A-65970, OCTOBER 18, 1935, 15 COMP. GEN. 307

A-65970: Oct 18, 1935

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ARE ENTITLED TO THE RANK. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. INSOFAR AS THEY ARE INCONSISTENT WITH OR IN CONFLICT WITH ANY OF THE PROVISIONS HEREOF. ARE HEREBY REPEALED AS OF THAT DATE. UNDER THE PROVISIONS OF THIS ACT THIS OFFICER WAS PROMOTED AUGUST 1. WAS PROMOTED TO CAPTAIN EFFECTIVE AUGUST 4. THE DIFFERENCE IN PAY CLAIMED IS THAT REPRESENTED BY THE COMPUTATION UNDER SECTION 1 OF THE ACT OF JUNE 10. AS AN OFFICER WHOSE FIRST APPOINTMENT WAS ABOVE SECOND LIEUTENANT. OFFICERS ORIGINALLY APPOINTED IN SUCH CORPS AS SECOND LIEUTENANTS AND SERVING IN THAT GRADE WERE AUTHORIZED TO BE PROMOTED TO THE GRADE OF FIRST LIEUTENANT EFFECTIVE AUGUST 1.

A-65970, OCTOBER 18, 1935, 15 COMP. GEN. 307

PAY PERIODS - VETERINARY CORPS, UNITED STATES ARMY - PROMOTION OFFICERS OF THE VETERINARY CORPS, UNITED STATES ARMY, PROMOTED UNDER THE PROVISIONS OF SECTIONS 4 AND 8 OF THE ACT OF JULY 31, 1935, 49 STAT. 506, ARE ENTITLED TO THE RANK, PAY, AND ALLOWANCES OF THE RESPECTIVE GRADES UPON COMPLETION OF THE SAME RESPECTIVE PERIODS OF SERVICE PRESCRIBED BY LAW IN FORCE ON JUNE 30, 1935, FOR OFFICERS OF THE MEDICAL CORPS OF THE ARMY.

COMPTROLLER GENERAL MCCARL TO LIEUT. COL. F. M. HOLMES, UNITED STATES ARMY, OCTOBER 18, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 9, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CAPT. RUSSELL MCNELLIS, VETERINARY CORPS, UNITED STATES ARMY, FOR DIFFERENCE BETWEEN PAY AND ALLOWANCES OF THE FIRST PERIOD AND THE SECOND PERIOD FROM AUGUST 1 TO 3, 1935, AND THE DIFFERENCE BETWEEN PAY AND ALLOWANCES OF THE SECOND PERIOD AND THE THIRD PERIOD FROM AUGUST 4 TO 31, 1935.

THE OFFICIAL ARMY REGISTER, 1935, AT PAGE 467 SHOWS THE SERVICES OF THIS OFFICER AS FOLLOWS: ,2 LT. V.C. 1 JULY 32; ACCEPTED 4 AUG. 32.'

SECTIONS 4 AND 8 OF THE ACT OF JULY 31, 1935, 49 STAT. 506, 507 PROVIDE:

SEC. 4. THAT GENERAL OFFICERS OF THE LINE, CHIEFS AND ASSISTANT CHIEFS OF BRANCHES, AND ALL NONPROMOTION-LIST OFFICERS SHALL CONTINUE TO BE APPOINTED AND PROMOTED AS NOW AUTHORIZED BY LAW, EXCEPT THAT OFFICERS OF THE VETERINARY CORPS OF THE MEDICAL DEPARTMENT SHALL BE PROMOTED TO, AND CHAPLAINS SHALL BE GIVEN THE RANK, PAY, AND ALLOWANCES OF THE RESPECTIVE GRADES TO AND INCLUDING THAT OF COLONEL UPON COMPLETION OF THE SAME RESPECTIVE PERIODS OF SERVICE PRESCRIBED BY LAW IN FORCE ON JUNE 30, 1935, FOR OFFICERS OF THE MEDICAL CORPS. FROM AND AFTER THE EFFECTIVE DATE OF THIS ACT ORIGINAL APPOINTMENTS IN THE VETERINARY CORPS SHALL BE MADE IN THE GRADE OF FIRST LIEUTENANT FROM RESERVE VETERINARY OFFICERS BETWEEN THE AGES OF TWENTY-THREE AND THIRTY-TWO YEARS, AND OFFICERS SERVING IN THAT CORPS ON THE EFFECTIVE DATE OF THIS ACT IN THE GRADE OF SECOND LIEUTENANT SHALL BE PROMOTED TO THE GRADE OF FIRST LIEUTENANT AS OF SAID DATE.

SEC. 8. THIS ACT SHALL BE EFFECTIVE THE FIRST OF THE MONTH FOLLOWING THE DATE OF ENACTMENT OF THIS ACT, AND ALL LAWS AND PARTS OF LAWS, INSOFAR AS THEY ARE INCONSISTENT WITH OR IN CONFLICT WITH ANY OF THE PROVISIONS HEREOF, ARE HEREBY REPEALED AS OF THAT DATE.

UNDER THE PROVISIONS OF THIS ACT THIS OFFICER WAS PROMOTED AUGUST 1, 1935, TO FIRST LIEUTENANT, WITH LESS THAN 3 YEARS' SERVICE, AND WAS PROMOTED TO CAPTAIN EFFECTIVE AUGUST 4, 1935, BY VIRTUE OF HAVING COMPLETED 3 YEARS' SERVICE. THE DIFFERENCE IN PAY CLAIMED IS THAT REPRESENTED BY THE COMPUTATION UNDER SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626, AS AN OFFICER FIRST APPOINTED IN THE PERMANENT SERVICE AS SECOND LIEUTENANT, AND AS AN OFFICER WHOSE FIRST APPOINTMENT WAS ABOVE SECOND LIEUTENANT. THE CITED STATUTE PROVIDES THAT FROM AND AFTER THE EFFECTIVE DATE OF THIS ACT ORIGINAL APPOINTMENTS IN THE VETERINARY CORPS SHALL BE MADE IN THE GRADE OF FIRST LIEUTENANT. OFFICERS ORIGINALLY APPOINTED IN SUCH CORPS AS SECOND LIEUTENANTS AND SERVING IN THAT GRADE WERE AUTHORIZED TO BE PROMOTED TO THE GRADE OF FIRST LIEUTENANT EFFECTIVE AUGUST 1, 1935, AND ALTHOUGH THE LANGUAGE OF THE STATUTE IS AMBIGUOUS THE INTENT IS THAT THEY SHALL BE GIVEN THE RANK, PAY, AND ALLOWANCES OF THE RESPECTIVE GRADES UPON COMPLETION OF THE SAME RESPECTIVE PERIODS OF SERVICE PRESCRIBED BY LAW IN FORCE ON JUNE 30, 1935, FOR OFFICERS OF THE MEDICAL CORPS. OFFICERS OF THE MEDICAL CORPS IN THE ARMY UNDER THE PROVISIONS OF SECTION 10 OF THE ACT OF JUNE 4, 1920, 41 STAT. 767, ARE ORIGINALLY APPOINTED IN THE GRADE OF FIRST LIEUTENANT, AND PROMOTION TO CAPTAIN IS AUTHORIZED UPON COMPLETION OF 3 YEARS' COMMISSIONED SERVICE. CAPTAIN MCNELLIS WAS FIRST APPOINTED IN THE GRADE OF SECOND LIEUTENANT, BUT BY VIRTUE OF HIS ASSIMILATION FOR PAY PURPOSES WITH OFFICERS OF THE MEDICAL CORPS OF THE SAME RESPECTIVE PERIODS OF SERVICE HE WAS ENTITLED DURING THE PERIOD AUGUST 1 TO 3, 1935, TO PAY AND ALLOWANCES OF THE SECOND PERIOD AND DURING THE PERIOD AUGUST 4 TO 31, 1935, TO PAY AND ALLOWANCES OF THE THIRD PERIOD. ACCORDINGLY, YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED OF THE DIFFERENCE IN PAY CLAIMED ON THE VOUCHER.