NOVEMBER 26, 1923, 3 COMP. GEN. 336

NOVEMBER 26, 1923, 3 COMP. GEN. 336

ARMY PAY - QUARTERMASTER OFFICERS' TRAINING CAMPS ENLISTED MEN OF THE ARMY ATTENDING QUARTERMASTER OFFICERS' TRAINING CAMPS WITH A VIEW TO COMMISSIONS IN THE STAFF CORPS, SUCH AS IN QUARTERMASTER CORPS OR THE MOTOR TRANSPORT CORPS, WERE NOT ENTITLED TO PAY AT $100 PER MONTH UNDER THE APPROPRIATION IN THE ACT OF JUNE 15, 1917, 40 TAT., 188, SUCH PAY BEING LIMITED TO THOSE ENLISTED MEN IN TRAINING FOR COMMISSIONS IN THE LINE OF THE ARMY.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 26, 1923:

DAVID R. WILCOX, TECHNICAL SERGEANT, UNITED STATES ARMY, RETIRED, REQUESTED, OCTOBER 11, 1923, REVIEW OF SETTLEMENT W-251664, MAY 12, 1923, BY WHICH WAS DISALLOWED HIS CLAIM FOR THE DIFFERENCE BETWEEN THE PAY OF A QUARTERMASTER SERGEANT, RECEIVED BY HIM AND PAY AT $100 PER MONTH MARCH 18 (CORRECT DATE MAY 1) AND JUNE 13, INCLUSIVE, 1918, WHILE IN TRAINING FOR A COMMISSION IN THE ARMY.

PARAGRAPH 13, SPECIAL ORDERS NO. 39, HEADQUARTERS, CAMP DIX, N.J., APRIL 26, 1918, DIRECTED CLAIMANT WITH OTHER ENLISTED MEN TO "PROCEED, ON MONDAY, APRIL 29, 1918, TO CAMP JOSEPH E. JOHNSTON, JACKSONVILLE, FLORIDA, FOR A COURSE OF INSTRUCTION IN THE QUARTERMASTER OFFICERS' TRAINING CAMP; " AND THE REQUEST OF APRIL 25, 1918, FROM THE QUARTERMASTER GENERAL TO THE ADJUTANT GENERAL OF THE ARMY FOR THE ISSUANCE OF THE ORDERS, WAS THAT THE MEN WERE "TO ARRIVE NOT LATER THAN MAY 1, 1918.' THE ORDER FURTHER PROVIDED:

THE MEN OF THE QUARTERMASTER CORPS WILL BE TRANSFERRED IN THEIR PRESENT GRADES FOR DUTY; ALL OTHER MEN MENTIONED ABOVE WILL BE DETACHED FROM THEIR PRESENT ORGANIZATIONS IN THEIR PRESENT GRADES AND CARRIED ON DETACHED SERVICE. ALL STUDENTS CONTINUE, DURING THE PERIOD OF TRAINING, IN THE STATUS OF ENLISTED MEN.

STRICTLY SPEAKING, THE ORDER MERELY TRANSFERRED CLAIMANT, AS A QUARTERMASTER SERGEANT, FROM CAMP DIX TO CAMP JOSEPH E. JOHNSTON FOR DUTY; THAT DUTY, HOWEVER, WAS "FOR A COURSE OF INSTRUCTION IN THE QUARTERMASTER OFFICERS' TRAINING CAMP," AND THE ADJUTANT GENERAL REPORTED OCTOBER 26, 923:

INASMUCH AS THE RECORDS SHOW THAT Q.M. SGT. WILCOX WAS A MEMBER OF 6TH STUDENT CO., ABOVE NAMED CAMP, FROM DATE OF ARRIVAL UNTIL JUNE 13, 1918, THE DATE ON WHICH HE WAS DISCHARGED TO ACCEPT COMMISSION, ACCEPTING COMMISSION AS 2ND LIEUT., Q.M.C., N.A., THE FOLLOWING DAY, IT WOULD APPEAR THAT HE WAS A CANDIDATE IN TRAINING FOR COMMISSION DURING THE PERIOD OF HIS ATTENDANCE AT THIS CAMP.

FOR THE PURPOSE OF THIS CONSIDERATION IT WILL BE ACCEPTED THAT CLAIMANT WAS ON DUTY AT THE CAMP AND IN TRAINING AS A CANDIDATE FOR COMMISSION IN THE ARMY. THE CLAIM IS ASSERTED UNDER THE ACT OF JUNE 15, 1917, 40 STAT., 188. IN DECISION OF SEPTEMBER 27, 1923, IN THE CASE OF NEWELL, IT WAS HELD THAT AN ENLISTED MAN OF THE LINE DETAILED FROM DUTY WITH HIS ORGANIZATION AS A CANDIDATE IN TRAINING FOR COMMISSION IN THE ARMY WAS ENTITLED WHILE SO IN TRAINING DURING THE LIFE OF THE APPROPRIATION MADE IN THE ACT OF JUNE 15, 1917, TO $100 PER MONTH. IT IS SUGGESTED THAT DECISION AUTHORIZES PAYMENT OF THE PRESENT CLAIM.

THE PROVISION OF THE ACT OF JUNE 15, 1917, BELIEVED TO AUTHORIZE PAYMENT, WAS IN A DEFICIENCY APPROPRIATION ACT AND UNDER "PAY OF THE ARMY," SUBHEAD,"ENLISTED MEN OF THE LINE," THE APPROPRIATION WAS---

FOR PAY OF ENLISTED MEN OF ALL GRADES, INCLUDING RECRUITS, AND PAY AT $100 PER MONTH FOR ENLISTED MEN IN TRAINING FOR OFFICERS OF THE RESERVE CORPS, $226, 822, 560.

ENLISTED MEN OF THE STAFF CORPS AND DEPARTMENTS WERE APPROPRIATED FOR SEPARATELY; FOLLOWING THE APPROPRIATION FOR ENLISTED MEN OF THE LINE, IN WHICH THE PROVISION FOR PAY AT $100 PER MONTH APPEARS, ARE APPROPRIATIONS FOR THE PAY OF ENLISTED MEN OF THE ORDNANCE DEPARTMENT, FOR ENLISTED MEN OF THE QUARTERMASTER CORPS, FOR ENLISTED MEN OF THE SIGNAL CORPS, AND FOR ENLISTED MEN OF THE MEDICAL DEPARTMENT. THE PAY OF CLAIMANT AS AN ENLISTED MAN OF THE QUARTERMASTER CORPS, WAS NOT APPROPRIATED FOR UNDER "ENLISTED MEN OF THE LINE," BUT THIS DOES NOT NECESSARILY REQUIRE THE CONCLUSION THAT ENLISTED MEN OF THE STAFF CORPS AND DEPARTMENTS MAY NOT BE WITHIN THE PROVISION THERE MADE FOR PAY AT $100 PER MONTH, IF THEY ARE OTHERWISE WITHIN THE PROVISION FOR TRAINING FOR OFFICERS. THE PROVISION SHOWS NO INTENDMENT TO LIMIT ITS BENEFIT TO ENLISTED MEN OF THE LINE. THE QUESTION OF THE RIGHT TO THE PAY RELATES TO THE PURPOSE FOR WHICH UNDERGOING TRAINING, AND IS NOT DEPENDENT UPON TO WHAT SERVICE THE ENLISTED MAN BELONGED.

THE GENESIS OF THE TRAINING CAMP IS FOUND IN SECTION 54 OF THE ACT OF JUNE 3, 1916, 39 STAT., 194, IN WHICH THE SECRETARY OF WAR WAS AUTHORIZED TO MAINTAIN "CAMPS FOR THE MILITARY INSTRUCTION AND TRAINING OF SUCH CITIZENS AS MAY BE SELECTED FOR SUCH INSTRUCTION AND TRAINING; " "TO USE, FOR THE PURPOSE OF MAINTAINING SAID CAMPS AND IMPARTING MILITARY INSTRUCTION AND TRAINING THEREAT, SUCH ARMS, AMMUNITION, ACCOUTERMENTS, EQUIPMENTS, TENTAGE, FIELD EQUIPAGE AND TRANSPORTATION BELONGING TO THE UNITED STATES AS HE MAY DEEM NECESSARY; " AND "TO AUTHORIZE SUCH EXPENDITURES, FROM PROPER ARMY APPROPRIATIONS, AS HE MAY DEEM NECESSARY FOR * * * DAMAGES RESULTING FROM FIELD EXERCISES.' ALL THIS IMPLIES TRAINING FOR THE COMBATANT BRANCHES OR THE LINE OF THE ARMY, AND SUCH SEEMS TO HAVE BEEN THE PRACTICE OF THE WAR DEPARTMENT UNDER THIS AUTHORITY AS IS PLAINLY SHOWN BY ITS SPECIAL REGULATIONS NO. 49 OF MAY 5, 1917, ENTITLED "TRAINING CAMPS FOR RESERVE OFFICERS AND CANDIDATES FOR APPOINTMENT AS SUCH, MAY 15-AUGUST 11, 1917--- ESTABLISHED UNDER THE NATIONAL DEFENSE ACT OF JUNE 3, 1916.'

THE TELEGRAPHIC INSTRUCTIONS ISSUED TO COMMANDING GENERALS, ALL DEPARTMENTS IN THE UNITED STATES, APRIL 17, 1917, AND PUBLISHED, PAGE 11, DIRECTED:

PREPARE AND CONDUCT TRAINING CAMPS UNDER SECTION 54, NATIONAL DEFENSE ACT, LIMITING ATTENDANCE TO RESERVE OFFICERS AND CANDIDATES FOR APPOINTMENT AS SUCH. LIMITED TO INFANTRY, CAVALRY, FIELD ARTILLERY, ENGINEERS, AND COAST ARTILLERY.

IN LETTER TO DEPARTMENT COMMANDERS IN THE UNITED STATES AND STAFF CORPS AND DEPARTMENTS, RESPECTING THE "PLAN FOR ESTABLISHMENT OF TRAINING CAMPS," PAGE 12, IT WAS SAID:

THE SECRETARY OF WAR DIRECTS ME TO INFORM YOU THAT THE FOLLOWING PLAN WILL BE PUT INTO OPERATION FOR THE PURPOSE OF TRAINING CITIZENS TO BECOME RESERVE OFFICERS:

1. MAKE PREPARATIONS AT ONCE FOR THE ESTABLISHMENT OF TRAINING CAMPS FOR RESERVE OFFICERS AND CANDIDATES FOR APPOINTMENT IN THE OFFICERS' RESERVE CORPS OF INFANTRY, CAVALRY, FIELD ARTILLERY, ENGINEERS, AND COAST ARTILLERY FOR EACH OF THE PROPOSED 16 INFANTRY DIVISIONS, WITH PROVISION FOR TRAINING OFFICERS FOR AN ADDITIONAL CAVALRY REGIMENT AT EACH CAMP, AND A SIMILAR CONTINGENT OF COAST ARTILLERY RESERVE OFFICERS OR CANDIDATES FOR APPOINTMENT AS SUCH IN THE DIVISIONAL CAMPS THAT CONTAIN COAST DEFENSES.

SPECIAL REGULATIONS 49, REVISED AUGUST 15, 1917, IN PRESCRIBING THE QUOTAS OF CANDIDATES TO BE ALLOTTED TO EACH ARM OF THE SERVICE AT THE VARIOUS TRAINING CAMPS, PROVIDED QUOTAS ONLY FOR TRAINING FOR THE INFANTRY, FIELD ARTILLERY, COAST ARTILLERY, AND CAVALRY. AND THE TITLE OF SPECIAL REGULATIONS NO. 49, WHEN REVISED JANUARY 5, 1918, WAS CHANGED TO "TRAINING SCHOOLS FOR CANDIDATES FOR COMMISSIONS IN THE INFANTRY, CAVALRY, AND FIELD ARTILLERY.

CONGRESS, IN ENACTING THE LEGISLATION OF JUNE 15, 1917, WAS INFORMED OF THE PLANS OF THE WAR DEPARTMENT FOR TRAINING CAMPS AS PUBLISHED IN SPECIAL REGULATIONS NO. 49 OF MAY 5, 1917, AND IT WAS WITH RESPECT TO THESE TRAINING CAMPS THAT THE CLAUSE PROVIDING PAY AT $100 PER MONTH FOR THE ENLISTED MAN IN TRAINING FOR OFFICERS OF THE RESERVE CORPS WAS INSERTED UNDER "ENLISTED MEN OF THE LINE; " TRAINING FOR LINE OR COMBATANT ORGANIZATIONS WAS CONTEMPLATED, AND NOT TRAINING FOR DUTY IN STAFF CORPS OR DEPARTMENTS.

SUBSEQUENT LEGISLATION, SECTION 2, ACT OF JUNE 4, 1920, 41 STAT., 759, HAS DEFINED CERTAIN BRANCHES OF THE ARMY AS "THE COMBATANT ARMS OR THE LINE OF THE ARMY.' WINTHROP IN DESCRIBING THE REGULAR ARMY OF 1895, PARAGRAPH 114, SAYS:

THESE MEMBERS OF THE REGULAR ARMY OF WHATEVER GRADE ARE ALL MILITARY PERSONS; THERE EXISTS NO LONGER IN OUR SERVICE WHAT WAS ONCE STYLED THE "CIVIL BRANCH" OF THE ARMY. OUR SURGEONS, PAYMASTERS, CHAPLAINS,STOREKEEPERS, ETC., ARE ALL NOW COMMISSIONED OFFICERS IN THE SAME MANNER AS ARE THE OFFICERS OF THE LINE, AND, WHETHER OR NOT HAVING COMMANDS, ARE, EQUALLY WITH THE LATTER, MILITARY OFFICERS.

CONGRESS DID NOT INTEND TO PROVIDE INCREASED PAY FOR ENLISTED MEN, WHETHER OF THE LINE OR STAFF CORPS AND DEPARTMENTS, BEING INSTRUCTED IN THE PERFORMANCE OF DUTIES MORE OF A CIVIL THAN OF A MILITARY NATURE WITH A VIEW TO QUALIFYING FOR COMMISSION IN THE STAFF CORPS AND DEPARTMENT; NOR DID IT INTEND BY THE ACT OF JUNE 15, 1917, TO PROVIDE INCREASED PAY FOR ENLISTED MEN OF THE LINE ATTENDING TRAINING CAMPS CONDUCTED FOR CANDIDATES FOR COMMISSION IN THE LINE OF THE ARMY, AND DENY THE INCREASED PAY TO ENLISTED MEN OF THE STAFF CORPS AND DEPARTMENTS ATTENDING SUCH CAMP. WHEN THE LEGISLATION IS READ IN CONNECTION WITH THE PUBLISHED PLANS OF THE WAR DEPARTMENT FOR THE CONDUCT OF THE TRAINING CAMPS, THE INTENT OF THE BRIEF AND AMBIGUOUS PROVISION IN THE ACT OF JUNE 15, 1917, IS CLEAR; IT WAS TO PROVIDE PAY AT $100 PER MONTH TO ENLISTED MEN IN TRAINING FOR COMMISSIONS IN THE LINE OF THE ARMY, WHETHER THOSE ENLISTED MEN WERE DETAILED FROM THE LINE OR FROM THE STAFF CORPS AND DEPARTMENTS. WHAT SHOULD BE CONSIDERED TRAINING FOR THE COMBATANT BRANCHES OR LINE OF THE ARMY WILL BE FOR DETERMINATION AS INDIVIDUAL CASES ARE PRESENTED. IN THE PRESENT CASE THE CAMP WAS DENOMINATED "THE QUARTERMASTER OFFICERS' TRAINING CAMP; " THE TRAINING WAS WITH A VIEW TO COMMISSION IN THE QUARTERMASTER CORPS, OR IN THE MOTOR TRANSPORT CORPS, CREATED UNDER THE ACT OF MAY 18, 1917, 40 STAT., 76, BOTH STAFF CORPS, AND THE TRAINING DOES NOT ENTITLE CLAIMANT TO PAY AT $100 PER MONTH. ON REVIEW THE SETTLEMENT DISALLOWING THE CLAIM IS SUSTAINED.