAY OF OFFICERS UNDER THAT ACT IT WAS STATED IN DECISION OF THIS OFFICE, DATED JANUARY 27, 1922, 1 COMP. GEN. 392, 395:

A PREREQUISITE TO EARNING THE DRILL PAY PRESCRIBED FOR "CAPTAINS AND LIEUTENANTS BELONGING TO ORGANIZATIONS" IS AN ENLISTED ORGANIZATION. IF, AS YOU STATE, THERE ARE NO ENLISTED MEN ON THE REGIMENTAL HEADQUARTERS ROLL, IT IS EVIDENT THAT THE CAPTAINS AND LIEUTENANTS MAY NOT BE PAID AS ,BELONGING TO AN ORGANIZATION" WITHIN THE MEANING OF THE FIRST SENTENCE OF SECTION 109. PAY FOR THESE OFFICERS IS PROVIDED FOR IN THE THIRD SENTENCE OF SECTION 109 IN THE FOLLOWING LANGUAGE:

* * * OFFICERS BELOW THE GRADE OF MAJOR, NOT BELONGING TO ORGANIZATIONS, SHALL RECEIVE NOT MORE THAN FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADES FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE. THE RATE OF PAY FOR THESE OFFICERS IS NOT FIXED BY THE LAW, BUT A MAXIMUM IS PRESCRIBED WHICH MAY BE FIXED, AND THE MONTHLY MAXIMUM IS THE EQUIVALENT OF FOUR-THIRTIETHS OF THE MONTHLY BASE PAY OF THEIR GRADE; THE BASIS OF PAYMENT IS NOT THE NUMBER OF DRILLS ATTENDED, BUT THE "SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES.' AND THIS MAXIMUM IS PAYABLE ONLY FOR PERIODS OF TIME THE OFFICER IS IN A PAY STATUS THEREUNDER, IS, ON THE BASIS OF "DAYS OF SERVICE.'

IF DURING ANY MONTH OR PORTION OF A MONTH AN OFFICER HAS PERFORMED LESS THAN 100 PERCENT OF THE DUTIES PRESCRIBED IN REGULATIONS, THE MONTHLY MAXIMUM PAY MUST BE REDUCED PROPORTIONATELY. TO ILLUSTRATE: IF FOUR UNITS OF SERVICE ARE PRESCRIBED TO EARN THE MAXIMUM PAY, AND AN OFFICER PERFORMS BUT THREE OF THE UNITS OF SERVICE, HE WILL BE ENTITLED TO BUT THREE- FOURTHS OF THE MAXIMUM PAY DURING THE PERIOD HE WAS IN A DRILL PAY STATUS.

WITH RESPECT TO THE CONTENTION OF THE FIELD OFFICERS THAT THEY ARE ENTITLED TO $500 PER ANNUM, BASED UPON THE NUMBER OF DRILLS ATTENDED, WITHOUT REFERENCE TO THE PERIODS THEY MAY HAVE BEEN ENTITLED TO THE PAY OF THEIR GRADES, IT IS SUFFICIENT TO QUOTE THE LANGUAGE OF THE STATUTE.

"OFFICERS ABOVE THE GRADE OF CAPTAIN SHALL RECEIVE NOT MORE THAN $500 A YEAR * * * FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE.'

HERE AGAIN IS ONLY A MAXIMUM THAT MAY BE FIXED, AND THE AMOUNT THAT MAY BE FIXED IS PAYABLE, NOT FOR DRILLS ATTENDED, BUT "FOR SATISFACTORY PERFORMANCE OF THEIR APPROPRIATE DUTIES.' THAT PAY IS BASED ON PERIODS OR DAYS OF SERVICE, * * *.

APPLYING THE RULE STATED IN THE ABOVE DECISION TO THE FACTS IN THE PRESENT CASE, FOUR DRILLS OR UNITS OF SERVICE PER MONTH WERE PRESCRIBED BY THE SECRETARY OF THE NAVY IN ORDER TO RECEIVE THE MAXIMUM APPROPRIATE DUTY PAY AND FOR THE MONTHS OF AUGUST AND SEPTEMBER 1933, BUT TWO DRILLS OR UNITS OF SERVICE WERE PRESCRIBED. BY PRESCRIBING TWO DRILLS OR UNITS OF SERVICE AS THE APPROPRIATE DUTY FOR ONE MONTH THE RATE FOR THAT MONTH BECAME TWO-FOURTHS OF ONE-HALF OF THE MAXIMUM PROVIDED FOR THE SATISFACTORY PERFORMANCE OF FOUR DRILLS OR UNITS OF SERVICE DURING THE PERIOD THE PERSONNEL IS IN AN APPROPRIATE DUTY STATUS.

THE MAXIMUM MONTHLY PAY OF AN ENSIGN NOT ATTACHED TO A DIVISION WHERE TWO DRILLS PER MONTH HAVE BEEN PRESCRIBED AS THE APPROPRIATE DUTY IS ONE-HALF OF FOUR-THIRTIETHS OF $125, OR $8.33 1/3 LESS DEDUCTIONS UNDER THE ACT OF MARCH 20, 1933, PAYABLE, OF COURSE, ONLY IF HE SHALL HAVE BEEN IN AN APPROPRIATE DUTY STATUS THE ENTIRE MONTH. DURING AUGUST 1933 ENSIGN AKER WAS IN AN APPROPRIATE DUTY STATUS ONLY FROM THE 1ST TO THE 11TH AND FROM THE 27TH TO THE 31ST, OR 15 DAYS. HIS PAY FOR AUGUST, THEREFORE, WOULD BE FIFTEEN-THIRTIETHS OR ONE-HALF OF $8.33 1/3 LESS PROPER DEDUCTIONS UNDER THE ACT OF MARCH 20, 1933. HE WAS IN AN APPROPRIATE DUTY STATUS DURING ALL OF SEPTEMBER AND HE WAS THEREFORE ENTITLED TO PAY AT THE SAME RATE FOR THE WHOLE MONTH. THE DIFFERENCE BETWEEN THE AMOUNT PAID AND THE AMOUNT PROPERLY PAYABLE IN ACCORDANCE WITH THE ABOVE COMPUTATION IS PROPERLY FOR DISALLOWANCE AND THIS APPLIES EQUALLY TO THE CASE OF CHIEF PHARMACIST'S MATE AITKEN, WHOSE RATE OF PAY IS FOR COMPUTATION IN THE SAME MANNER.