B-32868, APRIL 24, 1943, 22 COMP. GEN. 987

B-32868: Apr 24, 1943

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THERE IS ATTACHED HERETO VOUCHER. ATTENTION IS ASKED TO THE CERTIFICATE OF THE OFFICER. SINCE REFERENCE IN THE QUOTED LAW IS ONLY TO " PHILIPPINE SCOUTS. THE UNDERSIGNED IS NOT CERTAIN AS TO THE ACCEPTANCE OF THIS CERTIFICATE OF SERVICE AS A BASIS FOR PAYING THIS VOUCHER. 4. NO QUESTION AS TO THE COMPUTATION OF THE VOUCHER IS INVOLVED. SINCE THE OFFICER IN QUESTION IS A STUDENT OFFICER. ASSIGNED TO THIS STATION FOR BASIC TRAINING AND AT PRESENT ON DETACHED SERVICE FROM WHICH HE WILL NOT RETURN TO THIS STATION. REQUEST IS MADE FOR AS PROMPT A RULING AS MAY BE FEASIBLE IN ORDER THAT THE VOUCHER MAY BE ACCEPTED AS SUBMITTED OR RETURNED TO THE OFFICER AT HIS DETACHED STATION FOR CORRECTION PRIOR TO PAYMENT.

B-32868, APRIL 24, 1943, 22 COMP. GEN. 987

LONGEVITY AND PERIOD PAY - SERVICE CREDITS - ARMY OF THE PHILIPPINES; MIDSHIPMAN SERVICE PRIOR COMMISSIONED SERVICE IN THE ARMY OF THE PHILIPPINES MAY NOT BE COUNTED BY AN OFFICER OF THE ARMY OF THE UNITED STATES IN COMPUTING HIS LONGEVITY OR PERIOD PAY UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED. MIDSHIPMAN SERVICE, UNITED STATES NAVY, DURING THE YEARS 1938 TO 1941 MAY NOT BE COUNTED IN COMPUTING UNDER THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, THE LONGEVITY OR PERIOD PAY OF AN OFFICER OF THE ARMY OF THE UNITED STATES.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO CAPT. E. C. PRATT, U.S. ARMY, APRIL 24, 1943:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JANUARY 15, 1943, AS FOLLOWS:

SUBJECT: LIM, ROBERTO, ST LT., INFANTRY ( AUS), SERIAL NO. O 479102.

TO: COMPTROLLER GENERAL, WASHINGTON, D.C.

1. THERE IS ATTACHED HERETO VOUCHER, FORM NO. 336, COVERING CLAIM OF THE ABOVE CAPTIONED OFFICER FOR ADDITIONAL PAY FOR LONGEVITY, P.L. NO. 785, 77TH CONGRESS, AS COVERED BY W.D. CIR. NO. 410, DATED DECEMBER 17TH, 1942.

2. ATTENTION IS ASKED TO THE CERTIFICATE OF THE OFFICER, RECITING HIS SERVICE AS A " CADET, PHILIPPINE ARMY," " MIDSHIPMAN, U.S. NAVY," AND "2ND LT., PHILIPPINE ARMY.'

3. SINCE REFERENCE IN THE QUOTED LAW IS ONLY TO " PHILIPPINE SCOUTS," " PHILIPPINE CONSTABULARY," AND " OFFICER" OR " ENLISTED MAN," U.S. NAVY, THE UNDERSIGNED IS NOT CERTAIN AS TO THE ACCEPTANCE OF THIS CERTIFICATE OF SERVICE AS A BASIS FOR PAYING THIS VOUCHER.

4. NO QUESTION AS TO THE COMPUTATION OF THE VOUCHER IS INVOLVED, BUT STRICTLY AN INTERPRETATION OF TERMS USED IN THE EXECUTION OF THE CERTIFICATE.

5. SINCE THE OFFICER IN QUESTION IS A STUDENT OFFICER, ASSIGNED TO THIS STATION FOR BASIC TRAINING AND AT PRESENT ON DETACHED SERVICE FROM WHICH HE WILL NOT RETURN TO THIS STATION, REQUEST IS MADE FOR AS PROMPT A RULING AS MAY BE FEASIBLE IN ORDER THAT THE VOUCHER MAY BE ACCEPTED AS SUBMITTED OR RETURNED TO THE OFFICER AT HIS DETACHED STATION FOR CORRECTION PRIOR TO PAYMENT.

THE CERTIFICATE REFERRED TO IN YOUR LETTER IS AS FOLLOWS:

I, ROBERTO LIM, ST LT. O479102, AUS, HEREBY CERTIFY THAT I HAVE HELD A COMMISSION; APPOINTMENT AS COMMISSIONED WARRANT OFFICER, WARRANT OFFICER, FLIGHT OFFICER, OR ARMY FIELD CLERK; OR HAVE BEEN ENLISTED AS A MEMBER OF THE RESPECTIVE SERVICE (S) SHOWN BELOW FOR THE INCLUSIVE PERIODS INDICATED:

CHART

FROM TO CADET, PHILIPPINE ARMY ----------- APRIL 1, 1937 AUG. 15, 1938 MIDSHIPMAN U.S. NAVY ------------- AUG. 16, 1938

DEC. 18, 1941 2ND LT. PHILIPPINE ARMY ---------- DEC. 19, 1941 JULY 27, 1942 ST LT. AUS ----------------------- JULY 28, 1942 PRESENT

(SIGNED) ROBERTO LIM, ST LT. AUS

DEC. 31, 1942.

THE VOUCHER, WHICH IS NOT ITEMIZED, IS IN THE AMOUNT OF $96.62 AND BEARS THE FOLLOWING NOTATION ON THE REVERSE SIDE:

ADDITIONAL PAY FOR LONGEVITY (AS AUTHORIZED BY W. D. CIRC. NO. 410, DECEMBER, 1942)

DUE OFFICER DIFF. IN PAY OF 2ND LT. 10 YRS. ST PAY PERIOD AND 2ND LT. OVER 5 YRS, 2ND PAY PERIOD FROM JUNE 23 TO JULY 27, 1942.

DUE OFFICER DIFF. IN PAY OF ST LT. 10 YRS. AND ST LT. OVER 3 YRS. FROM JULY 28 TO SEPT. 30, 1942.

DUE OFFICER DIFF. IN BASE PAY AND FLYING PAY OF ST LT. 10 YRS. AND ST LT. OVER 3 YRS. FROM OCTOBER 1, 1942 TO JANUARY 31, 1943.

ALL OF ABOVE NOT PAID ON PRIOR VOUCHERS.

IT APPEARS THAT THE OFFICER IS CLAIMING THE DIFFERENCE BETWEEN PAY OF THE FIRST PAY PERIOD AND PAY OF THE SECOND PAY PERIOD FROM JUNE 23, 1942, TO JULY 27, 1942. ACCORDING TO THE CERTIFICATE OF SERVICE, LIEUTENANT LIM WAS, DURING THIS PERIOD, A SECOND LIEUTENANT, PHILIPPINE ARMY.

ALL OF THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES WERE CALLED AND ORDERED INTO THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES BY MILITARY ORDER OF THE PRESIDENT OF THE UNITED STATES, DATED JULY 26, 1941. FUNDS FOR THE COSTS OF THE SERVICE OF THE ARMY OF THE PHILIPPINES FROM JULY 26, 1941, TO JUNE 30, 1943, ARE PROVIDED IN THE ACT OF DECEMBER 17, 1941, 55 STAT. 813, AS FOLLOWS:

FOR ALL EXPENSES NECESSARY FOR THE MOBILIZATION, OPERATION, AND MAINTENANCE OF THE ARMY OF THE PHILIPPINES, INCLUDING EXPENSES CONNECTED WITH THE CALLING INTO THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, AND EXPENDITURES INCIDENT TO PAY, ALLOWANCES, OPERATION, MAINTENANCE, AND OTHER ACTIVITIES OF UNITS AND PERSONNEL OF SAID ORGANIZED MILITARY FORCES, AND FOR THE EMERGENT MOBILIZATION AND TRAINING OF SUCH FORCES, MAY BE MADE WITHOUT REGARD TO THE PROVISIONS OF LAW REGULATING THE EXPENDITURE OF OR ACCOUNTING FOR FUNDS OF THE UNITED STATES BUT SHALL BE EXPENDED AND ACCOUNTED FOR IN A MANNER PRESCRIBED BY THE PRESIDENT OF THE UNITED STATES, $269,000,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1943, WHICH SHALL BE AVAILABLE FOR PAYMENT TO THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES UPON ITS WRITTEN REQUEST, EITHER IN ADVANCE OF OR IN REIMBURSEMENT FOR ALL OR ANY PART OF THE ESTIMATED OR ACTUAL COST, AS AUTHORIZED BY THE COMMANDING GENERAL, UNITED STATES ARMY FORCES IN THE FAR EAST, OF NECESSARY EXPENSES FOR THE PURPOSES AFORESAID, EXCEPT THAT NONE OF SUCH MONEYS SHALL BE AVAILABLE FOR THE PAY AND ALLOWANCES OF PERSONNEL OF SAID ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, WHEN SERVING IN THE PHILIPPINE ISLANDS, IN EXCESS OF THE PAY AND ALLOWANCES AUTHORIZED BY PHILIPPINE LAW, EXECUTIVE ORDERS, AND REGULATIONS WHICH WERE IN EFFECT NOVEMBER 1, 1941, AND OF WHICH NOT TO EXCEED $15,000,000 MAY BE RESTORED TO THE EMERGENCY FUND FOR THE PRESIDENT, CREATED BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, IN REIMBURSEMENT OF A LIKE AMOUNT ADVANCED THEREFROM: PROVIDED, THAT ANY EXPENDITURES HERETOFORE OR HEREAFTER MADE FROM SAID APPROPRIATION " EMERGENCY FUND FOR THE PRESIDENT" FOR THE PURPOSES AND IN THE MANNER AUTHORIZED UNDER THIS HEADING IN THIS ACT, ARE HEREBY AUTHORIZED AND VALIDATED: PROVIDED FURTHER, THAT ANY APPROPRIATION FOR THE MILITARY ESTABLISHMENT MAY BE APPLIED TO THE PURPOSES AFORESAID SUBJECT TO REIMBURSEMENT BY TRANSFER FROM THIS APPROPRIATION OF THE VALUE OF SUCH PROPERTY OR SERVICE AS MAY HAVE BEEN OR MAY THEREAFTER BE APPLIED TO SUCH PURPOSES AND ANY AMOUNT SO TRANSFERRED SHALL BE AVAILABLE FOR EXPENDITURE FOR THE PURPOSES OF THE APPROPRIATION SO REIMBURSED DURING THE FISCAL YEAR IN WHICH SUCH AMOUNT WAS RECEIVED AND THE ENSUING FISCAL YEAR.

BY THE PLAIN TERMS OF THE ABOVE ACT, ALL COSTS TO THE UNITED STATES OF THE SERVICES OF THE ARMY OF THE PHILIPPINES ARE PAYABLE TO THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, AND NOT TO ANY INDIVIDUAL MEMBER OF SAID ARMY. HENCE, IT IS OBVIOUS THAT LIEUTENANT LIM HAS NO CLAIM AGAINST THE UNITED STATES BY REASON OF HIS SERVICE IN THE ARMY OF THE PHILIPPINES FROM JUNE 23, 1942, TO JULY 27, 1942.

THE ACT OF JUNE 16, 1942, 56 STAT. 359, PUBLIC LAW 607, 77TH CONGRESS, IS ENTITLED," AN ACT TO READJUST THE PAY AND ALLOWANCES OF PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE.'

SECTIONS 1 AND 3 OF THE ACT OF DECEMBER 2, 1942, 56 STAT. 1037, PUBLIC LAW 785, 77TH CONGRESS, EFFECTIVE JUNE 1, 1942, ARE AS FOLLOWS:

THAT THE ELEVENTH PARAGRAPH OF SECTION 1 OF THE PAY READJUSTMENT ACT OF 1942 ( PUBLIC LAW 607), APPROVED JUNE 16, 1942, IS AMENDED TO READ AS FOLLOWS:

"IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF OFFICERS PAID UNDER THE PROVISIONS OF THIS SECTION, 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, OR IN THE NATIONAL GUARD RESERVE, OR IN THE 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, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY, AND SERVICE OF COAST AND GEODETIC SURVEY OFFICERS AUTHORIZED IN SECTION 2 (B) OF THE ACT OF JANUARY 19, 1942 ( PUBLIC LAW 402, SEVENTY-SEVENTH CONGRESS): PROVIDED, THAT FOR OFFICERS IN SERVICE ON JUNE 30, 1922, THERE SHALL BE INCLUDED IN THE COMPUTATION, IN ADDITION TO THE SERVICE SET FORTH ABOVE, ALL SERVICE WHICH WAS THEN COUNTED IN COMPUTING LONGEVITY PAY AND SERVICE AS A CONTRACT SURGEON SERVING FULL TIME. LONGEVITY PAY FOR OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES WHICH IS AUTHORIZED TO BE COUNTED FOR LONGEVITY PAY PURPOSES UNDER THE PROVISIONS OF THIS ACT OR AS MAY OTHERWISE BE PROVIDED BY LAW.'

"SEC. 3. THE PAY READJUSTMENT ACT OF 1942 ( PUBLIC LAW 607), APPROVED JUNE 16, 1942, IS AMENDED BY INSERTING AFTER SECTION 3 THEREOF THE FOLLOWING NEW SECTION:

"SEC. 3A. DURING THE EXISTENCE OF ANY WAR DECLARED BY CONGRESS AND FOR SIX MONTHS IMMEDIATELY FOLLOWING THE TERMINATION OF SUCH WAR, IN COMPUTING THE SERVICE FOR ALL PAY PURPOSES OF OFFICERS PAID UNDER THE PROVISIONS OF SECTION 1 OR 3 OF THIS ACT, SUCH OFFICERS, IN ADDITION TO THE TIME REQUIRED TO BE CREDITED BY SUCH SECTIONS, SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY WERE ENLISTED OR HELD APPOINTMENTS AS WARRANT OFFICERS OR ARMY FIELD CLERKS OR AS COMMISSIONED WARRANT OFFICERS IN ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, OR IN THE REGULAR ARMY RESERVE, OR IN THE ORGANIZED MILITIA PRIOR TO JULY 1, 1916, OR IN THE NATIONAL GUARD, OR IN THE NATIONAL GUARD RESERVE, OR IN THE NATIONAL GUARD OF THE UNITED STATES, OR IN THE ENLISTED 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, OR IN THE PHILIPPINE SCOUTS, OR IN THE PHILIPPINE CONSTABULARY. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY COMMISSIONED OFFICER TO RECEIVE PAY AND ALLOWANCES IN EXCESS OF THE MAXIMUM LIMITATIONS IMPOSED UPON THE TOTAL PAY AND ALLOWANCES OF ANY RANK OR GRADE BY ANY OF THE PROVISIONS OF THIS ACT.'

SECTION 1, ABOVE, CONTAINS AN EXTENSIVE ENUMERATION OF THE ORGANIZATIONS IN WHICH PRIOR COMMISSIONED SERVICE MAY BE CREDITED IN THE COMPUTATION OF PAY OF OFFICERS OF THE ARMY OF THE UNITED STATES. THE OMISSION OF THE ARMY OF THE PHILIPPINES FROM SUCH ENUMERATION REQUIRES THE CONCLUSION THAT SERVICE IN THAT ORGANIZATION WAS NOT INTENDED TO BE INCLUDED. LIKEWISE, THE OMISSION FROM EITHER SECTION OF CADET AND MIDSHIPMAN SERVICE SHOWS THAT SUCH SERVICE MAY NOT LEGALLY BE INCLUDED IN COMPUTING LONGEVITY OR PERIOD PAY OF OFFICERS OF THE ARMY OF THE UNITED STATES.

YOU ARE ADVISED THAT LIEUTENANT LIM'S CERTIFICATE LISTS NO SERVICE PRIOR TO JULY 28, 1942, WHICH MAY BE CREDITED TO HIM FOR PAY PURPOSES AS AN OFFICER OF THE ARMY OF THE UNITED STATES. PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.