A-69003, JANUARY 15, 1936, 15 COMP. GEN. 610

A-69003: Jan 15, 1936

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IS ENTITLED TO BE RETIRED IN THE GRADE OF MAJOR. WITH THE SAME SERVICE CREDIT TO WHICH HE WAS ENTITLED AS CAPTAIN ON THE ACTIVE LIST. IS APPLICABLE TO ANY TIME CREDIT IN THE COMPUTATION OF HIS RETIREMENT PAY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. YOU STATE YOU ARE IN DOUBT WHETHER THE OFFICER IS ENTITLED TO 57 1/2 PERCENTUM OF ACTIVE PAY FOR OVER 23 YEARS' SERVICE IN THE FIFTH PAY PERIOD. OR WHETHER HE IS ENTITLED TO 57 1/2 PERCENTUM OF ACTIVE PAY FOR OVER 21 YEARS' ACTUAL SERVICE IN THE FOURTH PAY PERIOD. SHALL HAVE COMPLETED NOT LESS THAN FIFTEEN NOR MORE THAN TWENTY-NINE YEARS' SERVICE MAY UPON HIS OWN APPLICATION BE RETIRED.

A-69003, JANUARY 15, 1936, 15 COMP. GEN. 610

PAY - OFFICERS RETIRED - ACT OF JULY 31, 1935 A CAPTAIN IN THE REGULAR ARMY, RETIRED UNDER THE PROVISIONS OF THE ACT OF JULY 31, 1935, 49 STAT. 507, WHO SERVED AS A COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES PRIOR TO NOVEMBER 12, 1918, IS ENTITLED TO BE RETIRED IN THE GRADE OF MAJOR, WITH THE SAME SERVICE CREDIT TO WHICH HE WAS ENTITLED AS CAPTAIN ON THE ACTIVE LIST, AND THE PROVISION IN SAID STATUTE AUTHORIZING THE COUNTING OF ANY FRACTIONAL PART OF A YEAR AMOUNTING TO 6 MONTHS OR MORE AS A COMPLETE YEAR, IS APPLICABLE TO ANY TIME CREDIT IN THE COMPUTATION OF HIS RETIREMENT PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. E. C. MORTON, UNITED STATES ARMY, JANUARY 15, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 9, 1935, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. ARVEL J. MONGER, UNITED STATES ARMY, RETIRED, IN THE AMOUNT OF $32.35, COVERING DIFFERENCE IN RETIRED PAY BETWEEN THE FOURTH PAY PERIOD AND THE FIFTH PAY PERIOD, BY REASON OF HIS RETIREMENT EFFECTIVE OCTOBER 31, 1935, UNDER AUTHORITY OF SECTION 5 OF THE ACT OF JULY 31, 1935, 49 STAT. 507. YOU STATE YOU ARE IN DOUBT WHETHER THE OFFICER IS ENTITLED TO 57 1/2 PERCENTUM OF ACTIVE PAY FOR OVER 23 YEARS' SERVICE IN THE FIFTH PAY PERIOD, OR WHETHER HE IS ENTITLED TO 57 1/2 PERCENTUM OF ACTIVE PAY FOR OVER 21 YEARS' ACTUAL SERVICE IN THE FOURTH PAY PERIOD.

SECTION 5 OF THE ACT OF JULY 31, 1935, 49 STAT. 507, PROVIDES:

THAT ANY OFFICER ON THE ACTIVE LIST OF THE REGULAR ARMY OR PHILIPPINE SCOUTS WHO, ON THE EFFECTIVE DATE OF THIS ACT OR AT ANY TIME THEREAFTER, SHALL HAVE COMPLETED NOT LESS THAN FIFTEEN NOR MORE THAN TWENTY-NINE YEARS' SERVICE MAY UPON HIS OWN APPLICATION BE RETIRED, IN THE DISCRETION OF THE PRESIDENT WITH ANNUAL PAY EQUAL TO THE PRODUCT OF 2 1/2 PERCENTUM OF HIS ACTIVE DUTY ANNUAL PAY AT THE TIME OF HIS RETIREMENT, MULTIPLIED BY A NUMBER EQUAL TO THE YEARS OF HIS ACTIVE SERVICE NOT IN EXCESS OF TWENTY- NINE YEARS: PROVIDED, THAT THE NUMBER OF YEARS OF SERVICE TO BE CREDITED IN COMPUTING THE RIGHT TO RETIREMENT AND RETIREMENT PAY UNDER THIS SECTION SHALL INCLUDE ALL SERVICE NOW OR HEREAFTER CREDITED FOR ACTIVE DUTY PAY PURPOSES ANY FRACTIONAL PART OF A YEAR AMOUNTING TO SIX MONTHS OR MORE TO BE COUNTED AS A COMPLETE YEAR: AND PROVIDED FURTHER, THAT ANY OFFICER OF THE REGULAR ARMY OR PHILIPPINE SCOUTS BELOW THE GRADE OF MAJOR WHO SERVED AS A COMMISSIONED OFFICER IN THE ARMY OF THE UNITED STATES PRIOR TO NOVEMBER 12, 1918, AND WHOSE APPLICATION FOR RETIREMENT UNDER THE PROVISIONS OF THIS SECTION HAS BEEN APPROVED BY THE PRESIDENT SHALL BE RETIRED IN THE GRADE OF MAJOR WITH RETIRED PAY COMPUTED AS HEREINBEFORE PROVIDED AS FOR A MAJOR WITH THE SAME LENGTH OF SERVICE: * * *

THE OFFICIAL ARMY REGISTER, 1935, AT PAGE 486, SHOWS THE SERVICES OF THIS OFFICER TO BE AS FOLLOWS:

2 LT. OF INF. U.S.A. 26 AUG. 18; ACCEPTED 26 AUG. 18; VACATED 19 SEPT. 20.--- PVT. AND CORP. CO.B. 28 INF. 22 OCT. 12 TO 21 OCT. 15; PVT. PVT. 1 CL. CORP. AND SGT. G.S.I AND COS K AND A 12 INF. SGT. CO. A 63 INF. APR. 16 TO 25 AUG. 18; 2 LT. OF INF. 1 JULY 20; ACCEPTED 19 SEPT. 20; 1 LT. 1 JULY 20; CAPT. 1 OCT. 34.

PARAGRAPH 7, SPECIAL ORDERS NO. 249, WAR DEPARTMENT, DATED OCTOBER 21, 1935, ANNOUNCED HIS RETIREMENT AS FOLLOWS:

BY DIRECTION OF THE PRESIDENT, CAPTAIN ARVEL J. MONGER, INFANTRY, UPON HIS OWN APPLICATION, IS RETIRED FROM ACTIVE SERVICE, TO TAKE EFFECT OCTOBER 31, 1935, WITH THE RANK OF MAJOR, UNDER THE PROVISIONS OF SECTION 5 OF THE ACT OF CONGRESS APPROVED JULY 31, 1935, AFTER MORE THAN TWENTY- TWO YEARS' SERVICE.

THE STATUTE PROVIDES THAT THE NUMBER OF YEARS' SERVICE TO BE CREDITED IN COMPUTING THE RIGHT TO RETIREMENT AND RETIREMENT PAY SHALL INCLUDE ALL SERVICE NOW OR HEREAFTER CREDITED FOR ACTIVE-DUTY PAY PURPOSES, AND THAT ANY FRACTIONAL PART OF A YEAR AMOUNTING TO 6 MONTHS OR MORE WILL BE COUNTED AS A COMPLETE YEAR. ON OCTOBER 31, 1935, BY VIRTUE OF THE ELEVENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626, THIS OFFICER HAD A SERVICE CREDIT OF 22 YEARS, 6 MONTHS AND 27 DAYS, AND BY VIRTUE OF THE CITED PROVISIONS OF THE ACT, HE IS ENTITLED TO A CREDIT OF 23 YEARS IN COMPUTING HIS RIGHT TO RETIREMENT AND RETIREMENT PAY. THE RIGHT TO RETIREMENT IS GIVEN OFFICERS OF THE REGULAR ARMY WHO HAVE COMPLETED NOT LESS THAN 15 NOR MORE THAN 29 YEARS' SERVICE, AND THE PROVISION AUTHORIZING THE COUNTING OF ANY FRACTIONAL PART OF A YEAR AMOUNTING TO 6 MONTHS OR MORE AS A COMPLETE YEAR IS APPLICABLE TO ANY TIME CREDIT IN THE COMPUTATION OF HIS RETIREMENT PAY.

THIS OFFICER ACCEPTED APPOINTMENT AUGUST 26, 1918, AS SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES, AND SERVED AS A COMMISSIONED OFFICER THEREIN PRIOR TO NOVEMBER 12, 1918, AND AS A CAPTAIN IN THE REGULAR ARMY, HE IS ENTITLED, UNDER THE SECOND PROVISO OF THE STATUTE, TO BE RETIRED IN THE GRADE OF MAJOR, WITH A SERVICE CREDIT OF 23 YEARS, AND UNDER THE SECOND PROVISO SUCH SERVICE CREDIT IS AUTHORIZED TO BE COUNTED IN COMPUTING HIS RETIREMENT PAY.

A MAJOR WITH 23 YEARS' SERVICE IS ENTITLED TO BASE PAY OF THE FIFTH PAY PERIOD, WITH LONGEVITY, AT THE RATE OF $393.75 PER MONTH, WHICH UNDER THE QUOTED STATUTE FOR THE PURPOSE OF COMPUTING HIS RETIREMENT PAY IS HIS ACTIVE DUTY ANNUAL PAY AT THE TIME OF HIS RETIREMENT, AND IN THE CASE OF THIS OFFICER HIS RATE OF RETIREMENT PAY IS THE PRODUCT OF 2 1/2 PERCENTUM OF SUCH ACTIVE DUTY PAY MULTIPLIED BY 23 YEARS' SERVICE, OR $226.41. ACCORDINGLY, YOU ARE ADVISED THAT, IF OTHERWISE CORRECT, PAYMENT IS AUTHORIZED ON THE VOUCHER.