B-33294, NOVEMBER 3, 1943, 23 COMP. GEN. 330

B-33294: Nov 3, 1943

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AT THE TIME HE WAS PLACED ON THE RETIRED LIST AS A PRIVATE. WAS ENTITLED TO INCLUDE THE PAY OF A SPECIALIST FIRST CLASS IN THE COMPUTATION OF HIS RETIRED PAY AND ALLOWANCES UNDER SECTION 12 (B) OF THE ACT OF SEPTEMBER 16. IS ENTITLED TO HAVE HIS RETIRED PAY FROM AND AFTER JUNE 1. 1943: REFERENCE IS MADE TO YOUR LETTER OF MARCH 15. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF WILLIAM J. IT IS DISCLOSED THAT DAY WAS RETIRED ON DECEMBER 31. AT THAT TIME HE WAS A PRIVATE. LIGHT) IS $77.62. IT IS STATED THAT RETIRED PAY AT THAT RATE HAS BEEN PAID TO THE ENLISTED MAN DURING THE PERIOD COVERED BY THE VOUCHER. ARE ABOLISHED AND THAT ALL ENLISTED MEN HOLDING SPECIALIST RATINGS ARE DISRATED AND EXCEPT SPECIALISTS.

B-33294, NOVEMBER 3, 1943, 23 COMP. GEN. 330

PAY - RETIRED - ARMY ENLISTED MEN AN ENLISTED MAN OF THE ARMY WHO, AT THE TIME HE WAS PLACED ON THE RETIRED LIST AS A PRIVATE, FIRST CLASS, WAS ENTITLED TO INCLUDE THE PAY OF A SPECIALIST FIRST CLASS IN THE COMPUTATION OF HIS RETIRED PAY AND ALLOWANCES UNDER SECTION 12 (B) OF THE ACT OF SEPTEMBER 16, 1940, IS ENTITLED TO HAVE HIS RETIRED PAY FROM AND AFTER JUNE 1, 1942--- THE EFFECTIVE DATE OF THE PAY READJUSTMENT ACT OF 1942, SECTION 19 OF WHICH ABOLISHED CERTAIN SPECIALISTS RATINGS--- COMPUTED ON THE BASIS OF THE ACTIVE DUTY PAY OF A TECHNICIAN FOURTH GRADE AS AUTHORIZED BY THE 1942 ACT AND THE REGULATIONS ISSUED THEREUNDER.

ASSISTANT COMPTROLLER GENERAL YATES TO LT. COL. CARL WITCHER, UNITED STATES, ARMY, NOVEMBER 3, 1943:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 15, 1943, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH STATED IN FAVOR OF WILLIAM J. DAY, PRIVATE, FIRST CLASS, SPECIALIST FIRST CLASS, RETIRED, IN THE AMOUNT OF $91.17 REPRESENTING THE DIFFERENCE BETWEEN RETIRED PAY AND ALLOWANCES COMPUTED UNDER THE LAWS IN EFFECT PRIOR TO JUNE 1, 1942, AND RETIRED PAY BASED ON THE PROVISIONS OF THE ACT OF JUNE 16, 1942, 56 STAT. 359, PUBLIC LAW 607, FOR THE PERIOD JUNE 1, 1942, TO FEBRUARY 28, 1943.

IT IS DISCLOSED THAT DAY WAS RETIRED ON DECEMBER 31, 1941, AFTER THE COMPLETION OF 30 YEARS SERVICE. AT THAT TIME HE WAS A PRIVATE, FIRST CLASS, SPECIALIST FIRST CLASS, AND ENTITLED TO THE ACTIVE DUTY PAY OF THE SIXTH GRADE, $36, PLUS $30 SPECIALIST'S PAY AND 25 PERCENT LONGEVITY INCREASE MAKING A MONTHLY TOTAL OF $82.50. SECTION 12 (B) OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895, PROVIDED THAT THE PAY OF SPECIALISTS RATING RECEIVED BY AN ENLISTED MAN OF THE ARMY AT THE TIME OF HIS RETIREMENT SHOULD BE INCLUDED IN THE COMPUTATION OF HIS RETIRED PAY. UNDER THE ACT OF MARCH 2, 1907, 34 STAT. 1217, AN ENLISTED MAN WHO HAS SERVED 30 YEARS IN THE ARMY MAY BE PLACED ON THE RETIRED LIST "WITH SEVENTY-FIVE PERCENTUM OF THE PAY AND ALLOWANCES HE MAY THEN BE IN RECEIPT OF.' SEVENTY-FIVE PERCENT OF THE ENLISTED MAN'S PAY PLUS THE ALLOWANCES AUTHORIZED BY THE STATUTE ( $9.50 PER MONTH IN LIEU OF RATIONS AND CLOTHING AND $6.25 PER MONTH IN LIEU OF QUARTERS, FUEL, AND LIGHT) IS $77.62. IT IS STATED THAT RETIRED PAY AT THAT RATE HAS BEEN PAID TO THE ENLISTED MAN DURING THE PERIOD COVERED BY THE VOUCHER.

SECTION 9 OF THE ACT OF JUNE 16, 1942, 56 STAT. 363, WHICH FIXES THE PAY FOR THE SEVERAL CLASSES OF ENLISTED PERSONNEL OF THE ARMY EFFECTIVE JUNE 1, 1942, MAKES NO PROVISION FOR SPECIALIST PAY, SUBSECTIONS 12 (A), (B) AND (C) OF THE ACT OF SEPTEMBER 16, 1940, SUPRA, HAVING BEEN EXPRESSLY REPEALED BY THE SECOND PARAGRAPH OF SECTION 19 OF THE ACT OF JUNE 16, 1942, 56 STAT. 369. SECTION IV OF WAR DEPARTMENT CIRCULAR 204, 1942, PROVIDES THAT EFFECTIVE JUNE 1, 1942, ALL SPECIALIST RATINGS, EXCEPT AIR MECHANICS, ARE ABOLISHED AND THAT ALL ENLISTED MEN HOLDING SPECIALIST RATINGS ARE DISRATED AND EXCEPT SPECIALISTS, FIFTH AND SIXTH CLASS, REAPPOINTED TO TECHNICIAN GRADES. SUCH GRADES WERE AUTHORIZED BY EXECUTIVE ORDER NO. 9041, ISSUED JANUARY 26, 1942. SAID CIRCULAR PROVIDES, ALSO, THAT TECHNICIANS WILL RECEIVE THE PAY AND ALLOWANCES OF THE GRADE INDICATED BY THEIR TITLE. AN ENLISTED MAN WHO WAS A PRIVATE, FIRST CLASS, WITH THE RATING OF SPECIALIST FIRST CLASS WAS PLACED IN THE GRADE OF TECHNICIAN FOURTH GRADE AND, THEREFORE, WAOULD BE ENTITLED TO THE PAY OF THE FOURTH PAY GRADE. SEVENTY-FIVE PERCENT OF THE PAY OF THE FOURTH GRADE, $78, PLUS 50 PERCENT LONGEVITY IS $87.75.

SECTION 15 OF THE ACT OF JUNE 16, 1942, 56 STAT. 367, SUPRA, PROVIDES IN PART:

SEC. 15. ON AND AFTER THE EFFECTIVE DATE OF THIS ACT, RETIRED OFFICERS, WARRANT OFFICERS, NURSES, ENLISTED MEN, AND MEMBERS OF THE FLEET RESERVE AND FLEET MARINE CORPS RESERVE SHALL HAVE THEIR RETIRED PAY, RETAINER PAY, OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT, WHICH PAY SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT OR TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE IN THE COMPUTATION OF THEIR LONGEVITY PAY AND PAY PERIODS. * * *

SECTION 9 OF THE SAME ACT CONTAINS THE FOLLOWING PROVISION:

FOR PURPOSES OF PAY ENLISTED MEN OF THE ARMY, THE NAVY, AND THE MARINE CORPS, AND THE COAST GUARD SHALL BE DISTRIBUTED IN THE SEVERAL PAY GRADES BY THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY AND THE SECRETARY OF THE TREASURY, RESPECTIVELY.

UNDER THE PROVISIONS OF SECTION IV, WAR DEPARTMENT CIRCULAR 204, 1942, AN ENLISTED MAN WHO WAS FORMERLY CLASSIFIED AS A PRIVATE, FIRST CLASS, SPECIALIST FIRST CLASS, IS NOW CLASSIFIED AS A TECHNICIAN FOURTH GRADE AND HAD THE ENLISTED MAN HERE INVOLVED REMAINED ON THE ACTIVE LIST UNTIL AFTER THE EFFECTIVE DATE OF SAID CIRCULAR HE WOULD HAVE BEEN DISRATED AND PLACED IN THAT GRADE. THE PURPOSE OF THE CIRCULAR WAS TO PLACE THE ENLISTED MEN WHO PREVIOUSLY HELD SPECIALIST RATINGS IN A GRADE COMMENSURATE WITH THE DUTIES THEY PERFORM AND TO GIVE THEM PAY IN KEEPING WITH THE PAY RECEIVED BY THEM FOR THE GRADES AND SPECIALIST RATINGS PROVIDED UNDER THE PRIOR REPEALED LAW. THE ACT OF MARCH 2, 1907, SUPRA, GIVES AN ENLISTED MAN RETIRED PAY BASED ON THE PAY OF THE RANK ON WHICH HE WAS RETIRED AND IT IS WELL ESTABLISHED THAT CHANGES IN THE PAY OF A RANK FOR ACTIVE ENLISTED MEN APPLY TO THE RETIRED PAY OF RETIRED ENLISTED MEN OF THE SAME RANK. COMP. GEN. 213 AND DECISIONS THEREIN CITED. SEE, ALSO, 2 COMP. GEN. 9 AND DECISION B-32090, FEBRUARY 20, 1943. ACCORDINGLY, THE ENLISTED MAN HERE INVOLVED IS ENTITLED TO RETIRED PAY BASED ON THE PAY OF THE FOURTH PAY GRADE AS AUTHORIZED BY THE ACT OF JUNE 16, 1942, SUPRA, AND PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IS AUTHORIZED IF OTHERWISE CORRECT.