B-76508, JULY 6, 1948, 28 COMP. GEN. 7

B-76508: Jul 6, 1948

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LIMITING THE NUMBER OF DRILLS THAT MAY BE PERFORMED IN ANY ONE FISCAL YEAR ARE TO BE REGARDED AS HAVING BEEN IMPLIEDLY REPEALED BY SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942. AUTHORIZING INCREASED PAY OF 50 PERCENT FOR RESERVISTS PERFORMING AERIAL FLIGHTS IN THE CAPACITY OF PILOTS FOR NOT LESS THAN FOUR HOURS IN ANY QUARTER ARE TO BE REGARDED AS IMPLIEDLY REPEALED BY SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942. LENGTH OF SERVICE IS EXCLUDED FROM THE COMPUTATION OF ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY. WERE IMPLIEDLY REPEALED BY SECTION 3 OF THE ACT OF MARCH 25. IS AS FOLLOWS: OFFICERS AND ENLISTED MEN O THE NAVAL RESERVE SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES.

B-76508, JULY 6, 1948, 28 COMP. GEN. 7

DRILL PAY - NAVAL RESERVISTS THE PROVISIONS OF SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, FIXING A MAXIMUM AMOUNT OF $10 THAT MAY BE PAID NAVAL RESERVISTS FOR EACH DRILL PERIOD, LIMITING THE AMOUNT OF ADDITIONAL PAY FOR FLYING AUTHORIZED TO BE PAID SUCH PERSONNEL, AND LIMITING THE NUMBER OF DRILLS THAT MAY BE PERFORMED IN ANY ONE FISCAL YEAR ARE TO BE REGARDED AS HAVING BEEN IMPLIEDLY REPEALED BY SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, PRESCRIBING UNIFORM STANDARDS FOR INACTIVE DUTY TRAINING PAY FOR RESERVISTS. THE PROVISIONS OF SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, AUTHORIZING INCREASED PAY OF 50 PERCENT FOR RESERVISTS PERFORMING AERIAL FLIGHTS IN THE CAPACITY OF PILOTS FOR NOT LESS THAN FOUR HOURS IN ANY QUARTER ARE TO BE REGARDED AS IMPLIEDLY REPEALED BY SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, APPLYING THE PROVISIONS OF SECTION 18 OF THE 1942 ACT, AS AMENDED, TO RESERVISTS WHEN ON ACTIVE DUTY, SO AS TO AUTHORIZE THE PAYMENT OF THE 50 PERCENT INCREASE IN PAY FOR ALL PERSONNEL ENGAGED IN AERIAL FLIGHTS UNDER REGULATIONS PROMULGATED BY THE PRESIDENT. IN COMPUTING THE DRILL PAY OF NAVAL RESERVE OFFICERS UNDER SECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS ADDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, PERIOD PAY INCREASES AS WELL AS PERCENTAGE INCREASES IN PAY SHOULD BE INCLUDED, NOTWITHSTANDING THAT, UNDER SECTION 3 OF THE 1942 ACT, LENGTH OF SERVICE IS EXCLUDED FROM THE COMPUTATION OF ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY.

ACTING COMPTROLLER GENERAL FISHER TO THE SECRETARY OF THE NAVY, JULY 6, 1948:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MAY 17, 1948, ENCLOSING A LETTER FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, DATED APRIL 16, 1948, AND REQUESTING DECISION ON SEVERAL QUESTIONS, SET FORTH IN SUCH LETTER, INVOLVING, PRIMARILY, THE BASIC QUESTION WHETHER OR NOT THE PROVISIONS OF SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, 34 U.S.C. L, WERE IMPLIEDLY REPEALED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, 62 STAT. 88, WHICH AMENDED AND RESTATED SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 367.

SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED, IS AS FOLLOWS:

OFFICERS AND ENLISTED MEN O THE NAVAL RESERVE SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY OF THEIR GRADES, RANKS, OR RATINGS, NOT TO EXCEED $10, FOR ATTENDING, UNDER COMPETENT ORDERS, EACH REGULAR DRILL DULY PRESCRIBED UNDER THE AUTHORITY OF THE SECRETARY OF THE NAVY, INCLUDING DRILLS PERFORMED ON SUNDAY, FOR THE ORGANIZATION TO WHICH ATTACHED, OR FOR THE PERFORMANCE OF AN EQUAL AMOUNT OF SUCH OTHER EQUIVALENT INSTRUCTION OR DUTY, OR APPROPRIATE DUTIES, AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY. PROVIDED, THAT NO SUCH OFFICER OR ENLISTED MAN SHALL RECEIVE PAY FOR MORE THAN SIXTY DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTIES IN ANY ONE FISCAL YEAR: PROVIDED FURTHER, THAT FOR THOSE PERFORMING AERIAL FLIGHTS IN THE CAPACITY OF PILOTS DULY PRESCRIBED AS A PART OF THEIR TRAINING, THE PAY AND THE PAY LIMITS PRESCRIBED BY THIS SECTION SHALL BE INCREASED BY 50 PER CENTUM FOR ANY QUARTER DURING WHICH NOT LESS THAN FOUR HOURS OF SUCH FLYING HAS BEEN PERFORMED. AND PROVIDED FURTHER, THAT NO OFFICER SHALL RECEIVE AN INCREASE OF PAY BY REASON OF THE PERFORMANCE OF AERIAL FLIGHTS, GREATER THAN THE INCREASE FOR SUCH REASON THAT MAY, UNDER THE PROVISIONS OF THIS SECTION, BE PAID TO RESERVE OFFICERS OF THE GRADE OF CAPTAIN IN THE NAVAL RESERVE OR COLONEL IN THE MARINE CORPS RESERVE.

SUBSECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED BY SECTION 3 OF THE ACT OF MARCH 25, 1948, SUPRA, IS AS FOLLOWS:

UNDER SUCH REGULATIONS AS THE HEAD OF THE DEPARTMENT CONCERNED MAY PRESCRIBE, AND TO THE EXTENT PROVIDED FOR BY LAW AND BY APPROPRIATIONS, OFFICERS, WARRANT OFFICERS, AND ENLISTED PERSONNEL OF THE NATIONAL GUARD OF THE UNITED STATES, ORGANIZED RESERVE CORPS, NAVAL RESERVE, AND MARINE CORPS RESERVE, SHALL RECEIVE COMPENSATION AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY INCLUDING LONGEVITY PAY, AUTHORIZED FOR SUCH PERSONS WHEN ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE DUTY, AT WHICH THEY SHALL HAVE BEEN ENGAGED FOR NOT LESS THAN TWO HOURS, INCLUDING THOSE PERFORMED ON SUNDAYS AND HOLIDAYS, OR FOR THE PERFORMANCE OF SUCH OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES AS MAY BE PRESCRIBED BY THE HEAD OF THE DEPARTMENT CONCERNED: PROVIDED, THAT PERSONNEL REQUIRED TO PERFORM AERIAL FLIGHTS, PARACHUTE JUMPING, GLIDER FLIGHTS, OR SUBMARINE DUTY SHALL RECEIVE THE INCREASES IN PAY PROVIDED FOR BY LAW FOR PERSONNEL IN SUCH STATUS: PROVIDED FURTHER, THAT FOR EACH OF THE SEVERAL CLASSES OR ORGANIZATIONS PRESCRIBED FOR THE NATIONAL GUARD OF THE UNITED STATES, THE ORGANIZED RESERVE CORPS, NAVAL RESERVE, AND MARINE CORPS RESERVE, THE RULES APPLICABLE TO EACH OF WHICH SERVICES AND CLASSES WITHIN SERVICES MAY DIFFER, THE HEAD OF THE DEPARTMENT CONCERNED. (1) SHALL PRESCRIBE MINIMUM STANDARDS WHICH MUST BE MET BEFORE AN ASSEMBLY FOR DRILL OR OTHER EQUIVALENT PERIOD OF TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES MAY BE CREDITED FOR PAY PURPOSES, WHICH MINIMUM STANDARDS MAY REQUIRE THE PRESENCE FOR DUTY OF OFFICER AND ENLISTED PERSONNEL EQUAL TO OR IN EXCESS OF A MINIMUM NUMBER OR PERCENTAGE OF UNIT STRENGTH FOR A SPECIFIED PERIOD OF TIME WITH PARTICIPATION IN A PRESCRIBED CHARACTER OF TRAINING; (2) SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES WHICH MAY BE COUNTED FOR PAY PURPOSES IN EACH FISCAL YEAR; (3)SHALL PRESCRIBE THE MAXIMUM NUMBER OF ASSEMBLIES, OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTION, OR DUTY OR APPROPRIATE DUTIES WHICH CAN BE COUNTED FOR PAY PURPOSES IN LESSER PERIODS OF TIME; AND (4) SHALL PRESCRIBE THE MINIMUM NUMBER OF ASSEMBLIES OR PERIODS OF OTHER EQUIVALENT TRAINING, INSTRUCTIONS, OR DUTY OR APPROPRIATE DUTIES, WHICH MUST BE COMPLETED IN STATED PERIODS OF TIME BEFORE THE PERSONNEL OF ORGANIZATIONS OR UNITS CAN QUALIFY FOR PAY. AND PROVIDED FURTHER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY WHEN SUCH PERSONS ARE ENTITLED TO RECEIVE FULL PAY AND ALLOWANCES AS PROVIDED FOR IN PARAGRAPHS (A) AND (B) OF THIS SECTION.

THERE WILL BE CONSIDERED FIRST THE QUESTIONS AS TO WHETHER THE ABOVE QUOTED SUBSECTION 14 (C) REPEALS BY IMPLICATION---

(B) THE LIMITATIONS SET FORTH IN SECTION 313 OF REFERENCE (C) (THE NAVAL RESERVE ACT OF 1938, AS AMENDED) WITH RESPECT TO THE MAXIMUM AMOUNT THAT MAY BE PAID FOR EACH DRILL OR PERIOD OF EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTY AND THE THIRD PROVISO OF SUCH SECTION WHICH RELATES TO THE MAXIMUM INCREASE THAT MAY BE PAID FOR EACH DRILL OR PERIOD OF EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTY AND THE THIRD PROVISO OF SUCH SECTION WHICH RELATES TO THE MAXIMUM INCREASE THAT MAY BE PAID FOR THE PERFORMANCE OF AERIAL FLIGHTS? (AND)

(C) THE FIRST PROVISO OF SECTION 313 OF REFERENCE (C) SO AS TO REMOVE THE MAXIMUM LIMITATION ON THE NUMBER OF DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY OR APPROPRIATE DUTY THAT MAY BE PERFORMED IN ANY ONE FISCAL YEAR?

IT IS A CARDINAL RULE OF STATUTORY INTERPRETATION THAT REPEALS BY IMPLICATION ARE NOT FAVORED IN THE LAW. HOWEVER, IT IS EQUALLY WELL SETTLED THAT IF TWO STATUTES ARE REPUGNANT, THE LATER STATUTE, WITHOUT A REPEALER CLAUSE, OPERATES AS A REPEAL OF THE EARLIER STATUTE TO THE EXTENT OF THE REPUGNANCY AND, EVEN WHERE THE TWO STATUTES ARE NOT REPUGNANT IN EVERY RESPECT, IF THE LATER STATUTE COVERS THE WHOLE FIELD OF THE FIRST AND EMBRACES NEW PROVISIONS, PLAINLY SHOWING THAT IT WAS INTENDED AS A SUBSTITUTE FOR THE FIRST STATUTE, IT WILL OPERATE AS A REPEAL OF THE EARLIER STATUTE. UNITED STATES V. TYNEN, 78 U.S. 88; KING V. CORNELL, 106 ID. 395; DISTRICT OF COLUMBIA V. HUTTON, 143 ID. 18.

SUCH PRINCIPLE OF STATUTORY INTERPRETATION WOULD APPEAR TO BE APPLICABLE TO THE PROVISIONS HERE UNDER CONSIDERATION. IT SEEMS APPARENT THAT SUBSECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, IS REPUGNANT TO MOST, IF NOT ALL, OF THE PROVISIONS OF SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, AS AMENDED. NOTE, FOR EXAMPLE, THAT UNDER SUBSECTION 14 (C) LONGEVITY PAY IS AUTHORIZED TO BE INCLUDED IN COMPUTING DRILL PAY; THE $10 LIMITATION ON DRILL PAY IS NOT INCLUDED; THE LIMITATION ON THE AMOUNT OF FLYING PAY AUTHORIZED TO BE PAID IS NOT INCLUDED; AND THE LIMITATION ON THE NUMBER OF DRILLS OR PERIODS OF OTHER EQUIVALENT INSTRUCTION OR DUTY IS NOT INCLUDED. FURTHERMORE, ALL THE MATTERS COVERED BY SECTION 313 ARE, IN SUBSTANCE, COVERED BY SUBSECTION 14 (C) AND, IN ADDITION, CERTAIN NEW PROVISIONS APPEAR, SUCH AS THE PROVISION FOR THE PAYMENT OF PARACHUTE PAY, GLIDER PAY, AND SUBMARINE PAY. AN ADDITIONAL INDICATION THAT THE CONGRESS INTENDED SUBSECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, TO BE A SUBSTITUTE FOR, AND TO SUPERSEDE, SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, IS FOUND BY LOOKING TO THE PURPOSE OF THE SAID SUBSECTION AS STATED IN THE LEGISLATIVE HISTORY AND AS REFLECTED IN THE TITLE OF THE ACT OF MARCH 25, 1948, SUPRA. SUCH TITLE, IN PERTINENT PART, IS "TO PROVIDE UNIFORM STANDARDS FOR INACTIVE DUTY TRAINING PAY FOR ALL RESERVE COMPONENTS OF THE ARMED FORCES.' IT SEEMS CLEAR THAT IF THE CONDITIONS AND LIMITATIONS CONTAINED IN SECTION 313, SUPRA, WERE ALLOWED TO STAND, MUCH OF THE UNIFORMITY SOUGHT TO BE ACCOMPLISHED BY THE AMENDMENT OF SECTION 14 OF THE PAY READJUSTMENT ACT OF 1942 WOULD BE LOST. ACCORDINGLY, THE CONCLUSION SEEMS TO BE REQUIRED THAT SECTION 313 OF THE NAVAL RESERVE ACT OF 1938 HAS BEEN REPEALED BY IMPLICATION.

HENCE, THE FOREGOING QUESTIONS (B) AND (C) ARE ANSWERED IN THE AFFIRMATIVE.

DECISION HAS BEEN REQUESTED FURTHER AS TO WHETHER THERE HAVE BEEN REPEALED---

(D) THAT PART OF THE SECOND PROVISO OF SECTION 313 OF REFERENCE (C) WHICH RELATES TO PILOTS SO AS TO AUTHORIZE INCREASED PAY OF 50 PERCENTUM TO MEMBERS OF THE NAVAL RESERVE OTHER THAN PILOTS FOR THE PERFORMANCE OF AERIAL FLIGHTS AND ADDITIONAL PAY FOR OFFICERS DESIGNATED AS NONFLYING FFICERS? (AND)

(E) THE LIMITATION IN THE SECOND PROVISO OF SECTION 313 OF REFERENCE (C) AS TO THE MINIMUM NUMBER OF HOURS OF FLYING THAT MUST BE PERFORMED DURING ANY QUARTER?

WHILE IT IS REASONABLY APPARENT FROM WHAT HAS BEEN SAID ABOVE THAT QUESTIONS (C) AND (E) MUST BE ANSWERED IN THE AFFIRMATIVE, IT IS FOR NOTING IN CONNECTION WITH SUCH QUESTIONS THAT SUBSECTION 14 (C), SUPRA, PROVIDES, INTER ALIA, THAT PERSONNEL REQUIRED TO PERFORM AERIAL FLIGHTS SHALL RECEIVE THE INCREASE IN PAY PROVIDED FOR BY LAW FOR PERSONNEL IN SUCH STATUS. THE LAW PROVIDING FOR THE INCREASE IN PAY FOR PERSONNEL REQUIRED TO PERFORM AERIAL FLIGHTS IS CONTAINED IN THE FIRST PARAGRAPH OF SECTION 18 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 368, AS AMENDED, WHICH IS, IN PERTINENT PART, AS FOLLOWS:

OFFICERS, WARRANT OFFICERS, NURSES, AND ENLISTED MEN OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT AND MEMBERS OF THE RESERVE FORCES OF SUCH SERVICES, AND THE NATIONAL GUARD SHALL RECEIVE AN INCREASE OF 50 PERCENTUM OF THEIR PAY WHEN BY ORDERS OF COMPETENT AUTHORITY THEY ARE REQUIRED TO PARTICIPATE REGULARLY AND FREQUENTLY IN AERIAL FLIGHTS, AN WHEN IN CONSEQUENCE OF SUCH ORDERS THEY DO PARTICIPATE IN REGULAR AND FREQUENT FLIGHTS AS DEFINED BY SUCH EXECUTIVE ORDERS AS HAVE HERETOFORE BEEN, OR MAY HEREAFTER BE, PROMULGATED BY THE PRESIDENT * * *. REGULATIONS IN EXECUTION OF THE PROVISIONS OF THIS PARAGRAPH SHALL BE MADE BY THE PRESIDENT AND SHALL, WHENEVER PRACTICABLE IN HIS JUDGMENT, BE UNIFORM FOR ALL OF THE SERVICES CONCERNED.

IT WILL BE NOTED THAT THE INCREASE IN PAY AUTHORIZED BY THE ABOVE QUOTED SECTION 18 IS NOT LIMITED TO PILOTS BUT IS AUTHORIZED FOR ALL PERSONNEL WHO BY ORDERS OF COMPETENT AUTHORITY ARE REQUIRED TO, AND DO, PARTICIPATE IN REGULAR AND FREQUENT AERIAL FLIGHTS AND THAT REGULATIONS IN THE EXECUTION OF SUCH PROVISION SHALL BE MADE BY THE PRESIDENT. ACCORDINGLY, TAKING INTO CONSIDERATION THE CONCLUSIONS STATED HEREINBEFORE WITH RESPECT TO THE IMPLIED REPEAL OF SECTION 313 OF THE NAVAL RESERVE ACT OF 1938, QUESTIONS (D) AND (E) ARE ANSWERED IN THE AFFIRMATIVE. QUESTION (F), HOWEVER, IS ANSWERED IN THE NEGATIVE SINCE, UNDER THE LAW, THE FLYING PAY RIGHTS OF PERSONS WITHIN THE SCOPE OF SUBSECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, SUPRA, ARE TO BE DETERMINED IN ACCORDANCE WITH SECTION 18 OF THE ACT AND REGULATIONS OF THE PRESIDENT PROMULGATED THEREUNDER.

THE REMAINING QUESTION IS AS TO WHETHER SUBSECTION 14 (C) OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, REPEALS BY IMPLICATION---

(A) THE EXCEPTION IN SECTION 3 OF REFERENCE (B) (THE PAY READJUSTMENT ACT OF 1942 AS AMENDED) WHICH READS "EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY" SO AS TO AUTHORIZE THE CREDIT OF LONGEVITY PAY WITH CORRESPONDING INCREASES BY REASON OF COMPLETION OF PAY PERIODS IN THE COMPUTATION OF PAY FOR THE PERFORMANCE OF DRILLS, OR OTHER EQUIVALENT INSTRUCTION OR DUTY, OR APPROPRIATE DUTY? (SEE DECISION OF THE COMPTROLLER GENERAL, 26 COMP. GEN. 621.)

SECTION 3 OF THE PAY READJUSTMENT ACT OF 1942, AS AMENDED, 37 U.S.C. 103, INSOFAR AS HERE PERTINENT, PROVIDES THAT:

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, EXCEPT ARMORY DRILL AND ADMINISTRATIVE FUNCTION PAY, THEY SHALL RECEIVE PAY AS PROVIDED IN SECTION 1 OF THIS ACT * * *. (ITALICS SUPPLIED.)

THE INCLUSION OF LONGEVITY PAY IN THE COMPUTATION OF DRILL PAY IS EXPRESSLY AUTHORIZED BY SUBSECTION 14 (C) OF THE SAID 1942 ACT, AS AMENDED MARCH 25, 1948, BUT THE RIGHT TO INCLUDE PERIOD PAY INCREASES IN COMPUTING DRILL PAY IS NOT SO CLEARLY DEFINED. PRIOR TO THE ENACTMENT OF THE AMENDATORY ACT OF MARCH 25, 1948, THE THIRD PARAGRAPH OF SECTION 14 OF THE SAID 1942 ACT PROVIDED, IN PART, THAT UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR MAY PRESCRIBE, OFFICER 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. IN DECISION OF FEBRUARY 21, 1947, 26 COMP. GEN. 621, TO WHICH YOU REFER, THE FOREGOING PROVISIONS OF SECTION 3 AND THE PROVISIONS OF THE ORIGINAL SECTION 14 OF THE 1942 ACT WERE CONSIDERED TOGETHER AND IN VIEW OF THE LONG PERIOD OF TIME DURING WHICH INCREASES IN PERIOD PAY HAD NOT BEEN AUTHORIZED UNDER PREVIOUS STATUTORY PROVISIONS FOR THE PURPOSE OF COMPUTING ARMORY DRILL PAY AND SINCE OTHER INCREASES BASED ON LENGTH OF SERVICE (LONGEVITY PAY) COULD NOT (UNDER THEN EXISTING LAW) BE INCLUDED FOR SUCH PURPOSE, IT WAS CONCLUDED THAT, IN THE ABSENCE OF EVIDENCE OF A CLEAR LEGISLATIVE INTENTION TO THE CONTRARY, INCREASES IN PERIOD PAY COULD COULD NOT BE INCLUDED IN COMPUTING ARMORY DRILL PAY UNDER THE 1942 ACT. UNDER THE SAID SECTION 14, AS AMENDED BY THE ACT OF MARCH 25, 1948, SUPRA, THE GENERAL STRUCTURE OF PAY FOR ARMORY DRILLS, PERIODS OF APPROPRIATE DUTY, ETC., HAS BEEN MATERIALLY CHANGED, THE MOST IMPORTANT CHANGES, INSOFAR AS THE QUESTION HERE UNDER CONSIDERATION IS CONCERNED, BEING THAT THE PAY IS NOW AUTHORIZED AT THE RATE OF ONE-THIRTIETH OF THE MONTHLY BASE PAY "INCLUDING LONGEVITY PAY.'

SEEMINGLY, IT WOULD BE UNREASONABLE TO CONCLUDE THAT THE CONGRESS INTENDED TO PROVIDE A DIFFERENT BASIS FOR DETERMINING LONGEVITY PAY FOR DRILL PAY PURPOSES THAN THAT WHICH HAS BEEN PROVIDED FOR DETERMINING LONGEVITY PAY OF RESERVE PERSONNEL ON ACTIVE DUTY IN THE ARMED FORCES. LIKEWISE, IT WOULD APPEAR TO BE UNREASONABLE TO HOLD THAT THE CONGRESS INTENDED TO DENY THE INCLUSION OF PERIOD PAY INCREASES (BASED ON LENGTH OF SERVICE IN GRADE) IN THE COMPUTATION OF DRILL PAY AFTER HAVING AUTHORIZED THE INCLUSION OF PERCENTAGE INCREASES BASED ON LENGTH OF SERVICE (LONGEVITY PAY) IN THE COMPUTATION OF SUCH DRILL IN COMPUTING THE PAY OF OFFICERS UNDER SUBSECTION 14 (C), SUPRA (FOR DRILLS, PERIODS OF INSTRUCTION, PERIODS OF APPROPRIATE DUTY, ETC.), PERIOD PAY INCREASES (BASED ON LENGTH OF SERVICE IN GRADE) AS WELL AS PERCENTAGE INCREASES IN PAY BASED ON LONGEVITY, SHOULD BE INCLUDED. IN OTHER/WORDS, UNDER THE SAID SUBSECTION, DRILL PAY SHOULD BE COMPUTED ON THE SAME BASE (PERIOD) AND LONGEVITY PAY AS THAT WHICH WOULD BE PAYABLE TO THE OFFICER INVOLVED IF HE WERE "ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES.'