A-6005, NOVEMBER 26, 1924, 4 COMP. GEN. 485

A-6005: Nov 26, 1924

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IS NOT A RETIREMENT . IS ACCORDINGLY PROHIBITED BY SECTION 2 OF THE ACT OF JULY 31. PAYMENT FOR SERVICES RENDERED UNDER SUCH APPOINTMENT IS NOT AUTHORIZED. PROVIDES IN SO FAR AS IS HERE MATERIAL. AS FOLLOWS: * * * NO PERSON WHO HOLDS AN OFFICE THE SALARY OR ANNUAL COMPENSATION ATTACHED TO WHICH AMOUNTS TO THE SUM OF TWO THOUSAND FIVE HUNDRED DOLLARS SHALL BE APPOINTED TO OR HOLD ANY OTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIALLY HERETOFORE OR HEREAFTER SPECIALLY AUTHORIZED THERETO BY LAW. THIS ACT WAS AMENDED BY THE ACT OF MAY 31. OR COAST GUARD WHO HAVE BEEN RETIRED FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY SHALL NOT. BE CONSTRUED TO HOLD OR TO HAVE HELD AN OFFICE DURING SUCH RETIREMENT.

A-6005, NOVEMBER 26, 1924, 4 COMP. GEN. 485

COMPENSATION, DOUBLE - ARMY OFFICERS RETIRED BY ELIMINATION THE RETIREMENT OF AN ARMY OFFICER BY ELIMINATION AFTER 14 YEARS' SERVICE UNDER THE PROVISIONS OF THE ACTS OF JUNE 30, 1922, 42 STAT. 722, AND SEPTEMBER 14, 1922, 42 STAT. 840, IS NOT A RETIREMENT ,FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY," WITHIN THE PURVIEW OF THE ACT OF MAY 31, 1924, 43 STAT. 245, AND HIS SUBSEQUENT APPOINTMENT AS FIRST ASSISTANT SURGEON, NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AT AN ANNUAL SALARY OF $2,740, IS ACCORDINGLY PROHIBITED BY SECTION 2 OF THE ACT OF JULY 31, 1894, 28 STAT. 205, AND PAYMENT FOR SERVICES RENDERED UNDER SUCH APPOINTMENT IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO GEN. GEORGE H. WOOD, PRESIDENT, BOARD OF MANAGERS, NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, NOVEMBER 26, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 28, 1924, REQUESTING DECISION AS TO WHAT PAYMENT, IF ANY, MAY BE MADE TO DR. LEONARD S. HUGHES FOR SERVICES RENDERED AS FIRST ASSISTANT SURGEON OF THE DANVILLE BRANCH OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, IN VIEW OF HIS APPOINTMENT TO SUCH OFFICE AT AN ANNUAL SALARY OF $2,740, HE BEING A RETIRED MAJOR IN THE REGULAR ARMY AND AS SUCH DRAWING $1,701 PER YEAR RETIRED PAY.

SECTION 2 OF THE ACT OF JULY 31, 1894, 28 STAT. 205, PROVIDES IN SO FAR AS IS HERE MATERIAL, AS FOLLOWS:

* * * NO PERSON WHO HOLDS AN OFFICE THE SALARY OR ANNUAL COMPENSATION ATTACHED TO WHICH AMOUNTS TO THE SUM OF TWO THOUSAND FIVE HUNDRED DOLLARS SHALL BE APPOINTED TO OR HOLD ANY OTHER OFFICE TO WHICH COMPENSATION IS ATTACHED UNLESS SPECIALLY HERETOFORE OR HEREAFTER SPECIALLY AUTHORIZED THERETO BY LAW; BUT THIS SHALL NOT APPLY TO RETIRED OFFICERS OF THE ARMY OR NAVY WHENEVER THEY MAY BE ELECTED TO PUBLIC OFFICE OR WHENEVER THE PRESIDENT SHALL APPOINT THEM TO OFFICE BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.

THIS ACT WAS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 245, AS FOLLOWS:

* * * RETIRED * * * OFFICERS OF THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD WHO HAVE BEEN RETIRED FOR INJURIES RECEIVED IN BATTLE OR FOR INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY SHALL NOT, WITHIN THE MEANING OF THIS SECTION, BE CONSTRUED TO HOLD OR TO HAVE HELD AN OFFICE DURING SUCH RETIREMENT.

IT APPEARS FROM THE OFFICIAL ARMY REGISTER, 1924, AT PAGE 709,THAT DOCTOR HUGHES WAS SELECTED FOR ELIMINATION FROM THE ARMY AND RETIRED, AFTER 14 YEARS' SERVICE, UNDER THE PROVISIONS OF THE ACTS OF JUNE 30, 1922, 42 STAT. 722, AND SEPTEMBER 14, 1922, 42 STAT. 840. AS HE WAS NOT RETIRED FOR "INJURIES OR INCAPACITY INCURRED IN LINE OF DUTY," HIS APPOINTMENT AS FIRST ASSISTANT SURGEON AT AN ANNUAL SALARY OF $2,740 WAS PROHIBITED BY THE ACT OF JULY 31, 1894, CITED, AND I HAVE TO ADVISE YOU THAT NO PAYMENT IS AUTHORIZED FOR SERVICES RENDERED AS FIRST ASSISTANT SURGEON UNDER HIS APPOINTMENT AT $2,740 PER ANNUM.