B-29464, OCTOBER 29, 1942, 22 COMP. GEN. 411

B-29464: Oct 29, 1942

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IS LEGAL SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES. ARE SUPERSEDED BY THE LATER ACT TO THE EXTENT OF SUCH INCONSISTENCIES. THE QUESTIONS WILL BE CONSIDERED IN THEIR ORDER. ARE REFERENCES TO SECTIONS OF THE ACT OF JUNE 16. ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY. SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT. SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY. SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY.

B-29464, OCTOBER 29, 1942, 22 COMP. GEN. 411

PAY - LONGEVITY - SERVICE CREDITS NATIONAL GUARD AND RESERVE OFFICERS ENTITLED TO PAY UNDER SECTION 3 AND 14 OF THE PAY READJUSTMENT ACT OF 1942 MAY NOT COUNT COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE FOR PURPOSES OF LONGEVITY PAY UNDER SAID SECTION 3. A NATIONAL GUARD OR RESERVE OFFICER, ENTITLED TO PAY UNDER SECTIONS 3 AND 14 OF THE PAY READJUSTMENT ACT OF 1942, WHO HELD A COMMISSION IN THE INACTIVE NATIONAL GUARD CONCURRENTLY WITH A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES MAY COUNT HIS COMMISSIONED SERVICE IN THE NATIONAL GUARD OF THE UNITED STATES FOR PURPOSES OF LONGEVITY PAY UNDER SAID SECTION 3, BUT HE MAY NOT COUNT THE COMMISSIONED SERVICE IN THE INACTIVE NATIONAL GUARD. A NATIONAL GUARD OR RESERVE OFFICER, ENTITLED TO PAY UNDER SECTIONS 3 AND 14 OF THE PAY READJUSTMENT ACT OF 1942, WHO HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES WHILE SERVING AS A WARRANT OFFICER OR ENLISTED MAN IN THE ACTIVE NATIONAL GUARD MAY COUNT THE COMMISSIONED SERVICE FOR PURPOSES OF LONGEVITY PAY UNDER SAID SECTION 3. WHERE, BECAUSE OF THE DUAL STATUS WHICH MAY EXIST IN THE NATIONAL GUARD AND THE NATIONAL GUARD OF THE UNITED STATES, AN OFFICER HAS MET FOR THE SAME PERIOD THE REQUIREMENTS OF THE PAY READJUSTMENT ACT OF 1942 WITH RESPECT TO SERVICE IN THE NATIONAL GUARD AND THE NATIONAL GUARD OF THE UNITED STATES WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES, THE LAW DOES NOT AUTHORIZE OR CONTEMPLATE THE COUNTING OF DOUBLE TIME FOR SUCH PERIOD. THE LONGEVITY INCREASE IN PAY AUTHORIZED BY SECTIONS 3 AND 8 OF THE PAY READJUSTMENT ACT OF 1942 FOR NATIONAL GUARD OFFICERS AND WARRANT OFFICERS, RESPECTIVELY, MAY NOT BE INCLUDED IN THE COMPUTATION OF THEIR ARMORY DRILL PAY UNDER SECTION 14 OF THE ACT. WARRANT OFFICERS OF THE NATIONAL GUARD, WHEN IN THE ACTIVE FEDERAL SERVICE OR WHEN PARTICIPATING IN EXERCISES OR PERFORMING DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, MAY COUNT PRIOR SERVICE IN THE ACTIVE NATIONAL GUARD AS A WARRANT OFFICER OR ENLISTED MAN FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 8 OF THE PAY READJUSTMENT ACT OF 1942, BUT SERVICE IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, MAY NOT BE COUNTED. THE SERVICE CONTEMPLATED BY THE PHRASE "SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA" CONTAINED IN SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, RELATIVE TO LONGEVITY PAY OF ENLISTED MEN, IS LEGAL SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA AS DISTINGUISHED FROM SERVICE IN THE INACTIVE NATIONAL GUARD OR THE NATIONAL GUARD RESERVE. AN ENLISTED MAN MAY NOT COUNT STATE SERVICE, WHETHER ACTIVE OR INACTIVE, IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, BUT FEDERAL SERVICE AS A MEMBER OF THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, BEING ACTIVE SERVICE IN THE ARMY OR A COMPONENT THEREOF UNDER STATUTES THEN IN EFFECT, MAY BE COUNTED. AN ENLISTED MAN MAY COUNT SERVICE IN THE ACTIVE NATIONAL GUARD, WHETHER IN FEDERAL SERVICE OR NOT IN FEDERAL SERVICE, FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942. THE PROVISIONS OF SECTION 1 OF THE ACT OF MAY 4, 1942, PRESCRIBING SERVICE WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES BY WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES, BEING INCONSISTENT WITH THE MORE LIBERAL PROVISIONS IN SECTIONS 8 AND 9 OF THE SUBSEQUENTLY ENACTED PAY READJUSTMENT ACT OF 1942 RELATIVE TO THE SERVICE WHICH MAY BE COUNTED BY WARRANT OFFICERS AND ENLISTED MEN, ARE SUPERSEDED BY THE LATER ACT TO THE EXTENT OF SUCH INCONSISTENCIES. ENLISTED MEN MAY COUNT BOTH ACTIVE AND INACTIVE SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY FOR PURPOSES OF LONGEVITY PAY UNDER SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942. INACTIVE SERVICE IN THE REGULAR ARMY RESERVE MAY NOT BE COUNTED BY WARRANT OFFICERS AND ENLISTED MEN FOR PURPOSES OF LONGEVITY PAY UNDER SECTIONS 8 AND 9, RESPECTIVELY, OF THE PAY READJUSTMENT ACT OF 1942.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, OCTOBER 29, 1942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF OCTOBER 7, 1942, REQUESTING DECISION ON SEVERAL QUESTIONS RELATIVE TO THE SERVICE WHICH MAY BE COUNTED BY COMMISSIONED OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN FOR LONGEVITY PAY PURPOSES UNDER THE PROVISIONS OF THE ACT OF JUNE 16, 1942, 56 STAT. 359, PUBLIC LAW 607. THE QUESTIONS WILL BE CONSIDERED IN THEIR ORDER; ALL REFERENCES TO CERTAIN SECTIONS OF "THE ACT," UNLESS OTHERWISE INDICATED, ARE REFERENCES TO SECTIONS OF THE ACT OF JUNE 16, 1942. SECTION 3, 56 STAT. 360, OF THE ACT PROVIDES IN PART, AS FOLLOWS:

WHEN OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, INCLUDING RESERVE OFFICERS, ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY, UNLESS ENTITLED TO THE PAY OF A HIGHER PERIOD UNDER THE PROVISIONS OF SECTION 14 OF THIS ACT. SUCH OFFICERS WHENEVER ENTITLED TO FEDERAL PAY, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, SHALL RECEIVE AS LONGEVITY PAY, IN ADDITION TO BASE PAY, AN INCREASE THEREOF AT THE PERCENTUM AND TIME RATES UP TO THIRTY YEARS PROVIDED IN SECTION 1 OF THIS ACT. IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES, OR IN THE OFFICERS RESERVE CORPS, OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE, NAVAL RESERVE, MARINE CORPS RESERVE FORCE, MARINE CORPS RESERVE, COAST GUARD RESERVE, AND THE RESERVE CORPS OF THE PUBLIC HEALTH SERVICE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE.

SECTION 14, 56 STAT. 367, PROVIDES IN PART AS FOLLOWS:

OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY, NAVY, MARINE CORPS, COAST GUARD, OR PUBLIC HEALTH SERVICE.

OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE NATIONAL GUARD, WHEN IN THE FEDERAL SERVICE OR WHEN PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY.

THE ABOVE-QUOTED PROVISIONS HAVE BEEN CONSTRUED AS PROVIDING THAT RESERVE OFFICERS HAVING SERVICE AS PRESCRIBED IN SECTION 1 OF THE ACT MAY BE PAID THE SAME PAY AS AUTHORIZED FOR OFFICERS OF THE REGULAR SERVICES UNDER SECTION 1 OF THE ACT INSOFAR AS PERIOD PAY IS CONCERNED, 22 COMP. GEN. 33, BUT THIS DECISION DID NOT DENY TO RESERVE OFFICERS OR OFFICERS OF THE NATIONAL GUARD ENTITLED TO PAY UNDER SECTION 3 OF THE ACT, THE RIGHT TO COUNT SERVICE FOR LONGEVITY INCREASE IN PAY AS SPECIFICALLY PROVIDED FOR THEM IN SECTION 3. THIS CONSTRUCTION OF THE STATUTE WAS FOLLOWED IN B- 28825, OCTOBER 6, 1942; B-28760, OCTOBER 6, 1942, 22 COMP. GEN. 320; AND B -28672, SEPTEMBER 21, 1942. YOUR FIRST QUESTION IS AS FOLLOWS:

A. UNDER THE ABOVE PROVISIONS OF LAW ( SECTIONS 3 AND 14 OF THE ACT), MAY OFFICERS COUNT, FOR LONGEVITY PAY PURPOSES, THE FOLLOWING TYPES OF SERVICE:

(1) PERIODS OF COMMISSIONED SERVICE IN THE NATIONAL GUARD RESERVE?

THE IDENTICAL QUESTION WAS CONSIDERED IN DECISION DATED SEPTEMBER 21, 1942, B-28672, AND IT WAS HELD THAT THE COUNTING OF SERVICE IN THE NATIONAL GUARD RESERVE OR THE INACTIVE NATIONAL GUARD BY OFFICERS ENTITLED TO LONGEVITY PAY UNDER SECTION 3 OF THE ACT, WAS NOT AUTHORIZED. IT WAS STATED IN THE DECISION THAT---

THE NATIONAL GUARD RESERVE IS NOT MENTIONED IN THE TITLE OF THE ACT (THE ACT OF JUNE 16, 1942) AND IS NOT LISTED AMONG THE ADDITIONAL ORGANIZATIONS IN WHICH PRIOR SERVICE MAY BE COUNTED FOR LONGEVITY PAY PURPOSES. THE CAREFUL AND EXTENSIVE ENUMERATION OF SUCH ORGANIZATIONS AND THE OMISSION OF THE NATIONAL GUARD RESERVE OR INACTIVE NATIONAL GUARD FROM SUCH LIST LEAD TO THE CONCLUSION IT WAS NOT THE INTENT THAT SERVICE IN THE LATTER ORGANIZATION BE CONSIDERED IN THE COMPUTATION OF LONGEVITY PAY OF RESERVE OFFICERS. SEE 20 COMP. GEN. 520. YOUR QUESTION A (1) IS ANSWERED NO. SEE ALSO 2 COMP. GEN. 765.

THE TWO REMAINING SUBSECTIONS OF QUESTION A ARE AS FOLLOWS:

(2) PERIODS OF COMMISSIONED SERVICE IN THE INACTIVE NATIONAL GUARD WHILE HOLDING A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES?

(3) PERIODS DURING WHICH THEY HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES WHILE SERVING AS A WARRANT OFFICER OR ENLISTED MAN IN THE ACTIVE NATIONAL GUARD?

IN DECISION OF OCTOBER 6, 1942, B-28825, THERE WAS CONSIDERED THE QUESTION WHETHER AN OFFICER ENTITLED TO LONGEVITY PAY UNDER SECTION 3 OF THE ACT, WAS ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES, TIME DURING WHICH HE HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES WHEN, AT THE SAME TIME, HE WAS AN ENLISTED MAN OF THE NATIONAL GUARD. WAS HELD THEREIN THAT---

SECTION 3 OF THE ACT OF JUNE 16, 1942, PUBLIC LAW 607, 77TH CONGRESS, EFFECTIVE JUNE 1, 1942, PROVIDES THAT OFFICERS OF THE NATIONAL GUARD OR OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THAT ACT WHEN ENTITLED TO FEDERAL PAY, SHALL BE CREDITED FOR LONGEVITY PAY PURPOSES "WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS * * * IN THE NATIONAL GUARD, NATIONAL GUARD OF THE UNITED STATES, OR IN THE OFFICERS RESERVE CORPS * * *.'

THE SECTION THUS PROVIDES IN CLEAR AND UNEQUIVOCAL LANGUAGE FOR CREDIT FOR FULL TIME DURING WHICH COMMISSIONS WERE HELD IN THE TWO COMPONENTS OF THE ARMY OF THE UNITED STATES IN WHICH LIEUTENANT REED HAS HAD SERVICE. THERE IS NO QUALIFICATION AS TO ACTIVE DUTY.

EACH OF THE QUESTIONS NOW BEING CONSIDERED REFERS TO TIME DURING WHICH AN OFFICER HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES AND THE LAW AUTHORIZES THE COUNTING OF SUCH SERVICE. HOWEVER, WHERE, BECAUSE OF THE DUAL STATUS WHICH MAY EXIST IN THE NATIONAL GUARD AND THE NATIONAL GUARD OF THE UNITED STATES, AN OFFICER FOR THE SAME PERIOD HAS MET THE REQUIREMENTS OF THE STATUTE WITH RESPECT TO BOTH SERVICE IN THE NATIONAL GUARD AND SERVICE IN THE NATIONAL GUARD OF THE UNITED STATES, THE LAW DOES NOT AUTHORIZE OR CONTEMPLATE THE COUNTING OF DOUBLE TIME FOR SUCH PERIOD. YOUR QUESTION A (2) IS ANSWERED BY SAYING THE OFFICER IS NOT ENTITLED TO CREDIT FOR TIME IN THE INACTIVE NATIONAL GUARD, BUT THAT HE IS ENTITLED TO CREDIT FOR THE TIME HE HELD A COMMISSION IN THE NATIONAL GUARD OF THE UNITED STATES; AND YOUR QUESTION A (3) IS ANSWERED YES.

SECTION 109 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, AS AMENDED BY SECTION 3 OF THE ACT OF OCTOBER 14, 1940, 54 STAT. 1136, PROVIDES IN PART:

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, OFFICERS AND WARRANT OFFICERS OF THE NATIONAL GUARD, EXCEPT GENERAL OFFICERS, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY PRESCRIBED FOR THEM IN SECTIONS 3 AND 9 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, FOR EACH REGULAR DRILL, PERIOD OF APPROPRIATE DUTY, OR OTHER EQUIVALENT PERIOD OF TRAINING, AUTHORIZED BY THE SECRETARY OF WAR, NOT EXCEEDING EIGHT IN ANY ONE CALENDAR MONTH AND NOT EXCEEDING SIXTY IN ANY ONE FISCAL YEAR, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR THE ENTIRE PERIOD OF NOT LESS THAN ONE AND ONE-HALF HOURS: PROVIDED, THAT SUCH PAY SHALL BE IN ADDITION TO COMPENSATION FOR ATTENDANCE AT FIELD OR COAST- DEFENSE INSTRUCTION OR MANEUVERS, * * *

SECTION 14 OF THE ACT OF JUNE 16, 1942, PROVIDES THAT---

UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, OFFICERS OF THE NATIONAL GUARD, OTHER THAN GENERAL OFFICERS, AND WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY PAY AUTHORIZED FOR SUCH PERSONS WHEN IN THE FEDERAL SERVICE, FOR EACH REGULAR DRILL, PERIOD OF APPROPRIATE DUTY, OR OTHER EQUIVALENT PERIOD OF TRAINING, AUTHORIZED BY THE SECRETARY OF WAR, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR THE ENTIRE PRESCRIBED PERIOD OF TIME: PROVIDED, THAT SUCH PAY SHALL BE IN ADDITION TO COMPENSATION FOR ATTENDANCE AT FIELD- OR COAST-DEFENSE INSTRUCTION OR MANEUVERS. * * *

YOUR QUESTION B IS AS FOLLOWS:

B. IS THE LONGEVITY INCREASE TO BE INCLUDED IN COMPUTING ARMORY DRILL PAY FOR OFFICERS OF THE NATIONAL GUARD? THE PROVISIONS OF SECTION 3 AND SECTION 14 QUOTED ABOVE APPEAR TO BE IN CONFLICT ON THIS QUESTION.

IT IS NOTED THAT THE ACT OF JULY 2, 1942, 56 STAT. 625, MAKING APPROPRIATIONS FOR THE MILITARY ESTABLISHMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1943, UNDER THE HEADING NATIONAL GUARD, 56 STAT. 625, MAKES A TOTAL SUM OF $99,900 AVAILABLE FOR ANY OF THE OBJECTS SPECIFIED IN THE APPROPRIATIONS FOR THE NATIONAL GUARD IN THE MILITARY APPROPRIATION ACT, 1942. WITH SUBSTANTIALLY ALL QUALIFIED MEMBERS OF THE NATIONAL GUARD ON ACTIVE FEDERAL SERVICE, IT IS OBVIOUS THAT FEW, IF ANY, PAYMENTS OF ARMORY DRILL PAY ARE AUTHORIZED AT THE PRESENT TIME. IN FACT IT IS UNDERSTOOD THAT INSTRUCTIONS HAVE BEEN ISSUED BY THE NATIONAL GUARD BUREAU THAT NO ARMORY DRILL PAY WILL BE PAID DURING THE PRESENT WAR.

THE STATUTE IN EFFECT PRIOR TO THE ACT OF JUNE 16, 1942, AUTHORIZING ARMORY DRILL PAY FOR OFFICERS OF THE NATIONAL GUARD, CLEARLY PROVIDED THAT SUCH PAY WAS TO BE "ONE-THIRTIETH OF THE MONTHLY BASE PAY" PRESCRIBED FOR THEM IN SECTION 3 OF THE PAY READJUSTMENT ACT OF JUNE 10, 1922, 42 STAT. 627. INCREASES IN PAY AUTHORIZED BECAUSE OF LENGTH OF SERVICE, WERE NOT CONSIDERED IN COMPUTING ARMORY DRILL PAY UNDER THIS ACT OR THE PRIOR ACTS. SEE SECTION 47 OF THE ACT OF JUNE 4, 1920, 41 STAT. 783, AND SECTION 3 OF THE ACT OF JUNE 3, 1924, 43 STAT. 364. IN SECTION 14 OF THE ACT OF JUNE 16, 1942, ARMORY DRILL PAY FOR OFFICERS OF THE NATIONAL GUARD IS AUTHORIZED AT THE RATE OF "ONE THIRTIETH OF THE MONTHLY PAY AUTHORIZED FOR SUCH PERSONS WHEN IN THE FEDERAL SERVICE; " HOWEVER, THE CHANGE IN LANGUAGE IS NOT MATERIAL INSOFAR AS LONGEVITY PAY IS CONCERNED. LONGEVITY PAY FOR NATIONAL GUARD OFFICERS IS AUTHORIZED IN SECTION 3 OF THE ACT AND IT IS THERE EXPRESSLY PROVIDED THAT SUCH OFFICERS SHALL RECEIVE THE PRESCRIBED ADDITION TO THEIR BASE PAY WHENEVER ENTITLED TO FEDERAL PAY,"EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY.' THE LANGUAGE IN SECTION 14 OF THE ACT, WHEN CONSIDERED WITH THE SPECIFIC PROVISIONS OF SECTION 3, MAKES IT CLEAR THAT THE "PAY" TO WHICH REFERENCE IS MADE IN SECTION 14, IS THE BASE PAY TO WHICH NATIONAL GUARD PERSONNEL ARE ENTITLED WHEN IN FEDERAL SERVICE AND NOT BASE PAY PLUS LONGEVITY INCREASES. YOUR QUESTION B IS ANSWERED ACCORDINGLY.

SECTION 8 OF THE ACT, 56 STAT. 362, PROVIDES FOR THE PAY OF WARRANT OFFICERS OF THE ARMY AND OTHER SERVICES AND CONTAINS THE FOLLOWING PROVISION:

EVERY PERSON PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS PERIOD FOR EACH THREE YEARS OF SERVICE, NOT EXCEEDING THIRTY YEARS. SUCH SERVICE SHALL BE: ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE; PROVIDED, THAT COMMISSIONED WARRANT OFFICERS SHALL BE CREDITED ONLY WITH ALL COMMISSIONED SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT INCLUDING COMMISSIONED SERVICE IN THE RESERVE COMPONENTS THEREOF AND THE NATIONAL GUARD.

YOUR QUESTION C IS AS FOLLOWS:

C. ARE WARRANT OFFICERS OF THE NATIONAL GUARD ENTITLED TO COUNT, FOR LONGEVITY PAY PURPOSES, PRIOR SERVICE IN THE ACTIVE NATIONAL GUARD OR ORGANIZED MILITIA EITHER AS A WARRANT OFFICER OR ENLISTED MAN:

(1) WHEN IN ACTIVE FEDERAL SERVICE?

(2) WHEN PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT?

(3) WHEN IN AN ARMORY DRILL PAY STATUS?

UNDER SECTION 14 OF THE ACT, WARRANT OFFICERS OF THE NATIONAL GUARD WHEN IN THE FEDERAL SERVICE OR WHEN PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, 39 STAT. 206, 207, AS AMENDED, ARE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY. YOUR QUESTION IS WHETHER A WARRANT OFFICER OF THE NATIONAL GUARD ON THE DUTY INDICATED MAY COUNT PRIOR SERVICE IN THE ACTIVE NATIONAL GUARD OR ORGANIZED MILITIA EITHER AS A WARRANT OFFICER OR AS AN ENLISTED MAN. IT IS ASSUMED THAT YOU REFER TO THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916. REFERENCES TO THE ORGANIZED MILITIA HAVE BEEN MADE IN MORE RECENT ACTS IN CONNECTION WITH THE NAVAL MILITIA AND PERHAPS IN OTHER ENACTMENTS (SEE SECTION 28 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1088, 34 U.S.C. 841, AND SECTION 401 OF THE ACT OF JUNE 25, 1938, 52 STAT. 1185, 34 U.S.C. 856) BUT THIS DECISION IS NOT TO BE CONSTRUED AS HAVING REFERENCE TO SUCH ACTS.

SECTION 111 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 211, AS AMENDED BY SECTION 49 OF THE ACT OF JUNE 4, 1920, 41 STAT. 784, AND SECTION 18 OF THE ACT OF JUNE 15, 1933, 48 STAT. 160, RELATING TO THE NATIONAL GUARD WHEN ORDERED INTO FEDERAL SERVICE, PROVIDES THAT OFFICERS AND ENLISTED MEN IN THE SERVICE OF THE UNITED STATES UNDER THE TERMS THEREOF, SHALL HAVE THE SAME PAY AND ALLOWANCES "PROVIDED BY LAW FOR OFFICERS AND ENLISTED MEN OF THE RESERVE FORCES WHEN ORDERED TO ACTIVE DUTY, EXCEPT BRIGADIER GENERALS AND MAJOR GENERALS. * * *" THE SERVICE WHICH WAS AUTHORIZED TO BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER THIS SECTION BY ENLISTED MEN ORDERED INTO THE FEDERAL SERVICE, PURSUANT TO THE PROVISIONS OF PUBLIC RESOLUTION NO. 96, APPROVED AUGUST 27, 1940, WAS CONSIDERED IN 20 COMP. GEN. 136, AND IT WAS HELD THAT THE SERVICE AUTHORIZED TO BE COUNTED WAS THE SERVICE WHICH MAY BE COUNTED BY ENLISTED MEN OF THE REGULAR ARMY; PRIOR SERVICE IN THE NATIONAL GUARD WHILE NOT IN FEDERAL SERVICE COULD NOT BE COUNTED. IT IS STATED IN THAT DECISION ON PAGE 139, THAT:

IT IS ONLY SERVICE WHICH AN ENLISTED MAN OF THE REGULAR ARMY MAY COUNT FOR LONGEVITY INCREASE THAT IS AUTHORIZED TO BE COUNTED BY ENLISTED MEMBERS OF THE NATIONAL GUARD OF THE UNITED STATES, AND IT IS ONLY THAT "LENGTH OF SERVICE" WHICH A MEMBER OF THE ENLISTED RESERVE CORPS MAY COUNT UNDER SECTION 55 (B) OF THE NATIONAL DEFENSE ACT. * * * THE SAME CONCLUSION WAS REACHED IN THE CASE OF WARRANT OFFICERS OF THE NATIONAL GUARD IN THE FEDERAL SERVICE. SEE 20 COMP. GEN. 750.

BY THE ACT OF MAY 4, 1942, 56 STAT. 266, PUBLIC LAW NO. 538, WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD OF THE UNITED STATES WERE AUTHORIZED TO COUNT FOR LONGEVITY PAY PURPOSES PRIOR ACTIVE AND INACTIVE SERVICE IN THE NAVAL RESERVE, MARINE CORPS RESERVE AND NATIONAL GUARD, EXCEPT THAT ONLY ACTIVE FEDERAL SERVICE IN THE INACTIVE NATIONAL GUARD COULD BE COUNTED. AS INDICATED BY THE QUOTED PORTION OF SECTION 8 OF THE ACT, WARRANT OFFICERS IN THE REGULAR ARMY MAY COUNT AMONG OTHER SERVICE,"SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES AND THE DISTRICT OF COLUMBIA.' WHILE THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, WAS REFERRED TO AS THE MILITIA, THE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND DISTRICT OF COLUMBIA, AND PERHAPS OTHER NAMES (SEE SECTIONS 1 AND 3 OF THE ACT OF JANUARY 21, 1903, 32 STAT. 775 AND SECTIONS 1 AND 3 OF THE ACT OF MAY 27, 1908, 35 STAT. 399), WHERE SERVICE IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, HAS BEEN INCLUDED IN SERVICE WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES IT HAS BEEN EXPRESSLY MENTIONED. SEE SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, AND SECTION 3 OF THE ACT OF JUNE 16, 1942. THE SERVICE AUTHORIZED TO BE COUNTED IS THE SERVICE EXPRESSLY MENTIONED AND IT CANNOT BE PRESUMED THAT BY AUTHORIZING THE COUNTING OF SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES AND THE DISTRICT OF COLUMBIA, IT WAS INTENDED TO AUTHORIZE THE COUNTING OF SERVICE IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916.

SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, PRESCRIBING THE PAY FOR WARRANT OFFICERS PROVIDED THAT THEY WERE ENTITLED TO "AN INCREASE OF 5 PERCENTUM OF THEIR BASE PAY FOR SUCH FOUR YEARS OF SERVICE" IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THAT ACT. THIS STATUTE DID NOT DEFINE THE WORD "SERVICE" TO INDICATE WHAT TYPE OF SERVICE WARRANT OFFICERS WERE AUTHORIZED TO COUNT FOR LONGEVITY PAY PURPOSES. UNDER THIS PROVISION, IT WAS THE PRACTICE TO COUNT SERVICE BOTH AS AN ENLISTED MAN AND AS A WARRANT OFFICER. IT DOES NOT APPEAR THAT THE PRESENT PROVISION REQUIRES A DIFFERENT CONSTRUCTION IN THIS CONNECTION. ACCORDINGLY, YOUR QUESTIONS C (1) AND C (2) ARE ANSWERED BY SAYING THAT PRIOR SERVICE IN THE ACTIVE NATIONAL GUARD, BUT NOT ORGANIZED MILITIA, MAY BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER THE CIRCUMSTANCES MENTIONED, WHETHER THE SERVICE IS AS AN ENLISTED MAN OR A WARRANT OFFICER. OF COURSE, THE FOREGOING IS NOT APPLICABLE TO COMMISSIONED WARRANT OFFICERS.

YOUR QUESTION C (3) IS WHETHER WARRANT OFFICERS OF THE NATIONAL GUARD ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES, PRIOR SERVICE IN THE ACTIVE NATIONAL GUARD OR ORGANIZED MILITIA, EITHER AS A WARRANT OFFICER OR ENLISTED MAN WHEN IN AN ARMORY DRILL PAY STATUS. THE ANSWER TO THIS QUESTION IS NO. SEE THE ANSWER TO QUESTION B AND SECTION 110 OF THE NATIONAL DEFENSE ACT, 39 STAT. 209.

SECTION 9 OF THE ACT, 56 STAT. 363, IS IN PART AS FOLLOWS:

EVERY ENLISTED MAN PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS GRADE FOR SUCH THREE YEARS OF SERVICE UP TO THIRTY YEARS. SUCH SERVICE SHALL BE ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT OR RESERVE COMPONENTS THEREOF; SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA; AND SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE.

YOUR QUESTION D IS:

UNDER THE ABOVE PROVISION, WHAT CONSTITUTES "SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA?

THE SERVICE CONTEMPLATED BY THIS PROVISION IS LEGAL SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, AND THE DISTRICT OF COLUMBIA AS DISTINGUISHED FROM SERVICE IN THE INACTIVE NATIONAL GUARD OR THE NATIONAL GUARD RESERVE. SEE ALSO THE ANSWERS TO QUESTIONS C AND E.

YOUR QUESTION E IS AS FOLLOWS:

MAY ENLISTED MEN COUNT SERVICE IN THE FOLLOWING INSTANCES:

(1) SERVICE AS AN ACTIVE MEMBER OF THE STATE MILITIA ( ORGANIZED MILITIA), PRIOR TO JULY 1, 1916 IF FEDERALLY RECOGNIZED.

(2) SERVICE AS AN ACTIVE MEMBER OF THE STATE MILITIA ( ORGANIZED MILITIA), PRIOR TO JULY 1, 1916 IF NOT FEDERALLY RECOGNIZED?

(3) SERVICE AS AN ACTIVE MEMBER OF THE STATE MILITIA ( ORGANIZED MILITIA), PRIOR TO JULY 1, 1916, IF FEDERALLY RECOGNIZED, WHILE IN FEDERAL SERVICE?

(4) SERVICE AS AN ACTIVE MEMBER OF THE STATE MILITIA ( ORGANIZED MILITIA), PRIOR TO JULY 1, 1916, IF FEDERALLY RECOGNIZED, BUT NOT IN FEDERAL SERVICE?

(5) SERVICE AS AN INACTIVE MEMBER OF THE STATE MILITIA ( ORGANIZED MILITIA), PRIOR TO JULY 1, 1916, EITHER FEDERALLY RECOGNIZED OR NOT FEDERALLY RECOGNIZED?

(6) SERVICE AS AN ACTIVE MEMBER OF THE NATIONAL GUARD WHILE IN FEDERAL SERVICE?

(7) SERVICE AS AN ACTIVE MEMBER OF THE NATIONAL GUARD NOT IN FEDERAL SERVICE? QUESTIONS (1) AND (4) APPARENTLY COVER AN IDENTICAL SITUATION, QUESTION (4) BEING THE SAME AS QUESTION (1) WITH THE ADDITION "BUT NOT IN FEDERAL SERVICE" WHICH IS IMPLIED IN QUESTION (1).

THE MANNER IN WHICH THE QUESTIONS ARE STATED INDICATES THAT SOME IMPORTANCE IS ATTACHED TO WHETHER OR NOT AN ENLISTED MAN OF THE STATE MILITIA ( ORGANIZED MILITIA) WAS " FEDERALLY OGNIZED.' THIS OFFICE KNOWS OF NO PROVISION FOR FEDERAL RECOGNITION OF AN ENLISTED MAN OF THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916. IT IS NOTED, ALSO, THAT A MAN ELIGIBLE FOR ENLISTMENT IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, WOULD NOW BE PAST OR NEARING 50 YEARS OF AGE. HOWEVER, THIS QUESTION INSOFAR AS IT REFERS TO THE COUNTING OF SERVICE IN THE ORGANIZED MILITIA IS SUBSTANTIALLY ANSWERED IN THE REPLY TO QUESTION C. THE PROVISIONS OF SECTION 9 OF THE ACT WITH RESPECT TO LONGEVITY PAY ARE NOT MATERIALLY DIFFERENT FROM THE PROVISIONS OF SECTION 8 OF THE ACT. ACCORDINGLY STATE SERVICE IN THE ORGANIZED MILITIA WHETHER ACTIVE OR INACTIVE, PRIOR TO JULY 1, 1916, MAY NOT BE COUNTED BY ENLISTED MEN RECEIVING PAY THEREUNDER. YOUR QUESTIONS E (1), (2), (4), AND (5) ARE ANSWERED ACCORDINGLY.

AS TO YOUR QUESTION E (3), IF THE ENLISTED MAN WAS IN FEDERAL SERVICE IT WAS ACTIVE SERVICE IN THE ARMY OR IN A COMPONENT THEREOF AND IS AUTHORIZED TO BE COUNTED. SEE SECTION 2 OF THE ACT OF APRIL 22, 1898, 30 STAT. 361 AND SECTION 1 OF THE ACT OF APRIL 25, 1914, 38 STAT. 347.

WITH REFERENCE TO SERVICE AS AN ACTIVE MEMBER OF THE NATIONAL GUARD, WHETHER IN FEDERAL SERVICE OR NOT IN FEDERAL SERVICE, YOUR QUESTION IS ANSWERED YES. THERE IS NO REQUIREMENT THAT THE SERVICE BE FEDERAL SERVICE. QUESTIONS (6) AND (7) ARE ANSWERED ACCORDINGLY.

YOUR QUESTION F IS AS FOLLOWS:

F. DOES SECTION 8 AND 9, PAY READJUSTMENT ACT OF 1942, SUPRA, REPEAL SECTION 1 OF THE ACT OF MAY 4, 1942 ( PUBLIC LAW 538--- 77TH CONGRESS) * *

SECTION 1 OF THE ACT OF MAY 4, 1942, 56 STAT. 266, PROVIDES:

THAT HEREAFTER WARRANT OFFICERS AND ENLISTED MEN OF THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD OF THE UNITED STATES SHALL BE CREDITED WITH LONGEVITY FOR PAY PURPOSES ON THE BASIS OF FULL TIME FOR ALL SERVICE SINCE JUNE 30, 1925, BOTH ACTIVE AND INACTIVE, IN THE NAVAL RESERVE, MARINE CORPS RESERVE, AND THE NATIONAL GUARD:PROVIDED, THAT WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD OF THE UNITED STATES SHALL NOT BE CREDITED FOR THIS PURPOSE WITH FULL TIME SERVED IN THE INACTIVE NATIONAL GUARD NOT IN THE ACTIVE FEDERAL SERVICE.

SECTION 14 OF THE ACT PROVIDES THAT WARRANT OFFICERS AND ENLISTED MEN OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT, INCLUDING THE NAVAL RESERVE AND MARINE CORPS RESERVE MENTIONED IN THE ACT OF MAY 4, 1942, WHEN ON ACTIVE DUTY IN THE SERVICE OF THE UNITED STATES, SHALL BE ENTITLED TO RECEIVE THE SAME PAY AND ALLOWANCES AS ARE AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY, NAVY, MARINE CORPS, COAST GUARD, OR PUBLIC HEALTH SERVICE. WARRANT OFFICERS AND ENLISTED MEN OF THE NATIONAL GUARD, WHEN IN THE FEDERAL SERVICE OR WHEN PARTICIPATING IN EXERCISES OR PERFORMING THE DUTIES PROVIDED FOR BY SECTIONS 94, 97, AND 99 OF THE NATIONAL DEFENSE ACT, AS AMENDED, SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS AUTHORIZED FOR PERSONS OF CORRESPONDING GRADE AND LENGTH OF SERVICE IN THE REGULAR ARMY. SECTIONS 8 AND 9 OF THE ACT, SET OUT THE BASE PAY AUTHORIZED FOR THIS PERSONNEL IN THE REGULAR SERVICES AND IN EACH SECTION, PROVISION IS MADE AS TO THE SERVICE WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES. THE PROVISIONS OF THESE SECTIONS RELATIVE TO THE SERVICE WHICH MAY BE COUNTED FOR LONGEVITY PAY (QUOTED IN CONNECTION WITH QUESTIONS C AND D ABOVE) ARE INCONSISTENT WITH THE LIMIT FIXED IN THE ACT OF MAY 4, 1942, AND IN VIEW OF SECTION 14 OF THE ACT, IT DOES NOT APPEAR THAT IT WAS THE INTENT OF THE LAW TO LIMIT THE PARTICULAR SERVICES MENTIONED IN THE MAY 4 ACT TO THE LONGEVITY CREDITS SPECIFIED THEREIN. THE ACT OF MAY 4, 1942, TO THAT EXTENT HAS BEEN SUPERSEDED BY THE ACT OF JUNE 16, 1942.

YOUR QUESTION G IS AS FOLLOWS:

G. MAY BOTH ACTIVE AND INACTIVE SERVICE IN THE ENLISTED RESERVE CORPS BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942?

THE ENLISTED RESERVE CORPS IS AUTHORIZED BY SECTION 55 OF THE NATIONAL DEFENSE ACT OF JUNE 3, 1916, 39 STAT. 195, AS AMENDED BY SECTION 35 OF THE ACT OF JUNE 4, 1920, 41 STAT. 780, THE ACT OF JUNE 8, 1926, 44 STAT. 704, AND THE ACT OF MARCH 15, 1940, 54 STAT. 53; IT IS PART OF THE ARMY OF THE UNITED STATES. IT IS A RESERVE COMPONENT OF THE ARMY. SECTION 9 OF THE ACT PROVIDES THAT FOR LONGEVITY PAY PURPOSES, AN ENLISTED MAN PAID UNDER THAT SECTION MAY COUNT ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT OR RESERVE COMPONENTS THEREOF. IN THE NEXT CLAUSE THEY ARE AUTHORIZED TO COUNT SERVICE IN THE ACTIVE NATIONAL GUARD OF THE SEVERAL STATES, TERRITORIES, OR THE DISTRICT OF COLUMBIA, AND IN THE NEXT CLAUSE SERVICE IN THE ENLISTED RESERVE CORPS OF THE ARMY, THE NAVAL RESERVE, THE MARINE CORPS RESERVE, AND THE COAST GUARD RESERVE. ACTIVE FEDERAL SERVICE HAVING BEEN EXPRESSLY COVERED BY THE FIRST CLAUSE, IT IS CLEAR THAT THE SERVICE REFERRED TO IN THE LAST CLAUSE IS INACTIVE SERVICE. QUESTION G IS ANSWERED YES.

YOUR QUESTION H IS AS FOLLOWS:

H. MAY SERVICE IN THE REGULAR ARMY RESERVE, WHILE NOT ON ACTIVE DUTY, BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER EITHER SECTION 8 OR SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA?

THE REGULAR ARMY RESERVE, ABOLISHED BY THE ACT OF JUNE 4, 1920, 41 STAT. 775, WAS REESTABLISHED BY THE ACT OF APRIL 25, 1938, 52 STAT. 221. THE ACT IS IN PART AS FOLLOWS:

* * * SERVICE IN THE REGULAR ARMY RESERVE NOT ON ACTIVE DUTY SHALL CONFER NO RIGHT TO PAY, LONGEVITY PAY, RETIREMENT OR RETIRED PAY, OR ANY OTHER EMOLUMENTS UPON MEMBERS THEREOF EXCEPT AS PROVIDED IN THIS SECTION; * * * WHILE ON ACTIVE DUTY THEY SHALL HAVE THE SAME STATUS AND RECEIVE ONLY THE SAME PAY AND ALLOWANCES PROVIDED BY LAW FOR ENLISTED MEN OF THE ACTIVE REGULAR ARMY OF LIKE GRADE AND LENGTH OF SERVICE. IN COMPUTING LENGTH OF SERVICE FOR PAY PURPOSES, TIME SPENT ON ACTIVE DUTY ONLY WILL BE COUNTED. * * * ( ITALICS SUPPLIED.)

WHETHER INACTIVE SERVICE IN THE REGULAR ARMY RESERVE MAY BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER SECTION 9 OF THE ACT OF JUNE 16, 1942, WAS CONSIDERED IN A DECISION DATED OCTOBER 6, 1942, B-28760, 22 COMP. GEN. 320, AND IT WAS STATED AFTER QUOTING THE ABOVE PORTION OF THE ACT OF APRIL 25, 1938, THAT--- HERE IS A CLEAR AND EXPLICIT RESTRICTION OF LONGEVITY CREDIT FOR REGULAR ARMY RESERVE SERVICE TO TIME SPENT ON ACTIVE DUTY. THIS RESTRICTION IS CONSTRUED IN THE ACT OF JUNE 16, 1942, INSOFAR AS ENLISTED MEN OF THE REGULAR ARMY ARE CONCERNED, BY THE PROVISION IN SECTION 9 OF THAT ACT THAT SUCH MEN MAY COUNT, FOR LONGEVITY, ACTIVE FEDERAL SERVICE IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THE ACT OR THE RESERVE COMPONENTS THEREOF. THE ARMY IS ONE OF THE SERVICES SO ENTIONED; THE REGULAR ARMY RESERVE IS A RESERVE COMPONENT THEREOF. ACT OF APRIL 25, 1938, SUPRA. THUS AN ENLISTED MAN OF THE REGULAR ARMY MAY NOT COUNT FOR LONGEVITY PAY PURPOSES, PRIOR INACTIVE SERVICE IN THE REGULAR ARMY RESERVE.

THE FOREGOING IS EQUALLY APPLICABLE TO THE PROVISIONS OF SECTION 8 OF THE ACT OF JUNE 16, 1942. ACCORDINGLY, QUESTION H IS ANSWERED NO. ..END :