NOVEMBER 9, 1923, 3 COMP. GEN. 292
Highlights
FOR ENLISTED MEN OF THE ARMY AWARDED A MEDAL OF HONOR ATTACHES ONLY TO MEDALS OF HONOR WHICH HAVE BEEN AWARDED IN ACCORDANCE WITH THAT ACT AND IS NOT PAYABLE FOR A MEDAL OF HONOR PREVIOUSLY AWARDED FOR WHICH THE ENLISTED MAN WAS PAID THE $100 GRATUITY AUTHORIZED BY THE ACT OF MARCH 3. BY WHICH WAS DISALLOWED HIS CLAIM AS THE RECIPIENT OF A MEDAL OF HONOR. THE MILITARY HISTORY SHOWS SOLDIER'S SERVICE IN THE UNITED STATES ARMY BETWEEN THOSE DATES TO HAVE BEEN AS FOLLOWS: ENLISTED APRIL 20. A CONGRESSIONAL MEDAL OF HONOR WAS AWARDED CLAIMANT BY GENERAL ORDERS. AT WHICH TIME HE WAS A LANDSMAN IN THE UNITED STATES NAVY. WAS ALLOWED CLAIMANT IN SETTLEMENT NO. 871: THAT EACH ENLISTED MAN OF THE ARMY TO WHOM THERE HAS BEEN OR SHALL BE AWARDED A MEDAL OF HONOR * * * SHALL * * * BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE DISTINGUISHED ACT OR SERVICE ON WHICH THE AWARD IS BASED.
NOVEMBER 9, 1923, 3 COMP. GEN. 292
MEDALS OF HONOR - ARMY, ENLISTED MEN THE ADDITIONAL PAY AT $2 PER MONTH PROVIDED BY THE ACT OF JULY 9, 1918, 40 STAT. 871, FOR ENLISTED MEN OF THE ARMY AWARDED A MEDAL OF HONOR ATTACHES ONLY TO MEDALS OF HONOR WHICH HAVE BEEN AWARDED IN ACCORDANCE WITH THAT ACT AND IS NOT PAYABLE FOR A MEDAL OF HONOR PREVIOUSLY AWARDED FOR WHICH THE ENLISTED MAN WAS PAID THE $100 GRATUITY AUTHORIZED BY THE ACT OF MARCH 3, 1901, 31 STAT., 1099.
DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 9, 1923:
HENRY P. RUSSELL, FIRST SERGEANT, HEADQUARTERS BATTERY, SIXTY-SECOND ARTILLERY, UNITED STATES ARMY, REQUESTED JULY 7, 1923, A REVIEW OF SETTLEMENT NO. W-137702, DATED MARCH 21, 1922, BY WHICH WAS DISALLOWED HIS CLAIM AS THE RECIPIENT OF A MEDAL OF HONOR, FOR ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM APRIL 20, 1905, TO MAY 21, 1919.
THE MILITARY HISTORY SHOWS SOLDIER'S SERVICE IN THE UNITED STATES ARMY BETWEEN THOSE DATES TO HAVE BEEN AS FOLLOWS:
ENLISTED APRIL 20, 1905, DISCHARGED MAY 18, 1908; REENLISTED MAY 25, 1908, DISCHARGED MAY 24, 1911; REENLISTED MAY 25, 1911, DISCHARGED MAY 24, 1914; REENLISTED MAY 24, 1914, DISCHARGED MAY 21, 1919; * * *.
A CONGRESSIONAL MEDAL OF HONOR WAS AWARDED CLAIMANT BY GENERAL ORDERS, NO. 521, NAVY DEPARTMENT, JULY 7, 1899, FOR COOLNESS AND BRAVERY WHILE CUTTING THE CABLES AT CIENFUEGOS, CUBA, MAY 11, 1898, UNDER A HEAVY INFANTRY SHORE FIRE, AT WHICH TIME HE WAS A LANDSMAN IN THE UNITED STATES NAVY, ATTACHED TO THE U.S.S. MARBLE HEAD. THE $100 GRATUITY AUTHORIZED IN ADDITION TO THE AWARD BY THE ACT OF MARCH 3, 1901, 31 STAT., 1099, AMENDING SECTION 1407, REVISED STATUTES, WAS ALLOWED CLAIMANT IN SETTLEMENT NO. N-9668, OCTOBER 19, 1911, AND PAID BY NAVY WARRANT NO. 1657, SEPTEMBER 20, 1912.
CLAIMANT CONTENDS FOR PAY AT $2 PER MONTH UNDER THE ACT OF JULY 9, 1918, 40 STAT., 871:
THAT EACH ENLISTED MAN OF THE ARMY TO WHOM THERE HAS BEEN OR SHALL BE AWARDED A MEDAL OF HONOR * * * SHALL * * * BE ENTITLED TO ADDITIONAL PAY AT THE RATE OF $2 PER MONTH FROM THE DATE OF THE DISTINGUISHED ACT OR SERVICE ON WHICH THE AWARD IS BASED, * * * AND SAID ADDITIONAL PAY SHALL CONTINUE THROUGHOUT HIS ACTIVE SERVICE, WHETHER SUCH SERVICE SHALL OR SHALL NOT BE CONTINUOUS: * * *.
THE ADDITIONAL PAY AT $2 PER MONTH, PROVIDED IN THE ACT OF JULY 9, 1918 (AS ALSO IN THE NAVY ACT OF FEBRUARY 4, 1919, 40 STAT., 1056) , ATTACHES TO MEDALS OF HONOR WHICH HAVE BEEN AWARDED IN ACCORDANCE WITH THOSE ACTS AND NOTHING IN EITHER ACT OF JULY 9, 1918, OR OF FEBRUARY 4, 1919, INDICATES A PURPOSE TO SUPPLEMENT A GRATUITY AUTHORIZED AND PAID IN ACCORDANCE WITH THE LAW IN EFFECT AT THE TIME THE MEDAL WAS ISSUED. COMP. DEC., 298.