B-20906, OCTOBER 23, 1941, 21 COMP. GEN. 361

B-20906, OCTOBER 23, 1941, 21 COMP. GEN. 361

GRATUITIES - SIX MONTHS' DEATH - ARMY ENLISTED MEN - INCLUSION OF ADDITIONAL PAY UNDER ACT AUGUST 18, 1941 IN THE CASE OF AN ENLISTED MAN OF THE REGULAR ARMY WHO DIES AFTER THE EFFECTIVE DATE OF THE ACT OF AUGUST 18, 1941, THE ADDITIONAL $10 PER MONTH WHICH IS PAYABLE UNDER SECTION 8 (A) OF THE SAID ACT TO AN ENLISTED MAN WHEN HIS TOTAL MILITARY SERVICE EXCEEDS TWELVE MONTHS SHOULD BE INCLUDED IN THE COMPUTATION OF THE 6 MONTHS' DEATH GRATUITY PAY AUTHORIZED BY THE ACT OF DECEMBER 17, 1919.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. M. DIXON, U.S. ARMY, OCTOBER 23, 1941:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF OCTOBER 1, 1941, YOUR LETTER OF SEPTEMBER 27, 1941, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY A VOUCHER SUBMITTED THEREWITH IN FAVOR OF GLADYS ZARLING, WIFE OF JULIUS ZARLING, NO. R-1015180, DECEASED, LATE MASTER SERGEANT, FIELD ARTILLERY SCHOOL DETACHMENT (W), UNITED STATES ARMY, FOR $1,005, REPRESENTED AS EQUAL TO THE PAY OF THE DECEASED FOR SIX MONTHS, ACT OF DECEMBER 17, 1919, 41 STAT. 367.

YOU STATE THAT THE AMOUNT SHOWN IN THE COMPUTATION OF THE SIX MONTHS' GRATUITY ON THE VOUCHER INCLUDES $10 ADDITIONAL PER MONTH UNDER THE ACT OF AUGUST 18, 1941, 55 STAT. 626, PUBLIC LAW 213, 77TH CONGRESS; THAT YOU ARE IN DOUBT AS TO WHETHER THE $10 ADDITIONAL PAY IS AUTHORIZED TO BE INCLUDED IN THE COMPUTATION OF THE SIX MONTHS' GRATUITY.

THE ACT OF DECEMBER 17, 1919, PROVIDES:

THAT HEREAFTER, IMMEDIATELY UPON OFFICIAL NOTIFICATION OF THE DEATH FROM WOUNDS OR DISEASE, NOT THE RESULT OF HIS OWN MISCONDUCT, OF ANY OFFICER OR ENLISTED MAN ON THE ACTIVE LIST OF THE REGULAR ARMY OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY, THE QUARTERMASTER GENERAL OF THE ARMY SHALL CAUSE TO BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THE SECRETARY OF WAR SHALL ESTABLISH REGULATIONS REQUIRING EACH OFFICER AND ENLISTED MAN HAVING NO WIFE OR CHILD TO DESIGNATE THE PROPER DEPENDENT RELATIVE TO WHOM THIS AMOUNT SHALL BE PAID IN CASE OF HIS DEATH. SAID AMOUNT SHALL BE PAID FROM FUNDS APPROPRIATED FOR THE PAY OF THE ARMY. ( ITALICS SUPPLIED.)

THE ACT OF AUGUST 18, 1941, 55 STAT. 627, PROVIDES:

SEC. 8 (A) ANY PERSON INDUCTED INTO THE LAND OR NAVAL FORCES OF THE UNITED STATES FOR ACTIVE TRAINING AND SERVICE, UNDER SECTION 3 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 SHALL, IN ADDITION TO THE AMOUNTS OTHERWISE PAYABLE TO SUCH PERSON WITH RESPECT TO SUCH TRAINING AND SERVICE, BE ENTITLED TO RECEIVE THE SUM OF $10 FOR EACH MONTH OF SUCH TRAINING AND SERVICE IN EXCESS OF TWELVE. THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY (1) TO ANY ENLISTED PERSONNEL OF THE NATIONAL GUARD OF THE UNITED STATES OR OF ANY OTHER RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES ORDERED INTO THE ACTIVE MILITARY SERVICE UNDER THE AUTHORITY OF PUBLIC RESOLUTION, NUMBERED 96, APPROVED AUGUST 27, 1940, OR SECTION 37A OF THE NATIONAL DEFENSE ACT OF 1916, AS AMENDED, FOR ANY SUCH SERVICE SO RENDERED BY ANY SUCH PERSONNEL IN EXCESS OF TWELVE MONTHS, AND (2) TO ANY ENLISTED PERSONNEL OF THE REGULAR ARMY FOR EACH MONTH OF MILITARY SERVICE RENDERED BY HIM AFTER THE DATE OF ENACTMENT OF THIS JOINT RESOLUTION, AND AFTER HIS TOTAL MILITARY SERVICE (RENDERED BEFORE OR AFTER SUCH DATE) EXCEEDS TWELVE MONTHS.

(B) THE PROVISIONS OF THIS SECTION SHALL BE APPLICABLE ONLY DURING THE PERIOD OF THE UNLIMITED EMERGENCY DECLARED BY THE PRESIDENT ON MAY 27, 1941.

THE ACT OF DECEMBER 17, 1919, PROVIDES THAT THE WIDOW OF AN ENLISTED MAN ON THE ACTIVE LIST OF THE REGULAR ARMY WHOSE DEATH FROM WOUNDS OR DISEASE IS NOT THE RESULT OF HIS OWN MISCONDUCT SHALL RECEIVE AN AMOUNT EQUAL TO 6 MONTHS' PAY AT THE RATE HE WAS RECEIVING AT THE TIME OF HIS DEATH. SECTION 8 (A) OF THE ACT OF AUGUST 18, 1941, STATES SPECIFICALLY THAT THE PROVISION FOR PAYMENT OF THE SUM OF $10 IS IN ADDITION TO THE AMOUNTS OTHERWISE PAYABLE AND SHALL APPLY TO ANY ENLISTED PERSONNEL OF THE REGULAR ARMY FOR EACH MONTH OF MILITARY SERVICE RENDERED BY HIM AFTER THE DATE OF ENACTMENT OF THE ACT AND AFTER HIS TOTAL MILITARY SERVICE (RENDERED BEFORE OR AFTER SUCH DATE) EXCEEDS 12 MONTHS.

MR. HEALEY STATED IN THE HOUSE OF REPRESENTATIVES AUGUST 12, 1941, IN EXPLANATION OF AN AMENDMENT OFFERED BY HIM TO HOUSE JOINT RESOLUTION NO. 222, WHICH WAS FINALLY ENACTED AS PARAGRAPH 8 (A) OF THE ACT OF AUGUST 18, 1941, AS FOLLOWS:

* * * IN SIMPLE LANGUAGE, THE AMENDMENT PROVIDES THAT EVERY MAN IN THE ARMY, AFTER HE HAS COMPLETED 12 MONTHS' SERVICE, FROM THERE ON DURING THIS EMERGENCY WILL HAVE ADDED TO HIS PAY $10 A MONTH. IT IS UNIFORM AND AFFECTS EVERY ENLISTED MAN IN THE ARMY, NATIONAL GUARD, SELECTEES, RESERVISTS, AND REGULAR ARMY ALIKE. IT IS UNIFORM AS TO ALL. ( VOLUME 16, PAGE 7221, CONGRESSIONAL RECORD, 77TH CONGRESS, ST SESSION.)

THE ADDITIONAL SUM OF $10 PER MONTH AUTHORIZED BY THE STATUTE IS AN ITEM OF PAY ADDITIONAL TO THE AMOUNTS OTHERWISE PAYABLE, AND SHOULD THEREFORE BE INCLUDED IN THE COMPUTATION OF THE SIX MONTHS' DEATH GRATUITY PAY IN THE CASE OF AN ENLISTED MAN OF THE REGULAR ARMY WHO DIES ON OR AFTER AUGUST 19, 1941, THE OTHER REQUIREMENTS OF THE STATUTE HAVING BEEN MET. 14 COMP. DEC. 851; 21 ID. 848. THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE PAID BY YOU, IF OTHERWISE CORRECT.