B-23448, FEBRUARY 20, 1942, 21 COMP. GEN. 785

B-23448: Feb 20, 1942

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ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WILL NOT BE ENTITLED TO ADDITIONAL PAY BY REASON OF SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941. AS FOLLOWS: THERE IS ENCLOSED A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS. YOUR DECISION IS REQUESTED ON THE SPECIFIC QUESTIONS PRESENTED IN THE ENCLOSURE. AS FOLLOWS: (A) MAY ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY BE CREDITED WITH THE FULL AMOUNT OF $10.00 PER MONTH ADDITIONAL PAY TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 18. (B) IF THE ANSWER TO (A) IS IN THE NEGATIVE. MAY ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY BE CREDITED WITH ONE-HALF OF THE ADDITIONAL PAY OF $10.00 PER MONTH TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 18.

B-23448, FEBRUARY 20, 1942, 21 COMP. GEN. 785

PAY AND ALLOWANCES - INSULAR FORCE OF THE NAVY THE PAY AND ALLOWANCES TO WHICH ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY BECOME ENTITLED BY REASON OF THE PROVISION IN SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, ASSIMILATING THE PAY AND ALLOWANCES OF NAVY ENLISTED MEN TO THOSE PROVIDED FOR SIMILAR GRADES IN THE ARMY AND MARINE CORPS, MAY NOT EXCEED THOSE SPECIFICALLY AUTHORIZED FOR MEN IN CORRESPONDING GRADES IN THE PHILIPPINE SCOUTS. ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY WILL NOT BE ENTITLED TO ADDITIONAL PAY BY REASON OF SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941, AUTHORIZING $10 ADDITIONAL PAY FOR ARMY ENLISTED MEN FOR EACH MONTH OF SERVICE IN EXCESS OF 12, UNLESS AND UNTIL THE SECRETARY OF WAR, PURSUANT TO THE ACT OF MAY 10, 1926, AUTHORIZES ADDITIONAL PAY FOR PHILIPPINE SCOUTS UNDER THE TERMS AND CONDITIONS OF SECTION 8, AND THEN ONLY TO THE EXTENT FIXED FOR MEN IN SIMILAR GRADES IN THE PHILIPPINE SCOUTS.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, FEBRUARY 20, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 26, 1942, WITH ENCLOSURES, AS FOLLOWS:

THERE IS ENCLOSED A LETTER FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT, DATED JANUARY 10, 1942, WITH ST ENDORSEMENT OF THE BUREAU OF NAVIGATION, DATED JANUARY 22, 1942, RELATIVE TO THE RIGHT OF MEMBERS OF THE INSULAR FORCE TO $10.00 PER MONTH ADDITIONAL PAY AUTHORIZED BY SECTION 8 OF THE ACT APPROVED AUGUST 18, 1941 ( PUBLIC LAW 213, 77TH CONGRESS).

YOUR DECISION IS REQUESTED ON THE SPECIFIC QUESTIONS PRESENTED IN THE ENCLOSURE, AS FOLLOWS:

(A) MAY ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY BE CREDITED WITH THE FULL AMOUNT OF $10.00 PER MONTH ADDITIONAL PAY TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 18, 1941?

(B) IF THE ANSWER TO (A) IS IN THE NEGATIVE, MAY ENLISTED MEN OF THE INSULAR FORCE OF THE NAVY BE CREDITED WITH ONE-HALF OF THE ADDITIONAL PAY OF $10.00 PER MONTH TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 18, 1941?

THE LETTER OF JANUARY 10, 1942, FROM THE BUREAU OF SUPPLIES AND ACCOUNTS IS AS FOLLOWS: UBJECT: RIGHT OF MEMBERS OF THE INSULAR FORCE TO $10.00 PER MONTH

ADDITIONAL PAY AUTHORIZED BY THE ACT OF AUGUST 18, 1941. REFERENCE:

(A) ACT OF FEBRUARY 2, 1901 AS AMENDED BY ACT OF MAY 10, 1926

(44 STAT. 496) ( U.S.C. 10:334).

(B) SECTION 10 ACT OF JUNE 10, 1922 (42 STAT. 630).

(C) SECTION 12 (A) ACT OF SEPTEMBER 16, 1940 (54 STAT. 895).

(D) DECISION OF THE COMPTROLLER GENERAL B-12506 DATED OCTOBER 3,

1940.

(E) ACT OF OCTOBER 17, 1940 (54 STAT. 1205).

(F) DECISION OF THE COMPTROLLER GENERAL B-15346 DATED MARCH 17,

1941 (20 COMP. GEN. 522).

(G) SECTION 11 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630) (37

U.S.C. 19).

(H) ARTICLE 35-4520 22 ARMY REGULATIONS DATED DECEMBER 21, 1940.

(I) DECISION OF THE COMPTROLLER GENERAL B-19323 DATED OCTOBER 11,

1941 (21 COMP. GEN. 311).

(J) SECTION 8 (A) PUBLIC LAW 213 77TH CONGRESS APPROVED AUGUST

18, 1941.

(K)DECISION OF THE COMPTROLLER GENERAL B-19904, DATED OCTOBER

29, 1941 (21 COMP. GEN. 392).

1. THE ACT OF FEBRUARY 2, 1901, AS AMENDED PROVIDES THAT THE PAY AND ALLOWANCES OF WHATEVER NATURE AND KIND TO BE AUTHORIZED FOR THE ENLISTED MEN OF THE PHILIPPINE SCOUTS SHALL BE FIXED BY THE SECRETARY OF WAR AND SHALL NOT EXCEED OR BE OF OTHER CLASSES THAN THOSE NOW OR WHICH MAY HEREAFTER BE AUTHORIZED BY LAW FOR ENLISTED MEN OF THE REGULAR ARMY. SECTION 10 OF THE ACT OF JUNE 10, 1922, ESTABLISHED THE RATES OF PAY FOR THE INSULAR FORCE OF THE NAVY AS ONE-HALF THE RATES OF PAY FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS.

2. THE COMPTROLLER GENERAL IN DECISION OF OCTOBER 3, 1940, STATED THAT WHILE IT HAS BEEN HELD THAT THE INSULAR FORCE IS A PART OF THE REGULAR NAVY IT IS TO BE NOTED THAT IT WAS ESTABLISHED BY AN EXECUTIVE ORDER OF APRIL 5, 1901, AND WAS LIMITED TO FILIPINOS AND THAT IN MANY RESPECTS IT FOLLOWED THE ACT OF FEBRUARY 2, 1901 (31 STAT. 757), WHICH AUTHORIZED THE PRESIDENT TO ENLIST NATIVES OF THE PHILIPPINE ISLANDS IN ORGANIZATIONS TO BE KNOWN AS SCOUTS FOR SERVICE IN THE ARMY, AND THAT IN THE ORGANIZATION OF THE INSULAR FORCE OF THE NAVY A REDUCED SCALE OF PAY WAS PROVIDED. THIS DECISION IT WAS HELD THAT THE FURLOUGH RATION FOR THE INSULAR FORCE OF THE NAVY SHOULD BE LIMITED TO THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS.

3. IN DECISION OF MARCH 17, 1941, THE COMPTROLLER GENERAL HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY, OTHERWISE MEETING THE CONDITIONS OF THE ACT OF OCTOBER 17, 1940, AND EXECUTIVE ORDER NO. 8688 OF FEBRUARY 19, 1941, ARE ENTITLED TO THE BENEFITS WHICH MAY BE PROVIDED FOR PHILIPPINE SCOUTS UNDER SECTION 2 B OF THE EXECUTIVE ORDER. THE COMPTROLLER GENERAL IN DECISION OF OCTOBER 11, 1941, HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE REGULAR NAVY OF THE UNITED STATES AND IN THE ABSENCE OF ADMINISTRATIVE LIMITATIONS ON AUTHORIZING THE ALLOWANCES, NAVAL APPROPRIATIONS FOR PAYMENT OF ALLOWANCES FOR QUARTERS UNDER SECTION 11 OF THE JOINT SERVICE PAY ACT (BUT NOT UNDER THE ACT OF OCTOBER 17, 1940), ARE AVAILABLE FOR SUCH PAYMENTS WHEN PROPERLY AUTHORIZED TO MEMBERS OF THE INSULAR FORCE OF THE NAVY.

4. THE COMPTROLLER GENERAL IN DECISION OF OCTOBER 27, 1941, STATED THAT IN VIEW OF THE PROVISIONS OF THE ACT OF MAY 10, 1926 (10 U.S.C. 334), IT IS DISCRETIONARY WITH THE SECRETARY OF WAR TO PROVIDE FOR ADDITIONAL PAY FOR PHILIPPINE SCOUTS UNDER THE CONDITIONS AND LIMITATIONS FIXED FOR ENLISTED PERSONNEL OF THE REGULAR ARMY BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941, AND THE SECRETARY MAY FIX THE MONTHLY RATE OF SUCH PAY AT ANY AMOUNT NOT EXCEEDING $10. ACCORDING TO INFORMATION WHICH HAS BEEN OBTAINED FROM THE WAR DEPARTMENT NOACTION HAS AS YET BEEN TAKEN BY THE SECRETARY OF WAR WITH REGARD TO THE APPLICATION OF SECTION 8 (A) OF THE ACT OF AUGUST 18, 1941, TO THE PHILIPPINE SCOUTS.

5. IN VIEW OF THE FACT THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE REGULAR NAVY AND AS THEIR RATES OF PAY ARE ESTABLISHED AS ONE-HALF THE RATES OF PAY FOR ENLISTED MEN OF THE REGULAR NAVY IN CORRESPONDING RATINGS, IT IS REQUESTED THAT A DECISION BE OBTAINED FROM THE COMPTROLLER GENERAL WHETHER SUCH MEN MAY BE CREDITED WITH ONE-HALF OF THE ADDITIONAL PAY OF $10.00 PER MONTH TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF AUGUST 18, 1941.

SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 ( PUBLIC LAW 213, APPROVED AUGUST 18, 1941), 55 STAT. 627, IS AS FOLLOWS:

(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.

SECTION 12 (A) OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 (APPROVED SEPTEMBER 16, 1940), 54 STAT. 895, FIXED NEW RATES OF PAY FOR ENLISTED MEN OF THE ARMY AND MARINE CORPS AND THE LAST SENTENCE THEREOF PROVIDES---

* * * 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.

IN DECISION OF OCTOBER 29, 1941, 21 COMP. GEN. 392, IT WAS HELD THAT THE ADDITIONAL PAYMENT AUTHORIZED BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941, BEING AN ITEM OF THE PAY OF ENLISTED MEN OF THE ARMY WITHIN THE MEANING OF THE LAST SENTENCE OF SECTION 12 (A), SUPRA, ACCRUES, ALSO, TO ENLISTED MEN OF THE NAVY. WHILE IT HAS BEEN HELD THAT MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE ENLISTED MEN OF THE REGULAR NAVY OF THE UNITED STATES (1 COMP. GEN. 480; 21 ID. 311), IT HAS ALSO BEEN HELD THAT WHERE MEMBERS OF THE INSULAR FORCE BECAME ENTITLED TO FURLOUGH RATION BY REASON OF THE PROVISIONS OF THE LAST SENTENCE OF SECTION 12 (A), SUPRA, THE AMOUNT PAYABLE TO THEM AS FURLOUGH RATION IS THE AMOUNT PRESCRIBED BY THE WAR DEPARTMENT FOR PHILIPPINE SCOUTS, SINCE THE GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS OF MEMBERS OF THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS. SEE B- 12506, OCTOBER 3, 1940. LIKE OTHER ENLISTED MEN OF THE NAVY, THE MEMBERS OF THE INSULAR FORCE ARE ENTITLED, UNDER THE PROVISIONS OF SECTION 12 (A), TO "AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY.' SINCE THE GRADES IN THE ARMY CORRESPONDING TO THE GRADES OR RATINGS IN THE INSULAR FORCE OF THE NAVY ARE THE GRADES ESTABLISHED IN THE PHILIPPINE SCOUTS, ANY PAY AND ALLOWANCES TO WHICH MEMBERS OF THE INSULAR FORCE BECOME ENTITLED BY QUALIFIED ASSIMILATION UNDER SECTION 12 (A) MAY NOT EXCEED THE PAY AND ALLOWANCES SPECIFICALLY AUTHORIZED FOR MEN IN SIMILAR GRADES IN THE PHILIPPINE SCOUTS.

SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, ESTABLISHED RATES OF BASE AND LONGEVITY PAY FOR ENLISTED MEN OF THE NAVY AND COAST GUARD, AND PROVIDED---

THE RATES OF PAY OF THE INSULAR FORCE OF THE NAVY SHALL BE ONE-HALF THE RATES OF PAY PRESCRIBED FOR ENLISTED MEN OF THE NAVY IN CORRESPONDING RATINGS. * * *

AT THE TIME OF ITS ENACTMENT, THIS PROVISION OBVIOUSLY WAS INTENDED PRIMARILY AS ESTABLISHING, IN CONCISE LANGUAGE, A SCHEDULE OF RATES OF BASE AND LONGEVITY PAY FOR ENLISTED MEN OF THE INSULAR FORCE. ITS GENERAL TERMS MAY NOT BE GIVEN GREATER EFFECT IN DETERMINING THE RIGHTS OF MEMBERS OF THE INSULAR FORCE UNDER A LATER ASSIMILATING STATUTE THAN THE SPECIFIC TERMS OF THE LATER STATUTORY PROVISION AUTHORIZING THE QUALIFIED ASSIMILATION.

ACCORDINGLY, BOTH OF YOUR QUESTIONS ARE ANSWERED IN THE NEGATIVE WITH THE QUALIFICATION THAT SHOULD THE SECRETARY OF WAR--- IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MAY 10, 1926, 44 STAT. 496, AMENDING SECTION 36 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT. 757-- AUTHORIZE ADDITIONAL PAY FOR PHILIPPINE SCOUTS UNDER THE CONDITIONS AND LIMITATIONS FIXED FOR ENLISTED PERSONNEL OF THE REGULAR ARMY BY SECTION 8 OF THE SERVICE EXTENSION ACT OF 1941 (SEE 21 COMP. GEN. 365), ENLISTED MEN OF THE INSULAR FORCE WOULD THEN BE ENTITLED TO ADDITIONAL PAY CORRESPONDING TO THAT FIXED FOR MEN IN SIMILAR GRADES IN THE PHILIPPINE SCOUTS.