B-9005, MARCH 25, 1940, 19 COMP. GEN. 821

B-9005: Mar 25, 1940

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DOES NOT JUSTIFY PAYMENT OF THE RESULTING INCREASED COMPENSATION FROM THE DATE SO FIXED WHERE THE ADMINISTRATIVE ACTION ALLOCATING THE INVOLVED FIELD POSITIONS IS AFTER THAT DATE. THERE WAS FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF FEBRUARY 26. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH FOR ADVANCE DECISION AS TO LEGALITY OF PAYMENT STANDARD FORM 1013-D (PAY ROLL FOR PERSONAL SERVICES. THE ENCLOSED PAY ROLL WAS RECEIVED IN THIS OFFICE JAN. 3. THE NURSES IN QUESTION WERE PAID FOR THE PERIOD JULY 1 TO DEC. 31. ARE NOTED ON THIS PAY ROLL. IT APPEARS THAT THESE NURSES SHOULD HAVE BEEN PAID AT THE RATES OF $1. A PROMOTION IS EFFECTIVE FROM AND INCLUDING DATE OF ACCOMPLISHMENT BY THE OFFICER IN POWER TO MAKE THE PROMOTION UNLESS A LATER EFFECTIVE DATE IS SPECIFIED IN THE PROMOTION ORDER.

B-9005, MARCH 25, 1940, 19 COMP. GEN. 821

CLASSIFICATION - PROMOTIONS - EFFECTIVE DATE THE FIXING IN A DECISION OF THIS OFFICE OF A SPECIFIED DATE ON WHICH EMPLOYEES OF A FIELD SERVICE OF A DEPARTMENT SHOULD BE PAID IN ACCORDANCE WITH THE CLASSIFICATION ACT AS AMENDED, DOES NOT JUSTIFY PAYMENT OF THE RESULTING INCREASED COMPENSATION FROM THE DATE SO FIXED WHERE THE ADMINISTRATIVE ACTION ALLOCATING THE INVOLVED FIELD POSITIONS IS AFTER THAT DATE.

ACTING COMPTROLLER GENERAL ELLIOTT TO MAJ. R. B. CONNER, UNITED STATES ARMY, MARCH 25, 1940:

BY FIRST ENDORSEMENT DATED MARCH 7, 1940, FROM THE OFFICE, CHIEF OF FINANCE, WAR DEPARTMENT, THERE WAS FORWARDED HERE FOR CONSIDERATION YOUR LETTER OF FEBRUARY 26, 1940, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR ADVANCE DECISION AS TO LEGALITY OF PAYMENT STANDARD FORM 1013-D (PAY ROLL FOR PERSONAL SERVICES--- SHORT FORM), STANDARD FORM 1013-E (MEMORANDUM COPY), IN DUPLICATE, AND C.C.C. FORM NO. 12 (STATISTICAL COPY OF VOUCHER), SUBMITTED TO THE UNDERSIGNED A REGULAR DISBURSING OFFICER FOR THE WAR DEPARTMENT, REPRESENTING CLAIM OF HEAD NURSE ALVA BAIN IN THE AMOUNT OF $180.00, AND GRADUATE NURSES MARIE MATTHEWS, MARGARET R. PORTER, AND LULU SWOPE IN THE AMOUNT OF $90.00 EACH, TOTAL OF THE VOUCHER $450.00.

THIS PAY ROLL HAS BEEN PREPARED AND CERTIFIED BY W. L. RICHARDS, LIEUT. COLONEL, M.C., SURGEON, STATION HOSPITAL, FORT GEORGE WRIGHT, WASHINGTON, AND REPRESENTS IN THE CASE OF ALVA BAIN AN INCREASE IN PAY OF $30.00 PER MONTH FOR THE PERIOD JULY 1, 1939 TO DEC. 31, 1939, BY REASON OF CLASSIFICATION TO GRADE SP-5, $1,800 PER ANNUM, AND AN INCREASE IN PAY OF $15.00 PER MONTH FOR THE SAME PERIOD BY REASON OF CLASSIFICATION TO GRADE SP-4, $1,620 PER ANNUM, IN THE CASE OF THE OTHER THREE GRADUATE NURSES.

THE ENCLOSED PAY ROLL WAS RECEIVED IN THIS OFFICE JAN. 3, 1940. THE NURSES IN QUESTION WERE PAID FOR THE PERIOD JULY 1 TO DEC. 31, 1939, INCLUSIVE, AT THE RATE OF $1,440 PER ANNUM. VOUCHER NUMBERS, MONTHS AND DISBURSING OFFICER MAKING THE PAYMENTS AT $1,440 PER ANNUM, ARE NOTED ON THIS PAY ROLL.

IT APPEARS THAT THESE NURSES SHOULD HAVE BEEN PAID AT THE RATES OF $1,800 PER ANNUM AND $1,620 PER ANNUM, CLASSIFICATIONS SP-5 AND SP-4, FROM JULY 1, 1939, BECAUSE OF THE MANDATORY PROVISIONS OF THE COMPTROLLER GENERAL'S DECISION B-3091, MAY 27, 1939, REPORTED IN 18TH COMP. GEN., 887. IN VIEW OF THE MANDATORY PROVISIONS OF DECISION OF THE COMPTROLLER GENERAL, ABOVE MENTIONED, BUT IN VIEW OF PAR. 2, A.R. 35-3880, AS FOLLOWS:

"IN GENERAL, A PROMOTION IS EFFECTIVE FROM AND INCLUDING DATE OF ACCOMPLISHMENT BY THE OFFICER IN POWER TO MAKE THE PROMOTION UNLESS A LATER EFFECTIVE DATE IS SPECIFIED IN THE PROMOTION ORDER. A PROMOTION CANNOT BE ANTEDATED," DECISION IS REQUESTED AS TO WHETHER THE UNDERSIGNED SHOULD CONSIDER THESE CLASSIFICATIONS INVOLVING RETROACTIVE ADJUSTMENTS OF PAY FROM JULY 1, 1939, AS BEING PROPER.

IN DECISION OF MAY 21, 1927, 6 COMP. GEN. 758, IT WAS HELD AS FOLLOWS, QUOTING FROM THE YLLABUS:

A CIVILIAN EMPLOYEE OF THE FIELD SERVICE, WAR DEPARTMENT, WHOSE POSITION WAS REALLOCATED AND HIS SALARY INCREASED IN ACCORDANCE WITH THE ASSIGNMENT OF ADDITIONAL DUTIES IS ENTITLED TO THE INCREASE OF SALARY ONLY FROM THE DATE OF THE APPROVAL OF THE REALLOCATION BY THE SECRETARY OF WAR. SEE ALSO 11 COMP. GEN. 115; 12 ID. 20; ID. 168. THE SAME RULE IS APPLICABLE WHERE THE SALARY OF AN UNCLASSIFIED FIELD POSITION IS INCREASED BY REASON OF AN ORIGINAL ALLOCATION OF THE POSITION BY ADMINISTRATIVE ACTION. THE DECISION OF MAY 27, 1939, 18 COMP. GEN. 887, CITED IN YOUR LETTER, HOLDING THAT THE SALARIES OF CIVILIAN NURSES IN FIELD SERVICE OF THE WAR DEPARTMENT WERE REQUIRED TO BE FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT AS AMENDED, NOT LATER THAN JULY 1, 1939, IS NOT REGARDED AS AFFORDING OR CONSTITUTING A BASIS FOR A CLAIM FOR AN INCREASE IN COMPENSATION PRIOR TO THE EFFECTIVE DATE OF THE ADMINISTRATIVE ACTION ALLOCATING THE INVOLVED FIELD POSITIONS.

AS THE PAPERS FORWARDED WITH YOUR LETTER FAIL TO SHOW THAT THE FIELD POSITIONS OF THE FOUR NURSES IN QUESTION WERE ALLOCATED AT ANY TIME DURING THE PERIOD COVERED BY THE PAY ROLL VOUCHER PRESENTED, YOU ARE NOT AUTHORIZED TO PAY SAID VOUCHER, WHICH WILL BE RETAINED IN THIS OFFICE.