B-38054, NOVEMBER 19, 1943, 23 COMP. GEN. 376

B-38054: Nov 19, 1943

Additional Materials:

Contact:

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

 

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

- IS NOT ENTITLED TO THE PAY AND ALLOWANCES OF A HIGHER GRADE AS AUTHORIZED UNDER THE SAID ACT FOR AN ARMY OFFICER SERVING WITH TROOPS OPERATING AGAINST AN ENEMY IN TIME OF WAR WHO EXERCISES A COMMAND ABOVE THAT PERTAINING TO HIS GRADE. IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH. WAS IN COMMAND OF THE MEDICAL DETACHMENT. IT BEING STATED THAT THE RANK OF CAPTAIN IS AUTHORIZED FOR THAT DETACHMENT. WAS AN OFFICER OF THE MEDICAL CORPS. WHICH IS RETAINED IN THIS OFFICE. IS NOT AUTHORIZED.

B-38054, NOVEMBER 19, 1943, 23 COMP. GEN. 376

PAY - HIGHER COMMAND IN TIME OF WAR - ARMY STAFF OFFICERS A STAFF OFFICER, AS DISTINGUISHED FROM AN OFFICER OF THE LINE, IN THE PERFORMANCE OF THE DUTIES OF HIS OFFICE DOES NOT EXERCISE A "COMMAND" WITHIN THE MEANING OF SECTION 7 OF THE ACT OF APRIL 26, 1898, AND, THEREFORE, AN OFFICER OF THE MEDICAL CORPS--- A STAFF COMPONENT OF THE ARMY--- IS NOT ENTITLED TO THE PAY AND ALLOWANCES OF A HIGHER GRADE AS AUTHORIZED UNDER THE SAID ACT FOR AN ARMY OFFICER SERVING WITH TROOPS OPERATING AGAINST AN ENEMY IN TIME OF WAR WHO EXERCISES A COMMAND ABOVE THAT PERTAINING TO HIS GRADE.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. N. B. HILL, U.S. ARMY, NOVEMBER 19, 1943:

THERE HAS BEEN RECEIVED BY INDORSEMENT OF THE OFFICE OF THE FISCAL DIRECTOR, ARMY SERVICE FORCES, YOUR LETTER OF OCTOBER 12, 1943, IN WHICH YOU REQUEST DECISION AS TO WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON A VOUCHER TRANSMITTED THEREWITH, STATED FOR $61.33 IN FAVOR OF WILLIAM RUBIN, CAPTAIN, MEDICAL CORPS, REPRESENTING THE DIFFERENCE IN PAY AND ALLOWANCES BETWEEN THOSE OF A FIRST LIEUTENANT AND THOSE OF A CAPTAIN FOR THE PERIOD JULY 29, 1943, TO SEPTEMBER 14, 1943, DURING WHICH TIME THE OFFICER, THEN A FIRST LIEUTENANT, WAS IN COMMAND OF THE MEDICAL DETACHMENT, 135TH FIELD ARTILLERY, IT BEING STATED THAT THE RANK OF CAPTAIN IS AUTHORIZED FOR THAT DETACHMENT.

SECTION 7 OF THE ACT OF APRIL 26, 1898, 30 STAT. 365, PROVIDES, IN PART:

THAT IN TIME OF WAR EVERY OFFICER SERVING WITH TROOPS OPERATING AGAINST AN ENEMY WHO SHALL EXERCISE, UNDER ASSIGNMENT IN ORDERS ISSUED BY COMPETENT AUTHORITY, A COMMAND ABOVE THAT PERTAINING TO HIS GRADE, SHALL BE ENTITLED TO RECEIVE THE PAY AND ALLOWANCES OF THE GRADE APPROPRIATE TO THE COMMAND SO EXERCISED: PROVIDED, THAT A RATE OF PAY EXCEEDING THAT OF A BRIGADIER GENERAL SHALL NOT BE PAID IN ANY CASE BY REASON OF SUCH ASSIGNMENT * * *.

CAPTAIN RUBIN, DURING THE PERIOD HERE INVOLVED, WAS AN OFFICER OF THE MEDICAL CORPS, A STAFF COMPONENT OF THE ARMY. A STAFF OFFICER, AS DISTINGUISHED FROM AN OFFICER OF THE LINE, IN THE PERFORMANCE OF THE DUTIES OF HIS OFFICE DOES NOT EXERCISE "COMMAND," WITHIN THE MEANING OF THAT WORD AS USED IN LAWS AND REGULATIONS PERTAINING TO THE ARMY, AND HENCE DOES NOT COME WITHIN THE SCOPE OF THE ABOVE-QUOTED SECTION. 5 COMP. DEC. 137. SEE, ALSO, TRUITT V. UNITED STATES, 38 C.1CLS. 398.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.