A-7863, FEBRUARY 5, 1925, 4 COMP. GEN. 660

A-7863: Feb 5, 1925

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IS NOT RETROACTIVE IN ITS APPLICATION. AN OFFICER IN THE MEDICAL OFFICERS' RESERVE CORPS OF THE ARMY WHO IS WITHIN ITS PROVISIONS IS ENTITLED TO COUNT SUCH PRIOR STATE SERVICE. WHEREIN WAS SUSTAINED SETTLEMENT NO. THE CLAIM WAS BASED ON PRIOR STATE SERVICE IN THE TENNESSEE AND ALABAMA NATIONAL GUARD. IT WAS DISALLOWED FOR THE REASON THAT SERVICE IN THE ALABAMA NATIONAL GUARD WAS NOT PROPERLY AUTHENTICATED. THE ADJUTANT GENERAL OF THE STATE OF ALABAMA AND THE OFFICERS COMMANDING COMPANY F OF THE ALABAMA NATIONAL GUARD HAVE. WERE NOT ENTITLED TO COUNT THEIR PRIOR STATE SERVICE IN THE ORGANIZED MILITIA OR NATIONAL GUARD FOR LONGEVITY PAY PURPOSES UNTIL THE PASSAGE OF THE ACT OF JULY 9. WHICH ACT WAS PROSPECTIVE ONLY IN ITS OPERATION. 25 COMP.

A-7863, FEBRUARY 5, 1925, 4 COMP. GEN. 660

ARMY PAY - LONGEVITY THE ACT OF JULY 9, 1919, 40 STAT. 875, AUTHORIZING THE CREDITING OF STATE SERVICE IN THE ORGANIZED MILITIA OR NATIONAL GUARD FOR LONGEVITY PAY PURPOSES IN THE CASE OF OFFICERS OF THE ARMY, OTHER THAN THE REGULAR ARMY, WHO ENTERED THE SERVICE OTHERWISE THAN THROUGH DRAFT, IS NOT RETROACTIVE IN ITS APPLICATION, AND AN OFFICER IN THE MEDICAL OFFICERS' RESERVE CORPS OF THE ARMY WHO IS WITHIN ITS PROVISIONS IS ENTITLED TO COUNT SUCH PRIOR STATE SERVICE, IN COMPUTING HIS LONGEVITY PAY, FOR ACTIVE DUTY SERVICE RENDERED ON AND AFTER JULY 9, 1918, ONLY.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 5, 1925:

DR. JOHN B. STEELE HAS REQUESTED RECONSIDERATION OF DECISION OF AUGUST 18, 1922, WHEREIN WAS SUSTAINED SETTLEMENT NO. W-825425, DATED JUNE 30, 1922, DISALLOWING HIS CLAIM FOR LONGEVITY PAY WHILE SERVING AS A COMMISSIONED OFFICER IN THE MEDICAL OFFICERS' RESERVE CORPS.

THE CLAIM WAS BASED ON PRIOR STATE SERVICE IN THE TENNESSEE AND ALABAMA NATIONAL GUARD, AND IT WAS DISALLOWED FOR THE REASON THAT SERVICE IN THE ALABAMA NATIONAL GUARD WAS NOT PROPERLY AUTHENTICATED. THE ADJUTANT GENERAL OF THE STATE OF ALABAMA AND THE OFFICERS COMMANDING COMPANY F OF THE ALABAMA NATIONAL GUARD HAVE, HOWEVER, FURNISHED CERTIFICATES SUFFICIENT TO SHOW HIS SERVICE AS AN ENLISTED MAN, MEDICAL DEPARTMENT, COMPANY F, THIRD ALABAMA INFANTRY, DURING THE PERIOD FROM JULY, 1902, TO JULY, 1905 "THREE YEARS' CONTINUOUS SERVICE.' SERVICE ALSO HAD BEEN SHOWN AS ASSISTANT SURGEON OF BATTERY A, LIGHT ARTILLERY, TENNESSEE NATIONAL GUARD, DURING THE PERIOD FROM APRIL 8, 1906, TO OCTOBER 15, 1907, ONE YEAR, SIX MONTHS AND SEVEN DAYS, A TOTAL PRIOR STATE SERVICE OF FOUR YEARS, SIX MONTHS AND SEVEN DAYS. CLAIMANT ENTERED UPON ACTIVE SERVICE IN THE MEDICAL OFFICERS' RESERVE CORPS MAY 29, 1917, AND SERVED CONTINUOUSLY THEREAFTER UNTIL DISCHARGED JULY 8, 1919, AT JEFFERSON BARRACKS, MO. COUNTING SUCH PRIOR STATE SERVICE HE COMPLETED FIVE YEARS OF SERVICE NOVEMBER 21, 1917, BUT OFFICERS DURING THE WORLD WAR WHO ENTERED THE SERVICE OTHERWISE THAN THROUGH DRAFT WITH NATIONAL GUARD ORGANIZATIONS UNDER SECTION 111 OF THE ACT OF JUNE 3, 1916, 39 STAT. 211, WERE NOT ENTITLED TO COUNT THEIR PRIOR STATE SERVICE IN THE ORGANIZED MILITIA OR NATIONAL GUARD FOR LONGEVITY PAY PURPOSES UNTIL THE PASSAGE OF THE ACT OF JULY 9, 1918, 40 STAT. 875, WHICH ACT WAS PROSPECTIVE ONLY IN ITS OPERATION. 25 COMP. DEC. 199. OFFICERS OF THE OFFICERS' RESERVE CORPS PLACED ON ACTIVE DUTY PRIOR TO JULY 9, 1918, WERE NOT THEREFORE PRIOR TO THAT DATE ENTITLED TO COUNT SUCH SERVICE FOR LONGEVITY INCREASE OF PAY.

AN EXAMINATION OF THE ORIGINAL PAY VOUCHERS ON FILE IN THIS OFFICE SHOWS THAT CLAIMANT HAS BEEN PAID ONLY THE BASE PAY AUTHORIZED FOR THE RANKS HELD BY HIM, PLUS 10 PERCENT THEREON FOR FOREIGN SERVICE, DURING THE PERIOD FROM AUGUST 24, 1918, TO JUNE 27, 1919. HE IS ACCORDINGLY ENTITLED TO THE DIFFERENCE BETWEEN THE PAY RECEIVED BY HIM AND PAY WITH OVER FIVE YEARS' SERVICE AS FOLLOWS:

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THE SETTLEMENT IS ACCORDINGLY MODIFIED AND $341.67 IS CERTIFIED DUE CLAIMANT.