A-9110, MAY 13, 1925, 4 COMP. GEN. 942

A-9110: May 13, 1925

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1925: I HAVE YOUR LETTER OF APRIL 10. ONE SECOND LEADER WHOSE PAY SHALL BE $200 PER MONTH AND WHO SHALL HAVE THE ALLOWANCES OF A SERGEANT MAJOR. SUCH MUSICIANS OF THE BAND TO HAVE THE ALLOWANCES OF A SERGEANT: PROVIDED. THAT THE SECOND LEADER AND MUSICIANS OF THE BAND SHALL RECEIVE THE SAME INCREASES FOR LENGTH OF SERVICE AND THE SAME ENLISTMENT ALLOWANCE OR GRATUITY FOR REENLISTING AS IS NOW OR MAY HEREAFTER BE PROVIDED FOR OTHER ENLISTED MEN OF THE MARINE CORPS: PROVIDED FURTHER. SHALL APPLY IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST AND WHO HAVE BEEN RETIRED SINCE JUNE 30. PRIOR TO THE ABOVE ACT THE PAY AND ALLOWANCES OF MEMBERS OF THE MARINE BAND WERE PROVIDED BY THE ACT OF AUGUST 29.

A-9110, MAY 13, 1925, 4 COMP. GEN. 942

MARINE BAND PAY - ACTIVE DUTY AND RETIRED THIS DECISION INVOLVES VARIOUS QUESTIONS AS TO PAY AND ALLOWANCES OF THE LEADERS AND MEMBERS OF THE MARINE BANK, BOTH WHEN ON ACTIVE DUTY AND WHEN RETIRED, IN ACCORDANCE WITH THE ACT OF MARCH 4, 1925, 43 STAT. 1274. FOR POINTS INVOLVED SEE DECISION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 13, 1925:

I HAVE YOUR LETTER OF APRIL 10, 1925, REQUESTING DECISION OF CERTAIN QUESTIONS SUBMITTED BY THE PAYMASTER, UNITED STATES MARINE CORPS, RELATING TO THE PAY AND ALLOWANCES OF MEMBERS OF THE MARINE BAND UNDER SECTION 11 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1274, WHICH PROVIDES:

THAT THE BAND OF THE UNITED STATES MARINE CORPS SHALL CONSIST OF ONE LEADER WHOSE PAY AND ALLOWANCES SHALL BE THOSE OF A CAPTAIN IN THE MARINE CORPS; ONE SECOND LEADER WHOSE PAY SHALL BE $200 PER MONTH AND WHO SHALL HAVE THE ALLOWANCES OF A SERGEANT MAJOR; TEN PRINCIPAL MUSICIANS WHOSE PAY SHALL BE $150 PER MONTH; TWENTY-FIVE FIRST-CLASS MUSICIANS WHOSE PAY SHALL BE $125 PER MONTH; TWENTY SECOND-CLASS MUSICIANS WHOSE PAY SHALL BE $100 PER MONTH; AND TEN THIRD-CLASS MUSICIANS WHOSE PAY SHALL BE $85 PER MONTH; SUCH MUSICIANS OF THE BAND TO HAVE THE ALLOWANCES OF A SERGEANT: PROVIDED, THAT THE SECOND LEADER AND MUSICIANS OF THE BAND SHALL RECEIVE THE SAME INCREASES FOR LENGTH OF SERVICE AND THE SAME ENLISTMENT ALLOWANCE OR GRATUITY FOR REENLISTING AS IS NOW OR MAY HEREAFTER BE PROVIDED FOR OTHER ENLISTED MEN OF THE MARINE CORPS: PROVIDED FURTHER, THAT THE PAY AUTHORIZED HEREIN FOR THE SECOND LEADER AND THE MUSICIANS OF THE BAND SHALL BE EFFECTIVE FROM JULY 1, 1922, AND SHALL APPLY IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922: PROVIDED FURTHER, THAT IN THE EVENT OF PROMOTION OF THE SECOND LEADER, OR A MUSICIAN OF THE BAND TO LEADER OF THE BAND, ALL SERVICE AS SUCH SECOND LEADER, OR AS SUCH MUSICIAN OF THE BAND, OR BOTH, SHALL BE COUNTED IN COMPUTING LONGEVITY INCREASE IN PAY: AND PROVIDED FURTHER, THAT HEREAFTER DURING CONCERT TOURS APPROVED BY THE PRESIDENT, MEMBERS OF THE MARINE BAND SHALL SUFFER NO LOSS OF ALLOWANCES.

PRIOR TO THE ABOVE ACT THE PAY AND ALLOWANCES OF MEMBERS OF THE MARINE BAND WERE PROVIDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 612. IN THE DECISIONS OF THIS OFFICE OF JULY 17, 1922, 2 COMP. GEN. 25, AND NOVEMBER 29, 1922, IDEM 353, IT WAS HELD THAT ON AND AFTER JULY 1, 1922, THE LEADER OF THE MARINE BAND WAS CLASSIFIED IN THE THIRD PAY PERIOD UNDER THE ACT OF JUNE 10, 1922, AND THAT THE SECOND LEADER OF THE MARINE BAND WAS NOT ENTITLED TO 10 PERCENT ADDITIONAL PAY FOR LENGTH OF SERVICE UNDER PARAGRAPH 2, ACT OF JUNE 4, 1920, 41 STAT. 761, AND THAT THE SECOND LEADER AND THE MUSICIANS OF THE MARINE BAND WERE NOT ENTITLED TO 20 PERCENT INCREASE OF PAY UNDER ACTS OF MAY 18, 1920, 41 STAT. 602, SECTION 4, AND JUNE 4, 1920, 41 STAT. 761, SECTION 4B, PARAGRAPH 1, AND TO PAY FOR GOOD- CONDUCT MEDALS, WHICH ADDITIONAL PAY THEY HAD BEEN RECEIVING TO THE INCLUDING JUNE 30, 1922.

THE GENERAL PURPOSE OF THE PROVISION IN THE ACT OF MARCH 4, 1925, QUOTED SUPRA, WAS TO RESTORE SUBSTANTIALLY THE RATES OF PAY WHICH WERE PAID THE SECOND LEADER AND THE MUSICIANS OF THE BAND ON AND PRIOR TO JUNE 30, 1922. (SEE H.REP.NO. 31, 68TH CONGR., 1ST SESS.; S.REPT. NO. 1072, 68TH CONG., 2D SESS.) THE QUESTIONS PRESENTED ARE STATED AND ANSWERED IN THE ORDER SUBMITTED, AS FOLLOWS:

FIRST. HAVING IN VIEW SECTION 1 OF THE ACT OF JUNE 10, 1922, WHICH PROVIDES IN PART THAT:

"THE PROVISIONS OF THIS ACT SHALL APPLY EQUALLY TO THOSE PERSONS SERVING, NOT AS COMMISSIONED OFFICERS * * *, BUT WHOSE PAY UNDER EXISTING LAW IS AN AMOUNT EQUIVALENT TO A COMMISSIONED OFFICER OF ONE OF THE ABOVE GRADES, THOSE RECEIVING THE PAY OF * * * CAPTAIN, * * * BEING CLASSIFIED AS IN THE * * * THIRD * * * PERIODS RESPECTIVELY,"

(A) IS THE LEADER OF THE BAND, WITH LESS THAN TEN YEARS' SERVICE, LIMITED TO THE PAY AND ALLOWANCES OF THE SECOND PAY PERIOD?

(B) IS THE LEADER OF THE BAND, WITH OVER SEVENTEEN YEARS' SERVICE, ENTITLED TO THE PAY AND ALLOWANCES OF THE FOURTH PAY PERIOD?

THE ACT OF AUGUST 29, 1916, 39 STAT. 612, PROVIDED THAT THE PAY AND ALLOWANCES OF THE LEADER OF THE MARINE BAND "SHALL BE THOSE OF A CAPTAIN IN THE MARINE CORPS.' THIS WAS THE "EXISTING LAW" GOVERNING THE PAY OF THE LEADER OF THE BAND AT THE TIME OF THE ENACTMENT OF THE ACT OF JUNE 10, 1922. AS THE LEADER OF THE BAND WAS A PERSON SERVING, NOT AS A COMMISSIONED OFFICER, BUT WHOSE PAY UNDER THE THEN EXISTING LAW WAS AN AMOUNT EQUIVALENT TO THAT OF A COMMISSIONED OFFICER OF ONE OF THE PAY GRADES CREATED BY THE ACT OF JUNE 10, 1922, HE WAS BY THE EXPRESS TERMS OF THE PROVISION OF THE ACT OF JUNE 10, 1922, QUOTED SUPRA, CLASSIFIED IN THE THIRD PAY PERIOD, WITHOUT REGARD TO LENGTH OF SERVICE.

THE SAID ACT OF MARCH 4, 1925, IN REENACTING THE PROVISION IN THE ACT OF AUGUST 29, 1916, RELATING TO THE PAY AND ALLOWANCES OF THE LEADER OF THE BAND, EFFECTED NO CHANGE IN THE LAW GOVERNING THE PAY AND ALLOWANCES OF SUCH LEADER.

QUESTIONS (A) AND (B) ARE ACCORDINGLY ANSWERED IN THE NEGATIVE.

SECOND. COMPUTATION OF LONGEVITY PAY OF SECOND LEADER AND MUSICIANS OF THE BAND. UNDER THE PROVISION:

"THAT THE SECOND LEADER AND MUSICIANS OF THE BAND SHALL RECEIVE THE SAME INCREASES FOR LENGTH OF SERVICE * * * AS IS NOW OR MAY HEREAFTER BE PROVIDED FOR OTHER ENLISTED MEN OF THE MARINE PS," ARE SAID SECOND LEADER AND MUSICIANS ENTITLED TO COUNT ALL SERVICE IN THE ARMY, NAVY, MARINE COPRS, AND COAST GUARD, AS WELL AS SERVICE IN THE BAND OF THE U.S. MARINE CORPS, IN COMPUTING LONGEVITY PAY AS PROVIDED BY SECTION 9 OF THE ACT OF JUNE 10, 1922?

SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, REFERRED TO, PROVIDES:

* * * COMMENCING JULY 1, 1922, * * * ENLISTED MEN OF THE * * * MARINE CORPS, SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 5 PERCENTUM OF THEIR BASE PAY FOR EACH FOUR YEARS OF SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT NOT TO EXCEED 25 PERCENTUM * *

AS THERE IS NO RESTRICTION IN THE ACT OF MARCH 4, 1925, LIMITING THE SERVICE THAT MAY BE COUNTED FOR THE PURPOSE OF LONGEVITY PAY BY THE SECOND LEADER AND THE MUSICIANS OF THE BAND TO SERVICE IN THE BAND THEY ARE ENTITLED TO COUNT ANY AND ALL SERVICE THAT MAY BE COUNTED BY OTHER ENLISTED MEN OF THE MARINE CORPS.

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

THIRD: ENLISTMENT ALLOWANCE. UNDER THE PROVISION:

"THAT THE SECOND LEADER AND MUSICIANS OF THE BAND SHALL RECEIVE THE * * * SAME ENLISTMENT ALLOWANCE OR GRATUITY FOR REENLISTING AS IS NOW OR MAY HEREAFTER BE PROVIDED FOR OTHER ENLISTED MEN OF THE MARINE CORPS," WHAT ENLISTMENT ALLOWANCE ARE THEY ENTITLED TO RECEIVE UPON REENLISTING IN THE BAND OF THE U.S. MARINE CORPS?

THE SAID ACT OF MARCH 4, 1925, ALSO PROVIDES THAT THE SECOND LEADER SHALL HAVE THE ALLOWANCES OF A SERGEANT MAJOR, AND THE MUSICIANS OF THE BAND THE ALLOWANCES OF A SERGEANT. A SERGEANT MAJOR AND SERGEANT ARE ENTITLED TO AN ENLISTMENT ALLOWANCE AS PROVIDED IN SECTION 9 OF THE ACT OF JUNE 10, 1922. THE SECOND LEADER AND THE MUSICIANS OF THE BAND ARE THEREFORE ENTITLED TO AN ENLISTMENT ALLOWANCE IN THE SAME AMOUNT AND UNDER THE SAME CONDITIONS AS A SERGEANT MAJOR AND A SERGEANT, RESPECTIVELY, ARE ENTITLED UNDER THE ACT OF JUNE 10, 1922. SEE 2 COMP. GEN. 353.

THIS QUESTION IS ANSWERED ACCORDINGLY.

FOURTH. UNDER THE PROVISION:

"THAT IN THE EVENT OF PROMOTION OF THE SECOND LEADER, OR A MUSICIAN OF THE BAND TO LEADER OF THE BAND, ALL SERVICE AS SUCH SECOND LEADER OR AS SUCH MUSICIAN OF THE BAND, OR BOTH, SHALL BE COUNTED IN COMPUTING LONGEVITY INCREASE IN PAY.'

WILL SUCH SECOND LEADER OR MUSICIAN, UPON APPOINTMENT AS LEADER OF THE BAND, BE ENTITLED TO THE SAME PAY AS A CAPTAIN; THAT IS, IF APPOINTED WITH LESS THAN TEN YEARS' SERVICE TO SECOND PERIOD PAY, OVER TEN YEARS' SERVICE OR LESS THAN SEVENTEEN YEARS' SERVICE TO THIRD PERIOD PAY, AND OVER SEVENTEEN YEARS' SERVICE TO FOURTH PERIOD PAY?

THIS PROVISION DOES NOT AFFECT THE PERIOD OR BASE PAY OF THE LEADER OF THE BAND IN THE EVENT OF PROMOTION THERETO OF THE SECOND LEADER OR A MUSICIAN OF THE BAND. IT MERELY AUTHORIZES THE COUNTING OF THE PRIOR SERVICE IN THE BAND IN COMPUTING THE LONGEVITY PAY OF SUCH APPOINTEE. COMP. GEN. 212. THE PERIOD OR BASE PAY OF THE LEADER OF THE BAND HAVING BEEN DETERMINED AS THAT OF THE THIRD PERIOD UNDER THE ACT OF JUNE 10, 1922, IT SO REMAINS AS LONG AS THE POSITION IS FILLED BY A PERSON WHO IS NOT A COMMISSIONED OFFICER UNTIL CHANGED BY LAW.

FIFTH. UNDER THE PROVISION:

"THAT THE PAY AUTHORIZED HEREIN FOR THE SECOND LEADER AND THE MUSICIANS OF THE BAND SHALL BE EFFECTIVE FROM JULY 1, 1922, AND SHALL APPLY IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922.'

WHAT WILL BE THE BASIS OF COMPUTING THE PAY OF RETIRED ENLISTED MEN OF THE BAND OF THE U.S. MARINE CORPS, RETIRED PRIOR TO JULY 1, 1922?

THE QUESTION PRESENTED IS WHETHER THE NEW RATES OF PAY PROVIDED IN SAID ACT OF MARCH 4, 1925, ARE APPLICABLE IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND RETIRED PRIOR TO JULY 1, 1922.

THE WORD "NOW" IS APPARENTLY USED IN THE ABOVE PROVISION IN ITS ORDINARY MEANING AS REFERRING TO THE PRESENT TIME AS OF THE DATE OF THE ACT, AND THE ADDITIONAL CLAUSE "AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922," WAS EVIDENTLY INTENDED AS AN ADDITIONAL LIMITATION OR QUALIFICATION, SO AS TO CONFINE THE NEW RATES OF PAY IN THEIR APPLICATION TO THE RETIRED MEMBERS OF THE BAND TO THOSE WHO WERE RETIRED SINCE JUNE 30, 1922, AND THUS BY NECESSARY IMPLICATION TO EXCLUDE FROM THE BENEFITS OF THE ACT THOSE RETIRED PRIOR TO JULY 1, 1922.

THAT THIS WAS THE INTENTION OF THE ACT IS CONFIRMED BY A REVIEW OF THIS LEGISLATION.

AS ORIGINALLY INTRODUCED THIS PROVISION READ:

THAT THE PAY AUTHORIZED HEREIN FOR THE SECOND LEADER AND THE MUSICIANS OF THE BAND SHALL BE EFFECTIVE FROM JULY 1, 1922, AND SHALL APPLY IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST.

(SEE SEC. 14, S. 4137, 67TH CONG., 4TH SESS.; SEC. 12, H.R. 7864, 67TH CONG., 4TH SESS.REPT.NO. 1061.)

IN THE REPORT OF THIS OFFICE OF FEBRUARY 12, 1923, TO THE CHAIRMEN OF THE SENATE AND HOUSE COMMITTEES ON NAVAL AFFAIRS, AS TO THE EFFECT OF THE PROPOSED LEGISLATION IN REGARD TO THE MARINE BAND CONTAINED IN S. 4137, IT WAS STATED IN REGARD TO THE PROVISION RELATING TO THE RETIRED MEMBERS:

IN ADDITION * * * THIS SECTION 14, PAGE 16, LINES 10 TO 13, PROPORTIONATELY PERMANENTLY INCREASES THE PAY OF ALL FORMER MEMBERS OF THE MARINE BAND FROM SECOND LEADER AND BELOW NOW ON THE RETIRED LIST * * *.

THE PROVISION WAS SUBSEQUENTLY AMENDED OR CHANGED BY ADDING THE CLAUSE "AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922.' (SEE H.R. 2688, 68TH CONG., 1ST SESS.) THIS BILL AS AMENDED WAS PASSED AND APPROVED ON MARCH 4, 1925, THE PROVISIONS IN REGARD TO THE MARINE BAND APPEARING AS SECTION 11 OF THAT ACT AND AS QUOTED SUPRA.

AS ORIGINALLY INTRODUCED THE WORDS "FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST," WERE BROAD ENOUGH TO INCLUDE ALL RETIRED MEMBERS OF THE BAND WHETHER RETIRED PRIOR TO JULY 1, 1922, OR SINCE JUNE 30, 1922. ADDING THE CLAUSE "AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922, IT WAS EVIDENTLY INTENDED TO RESTRICT OR LIMIT THE APPLICATION OF THE ACT TO THOSE RETIRED SINCE JUNE 30, 1922.

YOU ARE ADVISED, THEREFORE, THAT THE PROVISION IN QUESTION HAS NO APPLICATION IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND RETIRED PRIOR TO JULY 1, 1922.

SIXTH. WHAT EFFECT DOES THE ABOVE PROVISION HAVE ON THE PAY OF A RETIRED ENLISTED MAN IN THE BAND OF THE U.S. MARINE CORPS, TRANSFERRED TO THE FLEET MARINE CORPS RESERVE PRIOR TO JULY 1, 1922, AND RETIRED SUBSEQUENT TO JULY 1, 1922?

THE PROVISION OF THE ACT OF AUGUST 29, 1916, 39 STAT. 591, RELATIVE TO TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE, AND MADE APPLICABLE BY THE ACT TO TRANSFERRED MEMBERS OF THE FLEET MARINE CORPS RESERVE, PROVIDES:

* * * THEY MAY, UPON THEIR OWN REQUEST, UPON COMPLETING THIRTY YEARS' SERVICE, INCLUDING NAVAL AND FLEET NAVAL RESERVE SERVICE, BE PLACED ON THE RETIRED LIST OF THE NAVY WITH THE PAY THEY WERE THEN RECEIVING PLUS THE ALLOWANCES TO WHICH ENLISTED MEN OF THE SAME RATING ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' NAVAL SERVICE * * *.

THE "PAY THEY WERE THEN RECEIVING" IS THE RETAINER PAY, IN AN AMOUNT PRESCRIBED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 590, AS FOLLOWS:

MEMBERS OF THE FLEET NAVAL RESERVE WHO HAVE, WHEN TRANSFERRED TO THE FLEET NAVAL RESERVE, COMPLETED NAVAL SERVICE OF SIXTEEN OR TWENTY OR MORE YEARS SHALL BE PAID A RETAINER AT THE RATE OF ONE-THIRD AND ONE HALF, RESPECTIVELY, OF THE BASE PAY THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE PLUS ALL PERMANENT ADDITIONS THERETO * * *.

IN 2 COMP. GEN. 762, IT WAS HELD THAT THE FACT THAT TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE RETIRED PRIOR TO JULY 1, 1922, ARE BORNE ON THE RETIRED LIST OF THE NAVY DOES NOT ENTITLE THEM TO THE RETIRED PAY PRESCRIBED BY THE ACT OF JUNE 10, 1922, 42 STAT. 630, FOR RETIRED ENLISTED MEN OF THE NAVY; THEY ARE ONLY ENTITLED TO THE RETIRED PAY PRESCRIBED FOR THEM BY THE ACT OF AUGUST 29, 1916, 39 STAT. 591, IT BEING SAID THEREIN THAT WHEN ENLISTED MEN OF THE NAVY WERE TRANSFERRED TO THE FLEET NAVAL RESERVE--- THEY CEASED FOR ALL PURPOSES TO BE ENLISTED MEN OF THE NAVY AND BECAME THEREAFTER FOR ALL PURPOSES, INCLUSIVE OF RETIREMENT, FLEET NAVAL RESERVISTS. ENLISTED MEN OF THE NAVY ARE ONE CLASS OF MEN, WITH THEIR OWN STATUTES, INCLUSIVE OF RETIREMENT, APPLICABLE TO THEM; TRANSFERRED FLEET NAVAL RESERVISTS ARE, ON THE OTHER HAND, ANOTHER CLASS, WITH THEIR OWN SEPARATE STATUTES APPLYING TO THEM, INCLUSIVE OF THAT FOR THEIR RETIREMENT * * *.

TO THE SAME EFFECT IS 12 MS. COMP. GEN. 1415, AUGUST 18, 1922, WITH RESPECT TO THE FLEET MARINE CORPS RESERVE.

APPLYING THE PRINCIPLE OF SAID DECISIONS TO A MEMBER OF THE BAND TRANSFERRED TO THE FLEET MARINE CORPS RESERVE PRIOR TO JULY 1, 1922, HE CEASED TO BE A MEMBER OF THE BAND WHEN SO TRANSFERRED AND WAS THEREAFTER A MEMBER OF THE FLEET MARINE CORPS RESERVE, AND WHEN RETIRED THEREAFTER WHETHER PRIOR OR SUBSEQUENT TO JULY 1, 1922, HE RETIRED AS A MEMBER OF THE FLEET MARINE CORPS RESERVE AND NOT AS A MEMBER OF THE BAND. THE SAID ACT OF MARCH 4, 1925, DID NOT INCLUDE WITHIN ITS BENEFITS FORMER MEMBERS OF THE BAND TRANSFERRED TO THE FLEET MARINE CORPS RESERVE PRIOR TO JULY 1, 1922. THE PROVISION IN SAID ACT MAKING APPLICABLE THE NEW RATES OF PAY ,IN COMPUTING THE PAY OF FORMER MEMBERS OF THE BAND NOW ON THE RETIRED LIST AND WHO HAVE BEEN RETIRED SINCE JUNE 30, 1922," EVIDENTLY REFERS TO THOSE MEMBERS OF THE BAND WHO WERE RETIRED AS SUCH AND NOT AS MEMBERS OF THE FLEET MARINE CORPS RESERVE.

ANSWERING THE QUESTION SPECIFICALLY, I HAVE TO ADVISE YOU THAT THE SAID PROVISION IN THE ACT OF MARCH 4, 1925, RELATING TO RETIRED MEMBERS OF THE BAND HAS NO EFFECT ON THE PAY OF A FORMER MEMBER OF THE BAND TRANSFERRED TO THE FLEET MARINE CORPS RESERVE PRIOR TO JULY 1, 1922, AND RETIRED SUBSEQUENT TO THAT DATE.