B-31864, FEBRUARY 1, 1943, 22 COMP. GEN. 732

B-31864: Feb 1, 1943

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IS FORWARDED FOR ADVANCE DECISION. THE UNDERSIGNED IS IN DOUBT AS TO WHETHER OR NOT TWENTY YEARS' SERVICE CAN BE CREDITED FOR LONGEVITY PURPOSES. NO FURTHER ACTION TOWARD PAYMENT OF THIS CLAIM WILL BE TAKEN BY THE DISBURSING OFFICER CONCERNED. THE ARMY IS ONE OF THE SERVICES MENTIONED IN THE TITLE OF THE ABOVE REFERRED TO ACT AND THE OFFICERS' RESERVE CORPS IS A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES. 10 U.S.C. 2. ONLY ACTIVE FEDERAL SERVICE IN THE RESERVE COMPONENTS IS AUTHORIZED TO BE COUNTED BY ENLISTED MEN FOR LONGEVITY PAY PURPOSES EXCEPT TO THE EXTENT THEREIN OTHERWISE PROVIDED. 419) AND THE OFFICERS' RESERVE CORPS IS NOT INCLUDED IN THAT ENUMERATION. WHICH IS RETAINED IN THIS OFFICE.

B-31864, FEBRUARY 1, 1943, 22 COMP. GEN. 732

PAY - LONGEVITY - SERVICE CREDITS - INACTIVE SERVICE IN THE OFFICERS' RESERVE CORPS SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, WHICH SPECIFIES THE SERVICE WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES BY ENLISTED MEN PAID UNDER ITS PROVISIONS, DOES NOT AUTHORIZE THE COUNTING OF INACTIVE SERVICE IN THE OFFICERS' RESERVE CORPS, AND, THEREFORE, SUCH INACTIVE SERVICE MAY NOT BE COUNTED FOR LONGEVITY PAY PURPOSES BY AN ENLISTED MAN OF THE ARMY.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. B. MILLER, U.S. ARMY, FEBRUARY 1, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 23, 1942, AS FOLLOWS:

THE ENCLOSED WAR DEPARTMENT FORM NO. 337 WITH STATEMENT OF SERVICE ATTACHED, COVERING CLAIM OF T-5) GR. JACK I. C. WHEELER, R-729372, FOR DIFFERENCE IN LONGEVITY PAY BETWEEN OVER SIX YEARS' SERVICE AND OVER TWENTY YEARS' SERVICE FOR THE PERIOD JULY 21, 1942, TO OCTOBER 31, 1942, INCLUSIVE, HAVING BEEN PRESENTED TO THE UNDERSIGNED, AN ACCOUNTABLE DISBURSING OFFICER, FOR PAYMENT, IS FORWARDED FOR ADVANCE DECISION.

THE UNDERSIGNED IS IN DOUBT AS TO WHETHER OR NOT TWENTY YEARS' SERVICE CAN BE CREDITED FOR LONGEVITY PURPOSES, INASMUCH AS CREDIT CLAIMED INCLUDES INACTIVE SERVICE IN THE OFFICERS' RESERVE CORPS.

NO FURTHER ACTION TOWARD PAYMENT OF THIS CLAIM WILL BE TAKEN BY THE DISBURSING OFFICER CONCERNED, PENDING FINAL ACTION THEREON.

WHEELER BASES HIS CLAIM FOR LONGEVITY PAY AS AN ENLISTED MAN WITH OVER TWENTY YEARS' SERVICE ON SERVICE IN THE OFFICERS' RESERVE CORPS FROM APRIL 25, 1924, TO APRIL 25, 1938, WITH THE FOLLOWING PERIODS OF ACTIVE DUTY:

AUGUST 17, 1924 TO AUGUST 31, 1924

AUGUST 9, 1925 TO AUGUST 23, 1925

SEPTEMBER 14, 1926 TO SEPTEMBER 28, 1926

AUGUST 17, 1927 TO AUGUST 20, 1927

AUGUST 5, 1928 TO AUGUST 18, 1928

AUGUST 4, 1929 TO AUGUST 17, 1929

JULY 17, 1932 TO JULY 30, 1932

FEBRUARY 29, 1936 TO MAY 20, 1936

SECTION 9 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 363, PROVIDES IN PERTINENT 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 EACH 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. ( ITALICS SUPPLIED.)

THE ARMY IS ONE OF THE SERVICES MENTIONED IN THE TITLE OF THE ABOVE REFERRED TO ACT AND THE OFFICERS' RESERVE CORPS IS A RESERVE COMPONENT OF THE ARMY OF THE UNITED STATES. 10 U.S.C. 2. BY THE EXPRESS TERMS OF SECTION 9 OF THE ACT, SUPRA, ONLY ACTIVE FEDERAL SERVICE IN THE RESERVE COMPONENTS IS AUTHORIZED TO BE COUNTED BY ENLISTED MEN FOR LONGEVITY PAY PURPOSES EXCEPT TO THE EXTENT THEREIN OTHERWISE PROVIDED. CF. 16 COMP. GEN. 474. THE LAST CLAUSE OF THIS SAME SECTION 9 SPECIFICALLY ENUMERATES THOSE RESERVE COMPONENTS IN WHICH INACTIVE SERVICE MAY BE COUNTED BY ENLISTED MEN FOR LONGEVITY PAY PURPOSES (SEE 22 COMP. GEN. 411, 419) AND THE OFFICERS' RESERVE CORPS IS NOT INCLUDED IN THAT ENUMERATION. THUS, IT FOLLOWS THAT AN ENLISTED MAN MAY NOT COUNT INACTIVE SERVICE IN THE OFFICERS' RESERVE CORPS FOR LONGEVITY PAY PURPOSES.

WHEELER'S SERVICE RECORD INDICATES THAT HE HAD LESS THAN SIX MONTHS' ACTIVE DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS. ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.