A-61496, MAY 1, 1935, 14 COMP. GEN. 807

A-61496: May 1, 1935

Additional Materials:

Contact:

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

 

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

REVISED STATUTES ENLISTED MEN OF THE UNITED STATES NAVY OR MARINE CORPS DETAINED AT A SHORE STATION BEYOND EXPIRATION OF TERM OF ENLISTMENT ARE NOT ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED IN SECTION 1422. IT APPEARS THAT YOU WERE SERVING AS PRIVATE IN THE U.S. REPORTS THAT YOU WERE RETAINED IN THE SERVICE 100 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT BUT FURTHER STATES THAT. SINCE YOU WERE NOT SERVING ON BOARD A VESSEL OF THE NAVY SECTION 1422. AS THEIR ENLISTMENT MAY HAVE OCCURRED ON EITHER THE ATLANTIC OR PACIFIC COAST OF THE UNITED STATES. * * * SHALL RECEIVE FOR THE TIME DURING WHICH THEY ARE SO DETAINED. IT DOES NOT APPLY TO ENLISTED MEN OF THE NAVY OR MARINE CORPS DETAINED AT SHORE STATION BEYOND EXPIRATION OF THEIR TERMS OF ENLISTMENT AND MEN SO DETAINED ARE NOT ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED THEREIN.

A-61496, MAY 1, 1935, 14 COMP. GEN. 807

PAY - ONE-FOURTH ADDITIONAL PAY UNDER SECTION 1422, REVISED STATUTES ENLISTED MEN OF THE UNITED STATES NAVY OR MARINE CORPS DETAINED AT A SHORE STATION BEYOND EXPIRATION OF TERM OF ENLISTMENT ARE NOT ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED IN SECTION 1422, REVISED STATUTES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO JOSEPH LOYD GRAVES, MAY 1, 1935:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT DECEMBER 17, 1934, DISALLOWING YOUR CLAIM FOR ONE-FOURTH ADDITIONAL PAY BY REASON OF RETENTION BEYOND YOUR PERIOD OF ENLISTMENT MAY 21 TO AUGUST 28, 1934, UNDER SECTION 1422, REVISED STATUTES.

IT APPEARS THAT YOU WERE SERVING AS PRIVATE IN THE U.S. MARINE CORPS AT THE MARINE BARRACKS, CAVITE, P.I., WHEN YOUR ENLISTMENT EXPIRED MAY 27, 1934. THE MAJOR GENERAL COMMANDANT, MARINE CORPS, REPORTS THAT YOU WERE RETAINED IN THE SERVICE 100 DAYS FOR THE CONVENIENCE OF THE GOVERNMENT BUT FURTHER STATES THAT, SINCE YOU WERE NOT SERVING ON BOARD A VESSEL OF THE NAVY SECTION 1422, REVISED STATUTES, SEEMS NOT TO APPLY SO AS TO ENTITLE YOU TO ADDITIONAL PAY DURING THE PERIOD OF DETENTION. SECTION 1422, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 3, 1875, 18 STAT. 484, PROVIDES:

THAT IT SHALL BE THE DUTY OF THE COMMANDING OFFICER OF ANY FLEET, SQUADRON, OR VESSEL ACTING SINGLY, WHEN ON SERVICE, TO SEND TO AN ATLANTIC OR TO A PACIFIC PORT OF THE UNITED STATES, AS THEIR ENLISTMENT MAY HAVE OCCURRED ON EITHER THE ATLANTIC OR PACIFIC COAST OF THE UNITED STATES, IN SOME PUBLIC OR OTHER VESSEL, ALL PETTY-OFFICERS AND PERSONS OF INFERIOR RATINGS DESIRING TO GO THERE AT THE EXPIRATION OF THEIR TERMS OF ENLISTMENT, OR AS SOON THEREAFTER AS MAY BE, UNLESS, IN HIS OPINION, THE DETENTION OF SUCH PERSONS FOR A LONGER PERIOD SHOULD BE ESSENTIAL TO THE PUBLIC INTERESTS, IN WHICH CASE HE MAY DETAIN THEM, OR ANY OF THEM, UNTIL THE VESSEL TO WHICH THEY BELONG SHALL RETURN TO SUCH ATLANTIC OR PACIFIC PORT. ALL PERSONS * * * WHO SHALL BE SO DETAINED BEYOND THEIR TERMS OF ENLISTMENT, * * * SHALL RECEIVE FOR THE TIME DURING WHICH THEY ARE SO DETAINED, * * * AN ADDITION OF ONE-FOURTH OF THEIR FORMER PAY: PROVIDED, THAT THE SHIPPING-ARTICLES SHALL HEREAFTER CONTAIN THE SUBSTANCE OF THIS SECTION.

SECTION 1422, REVISED STATUTES, CONTEMPLATES SERVICE UPON AND ATTACHMENT TO A VESSEL DURING THE PERIOD OF DETENTION IN SERVICE AFTER EXPIRATION OF THE TERM OF ENLISTMENT. IT DOES NOT APPLY TO ENLISTED MEN OF THE NAVY OR MARINE CORPS DETAINED AT SHORE STATION BEYOND EXPIRATION OF THEIR TERMS OF ENLISTMENT AND MEN SO DETAINED ARE NOT ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED THEREIN. DECISION OF THE COMPTROLLER OF THE TREASURY, SEPTEMBER 1, 1905; S. AND A. MEMO.NO. 55. UPON REVIEW, THE SETTLEMENT IS FOUND TO BE CORRECT AND IS SUSTAINED.