A-81017, NOVEMBER 7, 1936, 16 COMP. GEN. 474

A-81017: Nov 7, 1936

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FOR ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL PAY ROLL OF HEADQUARTERS DETACHMENT. ON WHICH IS STATED THE CLAIM UNDER SECTION 9 OF THE ACT OF JUNE 10. THE CLAIM IS STATED ON THE VOUCHER. THE QUESTION IS WHETHER ACTIVE DUTY AS A RESERVE OFFICER FOR THE FOLLOWING PERIODS MAY BE INCLUDED IN THE COMPUTATION OF SERVICE FOR LONGEVITY PAY AS AN ENLISTED MAN IN THE ARMY: CHART YEARS MONTHS DAYS JULY 8. THE OFFICERS' RESERVE CORPS IS A COMPONENT PART OF THE ARMY OF THE UNITED STATES. SERVICE AS A RESERVE OFFICER ON ACTIVE DUTY IS SERVICE IN A MILITARY CAPACITY IN THE ARMY. IS WITHIN THE PROVISIONS OF SECTION 9 OF THE ACT OF JUNE 10. " AND IS AUTHORIZED TO BE INCLUDED IN THE COMPUTATION OF LONGEVITY SERVICE BY ENLISTED MEN IN THE ARMY.

A-81017, NOVEMBER 7, 1936, 16 COMP. GEN. 474

PAY - LONGEVITY - ARMY ENLISTED MEN - OFFICERS' RESERVE CORPS ACTIVE DUTY SERVICE ACTIVE DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS MAY BE INCLUDED BY ENLISTED MEN OF THE ARMY IN COMPUTING SERVICE FOR LONGEVITY PAY UNDER SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629.

ACTING COMPTROLLER GENERAL ELLIOTT TO LIEUTENANT COLONEL C. NEWTON, JR., UNITED STATES ARMY, NOVEMBER 7, 1936:

THERE HAS BEEN RECEIVED YOUR REQUEST OF SEPTEMBER 16, 1936, FILE 242.12, FOR ADVANCE DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL PAY ROLL OF HEADQUARTERS DETACHMENT, EIGHTH CORPS AREA, FORT SAM HOUSTON, TEX., ON WHICH IS STATED THE CLAIM UNDER SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, OF PRIVATE (1ST CL.) GERHARDT J. LEUBBEN FOR $7.59, COVERING THE DIFFERENCE BETWEEN LONGEVITY PAY FOR OVER 4 YEARS' SERVICE AND FOR OVER 8 YEARS' SERVICE FROM FEBRUARY 18, 1936, TO AUGUST 31, 1936.

THE CLAIM IS STATED ON THE VOUCHER, AS FOLLOWS:

LUEBBEN, GERHARDT J. 6248245 FEB 18/36 8 3C

(8 YEARS' SERVICE 3D CLASS SPECIALIST

RATING)

COMPLETED 8 YRS SERV FOR LONGEVITY PAY JULY 25, 1935. DUE SOL DIFFERENCE IN PAY BETWEEN PVT OVER 4 YRS SERV AND PVT OVER 8 YRS SERV FROM FEB 18/36 TO JULY 5/36. (APTD PVT. 1CL FR PVT PP 28 SO 94, HQ 8TH CA 7/6/36) DUE SOL DIFFERENCE IN PAY BETWEEN PVT 1CL OVER 4 YRS SERV AND PVT 1CL OVER 8 YRS SERV FROM JULY 6/36 TO AUG 31/36 INCL. LAST PD TO INCLUDE AUGUST 31/36 (FOR OVER 4 YRS SERV) BY C. NEWTON, JR., LT COL., F.D. (COPY OF AUTHORITY FILED HEREWITH).

THE QUESTION IS WHETHER ACTIVE DUTY AS A RESERVE OFFICER FOR THE FOLLOWING PERIODS MAY BE INCLUDED IN THE COMPUTATION OF SERVICE FOR LONGEVITY PAY AS AN ENLISTED MAN IN THE ARMY:

CHART

YEARS MONTHS DAYS JULY 8, 1923, TO JULY 22, 1923 ------------- 0 0 15 AUG. 16, 1925, TO AUG. 30, 1925 ------------ 0

0 15 JUNE 16, 1927, TO JUNE 30, 1927 ------------ 0 0 15 JULY 1, 1927, TO JULY 14, 1927 ------------- 0 0 14 APR. 1, 1929, TO APR. 14, 1929 -------- ----- 0 0 14 JULY 19, 1931, TO AUG. 1, 1931 ------------- 0

0 14 SEPT. 23, 1923, TO JUNE 15, 1934 ----------- 0 8 23 AUG. 23, 1934, TO DEC. 31, 1935 ------------ 1 4 8

TOTAL -------------------------------- 2 3 28

SECTION 37A OF THE NATIONAL DEFENSE ACT (10 U.S.C., 369) PROVIDES THAT THE PRESIDENT MAY ORDER RESERVE OFFICERS TO ACTIVE DUTY AT ANY TIME AND FOR ANY PERIOD, BUT THAT IN TIME OF PEACE NO RESERVE OFFICER SHALL BE EMPLOYED ON ACTIVE DUTY FOR MORE THAN 15 DAYS IN ANY CALENDAR YEAR WITHOUT HIS OWN CONSENT. THE OFFICERS' RESERVE CORPS IS A COMPONENT PART OF THE ARMY OF THE UNITED STATES; SERVICE AS A RESERVE OFFICER ON ACTIVE DUTY IS SERVICE IN A MILITARY CAPACITY IN THE ARMY; IS WITHIN THE PROVISIONS OF SECTION 9 OF THE ACT OF JUNE 10, 1922, PROVIDING FOR A PERCENTAGE INCREASE OF PAY TO ENLISTED MEN OF THE ARMY "FOR EACH 4 YEARS OF SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT NOT TO EXCEED 25 PERCENTUM," AND IS AUTHORIZED TO BE INCLUDED IN THE COMPUTATION OF LONGEVITY SERVICE BY ENLISTED MEN IN THE ARMY. WHILE THE CLAIMANT MAY INCLUDE 2 YEARS 3 MONTHS 28 DAYS' ACTIVE DUTY SERVICE AS A RESERVE OFFICER IN THE COMPUTATION OF HIS LONGEVITY PAY AS AN ENLISTED MAN, HE HAS NOT COMPLETED OVER 8 YEARS' SERVICE ACCORDING TO A REPORT RECEIVED FROM THE ADJUTANT GENERAL, WHICH SHOWS ONLY 4 YEARS 9 MONTHS 2 DAYS' SERVICE OTHER THAN IN THE OFFICERS' RESERVE CORPS, AT THE TIME OF ENTERING UPON SERVICE UNDER HIS ENLISTMENT OF FEBRUARY 18, 1936. THE OTHER CREDITABLE SERVICE REPORTED BY THE ADJUTANT GENERAL IS AS FOLLOWS:

CHART

YEARS MONTHS DAYS JULY 6, 1916, TO FEB. 28, 1917 ------------- 0 7 23 AUG. 15, 1917, TO SEPT. 4, 1919 ----------- 2

0 20 AUG. 27, 1931, TO SEPT. 15, 1933 ----------- 2 0 19

TOTAL -------------------------------- 4 9 2

IF AND WHEN THIS SOLDIER HAS COMPLETED 8 YEARS' SERVICE ENTITLING HIM TO AN INCREASE IN LONGEVITY PAY, A STATEMENT OF ALL HIS SERVICE SHOULD BE ATTACHED TO THE VOUCHER ON WHICH HE IS PAID. AS ON THE REPORT OF THE ADJUTANT GENERAL NO PAYMENT IS DUE THE SOLDIER FOR LONGEVITY PAY, THE SUPPLEMENTAL VOUCHER SUBMITTED BY YOU WILL BE RETAINED IN THIS OFFICE.