B-14862, MARCH 17, 1941, 20 COMP. GEN. 520

B-14862: Mar 17, 1941

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IS NOT ENTITLED TO COUNT ANY PORTION OF HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE. FOR DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LT. WHETHER THE ADDITIONAL PAYMENT IS AUTHORIZED DEPENDS UPON WHETHER SUCH OFFICER IS ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES CERTAIN TIME DURING WHICH HE HELD A COMMISSION IN THE NATIONAL GUARD RESERVE. THOMPSON WAS A FIRST LIEUTENANT IN THE NATIONAL GUARD RESERVE. THOMPSON IS AN OFFICER OF THE NATIONAL GUARD OF THE UNITED STATES AND THAT ON OCTOBER 7. HE WAS ORDERED TO ACTIVE DUTY PURSUANT TO PUBLIC RESOLUTION NO. 96. HE IS ENTITLED TO FEDERAL PAY AS PROVIDED IN SECTION 3 OF THE ACT OF JUNE 10.

B-14862, MARCH 17, 1941, 20 COMP. GEN. 520

PAY - LONGEVITY - NATIONAL GUARDSMEN IN ACTIVE FEDERAL SERVICE - PRIOR NATIONAL GUARD RESERVE SERVICE AN OFFICER OF THE NATIONAL GUARD ORDERED TO ACTIVE DUTY PURSUANT TO PUBLIC RESOLUTION NO. 96, AUGUST 27, 1940, AND THUS ENTITLED TO FEDERAL PAY AS PROVIDED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, IS NOT ENTITLED TO COUNT ANY PORTION OF HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE, OR INACTIVE NATIONAL GUARD, FOR LONGEVITY PAY PURPOSES, THE NATIONAL GUARD RESERVE NOT BEING INCLUDED IN THE TERM " NATIONAL GUARD" AS USED IN SAID SECTION 3.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. A. J. MAXWELL, UNITED STATES ARMY, MARCH 17, 1941:

THERE HAS BEEN CONSIDERED YOUR REQUEST DATED JANUARY 24, 1941, FOR DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A SUPPLEMENTAL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF LT. COL. ANDREW H. THOMPSON, QUARTERMASTER CORPS, N.G.U.S., COVERING THE DIFFERENCE BETWEEN LONGEVITY PAY FOR SUCH OFFICER FOR OVER 12 YEARS' SERVICE AND FOR OVER 15 YEARS' SERVICE FOR THE PERIOD OCTOBER 7 TO DECEMBER 31, 1940.

WHETHER THE ADDITIONAL PAYMENT IS AUTHORIZED DEPENDS UPON WHETHER SUCH OFFICER IS ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES CERTAIN TIME DURING WHICH HE HELD A COMMISSION IN THE NATIONAL GUARD RESERVE. THE OFFICIAL NATIONAL GUARD REGISTER FOR THE YEAR 1939 INDICATES, ON PAGE 812, THAT LT. COL. ANDREW H. THOMPSON WAS A FIRST LIEUTENANT IN THE NATIONAL GUARD RESERVE, INFANTRY, FROM JANUARY 8, 1931, TO NOVEMBER 1, 1933.

IT APPEARS FROM THE FACTS SUBMITTED THAT LT. COL. THOMPSON IS AN OFFICER OF THE NATIONAL GUARD OF THE UNITED STATES AND THAT ON OCTOBER 7, 1940, HE WAS ORDERED TO ACTIVE DUTY PURSUANT TO PUBLIC RESOLUTION NO. 96, APPROVED AUGUST 27, 1940. THEREFORE, HE IS ENTITLED TO FEDERAL PAY AS PROVIDED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF MAY 31, 1924 (37 U.S.C. 7), WHICH PROVIDES:

THAT WHEN OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY. SUCH OFFICERS WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT IN ADDITION TO BASE PAY PROVIDED BUT NOT EXCEEDING THE MAXIMUM PAY PRESCRIBED BY LAW, AN INCREASE THEREOF AT THE PERCENTUM AND TIME RATES UP TO THIRTY YEARS PROVIDED IN THE TENTH PARAGRAPH OF SECTION 1. IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE, WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE PERFORMED ACTIVE DUTY UNDER RESERVE COMMISSIONS, AND WITH ONE HALF TIME FOR ALL OTHER PERIODS DURING WHICH THEY HAVE HELD RESERVE COMMISSIONS.

THE TITLE OF THE SAID ACT OF JUNE 10, 1922, IS AS FOLLOWS:

AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE.

IN VIEW OF THE PROVISIONS OF SECTION 3, SUPRA, AS TO THE PERIODS OF SERVICE WHICH MAY BE COUNTED IN COMPUTING LONGEVITY PAY FOR OFFICERS OF THE NATIONAL GUARD AUTHORIZED TO RECEIVE FEDERAL PAY, IT DOES NOT APPEAR THAT COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE IS SUCH SERVICE AS WOULD ENTITLE AN OFFICER TO LONGEVITY PAY THEREFOR. NOWHERE IN THE SECTION IS SERVICE IN THE NATIONAL GUARD RESERVE SPECIFICALLY MENTIONED NOR IS SUCH COMMISSIONED SERVICE IN THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE TO THE ACT. THE PROVISIONS OF THIS SECTION CANNOT BE CONSIDERED AS AUTHORITY FOR COUNTING COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE FOR LONGEVITY PAY PURPOSES MERELY BECAUSE PROVISION IS MADE FOR COUNTING SUCH SERVICE IN THE NATIONAL GUARD, WHICH CONTEMPLATES SERVICE IN THE ACTIVE NATIONAL GUARD. THE NATIONAL GUARD RESERVE WAS CREATED BY SECTION 78 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 202. UNDER THIS SECTION AS AMENDED BY SECTION 42 OF THE ACT OF JUNE 4, 1920, 41 STAT. 782, AND SECTION 2 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1076, THE NATIONAL GUARD RESERVE APPEARS TO HAVE BEEN PURELY AN INACTIVE ORGANIZATION AND NOT ONE WHICH IS INCLUDED IN THE TERM " NATIONAL GUARD" AS USED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, SUPRA. AND THIS IS MADE PLAIN BY THE AMENDMENT AND REENACTMENT OF THE SECTION BY SECTION 15 OF THE ACT OF JUNE 15, 1933, 48 STAT. 159, WHERE, INSTEAD OF CONTINUING THE USE OF THE TERM " NATIONAL GUARD RESERVE," THIS PORTION OF THE MILITIA IS DESCRIBED AND DESIGNATED AS "THE INACTIVE NATIONAL GUARD.'

ACCORDINGLY, YOU ARE ADVISED THAT LIEUTENANT COLONEL THOMPSON IS NOT ENTITLED TO COUNT ANY PORTION OF HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE, OR INACTIVE NATIONAL GUARD, FOR LONGEVITY PAY PURPOSES, AND THAT PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.