B-15289, MARCH 21, 1941, 20 COMP. GEN. 543

B-15289: Mar 21, 1941

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PAY - ADDITIONAL - AIDES AN ARMY OFFICER IS NOT ENTITLED TO ADDITIONAL PAY AS AIDE TO A BRIGADIER GENERAL WHILE SEPARATED FROM THE PERFORMANCE OF ACTUAL DUTY AS AIDE BY TEMPORARY DUTY ASSIGNMENT TO PURSUE A COURSE OF INSTRUCTION AT AN ARMY SCHOOL. I HAVE YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER IN FAVOR OF LT. THE FOLLOWING OFFICERS WILL PROCEED BY RAIL TO THE INFANTRY SCHOOL. THEY WILL RETURN TO THEIR PROPER STATIONS. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. PAYMENT WHEN MADE IS CHARGEABLE TO FD 1408 P 162-0620 A 10410-01. TRAVEL BY PRIVATELY OWNED VEHICLE WHEN DESIRED IS AUTHORIZED PROVIDED TIME IN EXCESS OF TRAVEL BY TRAIN IS COVERED BY LEAVE OF ABSENCE.

B-15289, MARCH 21, 1941, 20 COMP. GEN. 543

PAY - ADDITIONAL - AIDES AN ARMY OFFICER IS NOT ENTITLED TO ADDITIONAL PAY AS AIDE TO A BRIGADIER GENERAL WHILE SEPARATED FROM THE PERFORMANCE OF ACTUAL DUTY AS AIDE BY TEMPORARY DUTY ASSIGNMENT TO PURSUE A COURSE OF INSTRUCTION AT AN ARMY SCHOOL.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. H. E. HEINEKE, UNITED STATES ARMY, MARCH 21, 1941:

BY REFERENCE OF THE CHIEF OF FINANCE, I HAVE YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER IN FAVOR OF LT. PAUL T. GRAVES FOR $12.50 REPRESENTING ADDITIONAL PAY AS AIDE TO BRIG. GEN. RALPH K. ROBERTSON FOR THE MONTH OF JANUARY, 1941, WHILE ON DUTY UNDER SPECIAL ORDERS, HEADQUARTERS FORTY-FOURTH DIVISION, FORT DIX, N.J., NOVEMBER 1, 1940, AS FOLLOWS:

4. PURSUANT TO INSTRUCTIONS CONTAINED IN FIRST INDORSEMENT, COMMANDING GENERAL, SECOND CORPS AREA, SEPTEMBER 30, 1949 (210.63-1INF SCH AGO-OFF DIV), THE FOLLOWING OFFICERS WILL PROCEED BY RAIL TO THE INFANTRY SCHOOL, FORT BENNING, GEORGIA, NOT EARLIER THAN NOVEMBER 18, 1940, AND NOT LATER THAN NOVEMBER 19, 1940, TO REPORT TO THE COMMANDANT AS STUDENTS TO PURSUE THE MOTOR MAINTENANCE COURSE DURING THE PERIOD NOVEMBER 20, 1940, TO FEBRUARY 12, 1941. UPON COMPLETION OF THE COURSE, THEY WILL RETURN TO THEIR PROPER STATIONS.

FIRST LIEUTENANT PAUL T. GRAVES, HEADQUARTERS 87TH BRIGADE.

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE, AND PAYMENT WHEN MADE IS CHARGEABLE TO FD 1408 P 162-0620 A 10410-01. TRAVEL BY PRIVATELY OWNED VEHICLE WHEN DESIRED IS AUTHORIZED PROVIDED TIME IN EXCESS OF TRAVEL BY TRAIN IS COVERED BY LEAVE OF ABSENCE.

THE APPOINTMENT OF ST LT. GRAVES AS AIDE WAS BY SPECIAL ORDERS NO. 5, HEADQUARTERS 87TH INFANTRY BRIGADE, FORT DIX, N.J., AS FOLLOWS:

1. ANNOUNCEMENT IS MADE THAT FIRST LIEUTENANT PAUL T. GRAVES, 87TH INFANTRY BRIGADE FORMERLY AIDE 54TH INF. BRIGADE IS OFFICIALLY DESIGNATED AS AIDE TO BRIGADIER GENERAL RALPH K. ROBERTSON SAME UNIT.

THE QUESTION INVOLVED IS WHETHER WHILE ON DUTY UNDER TEMPORARY DUTY ASSIGNMENT TO PURSUE A COURSE OF INSTRUCTION DURING THE PERIOD NOVEMBER 20, 1940, TO FEBRUARY 12, 1941, WHICH SEPARATED HIM FROM PERFORMANCE OF ACTUAL DUTY AS AIDE TO BRIG. GEN. RALPH K. ROBERTSON, ST LT. PAUL T. GRAVES IS ENTITLED TO ADDITIONAL PAY AS AIDE.

SECTION 1261, REVISED STATUTES (10 U.S.C. 692) PROVIDES:

AIDES SHALL RECEIVE PAY IN ADDITION TO THE PAY OF THEIR RANK, AS FOLLOWS: AIDE TO MAJOR GENERAL, $200 A YEAR; AND AIDE TO BRIGADIER GENERAL, $150 A YEAR.

IN 5 COMP. DEC. 971, THE COMPTROLLER OF THE TREASURY CONSIDERED THE RIGHT OF AN ARMY OFFICER TO ADDITIONAL PAY AS AIDE, WHO WHILE UNDER APPOINTMENT AS AIDE TO A MAJOR GENERAL, WAS ALSO UNDER DETAIL AS ACTING JUDGE ADVOCATE OF THE DEPARTMENT IN WHICH SERVING. IT WAS HELD, QUOTING FROM THE SYLLABUS:

THE POSITIONS OF ACTING JUDGE/ADVOCATE AND AIDE TO A MAJOR-GENERAL IN THE ARMY ARE INCOMPATIBLE, AND AN OFFICER IS NOT ENTITLED TO THE ADDITIONAL PAY OF BOTH POSITIONS AT THE SAME TIME.

IT WAS ALSO STATED IN THAT DECISION:

WHEN AN OFFICER OF A COMPANY IS APPOINTED (DETAILED) AS A STAFF OFFICER, SUCH AS REGIMENTAL ADJUTANT, REGIMENTAL QUARTERMASTER, ACTING JUDGE/ADVOCATE, OR AID, HE IS DETACHED FROM HIS COMPANY AND HIS ENTIRE TIME BELONGS TO THE DUTIES OF HIS STAFF POSITION; HENCE, THE APPOINTMENT OF CAPTAINS AS AIDS IS ALLOWED ONLY FOR URGENT REASONS, ALTHOUGH THEY ARE ELIGIBLE. ( PAR. 251, ARMY REG.) THE CONTENTION OF THE CLAIMANT IN THAT CASE WAS THAT AS A COMPANY OFFICER HE PERFORMED THE DUTY OF HIS OFFICE AND IN ADDITION THERETO THE DUTIES OF AIDE AND THAT FOR SUCH ADDITIONAL DUTY THE LAW ENTITLED HIM TO ADDITIONAL PAY. RELATIVE TO THAT CONTENTION, THE COMPTROLLER OF THE TREASURY STATED:

* * * AS HAS BEEN SHOWN, SUPRA, THE REGULAR APPOINTMENT OF AN OFFICER AS AID ON THE STAFF OF A MAJOR-GENERAL GIVES THE MAJOR-GENERAL THE RIGHT TO THE ENTIRE TIME OF HIS AID, AND HIS COMPENSATION AS AID IS NOT MERELY $200 A YEAR, BUT IT IS THE PAY OF HIS RANK AND $200 A YEAR; AND THE INCREASE IN COMPENSATION IS OBVIOUSLY FOR THE REASON THAT SERVICE AS AID IS REGARDED AS WORTH MORE THAN SERVICE OF THE GRADE FROM WHICH THE OFFICER HAS BEEN SELECTED AND FROM THE DUTIES OF WHICH HE HAS BEEN RELIEVED.

ARMY AIDE'S PAY, WITH ALL THE CONDITIONS ATTACHED, BECAME APPLICABLE TO NAVAL OFFICERS BY THE PERSONNEL ACT OF MARCH 3, 1899, 30 STAT. 1004. THERE WAS NO DIRECT REPEAL OF THESE CONDITIONS BY THE ACT OF MAY 13, 1908, 35 STAT. 128, NOR IS THERE ANY NECESSARY IMPLICATION THAT SUCH REPEAL WAS INTENDED. 15 COMP. DEC. 723, 725; 18 ID. 721. THE ADDITIONAL PAY AUTHORIZED FOR OFFICERS ASSIGNED AS AIDES TO REAR ADMIRALS OF THE NAVY IS FOR THE ADDITIONAL SERVICE IMPOSED. CROSLEY V. UNITED STATES, 196 U.S. 327. 18 COMP. DEC. 242.

THE CONDITIONS CONSIDERED ESSENTIAL TO ENTITLE AN OFFICER TO ADDITIONAL PAY AS AIDE IN THE ARMY IN THE DECISION OF THE COMPTROLLER OF THE TREASURY IN 5 COMP. DEC. 971, OUTLINED HEREIN, WERE APPLIED BY THE COURT TO NAVY OFFICERS DETAILED AS AIDE TO REAR ADMIRALS IN THE NAVY IN KNOX V. UNITED STATES, 52 CT.1CLS. 22. THAT DECISION CONSIDERED THE CONDITIONS OF SERVICE AS AIDE TO REAR ADMIRALS IN THE NAVY AS DETERMINED BY THE LAW OF THE ARMY--- THAT IS, THAT THE CONDITIONS ATTACHING TO ARMY AIDE'S PAY ARE APPLICABLE TO OFFICERS OF THE NAVY PERFORMING SERVICE AS AIDE TO REAR ADMIRALS IN THE NAVY. BASED ON THE CHARACTER AND CONDITIONS OF SERVICE OF AIDE TO GENERAL OFFICERS OF THE ARMY, THE COURT DEFINED THE DUTIES OF AN AIDE IN THE NAVY AS FOLLOWS: "AN OFFICER LEGALLY ORDERED TO DUTY WITH AN ADMIRAL, VICE ADMIRAL, OR A REAR ADMIRAL TO PERFORM FOR HIM STRICTLY PERSONAL, CONFIDENTIAL, AND ROUTINE DUTIES.' THE COURT FURTHER STATED," THESE DUTIES CANNOT BE COMBINED WITH THE DUTIES OF A FLEET ORDNANCE OFFICER OR ANY OTHER OFFICER WHO HAS OTHER DUTIES TO PERFORM SEPARATE AND DISTINCT FROM THOSE OF AN AIDE.

IN DECISION A-30497, FEBRUARY 25, 1930, IT WAS STATED:

THE DUTIES OF AN AIDE BEING OF A PERSONAL, CONFIDENTIAL, AND ROUTINE NATURE, IT HAS BEEN HELD THE RIGHT TO ADDITIONAL PAY FOR SERVING AS AIDE DOES NOT BEGIN UNTIL THE OFFICER DESIGNATED AS AIDE AND THE COMMANDING OFFICER WHO NOMINATED HIM FOR THE DUTY AND WHOSE AIDE HE IS TO BE ARE PHYSICALLY PRESENT AT THE SAME STATION OR ON THE SAME SHIP AND THAT THE DETACHMENT FROM DUTY OF THE COMMANDING OFFICER AUTOMATICALLY TERMINATES THE ASSIGNMENT UNLESS POSITIVE AND COMPETENT ORDERS ARE ISSUED UNDER WHICH THE ASSIGNMENT IS CONTINUED. 24 COMP. DEC. 570; 26 ID. 249; 6 COMP. GEN. 493; 7 ID. 137. THE REGULAR ASSIGNMENT AS ASSISTANT OF CAPTAIN EDWARDS AS AIDE-DE-CAMP INSOFAR AS ANY RIGHT TO ADDITIONAL PAY IN THE LATTER STATUS IS INVOLVED, KNOX V. UNITED STATES, 52 CT.1CLS. 22; 7 COMP. GEN. 137.

IN THIS CASE, LT. PAUL T. GRAVES WAS NOT ASSIGNED ADDITIONAL STAFF DUTIES DURING THE PERIOD IN QUESTION, BUT, IN VIEW OF THE DECISIONS CITED HEREIN AS TO THE CHARACTER OF AIDE DUTY, HIS DETAIL TO INSTRUCTION DUTY AT FORT BENNING, GA., OBVIOUSLY SUSPENDED, FOR THE DURATION OF THAT DETAIL, ANY PERFORMANCE OF DUTY AS AIDE TO BRIG. GEN. ROBERTSON AT FORT DIX, N.J.

IT WAS HELD IN 17 COMP. DEC. 194, THAT AN OFFICER OF THE NAVY IS ENTITLED TO ADDITIONAL PAY AS AIDE WHILE ON AUTHORIZED ALLOWANCE OF LEAVE IF DURING SUCH LEAVE HIS DESIGNATION AS AIDE REMAINS UNCHANGED. THAT RULE IS BASED ON PROVISIONS OF LAW ENTITLING AN OFFICER TO FULL PAY DURING HIS AUTHORIZED ALLOWANCE ON LEAVE. OTHERWISE, TO BE ENTITLED TO ADDITIONAL PAY AS AIDE, THE OFFICER MUST ACTUALLY PERFORM FOR THE GENERAL WHOSE AIDE HE IS "STRICTLY PERSONAL, CONFIDENTIAL, AND ROUTINE DUTIES.'

IT IS OBVIOUS THAT DURING HIS ABSENCE FROM HIS REGULAR POST OF DUTY AT CAMP DIX, N.J., UNDER ORDERS TO PURSUE A COURSE OF INSTRUCTION AT FORT BENNING, GA., FIRST LT. PAUL T. GRAVES DID NOT ACTUALLY PERFORM DUTY AS AIDE TO BRIG. GEN. ROBERTSON. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER IN QUESTION, WHICH IS RETAINED IN THE FILES OF THIS OFFICE.