A-74779, MAY 15, 1936, 15 COMP. GEN. 999

A-74779: May 15, 1936

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WHO IS HONORABLY DISCHARGED AND REAPPOINTED A COMMISSIONED OFFICER SUBSEQUENT TO JULY 1. IS ENTITLED TO COUNT FOR PAY PURPOSES ONLY COMMISSIONED SERVICE ON THE RETIRED LIST. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON SUPPLEMENTAL PAY ROLL FOR APRIL 1936 IN THE AMOUNT OF $26.58. WAS PROMOTED TO CAPTAIN JUNE 4. THAT HE WAS ADVANCED TO THE TEMPORARY RANK OF MAJOR. SHOWS HIM TO HAVE BEEN HONORABLY DISCHARGED DECEMBER 26. ARE AS FOLLOWS: 9. IS ANNOUNCED. 10. CAPTAIN JOBSON IS PLACED ON THE RETIRED LIST OF THE ARMY. CAPTAIN JOBSON WILL BE ADVANCED TO THE GRADE OF MAJOR ON THE RETIRED LIST UNDER THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 21. THE OFFICER'S APPOINTMENT AND RETIREMENT WERE PURSUANT TO PRIVATE ACT NO. 353.

A-74779, MAY 15, 1936, 15 COMP. GEN. 999

PAY - ARMY OFFICER DISCHARGED, REAPPOINTED, AND RETIRED A REGULAR ARMY OFFICER APPOINTED AFTER SERVING AS AN ENLISTED MAN, WHO IS HONORABLY DISCHARGED AND REAPPOINTED A COMMISSIONED OFFICER SUBSEQUENT TO JULY 1, 1922, AFTER AN INTERVAL OF CIVILIAN LIFE, IS ENTITLED TO COUNT FOR PAY PURPOSES ONLY COMMISSIONED SERVICE ON THE RETIRED LIST.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. E. C. MORTON, UNITED STATES ARMY, MAY 15, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 28, 1936, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON SUPPLEMENTAL PAY ROLL FOR APRIL 1936 IN THE AMOUNT OF $26.58, COVERING THE CLAIM OF MAJ. CLARENCE F. JOBSON, UNITED STATES ARMY, RETIRED, FOR DIFFERENCE IN RETIRED PAY OF CAPTAIN WITH OVER 6 YEARS' SERVICE, SECOND PAY PERIOD AT $137.50 PER MONTH, AND RETIRED PAY AS CAPTAIN WITH OVER 7 YEARS' SERVICE, THIRD PAY PERIOD AT $165 PER MONTH, FOR THE PERIOD APRIL 2 TO 30, 1936.

THE OFFICIAL ARMY REGISTER, 1922, AT PAGE 57, SHOWS THAT THIS OFFICER SERVED AS PRIVATE AND CORPORAL, C.A.C., FROM JANUARY 5, 1914, TO NOVEMBER 28, 1916; THAT HE ACCEPTED APPOINTMENTS AS SECOND LIEUTENANT AND FIRST LIEUTENANT ON NOVEMBER 29, 1916, AND WAS PROMOTED TO CAPTAIN JUNE 4, 1917; THAT HE WAS ADVANCED TO THE TEMPORARY RANK OF MAJOR, SEPTEMBER 7, 1918, AND REVERTED TO CAPTAIN IN THE PERMANENT ESTABLISHMENT OCTOBER 15, 1919, AND THE 1923 REGISTER, AT PAGE 1293, SHOWS HIM TO HAVE BEEN HONORABLY DISCHARGED DECEMBER 26, 1922. PARAGRAPHS 9 AND 10 OF SPECIAL ORDERS NO. 79, WAR DEPARTMENT, DATED APRIL 2, 1936, ARE AS FOLLOWS:

9. THE APPOINTMENT BY THE PRESIDENT OF CLARENCE FENN JOBSON, LATE CAPTAIN, QUARTERMASTER CORPS, AS CAPTAIN IN THE QUARTERMASTER CORPS, IN THE REGULAR ARMY OF THE UNITED STATES, WITH RANK FROM APRIL 2, 1936, PURSUANT TO THE PROVISIONS OF AN ACT OF CONGRESS APPROVED AUGUST 29, 1935, IS ANNOUNCED.

10. THE FINDINGS OF THE RETIRING BOARD IN THE CASE OF CAPTAIN CLARENCE FENN JOBSON, QUARTERMASTER CORPS, HAVING BEEN APPROVED BY THE PRESIDENT, BY HIS DIRECTION, CAPTAIN JOBSON IS PLACED ON THE RETIRED LIST OF THE ARMY, EFFECTIVE THIS DATE, ON ACCOUNT OF DISABILITY INCIDENT TO THE SERVICE DUE TO WOUND RECEIVED IN ACTION, UNDER AUTHORITY OF AN ACT OF CONGRESS APPROVED AUGUST 29, 1935, AND THE PROVISIONS OF SECTION 1251, REVISED STATUTES. CAPTAIN JOBSON WILL BE ADVANCED TO THE GRADE OF MAJOR ON THE RETIRED LIST UNDER THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 21, 1930.

THE OFFICER'S APPOINTMENT AND RETIREMENT WERE PURSUANT TO PRIVATE ACT NO. 353, APPROVED AUGUST 29, 1935 (49 STAT., PT. II, 159).

AT THE TIME OF RETIREMENT, MAJOR JOBSON HAD A CREDIT OF 2 YEARS, 10 MONTHS, AND 24 DAYS' ENLISTED SERVICE, AND 6 YEARS AND 28 DAYS' COMMISSIONED SERVICE. BY REASON OF HIS DISCHARGE DECEMBER 26, 1922, HIS REAPPOINTMENT APRIL 2, 1936, AFTER AN INTERVAL OF CIVILIAN LIFE, WAS TO AN APPOINTMENT MADE AND ACCEPTED AFTER JULY 1, 1922, AND UNDER THE PROVISIONS OF PARAGRAPH 11 OF SECTION 1, ACT OF JUNE 10, 1922 (42 STAT. 627), HE IS ENTITLED TO COUNT FOR PURPOSES OF PAY HIS COMMISSIONED SERVICE ONLY (2 COMP. GEN. 170; 4 ID. 8 AND 12. HOFFMAN V. UNITED STATES, 66 CT.CLS. 452). HE HAD NOT COMPLETED 7 YEARS' SERVICE AUTHORIZED TO BE COUNTED FOR PURPOSES OF PAY, AND HIS FIRST APPOINTMENT IN THE REGULAR ARMY HAVING BEEN IN THE GRADE OF SECOND LIEUTENANT HE IS NOT ENTITLED TO RETIRED PAY CLAIMED FOR THE THIRD PAY PERIOD. YOU ARE ADVISED THAT PAYMENT IS NOT AUTHORIZED ON THE VOUCHER WHICH WILL BE RETAINED IN THIS OFFICE.