B-22250, JANUARY 10, 1942, 21 COMP. GEN. 654

B-22250: Jan 10, 1942

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1942: THERE WAS RECEIVED. THERE IS FORWARDED HEREWITH. THIS OFFICE IS UNABLE TO CONCLUSIVELY DETERMINE WHETHER THE TERM "MILITARY SERVICE" AS USED IN SECTION 8 (A). IN THE INSTANT CASE IT WILL BE NOTED THAT THE SOLDIER'S SERVICE. YOUR DECISION IS REQUESTED. IS AS FOLLOWS: ANY PERSON INDUCTED INTO THE LAND OR NAVAL FORCES OF THE UNITED STATES FOR ACTIVE TRAINING AND SERVICE. THE TERM "MILITARY SERVICE" IS USED TWICE IN THAT PART OF SECTION 8 (A). IT IS FIRST USED TO REFER TO "EACH MONTH OF MILITARY SERVICE" OF "ENLISTED PERSONNEL OF THE REGULAR ARMY" AFTER THE DATE OF THE ENACTMENT. THERE IS NO DOUBT THAT THE MILITARY SERVICE THUS CONTEMPLATED BY THE CONGRESS WAS SERVICE AS AN ENLISTED MAN OF THE ARMY.

B-22250, JANUARY 10, 1942, 21 COMP. GEN. 654

PAY - ADDITIONAL - OVER 12 MONTHS' SERVICE - SERVICE CREDITS IN DETERMINING WHETHER AN ENLISTED MAN OF THE REGULAR ARMY HAS HAD 12 MONTHS' SERVICE WITHIN THE MEANING OF SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941, AUTHORIZING $10 ADDITIONAL PAY FOR EACH MONTH OF SERVICE IN EXCESS OF 12, PRIOR SERVICE IN THE NAVY MAY NOT BE COUNTED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. C. E. ANDERSON, UNITED STATES ARMY, JANUARY 10, 1942:

THERE WAS RECEIVED, BY INDORSEMENT DATED NOVEMBER 27, 1941, YOUR LETTER OF NOVEMBER 12, 1941 (WITH ENCLOSURES), AS FOLLOWS:

1. UNDER THE PROVISIONS OF AR 35-730, THERE IS FORWARDED HEREWITH, FOR DECISION AS TO WHETHER PAYMENT MAY PROPERLY BE MADE, W.D. FORM NO. 337 ( VOUCHER FOR PAY AND ALLOWANCES OF INDIVIDUAL ENLISTED MEN) EXECUTED IN FAVOR OF JOHN W. KELLY, 14052061, CORPORAL, 58TH SCHOOL SQUADRON, A.C., FOR PAYMENT OF ADDITIONAL $10 PER MONTH, FOR THE PERIOD AUGUST 18, 1941, TO SEPTEMBER 30, 1941, AUTHORIZED UNDER SECTION 8 (A), SERVICE EXTENSION ACT OF 1941, APPROVED AUGUST 18, 1941.

2. THE ABOVE-DESCRIBED VOUCHER HAS BEEN SUBMITTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

3. THIS OFFICE IS UNABLE TO CONCLUSIVELY DETERMINE WHETHER THE TERM "MILITARY SERVICE" AS USED IN SECTION 8 (A), SERVICE EXTENSION ACT OF 1941, WITH REFERENCE TO "ENLISTED PERSONNEL OF THE REGULAR ARMY," WOULD INCLUDE PRIOR SERVICE RENDERED AS A MEMBER OF THE NAVAL FORCES OF THE UNITED STATES.

4. IN THE INSTANT CASE IT WILL BE NOTED THAT THE SOLDIER'S SERVICE, AS OF AUGUST 18, 1941, CONSISTS OF THE FOLLOWING:

A. U.S. NAVY, FROM SEPT. 10, 1937, TO FEB. 5, 1941--- 3 YRS., 4 MONTHS, AND 26 DAYS.

B. U.S. ARMY, FROM APRIL 25, 1941, TO AUG. 18, 1941--- 3 MONTHS, 24 DAYS.

5. THE QUESTION INVOLVED ARISES IN VIEW OF THE LANGUAGE CONTAINED IN SECTION 1 (B) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, APPROVED SEPTEMBER 16, 1940, WHICH READS:

"/B) THE CONGRESS FURTHER DECLARES THAT IN A FREE SOCIETY THE OBLIGATIONS AND PRIVILEGES OF MILITARY TRAINING AND SERVICE SHOULD BE SHARED GENERALLY IN ACCORDANCE WITH A FAIR AND JUST SYSTEM OF SELECTIVE COMPULSORY MILITARY TRAINING AND SERVICE.' ( ITALICS SUPPLIED.) THE PHRASE "MILITARY TRAINING AND SERVICE" AS USED ABOVE, AND OTHERWISE THROUGHOUT THE ACT, LIKE THE ACT ITSELF, APPLIES EQUALLY TO ANY AND ALL THE ARMED SERVICES OF THE UNITED STATES, AND WHEN CONSIDERING FOR APPLICATION THE PROVISIONS OF THE SERVICE EXTENSION ACT OF 1941, THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 MUST NECESSARILY BE CONSIDERED.

6. YOUR DECISION IS REQUESTED.

SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF/1941 (APPROVED AUGUST 18, 1941), 55 STAT. 627, IS AS FOLLOWS:

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. ( ITALICS SUPPLIED.)

THE TERM "MILITARY SERVICE" IS USED TWICE IN THAT PART OF SECTION 8 (A), SUPRA, WHICH EXTENDS THE BENEFITS OF THE SECTION TO PERSONNEL OF THE REGULAR ARMY. IT IS FIRST USED TO REFER TO "EACH MONTH OF MILITARY SERVICE" OF "ENLISTED PERSONNEL OF THE REGULAR ARMY" AFTER THE DATE OF THE ENACTMENT. THERE IS NO DOUBT THAT THE MILITARY SERVICE THUS CONTEMPLATED BY THE CONGRESS WAS SERVICE AS AN ENLISTED MAN OF THE ARMY, AND THAT PRIOR SERVICE IN THE NAVY WAS NOT INTENDED TO BE INCLUDED IN COMPUTING THE 12 MONTHS'"TOTAL MILITARY SERVICE" OF AN ENLISTED MAN OF THE REGULAR ARMY UNDER THE PROVISIONS OF SECTION 8 (A) OF THE SERVICE EXTENSION ACT OF 1941. YOUR QUESTION IS ANSWERED ACCORDINGLY.

THE VOUCHER RECEIVED WITH YOUR LETTER IS RETAINED IN THE FILES OF THIS OFFICE.