B-14503, JANUARY 30, 1941, 20 COMP. GEN. 420

B-14503, JANUARY 30, 1941, 20 COMP. GEN. 420

PAY - LIMITATIONS - FIRST FOUR MONTHS IN INITIAL ENLISTMENT IN DETERMINING THE TIME WHEN AN ENLISTED MAN OF THE REGULAR ARMY HAS HAD 4 MONTHS' SERVICE DURING HIS FIRST ENLISTMENT PERIOD SO AS TO BE ENTITLED TO PAY AT THE RATE OF $30 PER MONTH, INSTEAD OF $21, UNDER THE TERMS OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, PRIOR SERVICE IN THE NATIONAL GUARD NOT IN THE ACTUAL SERVICE OF THE UNITED STATES MAY NOT BE COUNTED.

ASSISTANT GENERAL GENERAL ELLIOTT TO MAJ. M. F. W. OLIVER, UNITED STATES ARMY, JANUARY 30, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 16, 1940, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY STEVE H. MARROS $18 AS DIFFERENCE IN PAY BETWEEN THAT OF PRIVATE AT $21 PER MONTH AND THAT OF PRIVATE AT $30 PER MONTH FOR THE PERIOD OCTOBER 1 TO NOVEMBER 30, 1940, INCLUSIVE, AS REPRESENTED ON SUPPLEMENTARY PAY ROLLS OF THE DEPARTMENT OF THE FINANCE DEPARTMENT, PRESIDIO OF MONTEREY, CALIF., FOR THE MONTH OF NOVEMBER 1940.

REMARKS ON THE PAY ROLL SHOW THAT PRIOR TO ENLISTING IN THE REGULAR ARMY SEPTEMBER 10, 1940, MARROS HAD SERVED IN THE NATIONAL GUARD OF SOUTH DAKOTA AS FOLLOWS:

ENL. AND QUAL. FOR 3 YEARS. OCT. 2/39, HQS. AND SER. CO. 109TH ENG., SOUTH DAKOTA, N.G. HON. DISCH. AS PVT. DEC. 12/39 PAR. I SO 174 AGO SD DEC. 12/39 ACCT. BUSINESS REASONS. ENL. AND QUAL. FOR 3 YRS. APRIL 22/40, HQS. AND SER. CO. 109TH ENG. SOUTH DAKOTA, N.G. HON. DISCH. PVT. JULY 22/40 PAR. 5, SO 90 AGO, SD. JULY 22/40. ACCT. REMOVAL FROM STATE OF SOUTH DAKOTA.

THE PROPOSED PAYMENT IS BASED ON PARAGRAPH (A) OF SECTION 12 OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895, IN PART AS FOLLOWS:

THE MONTHLY BASE PAY OF ENLISTED MEN OF THE ARMY AND MARINE CORPS SHALL BE AS FOLLOWS: * * * ENLISTED MEN OF THE SEVENTH GRADE, $30; EXCEPT THAT THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN 4 MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD AND OF ENLISTED MEN OF 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. * * *

IN DECISION OF OCTOBER 3, 1940, B-12506, TO THE SECRETARY OF THE NAVY, IT WAS SAID, IN RESPONSE TO A QUESTION WHETHER AN ENLISTED MAN OF THE REGULAR NAVY OR REGULAR MARINE CORPS WHO HAS LESS THAN 4 MONTHS OF SERVICE IN SUCH ENLISTMENT BUT WHO HAD, PRIOR TO HIS ENLISTMENT IN THE REGULAR ESTABLISHMENT, SERVICE IN THE NAVAL RESERVE OR MARINE CORPS RESERVE, COULD COUNT SUCH RESERVE SERVICE FOR THE PURPOSE OF COMPUTING THE REQUIRED 4 MONTHS OF SERVICE IN HIS FIRST ENLISTMENT PERIOD:

ANSWERING YOUR QUESTION (D-3), THE PROVISION IN SECTION 12 OF THE ACT OF SEPTEMBER 16, 1940, IS TO ESTABLISH PAY FOR ENLISTED MEN OF THE REGULAR ARMY AND REGULAR MARINE CORPS, AND THE ASSIMILATING PROVISION AS TO THE NAVY, WHICH GIVES TO ENLISTED MEN OF THE NAVY THE INCREASED PAY THEREIN PROVIDED, APPLIES TO THE REGULAR NAVY. ACCORDINGLY, A MAN ENLISTED IN THE REGULAR NAVY OR REGULAR MARINE CORPS AFTER SERVICE IN THE REGULAR RESERVE OR MARINE CORPS RESERVE COULD NOT INCLUDE SERVICE IN THE NAVAL OR MARINE CORPS RESERVE AS A PART OF HIS FIRST ENLISTMENT PERIOD IN THE REGULAR NAVY. ACCORDINGLY, THE PROVISION FOR PAYMENT OF $21 PER MONTH TO ENLISTED MEN DURING THE INITIAL 4 MONTHS' SERVICE IN THE FIRST ENLISTMENT IN THE REGULAR SERVICE APPLIES TO ENLISTED MEN FIRST ENLISTED IN THE REGULAR NAVY FOLLOWING ENLISTED SERVICE IN THE NAVAL OR MARINE CORPS RESERVE.

ACCORDINGLY, SERVICE IN THE NATIONAL GUARD NOT IN THE ACTUAL SERVICE OF THE UNITED STATES MAY NOT BE COUNTED AS SERVICE UNDER THE ENLISTMENT IN THE REGULAR ARMY, AND YOU ARE NOT AUTHORIZED TO PAY MARROS THE DIFFERENCE OF PAY REPRESENTED ON THE SUPPLEMENTARY PAY ROLL IN QUESTION. SAID PAY ROLL IS RETAINED IN THE FILES OF THIS OFFICE.