SEPTEMBER 28, 1923, 3 COMP. GEN. 167
Highlights
ARMY PAY - ACCEPTED APPLICANT FOR ENLISTMENT AN ACCEPTED APPLICANT FOR ENLISTMENT IN THE ARMY IS NOT ENTITLED TO PAY UNTIL HIS ENLISTMENT IS CONSUMMATED BY TAKING THE OATH. THE CLAIM WAS DISALLOWED FOR THE REASON THAT AN ENLISTED MAN OF THE ARMY IS ENTITLED TO PAY ONLY FROM THE DATE OF ACTUAL ENLISTMENT. MENTAL AND MORAL REQUIREMENTS OF ACCEPTED APPLICANTS FOR ENLISTMENT WHO ARE APPLICANTS FOUND BY THE GENERAL RECRUITING STATION TO HAVE THE APPARENT PHYSICAL. MORAL QUALIFICATIONS FOR ENLISTED SERVICE IN THE ARMY BUT WHO HAVE NOT. BEEN FINALLY EXAMINED AND FOUND DISQUALIFIED OR QUALIFIED AND ENLISTED BY EITHER THE GENERAL RECRUIT DEPOT OR RECRUIT DEPOT POST TO WHICH ACCEPTED APPLICANTS ARE REQUIRED TO BE SENT.
SEPTEMBER 28, 1923, 3 COMP. GEN. 167
ARMY PAY - ACCEPTED APPLICANT FOR ENLISTMENT AN ACCEPTED APPLICANT FOR ENLISTMENT IN THE ARMY IS NOT ENTITLED TO PAY UNTIL HIS ENLISTMENT IS CONSUMMATED BY TAKING THE OATH.
DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 28, 1923:
NEWMAN PORTER, FORMERLY PRIVATE, FIRST CLASS, MEDICAL DEPARTMENT, REQUESTED JUNE 15, 1923, REVIEW OF SETTLEMENT NO. W-891754, DATED MAY 18, 1923, DISALLOWING HIS CLAIM FOR PAY FOR THE PERIOD FROM OCTOBER 14, 1917, TO DECEMBER 2, 1917, INTERVENING BETWEEN THE DATE OF HIS ACCEPTANCE AND HIS ENLISTMENT IN THE ARMY. THE CLAIM WAS DISALLOWED FOR THE REASON THAT AN ENLISTED MAN OF THE ARMY IS ENTITLED TO PAY ONLY FROM THE DATE OF ACTUAL ENLISTMENT.
PARAGRAPHS 840 TO 877, ARMY REGULATIONS, 1913-1917, PRESCRIBED THE GENERAL DUTIES OF RECRUITING OFFICERS, THE PHYSICAL, MENTAL AND MORAL REQUIREMENTS OF ACCEPTED APPLICANTS FOR ENLISTMENT WHO ARE APPLICANTS FOUND BY THE GENERAL RECRUITING STATION TO HAVE THE APPARENT PHYSICAL, MENTAL, AND MORAL QUALIFICATIONS FOR ENLISTED SERVICE IN THE ARMY BUT WHO HAVE NOT, AS YET, BEEN FINALLY EXAMINED AND FOUND DISQUALIFIED OR QUALIFIED AND ENLISTED BY EITHER THE GENERAL RECRUIT DEPOT OR RECRUIT DEPOT POST TO WHICH ACCEPTED APPLICANTS ARE REQUIRED TO BE SENT. SEE 27 COMP. DEC., 963. THE COMPARATIVELY LONG PERIOD FROM OCTOBER 14 TO DECEMBER 2, 1917, INTERVENING IN THE INSTANT CASE BETWEEN THE DATE OF ACCEPTANCE FOR ENLISTMENT AT TULSA, OKLA., AND ACTUAL ENLISTMENT AT FORT LOGAN, COLO., WAS DUE TO THE FACT THAT CLAIMANT WAS CONFINED IN THE HOSPITAL ALMOST IMMEDIATELY UPON REACHING FORT LOGAN AND WAS NOT RELEASED THEREFROM UNTIL DECEMBER 3, 1917, WHEN HE WAS FINALLY EXAMINED AND TOOK THE OATH OF ENLISTMENT. WHETHER HE IS ENTITLED TO PAY DURING THE INTERVENING PERIOD PRESENTS THE ONLY QUESTION HERE FOR DETERMINATION.
THE MATTER OF WHETHER AN ENLISTED MAN WAS ENTITLED TO PAY FROM THE DATE OF ACCEPTANCE FOR ENLISTMENT OR FROM THE DATE HE HAD PASSED ALL EXAMINATIONS AND HAD BEEN ACTUALLY ENLISTED HAS BEEN HERETOFORE EXHAUSTIVELY CONSIDERED AND THE CONCLUSION REACHED THAT HE WAS ENTITLED TO PAY ONLY FROM AND AFTER THE DATE UPON WHICH HE TAKES THE OATH OF ENLISTMENT, SAVE IN THOSE RARE CASES WHERE IT IS AFFIRMATIVELY SHOWN THAT THE ENLISTMENT CONTRACT WAS COMPLETED AND THE MAN'S STATUS CHANGED FROM THAT OF A CIVILIAN TO THAT OF A SOLDIER BY SOME OTHER ACT THAN THAT OF TAKING THE OATH. 19 COMP. DEC., 367. THERE IS NO SUCH SHOWING HERE AND CLAIMANT CAN BE CONSIDERED AS A SOLDIER ONLY FROM AND AFTER DECEMBER 3, 1917, WHEN HE WAS ACTUALLY ENLISTED. IT NECESSARILY FOLLOWS THAT HE IS NOT ENTITLED TO THE PAY OF AN ENLISTED MAN FOR ANY PERIOD ANTERIOR TO THAT DATE WHEN HE WAS NOT AN ENLISTED MAN BUT ONLY AN ACCEPTED APPLICANT FOR ENLISTMENT.