B-13757, DECEMBER 9, 1940, 20 COMP. GEN. 303

B-13757: Dec 9, 1940

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1940: I HAVE YOUR LETTER OF NOVEMBER 30. YOUR DECISION IS THERETOFORE REQUESTED AS TO WHETHER RESERVE OFFICERS' TRAINING CORPS STUDENTS. ARE ENTITLED TO RECEIVE PAY AT THE RATE OF $30 PER MONTH OR WHETHER THEIR PAY IS LIMITED TO $21 PER MONTH. RESERVE OFFICERS' TRAINING CORPS CAMPS ARE PROVIDED FOR IN SECTION 47 (A) (10 U.S.C. 441) AND CONTEMPLATE CAMPS TO BE MAINTAINED FOR A PERIOD OF NOT MORE THAN SIX WEEKS IN ANY ONE YEAR EXCEPT IN TIME OF ACTUAL OR THREATENED HOSTILITIES. THE CONDITIONS FIXED IN THE EXCEPTION OBVIOUSLY ARE NOT APPLICABLE TO MEMBERS OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS WHO HAVE BEEN SELECTED FOR ADVANCED TRAINING. SUCH MEMBERS ARE NOT. IN THE SERVICE OF THE UNITED STATES BUT HAVE AGREED TO TAKE.

B-13757, DECEMBER 9, 1940, 20 COMP. GEN. 303

PAY - LIMITATIONS - RESERVE OFFICERS' TRAINING CORPS MEMBERS SECTION 47 (C) OF THE NATIONAL DEFENSE ACT, AS AMENDED, PROVIDING THAT MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ATTENDING ADVANCED COURSE CAMPS SHALL BE PAID AT THE RATE PRESCRIBED FOR SOLDIERS OF THE SEVENTH GRADE OF THE REGULAR ARMY, CONTEMPLATES PAYMENT AT THE RATE OF $30 PER MONTH, WITHOUT REGARD TO THE EXCEPTIONS STATED IN SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 LIMITING TO $21 PER MONTH THE PAY OF ENLISTED MEN OF THE SEVENTH GRADE WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD OR WHOSE INEFFICIENCY OR OTHER UNFITNESS HAS BEEN DETERMINED UNDER APPLICABLE REGULATIONS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, DECEMBER 9, 1940:

I HAVE YOUR LETTER OF NOVEMBER 30, 1940, AS FOLLOWS:

THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, APPROVED SEPTEMBER 16, 1940 ( PUBLIC, NO. 783, 76TH CONGRESS), PROVIDES IN SEC. 12A THAT THE MONTHLY BASE PAY OF ENLISTED MEN OF THE SEVENTH GRADE SHALL BE $30, "EXCEPT THAT THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD AND OF ENLISTED MENOF THE SEVENTH GRADE WHOSE INEFFICIENCY OR OTHER UNFITNESS HAS BEEN DETERMINED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, AND THE SECRETARY OF THE NAVY, RESPECTIVELY, SHALL BE $21.'

SEC. 47C OF THE NATIONAL DEFENSE ACT AS AMENDED BY THE ACT OF JUNE 4, 1920 (41 STAT. 779), PROVIDES IN PART "THAT MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, OR OTHER PERSONS AUTHORIZED BY THE SECRETARY OF WAR TO ATTEND ADVANCED COURSE CAMPS, SHALL BE PAID FOR ATTENDANCE AT SUCH CAMPS AT THE RATE PRESCRIBED FOR SOLDIERS OF THE SEVENTH GRADE OF THE REGULAR ARMY.'

YOUR DECISION IS THERETOFORE REQUESTED AS TO WHETHER RESERVE OFFICERS' TRAINING CORPS STUDENTS, WHILE IN ATTENDANCE AT TRAINING CAMPS, ARE ENTITLED TO RECEIVE PAY AT THE RATE OF $30 PER MONTH OR WHETHER THEIR PAY IS LIMITED TO $21 PER MONTH.

SECTIONS 40 TO 47 (C) OF THE NATIONAL DEFENSE ACT (GENERALLY 39 STAT. 191, ET SEQ., AND 41 STAT. 778, ET SEQ.) RELATE TO THE ESTABLISHMENT AND CONDUCT OF THE RESERVE OFFICERS' TRAINING CORPS. SECTION 40, AS AMENDED, 10 U.S.C. 381, AUTHORIZES THE PRESIDENT TO ESTABLISH AND MAINTAIN IN CIVIL EDUCATIONAL INSTITUTIONS UNITS OF THE RESERVE OFFICERS' TRAINING CORPS--- A SENIOR DIVISION TO BE ORGANIZED IN UNIVERSITIES, COLLEGES, ETC., AND A JUNIOR DIVISION TO BE ORGANIZED IN OTHER PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS. OTHER SECTIONS (10 U.S.C. 382, ET. SEQ.) PROVIDE FOR THE CONDUCT OF THE RESERVE OFFICERS' TRAINING CORPS, THE ASSIGNMENT OF PERSONNEL FOR INSTRUCTION, THE REQUIREMENTS AS TO ELIGIBILITY FOR MEMBERSHIP, THE ESTABLISHMENT AND MAINTENANCE OF RESERVE OFFICERS' TRAINING CORPS CAMPS (10 U.S.C. 441) AND SECTION 47 (C) (10 U.S.C. 387) PROVIDES THAT WHEN ANY MEMBER OF THE SENIOR DIVISION RESERVE OFFICERS' TRAINING CORPS HAS COMPLETED TWO ACADEMIC YEARS OF SERVICE IN THAT DIVISION AND HAS BEEN SELECTED FOR ADVANCED TRAINING, TOGETHER WITH THE OTHER REQUIREMENTS OF THE STATUTE, AND HAS AGREED IN WRITING TO PURSUE THE COURSE IN CAMP TRAINING PRESCRIBED BY THE SECRETARY OF WAR, HE MAY BE FURNISHED, AT THE EXPENSE OF THE UNITED STATES, COMMUTATION OF SUBSISTENCE AT SUCH RATE, NOT EXCEEDING THE COST OF GARRISON RATION OF THE ARMY, AS MAY BE FIXED BY THE SECRETARY OF WAR DURING THE REMAINDER OF HIS SERVICE IN THE RESERVE OFFICERS' TRAINING CORPS NOT EXCEEDING TWO YEARS, AND CONCLUDES WITH THE PROVISO (10 U.S.C. 443) AS QUOTED IN YOUR LETTER. RESERVE OFFICERS' TRAINING CORPS CAMPS ARE PROVIDED FOR IN SECTION 47 (A) (10 U.S.C. 441) AND CONTEMPLATE CAMPS TO BE MAINTAINED FOR A PERIOD OF NOT MORE THAN SIX WEEKS IN ANY ONE YEAR EXCEPT IN TIME OF ACTUAL OR THREATENED HOSTILITIES.

SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, ESTABLISHES A RATE OF PAY OF $30 PER MONTH FOR ENLISTED MEN OF THE SEVENTH GRADE IN THE REGULAR ARMY AND REGULAR MARINE CORPS WITH THE EXCEPTION QUOTED IN YOUR LETTER. THE PROVISION, AS APPLIED TO ENLISTED MEN OF THE REGULAR ARMY AND REGULAR MARINE CORPS, ESTABLISHES TWO RATES OF PAY, $21 PER MONTH BEING APPLICABLE, FIRST, TO ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD, AND, SECOND, TO ENLISTED MEN OF THE SEVENTH GRADE WHOSE INEFFICIENCY OR UNFITNESS HAS BEEN DETERMINED AS THEREIN PRESCRIBED. THE CONDITIONS FIXED IN THE EXCEPTION OBVIOUSLY ARE NOT APPLICABLE TO MEMBERS OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS WHO HAVE BEEN SELECTED FOR ADVANCED TRAINING--- THE RESERVE OFFICERS' TRAINING CORPS STUDENTS INVOLVED IN YOUR SUBMISSION. SUCH MEMBERS ARE NOT, IN FACT, IN THE SERVICE OF THE UNITED STATES BUT HAVE AGREED TO TAKE, IN CONNECTION WITH THEIR COLLEGE OR UNIVERSITY INSTRUCTION, A COURSE IN MILITARY INSTRUCTION WHICH, UNDER THE STATUTE, MAY LEAD TO A COMMISSION IN THE OFFICERS' RESERVE CORPS (SEC. 47 (B), 10 U.S.C. 354).

THE ACT OF SEPTEMBER 16, 1940, ESTABLISHES A RATE OF PAY FOR ENLISTED MEN OF THE SEVENTH GRADE IN THE REGULAR ARMY WITH CERTAIN EXCEPTIONS, THE EXCEPTIONS NOT BEING APPLICABLE TO MEMBERS OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS SELECTED FOR ADVANCED TRAINING. IN THESE CIRCUMSTANCES THE PROVISION QUOTED BY YOU FROM SECTION 47 (C) OF THE NATIONAL DEFENSE ACT CONTEMPLATES PAYMENT OF THE RATE OF PAY ESTABLISHED FOR ENLISTED MEN OF THE SEVENTH GRADE OF THE REGULAR ARMY, $30 PER MONTH, WITHOUT REFERENCE TO THE EXCEPTION.