B-15892, MAY 2, 1941, 20 COMP. GEN. 725

B-15892: May 2, 1941

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TRANSMITTING FOR DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED. WAS APPOINTED A SERGEANT EFFECTIVE FEBRUARY 8. IT IS STATED THAT THE SOLDIER HAD 12 YEARS' PRIOR SERVICE IN THE UNITED STATES MARINE CORPS AND THAT HE WAS LAST DISCHARGED THEREFROM SEPTEMBER 9. IS APPLICABLE TO ENLISTED MEN OF THE ARMY AND MARINE CORPS AND THE EXCEPTION WHICH LIMITS THE MONTHLY BASE PAY TO $21 PER MONTH DURING THE FIRST 4 MONTHS OF THE FIRST ENLISTMENT PERIOD WAS NOT INTENDED TO EXCLUDE IN THE COMPUTATION THEREOF SERVICE IN ONE OF THE TWO SERVICES WHICH BY EXISTING LAW OR BY ASSIMILATION WAS HELD TO BE EQUIVALENT TO SERVICE IN THE OTHER. ENLISTED MEN OF THE ARMY IN COMPUTING INCREASE OF PAY FOR LENGTH OF SERVICE ARE ENTITLED TO COUNT PRIOR SERVICE IN THE MARINE CORPS AND ENLISTED MEN OF THE MARINE CORPS ARE ENTITLED TO COUNT PRIOR SERVICE IN THE ARMY FOR THE SAME PURPOSE.

B-15892, MAY 2, 1941, 20 COMP. GEN. 725

PAY - LONGEVITY - SERVICE CREDITS - ENLISTMENT IN THE ARMY AFTER PRIOR MARINE CORPS SERVICE AN ENLISTED MAN SERVING IN HIS FIRST ENLISTMENT IN THE ARMY AFTER PRIOR SERVICE IN THE MARINE CORPS MAY COUNT HIS MARINE CORPS SERVICE IN COMPUTING PAY UNDER SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, WHICH LIMITS THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN 4 MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT AND PROVIDES FOR INCREASE IN BASE PAY FOR LENGTH OF SERVICE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. CHARLES LEWIS, U.S. ARMY, MAY 2, 1941:

THERE HAS BEEN RECEIVED, BY REFERENCE FROM THE CHIEF OF FINANCE, YOUR LETTER OF MARCH 6, 1941, TRANSMITTING FOR DECISION WHETHER PAYMENT THEREOF IS AUTHORIZED, A VOUCHER STATED FOR $54.40 IN FAVOR OF MAX W. CRAIG, REPRESENTING THE DIFFERENCE BETWEEN PAY OF A SERGEANT, UNITED STATES ARMY, WITH OVER 12 YEARS' SERVICE, AND PAY RECEIVED FOR THE PERIOD JANUARY 29 TO FEBRUARY 28, 1941.

IT APPEARS FROM THE VOUCHER AND ACCOMPANYING PAPERS THAT MAX W. CRAIG ENLISTED IN THE ARMY JANUARY 29, 1941, A PRIVATE, AND WAS APPOINTED A SERGEANT EFFECTIVE FEBRUARY 8, 1941, PER SPECIAL ORDERS 34, HEADQUARTERS EIGHTH CORPS AREA, OF THE SAME DATE. IT IS STATED THAT THE SOLDIER HAD 12 YEARS' PRIOR SERVICE IN THE UNITED STATES MARINE CORPS AND THAT HE WAS LAST DISCHARGED THEREFROM SEPTEMBER 9, 1940, AS SERGEANT.

SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, PUBLIC NO. 783, 54 STAT. 895, PROVIDES, IN PERTINENT PART:

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 MARINE CORPS SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM OF THEIR BASE PAY AND PAY FOR SPECIALISTS' 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 FOR EACH FOUR YEARS OF SERVICE THEREAFTER, BUT THE TOTAL OF SUCH INCREASES SHALL NOT EXCEED 25 PERCENTUM. * * *

SPECIFICALLY SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, IS APPLICABLE TO ENLISTED MEN OF THE ARMY AND MARINE CORPS AND THE EXCEPTION WHICH LIMITS THE MONTHLY BASE PAY TO $21 PER MONTH DURING THE FIRST 4 MONTHS OF THE FIRST ENLISTMENT PERIOD WAS NOT INTENDED TO EXCLUDE IN THE COMPUTATION THEREOF SERVICE IN ONE OF THE TWO SERVICES WHICH BY EXISTING LAW OR BY ASSIMILATION WAS HELD TO BE EQUIVALENT TO SERVICE IN THE OTHER. ENLISTED MEN OF THE ARMY IN COMPUTING INCREASE OF PAY FOR LENGTH OF SERVICE ARE ENTITLED TO COUNT PRIOR SERVICE IN THE MARINE CORPS AND ENLISTED MEN OF THE MARINE CORPS ARE ENTITLED TO COUNT PRIOR SERVICE IN THE ARMY FOR THE SAME PURPOSE, AND WHILE SUCH PRIOR SERVICE MAY NOT LEGALLY BE COUNTED UNDER SPECIAL STATUTES PROVIDING A BONUS OR GRATUITY FOR REENLISTMENT, THAT IS, AN ENLISTMENT FOLLOWING AN ENLISTMENT IN THE SAME SERVICE, 2 COMP. GEN. 162, IT WAS HELD (PRIOR TO THE ARMY REORGANIZATION ACT OF JUNE 4, 1920, 41 STAT. 761, SECTION 4 (B) ABOLISHING CONTINUOUS SERVICE PAY), THAT A MAN WHO ENLISTS IN THE ARMY WITHIN 3 MONTHS AFTER HIS HONORABLE DISCHARGE FROM 4 YEARS OF CONTINUOUS SERVICE AS A PRIVATE IN THE MARINE CORPS, UNDER AN ENLISTMENT IN THE ARMY MADE ON OR AFTER NOVEMBER 1, 1916, TAKES UP ON SUCH ENLISTMENT IN THE ARMY THE THREAD OF HIS SECOND ENLISTMENT PERIOD WITH 1 YEAR SERVED THEREIN AND WAS ENTITLED UNDER THE ACT OF MAY 11, 1908, 35 STAT. 109, TO 3 MONTHS' EXTRA PAY AT THE RATE HE WAS ENTITLED TO RECEIVE AT THE TIME HE COMPLETED 3 YEARS' SERVICE IN THE MARINE CORPS; THAT SO FAR AS CONTINUOUS SERVICE PAY AND THE 3 MONTHS' EXTRA PAY FOR THE FIRST ENLISTMENT ARE CONCERNED, HE SHOULD BE TREATED IN THE SAME MANNER AS IF HIS PRIOR SERVICE HAD BEEN IN THE ARMY. 26 COMP. DEC. 729, 731. A SOLDIER WHO ENLISTED IN THE MARINE CORPS WITHIN 3 MONTHS AFTER HIS DISCHARGE FROM THE ARMY WAS ENTITLED TO COUNT HIS SERVICE IN THE ARMY FOR COMPUTING HIS INCREASED PAY FOR LENGTH OF SERVICE UNDER SECTIONS 1282 AND 1284 OF THE REVISED STATUTES AS THOUGH SAID PRIOR SERVICE HAD BEEN RENDERED IN THE MARINE CORPS. 5 COMP. DEC. 366. TO THE SAME GENERAL EFFECT ARE 7 COMP. DEC. 193; 13 ID. 72; 18 ID. 85, 714.

THE NORMAL BASE PAY OF THE SEVENTH GRADE FOR ENLISTED MEN OF THE ARMY AND MARINE CORPS IS FIXED BY SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AT $30 PER MONTH AND THE PROVISION FIXING THE $21 PER MONTH RATE FOR THE FIRST 4 MONTHS DURING THE FIRST ENLISTMENT PERIOD DOES NOT EXCLUDE PRIOR SERVICE WHICH PREVIOUSLY HAD BEEN INTERCHANGEABLE FOR PURPOSES OF CONTINUOUS SERVICE PAY. IT SEEMS TO FOLLOW LOGICALLY THAT IF PRIOR SERVICE IN THE MARINE CORPS WAS AUTHORIZED TO BE COUNTED FOR CONTINUOUS SERVICE UPON ENLISTMENT IN THE ARMY, THE IDENTICAL SERVICE IS NOT TO BE EXCLUDED IN THE COMPUTATION OF PAY UNDER SECTION 12 (A) OF A PERSON ENLISTING IN THE ARMY AFTER PRIOR SERVICE IN THE MARINE CORPS, IN THE ABSENCE OF A CLEAR, DEFINITE, AND SPECIFIC PROVISION OF LAW TO THAT DEFECT. YOU ARE AUTHORIZED TO PAY THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT.