B-15439, APRIL 2, 1941, 20 COMP. GEN. 596

B-15439: Apr 2, 1941

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PAY - NAVY AND MARINE CORPS ENLISTED MEN - FIRST FOUR MONTHS IN INITIAL ENLISTMENT AN ENLISTED MAN OF THE REGULAR NAVY OR REGULAR MARINE CORPS WHOSE ONLY PRIOR ENLISTMENT WAS IN THE NAVAL RESERVE OR MARINE CORPS RESERVE IS NOT IN HIS SECOND ENLISTMENT PERIOD WITHIN THE MEANING OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940. IS ENTITLED TO ONLY $21 PER MONTH BASE PAY DURING THE FIRST 4 MONTHS OF HIS SERVICE IN THE REGULAR NAVY OR MARINE CORPS. EVEN THOUGH HE MAY HAVE SERVED ON ACTIVE DUTY UNDER THE RESERVE ENLISTMENT AND WAS DISCHARGED FROM THAT ENLISTMENT TO ENLIST IN THE REGULAR NAVY OR MARINE CORPS. AN ENLISTED MAN IN THE REGULAR NAVY OR MARINE CORPS IS NOT ENTITLED TO COUNT ACTIVE DUTY OR TRAINING DUTY IN A PRIOR ENLISTMENT IN THE NAVAL RESERVE OR MARINE CORPS RESERVE FROM WHICH HE WAS DISCHARGED TO ENLIST IN THE REGULAR NAVY OR MARINE CORPS.

B-15439, APRIL 2, 1941, 20 COMP. GEN. 596

PAY - NAVY AND MARINE CORPS ENLISTED MEN - FIRST FOUR MONTHS IN INITIAL ENLISTMENT AN ENLISTED MAN OF THE REGULAR NAVY OR REGULAR MARINE CORPS WHOSE ONLY PRIOR ENLISTMENT WAS IN THE NAVAL RESERVE OR MARINE CORPS RESERVE IS NOT IN HIS SECOND ENLISTMENT PERIOD WITHIN THE MEANING OF SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, AND, HENCE, IS ENTITLED TO ONLY $21 PER MONTH BASE PAY DURING THE FIRST 4 MONTHS OF HIS SERVICE IN THE REGULAR NAVY OR MARINE CORPS, EVEN THOUGH HE MAY HAVE SERVED ON ACTIVE DUTY UNDER THE RESERVE ENLISTMENT AND WAS DISCHARGED FROM THAT ENLISTMENT TO ENLIST IN THE REGULAR NAVY OR MARINE CORPS. IN COMPUTING THE "4 MONTHS' SERVICE" REQUIRED BY SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 AS A CONDITION PRECEDENT TO PAYING AN ENLISTED MAN MORE THAN $21 PER MONTH DURING HIS FIRST ENLISTMENT, AN ENLISTED MAN IN THE REGULAR NAVY OR MARINE CORPS IS NOT ENTITLED TO COUNT ACTIVE DUTY OR TRAINING DUTY IN A PRIOR ENLISTMENT IN THE NAVAL RESERVE OR MARINE CORPS RESERVE FROM WHICH HE WAS DISCHARGED TO ENLIST IN THE REGULAR NAVY OR MARINE CORPS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, APRIL 2, 1941:

I HAVE YOUR LETTER OF MARCH 11, 1941, FORWARDING A LETTER DATED MARCH 8, 1941, FROM THE PAYMASTER, HEADQUARTERS, UNITED STATES MARINE CORPS, AS TO THE RATE OF PAY OF ENLISTED MEN OF THE REGULAR MARINE CORPS, DURING THEIR FIRST 4 MONTHS OF SERVICE IN THEIR FIRST ENLISTMENT PERIOD, WHERE SAID ENLISTED MEN HAD BEEN DISCHARGED FROM THE NAVAL RESERVE OR MARINE CORPS RESERVE PRIOR TO ENLISTING IN THE REGULAR MARINE CORPS. THE JOINT SERVICE PAY ADJUSTMENT ACT OF JUNE 10, 1922, 42 STAT. 625, TITLE 37, U.S. CODE, PROVIDED PAY FOR THE COMMISSIONED AND ENLISTED PERSONNEL OF THE REGULAR ARMY, REGULAR NAVY, REGULAR MARINE CORPS, THE COAST GUARD, THE COAST AND GEODETIC SURVEY, AND THE PUBLIC HEALTH SERVICE. SECTION 9 THEREOF RELATED TO PAY OF WARRANT OFFICERS AND ENLISTED MEN OF THE ARMY AND MARINE CORPS; SO FAR AS THE PAY OF ENLISTED MEN IS CONCERNED, THE SECTION WAS AMENDED EFFECTIVE OCTOBER 1, 1940, BY SECTION 12 OF THE ACT OF SEPTEMBER 16, 1940, PUBLIC, NO. 783, SAID SECTION 12 (A) READING AS FOLLOWS:

THE MONTHLY BASE PAY OF ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL BE AS FOLLOWS: ENLISTED MEN OF THE FIRST GRADE, $126; ENLISTED MEN OF THE SECOND GRADE, $84; ENLISTED MEN OF THE THIRD GRADE, $72; ENLISTED MEN OF THE FOURTH GRADE, $60; ENLISTED MEN OF THE FIFTH GRADE, $54; ENLISTED MEN OF THE SIXTH GRADE, $36; ENLISTED MEN OF THE SEVENTH GRADE, $30; EXCEPT THAT THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN FOUR 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. THE PAY FOR SPECIALISTS' RATINGS, WHICH SHALL BE IN ADDITION TO MONTHLY BASE PAY, SHALL BE AS FOLLOWS: FIRST CLASS, $30; SECOND CLASS, $25; THIRD CLASS, $20; FOURTH CLASS, $15; FIFTH CLASS, $6; SIXTH CLASS, $3. ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM OF THEIR BASE PAY AND PAY FOR SPECIALIST'S RATINGS UPON COMPLETION OF THE FIRST FOUR YEARS OF SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM OF SUCH BASE PAY AND PAY FOR SPECIALISTS' RATINGS FOR EACH FOUR YEARS OF SERVICE THEREAFTER, BUT THE TOTAL OF SUCH INCREASES SHALL NOT EXCEED 25 PERCENTUM. ENLISTED MEN OF THE NAVY SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY AND MARINE CORPS.

SECTION 10 OF THE ACT OF 1922 (37 U.S.C. 14, 15, AND 16) RELATED TO THE PAY OF WARRANT OFFICERS AND ENLISTED MEN OF THE NAVY AND COAST GUARD. SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, IT WAS PROVIDED THAT:

* * * ENLISTED MEN OF THE ARMY AND 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. * * *

IT WILL BE OBSERVED THAT THE ACT OF SEPTEMBER 16, 1940, AUTHORIZES THE LONGEVITY INCREASE AT THE RATES THEREIN ESTABLISHED "UPON COMPLETION OF THE FIRST 4 YEARS OF SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM * * * FOR EACH 4 YEARS OF SERVICE THEREAFTER, BUT THE TOTAL OF SUCH INCREASES SHALL NOT EXCEED 25 PERCENTUM.' IN 2 COMP. GEN. 162, AT PAGE 163, IT WAS HELD THAT ENLISTED MEN OF THE ARMY WERE ENTITLED TO COUNT THEIR SERVICES BOTH PRIOR AND SUBSEQUENT TO JULY 1, 1922, IN ANY OF THE SIX SERVICES MENTIONED IN THE TITLE OF THE ACT IN ACCORDANCE WITH THE PLAIN TERMS OF THE QUOTED PORTION OF THE ORIGINAL ACT OF 1922. IN THE SAME DECISION IN THE QUESTION FOLLOWING ON PAGE 163 THEREOF, IT WAS HELD THAT THE ENLISTMENT ALLOWANCE WAS PAYABLE ONLY FOR A REENLISTMENT IN THE ARMY; THAT AN ENLISTMENT IN THE ARMY AFTER SERVICE IN THE NAVY, MARINE CORPS, OR COAST GUARD WAS AN ENLISTMENT AND NOT A REENLISTMENT, CITING 27 COMP. DEC. 11 AND 170. IN 2 COMP. GEN. 280, IT WAS HELD, QUOTING THE SYLLABUS:

ENLISTED MEN OF THE NAVY WILL BE ALLOWED CREDIT FOR LONGEVITY PAY PURPOSES UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, FOR ENLISTED SERVICE IN THE NAVY, ACTIVE-DUTY SERVICE IN AN ENLISTED RATING (OTHER THAN TRAINING) AS A MEMBER OF THE NAVAL RESERVE FORCE, AND ENLISTED SERVICE IN THE COAST GUARD OR FORMER REVENUE-CUTTER SERVICE. SEE ALSO 4 COMP. GEN. 336.

AS THE PURPOSE OF THE ENACTMENT OF SECTION 12 OF THE ACT OF SEPTEMBER 16, 1940, WAS TO EQUALIZE THE PAY OF ENLISTED MEN OF THE ARMY AND MARINE CORPS WITH THE PAY OF ENLISTED MEN OF THE NAVY AND COAST GUARD, THE DIFFERENCE IN THE SERVICE TO BE COUNTED FOR LONGEVITY INCREASE BY ENLISTED MEN OF THE ARMY AND MARINE CORPS MADE IN THAT ACT IS TO BE OBSERVED. SEE IN THIS CONNECTION DECISION OF OCTOBER 22, 1940, B-12866, TO YOU, IN WHICH THERE WAS NEGATIVED PAYMENT OF LONGEVITY INCREASE TO ENLISTED MEN OF THE NAVY FOR THE SAME SERVICES AUTHORIZED TO BE COUNTED BY ENLISTED MEN OF THE ARMY AND MARINE CORPS PRIOR TO OCTOBER 1, 1940.

ENLISTED MEN OF THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE ENTITLED UNDER SECTION 7 OF THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, 1176, 1177, TO THE SAME PAY AND ALLOWANCES AS RECEIVED BY---

* * * ENLISTED MEN OF THE REGULAR NAVY (OR MARINE CORPS) OF THE SAME RANK, GRADE, OR RATING, AND OF THE SAME LENGTH OF SERVICE WHICH SHALL INCLUDE SERVICE IN THE NAVY, MARINE CORPS, COAST GUARD, NAVAL RESERVE FORCE, NAVAL MILITIA, NATIONAL NAVAL VOLUNTEERS, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, OR MARINE CORPS RESERVE. * * *

SPECIAL PROVISION, THEREFORE, HAS BEEN MADE FOR THE SERVICES THAT MAY BE COUNTED FOR LONGEVITY INCREASE BY ENLISTED MEMBERS OF THE NAVAL RESERVE OR MARINE CORPS RESERVE SOMEWHAT DIFFERENT FROM THE SERVICE AUTHORIZED TO BE COUNTED BY ENLISTED MEN OF THE REGULAR ESTABLISHMENTS. IN DECISION OF OCTOBER 3, 1940, B-12506, TO YOU, QUESTION WAS ASKED:

(D) * * *

(3) IF IT IS DECIDED THAT THE PROVISION FOR PAYMENT OF $21.00 PER MONTH TO ENLISTED MEN DURING INITIAL FOUR MONTHS' SERVICE IN FIRST ENLISTMENTS DOES NOT APPLY TO THE NAVAL OR MARINE CORPS RESERVE, WOULD THIS PROVISION BE APPLICABLE TO ENLISTED MEN ON FIRST ENLISTMENT IN THE REGULAR NAVY FOLLOWING ENLISTED SERVICE IN THE NAVAL OR MARINE CORPS RESERVE?

THE ANSWER TO THE QUESTION WAS:

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 NAVAL 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 FOUR 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.

IN DECISION OF OCTOBER 28, 1940, B-13048, 20 COMP. GEN. 218, TO THE SECRETARY OF WAR, QUESTION WAS ASKED AND ANSWERED AS FOLLOWS:

PAGE 219. D. IF A MEMBER OF THE NATIONAL GUARD IN THE 7TH GRADE HAS HAD PREVIOUS SERVICE IN THE REGULAR ARMY AND/OR THE NATIONAL GUARD IN FEDERAL SERVICE, WILL HE BE CONSIDERED AS IN HIS FIRST ENLISTMENT WHEN HE IS INDUCTED AND DRAW $21 UNTIL HE COMPLETES FOUR MONTHS' SERVICE, OR WILL HE BE ENTITLED TO $30 PER MONTH FROM THE DATE OF INDUCTION, OR FROM OCTOBER 1, 1940, AS THE CASE MAY BE?

PAGE 222. D. IF THE MAN HAD PREVIOUS SERVICE EITHER IN THE REGULAR ARMY OR IN THE NATIONAL GUARD UNDER A CONTRACT OF ENLISTMENT WHICH WAS TERMINATED AND HE THEREAFTER ENLISTED IN THE NATIONAL GUARD AND WAS SERVING IN THAT ENLISTMENT WHEN INDUCTED INTO THE SERVICE OF THE UNITED STATES, HE WAS NOT, AFTER INDUCTION, SERVING IN HIS FIRST ENLISTMENT AND HE WOULD BE ENTITLED TO $30 PER MONTH.

THE PAYMASTER REFERRED TO THE PORTIONS OF THESE TWO DECISIONS QUOTED ABOVE, THE FIRST HOLDING THAT AN ENLISTMENT IN THE NAVAL OR MARINE CORPS RESERVE WOULD NOT BE CONSIDERED A FIRST ENLISTMENT WHEN, FOLLOWING SUCH AN ENLISTMENT IN THE NAVAL RESERVE OR MARINE CORPS RESERVE, THE MAN ENLISTED IN THE REGULAR NAVY OR REGULAR MARINE CORPS; AND IN THE SECOND, TO THE SECRETARY OF WAR, HOLDING THAT AN ENLISTED MAN OF THE NATIONAL GUARD WHO HAD ONCE ENLISTED IN THE NATIONAL GUARD, THAT ENLISTMENT HAVING BEEN TERMINATED, WHO THEREAFTER AGAIN ENLISTED IN THE NATIONAL GUARD AND WHO WAS SERVING IN HIS SECOND ENLISTMENT IN THE NATIONAL GUARD WHEN INDUCTED INTO THE SERVICE OF THE UNITED STATES WITH THE NATIONAL GUARD, WAS NOT SERVING IN HIS FIRST ENLISTMENT FOR THE PURPOSE OF BASE PAY.

IN THE DECISION OF OCTOBER 3, 1940, TO YOU, AND IN THE DECISION OF OCTOBER 28, 1940, TO THE SECRETARY OF WAR, IT WAS POINTED OUT THAT ENLISTED MEMBERS OF THE RESERVE OR ENLISTED MEMBERS OF THE NATIONAL GUARD WERE ENTITLED, WHEN ON ACTIVE DUTY OR IN THE ACTUAL SERVICE OF THE UNITED STATES, TO RECEIVE THE SAME PAY AND ALLOWANCES AS ENLISTED MEN OF THE REGULAR SERVICE OF THE SAME GRADE AND LENGTH OF SERVICE, AND IT WAS HELD THAT WHEN MEMBERS OF THESE FORCES WERE BROUGHT INTO THE SERVICE OF THE UNITED STATES UNDER THEIR RESERVE OR NATIONAL GUARD STATUS THEY WERE A PART OF A COMPONENT FORCE OF THE ARMY OR NAVY, AND THAT THEIR BASE PAY WAS FIXED WITH RESPECT TO THEIR GRADE AND PREVIOUS SERVICE IN THE RESERVE OR NATIONAL GUARD AS THOUGH THAT SERVICE (AND ENTRY INTO THE SERVICE OF THE UNITED STATES IN THAT STATUS/--- BUT FOR COMPARATIVE PURPOSES ONLY--- HAD BEEN IN THE REGULAR SERVICE. IN VIEW OF SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, IT WAS ONLY BY SUCH CONSTRUCTION THAT SUCH ENLISTED MEMBERS WITHOUT EXCEPTION MIGHT BE GIVEN, FOR THE FIRST 4 MONTHS OF THEIR SERVICE AFTER CALL TO ACTIVE DUTY OR INDUCTION, THE SAME PAY AND ALLOWANCES AS ENLISTED MEN OF THE REGULAR SERVICE OF THE SAME GRADE OR RATING AND LENGTH OF SERVICE RECEIVED. BUT SERVICE IN THE RESERVE OR IN THE NATIONAL GUARD IS SEPARATE AND DISTINCT FROM SERVICE IN THE REGULAR ESTABLISHMENT, AND SUCH SERVICE IS NOT SERVICE IN THE REGULAR ESTABLISHMENT. WHEN AN ENLISTED MEMBER OF THE RESERVE OR OF THE NATIONAL GUARD IS DISCHARGED THEREFROM AND ENLISTED FOR THE FIRST TIME IN THE REGULAR ARMY, NAVY, OR MARINE CORPS, HIS PRIOR ENLISTMENT IN THE RESERVE OR IN THE NATIONAL GUARD DOES NOT CONSTITUTE HIS FIRST ENLISTMENT IN THE REGULAR ARMY, REGULAR NAVY, OR REGULAR MARINE CORPS. THE STATUTE HERE IN QUESTION, SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, FIXES THE PAY OF ENLISTED MEN OF THE REGULAR ARMY AND REGULAR MARINE CORPS, AND NECESSARILY CONTEMPLATES THE FIRST ENLISTMENT IN THE REGULAR ESTABLISHMENT. IT DOES NOT AUTHORIZE TREATING AN ENLISTMENT IN THE CIVILIAN COMPONENT OF THE ARMED FORCES AS AN "ENLISTMENT" TO PLACE THE MAN IN HIS SECOND ENLISTMENT IN THE REGULAR ESTABLISHMENT. SUCH SERVICE IN THE RESERVE COMPONENTS OF THE ARMED FORCES HAS NEVER BEEN SO TREATED. THAT SERVICE WAS NEVER CONSIDERED OR TREATED AS A FIRST OR PRIOR ENLISTMENT FOR THE PURPOSE OF CONTINUOUS SERVICE PAY--- ONLY ACTIVE SERVICE THEREIN BEING COUNTED FOR LONGEVITY INCREASE IN PAY--- AND OBVIOUSLY IT MAY NOT BE COUNTED FOR ENLISTMENT ALLOWANCE. NO BASIS IS PERCEIVED FOR CHANGING THIS SETTLED CONSTRUCTION TO OVERCOME THE LIMITATIONS CONTAINED IN THE CURRENT LAW FOR THE REGULAR ARMY AND REGULAR MARINE CORPS WHICH PROVIDES THAT "THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN 4 MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD * * * SHALL BE $21.'

THE PAYMASTER REFERS, ALSO, TO SECTION 4 OF THE ACT OF AUGUST 27, 1940, PUBLIC, 775, 54 STAT. 864, AS FOLLOWS:

ALL OFFICERS, NURSES, WARRANT OFFICERS, AND ENLISTED MEN OF THE UNITED STATES NAVAL RESERVE OR UNITED STATES MARINE CORPS RESERVE, WHO, IF CALLED OR ORDERED INTO ACTIVE NAVAL OR MILITARY SERVICE BY THE FEDERAL GOVERNMENT FOR EXTENDED NAVAL OR MILITARY SERVICE IN EXCESS OF THIRTY DAYS, SUFFER DISABILITY OR DEATH IN LINE OF DUTY FROM DISEASE OR INJURY WHILE SO EMPLOYED SHALL BE DEEMED TO HAVE BEEN IN THE ACTIVE NAVAL SERVICE DURING SUCH PERIOD, AND THEY OR THEIR BENEFICIARIES SHALL BE IN ALL RESPECTS ENTITLED TO RECEIVE THE SAME PENSIONS, COMPENSATION, RETIREMENT PAY, AND HOSPITAL BENEFITS AS ARE NOW OR MAY HEREAFTER BE PROVIDED BY LAW OR REGULATION FOR OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF CORRESPONDING GRADES AND LENGTH OF SERVICE OF THE REGULAR NAVY OR MARINE CORPS: PROVIDED, THAT IF A PERSON WHO IS ELIGIBLE FOR THE BENEFITS PRESCRIBED BY THIS ACT BE ALSO ELIGIBLE FOR PENSION UNDER THE PROVISIONS OF THE ACT OF JUNE 23, 1937 (50 STAT. 305), COMPENSATION FROM THE UNITED STATES EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF SECTION 304 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1181) OR RETIRED PAY UNDER THE PROVISION OF SECTION 310 OF THE NAVAL RESERVE ACT OF 1938 (52 STAT. 1183), HE SHALL ELECT WHICH BENEFIT HE SHALL RECEIVE. THIS OFFICE CAN CONCEIVE OF NO APPLICATION OF THIS PROVISION TO THE QUESTION OF BASE PAY OF ENLISTED MEN OF THE REGULAR MARINE CORPS WITH LESS THAN 4 MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD. THE SECTION PROVIDES THAT THE RESERVES AS THEREIN DESCRIBED AND LIMITED AND THEIR BENEFICIARIES SHALL BE ENTITLED IN CASE OF DISABILITY OR DEATH TO THE SAME PENSIONS, COMPENSATION, RETIRED PAY, AND HOSPITAL BENEFITS AS WOULD BE RECEIVED BY ENLISTED MEN OF CORRESPONDING GRADES AND LENGTH OF SERVICE OF THE REGULAR NAVY OR REGULAR MARINE CORPS. WHILE THE MAN IS A MEMBER OF THE RESERVE ON EXTENDED MILITARY SERVICE AS THEREIN PROVIDED HE IS ENTITLED TO THE BENEFITS AS THEREIN ESTABLISHED; WHEN HE IS NO LONGER A MEMBER OF THE RESERVE, BUT AN ENLISTED MAN IN THE REGULAR MARINE CORPS, THE SECTION IS ENTIRELY INAPPLICABLE TO HIM. THE FACT THAT A SPECIAL ENACTMENT WAS NECESSARY TO SECURE THESE BENEFITS TO MEMBERS OF THE RESERVE ON EXTENDED MILITARY DUTY, AS THEREIN DEFINED, SHOWS CONCLUSIVELY THAT THE NAVAL RESERVE AND MARINE CORPS RESERVE ARE SEPARATE AND DISTINCT FROM THE REGULAR ESTABLISHMENT AND THAT SERVICE IN THE RESERVE IS NOT SERVICE IN THE REGULAR NAVY OR REGULAR MARINE CORPS.

THE PAYMASTER'S QUESTIONS ARE QUOTED BELOW AND FOLLOWED IN EACH CASE BY THE ANSWER:

2. * * *

(A) AN ENLISTED MAN OF THE NAVAL RESERVE OR MARINE CORPS RESERVE WAS PROPERLY DISCHARGED FOR CAUSE AND SUBSEQUENTLY ENLISTED IN THE REGULAR NAVY OR REGULAR MARINE CORPS. IS SUCH AN ENLISTED MAN IN HIS SECOND ENLISTMENT AND ENTITLED TO BE PAID ACCORDINGLY?

FOR THE REASONS STATED ABOVE, THE ENLISTED MAN IS NOT IN A SECOND ENLISTMENT IN THE REGULAR NAVY OR REGULAR MARINE CORPS, BUT IS ENTITLED TO ONLY $21 PER MONTH BASE PAY DURING THE FIRST 4 MONTHS OF HIS SERVICE DURING HIS FIRST ENLISTMENT IN THE REGULAR NAVY OR REGULAR MARINE CORPS.

3. * * *

(A) AN ENLISTED MAN HAS SERVED ONE MONTH ON ACTIVE DUTY IN HIS NAVAL RESERVE OR MARINE CORPS RESERVE ENLISTMENT; HE IS DISCHARGED FROM HIS RESERVE ENLISTMENT WHILE ON ACTIVE DUTY PRIOR TO THE COMPLETION OF FOUR MONTHS' SERVICE TO ENLIST IN THE REGULAR NAVY OR REGULAR MARINE CORPS. SUCH AN ENLISTED MAN IN HIS SECOND ENLISTMENT AND ENTITLED TO BE PAID ACCORDINGLY?

THIS QUESTION IS ANSWERED IN THE NEGATIVE FOR THE REASONS STATED IN ANSWER TO QUESTION 2 (A).

(B) AN ENLISTED MAN HAS SERVED TWO MONTHS ON ACTIVE DUTY IN HIS NAVAL RESERVE OR MARINE CORPS RESERVE ENLISTMENT AND IS DISCHARGED WHILE ON ACTIVE DUTY PRIOR TO COMPLETION OF FOUR MONTHS' SERVICE TO ENLIST IN THE REGULAR NAVY OR MARINE CORPS. IF THE ANSWER TO 3 (A) IS IN THE NEGATIVE, WILL SUCH ENLISTED MAN ON ENLISTMENT IN THE REGULAR SERVICE BE ENTITLED TO COUNT THE PERIOD OF ACTIVE DUTY (TWO MONTHS) TOWARD THE FOUR MONTHS' PERIOD WHICH LIMITS HIS PAY TO $21 PER MONTH?

HE WILL NOT, AS THE 2 MONTHS' SERVICE IS NOT A PART OF HIS SERVICE IN HIS FIRST ENLISTMENT PERIOD IN THE REGULAR NAVY OR REGULAR MARINE CORPS.

(C) AN ENLISTED MAN HAS BEEN ON TRAINING DUTY FOR FORTY-FIVE DAYS DURING HIS ENLISTMENT IN THE NAVAL RESERVE OR MARINE CORPS RESERVE AND IS DISCHARGED PRIOR TO COMPLETION OF FOUR MONTHS' SERVICE TO ENLIST IN THE REGULAR SERVICE. WILL SUCH ENLISTED MAN ON ENLISTMENT IN THE REGULAR NAVY OR REGULAR MARINE CORPS BE ENTITLED TO COUNT THE FORTY FIVE DAYS' TRAINING DUTY TOWARD THE FOUR MONTHS' PERIOD WHICH LIMITS HIS PAY TO $21 PER MONTH?

NO; HIS ACTIVE DUTY FOR TRAINING DURING HIS ENLISTMENT IN THE MARINE CORPS RESERVE IS NO PART OF HIS FIRST 4 MONTHS' SERVICE IN HIS FIRST ENLISTMENT IN THE REGULAR NAVY OR REGULAR MARINE CORPS.