FEBRUARY 9, 1924, 3 COMP. GEN. 494

FEBRUARY 9, 1924, 3 COMP. GEN. 494

ARMY PAY - SIGNAL CORPS OFFICERS' TRAINING CAMPS ENLISTED MEN OF THE ARMY WHO ATTENDED THE SIGNAL CORPS OFFICERS' TRAINING CAMPS WERE NOT ENTITLED TO PAY AT $100 PER MONTH UNDER THE APPROPRIATION IN THE ACT OF JUNE 15, 1917, GRANTING SUCH PAY TO ENLISTED MEN OF THE LINE IN TRAINING FOR COMMISSIONS IN THE COMBATANT BRANCHES OF THE ARMY, THE SAID CORPS HAVING BEEN ATTACHED TO THE STAFF CORPS OF THE ARMY UNTIL JUNE 4, 1920, WHEN IT WAS DESIGNATED BY ACT OF CONGRESS AS ONE OF THE COMBATANT BRANCHES OF THE ARMY.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 9, 1924:

IN THE MATTER OF THE CLAIM OF ALBERT S. EGGERTON FOR DIFFERENCE BETWEEN PAY OF GRADE AS AN ENLISTED MAN OF THE ARMY AND PAY AT $100 PER MONTH FOR SUCH PORTION OF THE PERIOD MAY 10 TO JULY 31, 1918, AS PAY AT $100 PER MONTH WAS AUTHORIZED UNDER ACT OF JUNE 15, 1917, 40 STAT., 188, WHILE IN TRAINING FOR A COMMISSION IN THE SIGNAL CORPS OF THE ARMY; THE QUESTION FOR DECISION IS WHETHER THE TRAINING WAS FOR A COMMISSION IN THE LINE OR A COMBATANT BRANCH OF THE ARMY WITHIN THE RULE ANNOUNCED IN DECISION OF NOVEMBER 26, 1923, CASE OF WILCOX, 3 COMP. GEN., 336.

THE ADJUTANT GENERAL REPORTED THAT CLAIMANT "WAS IN TRAINING FOR COM. WITH HQ. CAMP SAMUEL F. B. MORSE, LEON SPRINGS, TEXAS, FROM MAY 10, 1918, TO JULY 31, 1918, A SGT 1/CI.' THE ROLLS SHOW THAT DURING THE MONTHS OF MAY AND JUNE, 1918, HE WAS PAID AS A SERGEANT, FIRST CLASS, SIGNAL CORPS; CLAIMANT STATES HE WAS A CANDIDATE IN THE FOURTH SIGNAL CORPS OFFICERS TRAINING CAMP, AND THAT ON COMPLETION OF THE COURSE HE WAS RETURNED TO HIS ORGANIZATION, THE 114TH FIELD SIGNAL BATTALION, 39TH DIVISION.

THE APPROPRIATION MADE IN THE ACT OF JUNE 15, 1917, 40 STAT., 188, UNDER "ENLISTED MEN OF THE LINE," FOR "PAY AT $100 PER MONTH FOR ENLISTED MEN IN TRAINING FOR OFFICERS OF THE RESERVE CORPS," IN THE DECISION CITED, WAS HELD TO AUTHORIZE THE PAY STATED 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, AND THAT TRAINING FOR A COMMISSION IN THE QUARTERMASTER CORPS DID NOT ENTITLE TO PAY AT THE INCREASED RATE.

IN ITS ORIGIN THE SIGNAL CORPS WAS A PART OF THE STAFF OF THE ARMY; SEE ACT OF JUNE 21, 1860, 12 STAT., 66, WHERE IT WAS PROVIDED:

AND THAT THERE BE ADDED TO THE STAFF OF THE ARMY ONE SIGNAL OFFICER, WITH THE RANK, PAY, AND ALLOWANCES OF A MAJOR OF CAVALRY, WHO SHALL HAVE CHARGE, UNDER THE DIRECTION OF THE SECRETARY OF WAR, OF ALL SIGNAL DUTY AND OF ALL BOOKS, PAPERS, AND APPARATUS CONNECTED THEREWITH.

THEREAFTER PAY OF OFFICERS AND ENLISTED MEN OF THE SIGNAL CORPS OR SIGNAL SERVICE, AS AUTHORIZED BY LAW, WAS PROVIDED UNDER "PAY OF THE ARMY" TO AND INCLUDING THE FISCAL YEAR 1883. COMMENCING WITH THE FISCAL YEAR 1884 TO AND INCLUDING THE FISCAL YEAR 1891 THE APPROPRIATION FOR THE PAY AND ALLOWANCES OF THE CHIEF SIGNAL OFFICER, AND THE OFFICERS AND ENLISTED MEN OF THE SIGNAL CORPS WERE CARRIED IN THE ANNUAL SUNDRY CIVIL APPROPRIATION ACTS; SEE 22 STAT., 616; 23 D., 218 AND 505; 24 ID., 246 AND 532; 25 ID., 534 AND 967; AND 26 ID., 399.

BY THE ACT OF OCTOBER 1, 1890, 26 STAT., 653, THE WEATHER SERVICE OF THE SIGNAL CORPS WAS TRANSFERRED TO THE DEPARTMENT OF AGRICULTURE AND IT WAS PROVIDED BY SECTION 9 OF THE ACT:

THAT ON AND AFTER JULY FIRST, EIGHTEEN HUNDRED AND NINETY-ONE, THE APPROPRIATIONS FOR THE SUPPORT OF THE SIGNAL CORPS OF THE ARMY SHALL BE MADE WITH THOSE OF OTHER STAFF CORPS OF THE ARMY, * * *.

BY SECTION 26 OF THE ACT OF FEBRUARY 2, 1901, 31 STAT., 755, IT WAS PROVIDED THAT COMMISSIONED VACANCIES IN THE SIGNAL CORPS, WITH CERTAIN EXCEPTIONS THEREIN INDICATED,"SHALL BE FILLED BY DETAIL FROM THE LINE OF THE ARMY.'

SO FAR AS HERE MATERIAL, THIS WAS THE STATE OF THE LAW UNTIL JUNE 3, 1916, AND THERE CAN BE NO DOUBT THAT UNDER THE STATUTE LAW THE SIGNAL CORPS BELONGED TO THE STAFF AND NOT TO THE LINE OF THE ARMY. THE ACT OF THAT DATE, 39 STAT., 166, MADE NO CHANGE IN THE METHOD OF SECURING OFFICERS FOR THE SIGNAL CORPS BY DETAIL FROM THE LINE OF THE ARMY. WAS, HOWEVER, PROVIDED BY SECTION 13, PAGE 176, THAT---

AUTHORITY IS HEREBY GIVEN THE PRESIDENT TO ORGANIZE, IN HIS DISCRETION, SUCH PART OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE SIGNAL CORPS INTO SUCH NUMBER OF COMPANIES, BATTALIONS, AND AERO SQUADRONS AS THE NECESSITIES OF THE SERVICE MAY DEMAND.

UNDER THIS AUTHORITY AND THE AUTHORITY CONFERRED IN WAR STATUTES NOTABLY THE ACTS OF MAY 18, 1917, AND JULY 24, 1917, 40 STAT., 76, 243, SIGNAL CORPS ORGANIZATIONS WERE CREATED FOR SERVICE WITH TROOPS IN THE THEATER OF ACTIVE OPERATIONS DURING THE WAR, AMONG OTHERS THE FOLLOWING: CHART TABLES OF ORGANIZATION, 1918:

22. OUTPOST COMPANY, FIELD SIGNAL BATTALION.

23.FIELD SIGNAL BATTALION.

114. TELEGRAPH BATTALION.

123. FIELD SIGNAL BATTALION, MOTORIZED (CORPS AND ARMY TROOPS).

303. DEPOT BATTALION.

307. MOTOR MECHANIC REGIMENT.

327. CONSTRUCTION COMPANY.

348. PIGEON COMPANY.

349. METEOROLOGICAL SERVICE.

523. FIELD SIGNAL BATTALION (MOUNTED).

WHILE THESE ORGANIZATIONS, IT SEEMS, FUNCTIONED WITH AND AS A PART OF HIGHER TACTICAL UNITS IN OFFENSIVE AND DEFENSIVE OPERATIONS, THAT IS IN A MEASURE TRUE OF ALL OR MOST OF THE STAFF CORPS AND DEPARTMENTS; AND WHILE SOME, PARTICULARLY THE FIELD SIGNAL BATTALION AND THE TELEGRAPH BATTALION OPERATED WITH THE ADVANCED TROOPS IN ACTION, ALMOST AS MUCH CAN BE SAID OF SOME OF THE FIELD ORGANIZATIONS OF THE MEDICAL DEPARTMENT. AS TO ALL OF THE SIGNAL CORPS ORGANIZATIONS, THE TABLES OF ORGANIZATION SEEM TO INDICATE THEY WERE ARMED, IF AT ALL, ONLY FOR DEFENSE.

THE STATUTES IN FORCE DURING THE WAR PROVIDED THAT OFFICERS FOR THE SIGNAL CORPS SHOULD BE SECURED BY DETAIL FROM THE LINE OF THE ARMY AND THAT APPROPRIATIONS FOR THE SUPPORT OF THE SIGNAL CORPS SHOULD "BE MADE WITH THOSE OF THE OTHER STAFF CORPS OF THE ARMY," AND IT MUST BE HELD THAT UNTIL CONGRESS BY SECTION 2 OF THE ACT OF JUNE 4, 1920, 41 STAT., 759, DESIGNATED THE SIGNAL CORPS AS ONE OF THE COMBATANT ARMS OR A PART OF THE LINE OF THE ARMY, IT WAS BY THE PRIOR STATUTES A STAFF CORPS OF THE ARMY, AND THAT TRAINING FOR A COMMISSION IN THE SIGNAL CORPS DURING PORTIONS OF THE YEARS 1917 AND 1918 WAS NOT THE TRAINING CONTEMPLATED BY THE ACT OF JUNE 15, 1917, AND DOES NOT ENTITLE TO PAY AT $100 PER MONTH.

THE CASE OF UNITED STATES V. RIDER, 261 U.S., 363, HAS NOT BEEN OVERLOOKED. IN THAT CASE THE RIGHT OF AN ENLISTED MAN OF THE AVIATION SECTION, SIGNAL ENLISTED RESERVE CORPS, IN TRAINING FOR A COMMISSION IN THE AVIATION SECTION, SIGNAL OFFICERS' RESERVE CORPS, TO PAY AT $100 PER MONTH WAS RECOGNIZED. THE AVIATION SECTION OF THE SIGNAL CORPS WAS, HOWEVER, TRAINED AS A COMBATANT BRANCH OF THE ARMY AND BY EXECUTIVE ORDER UNDER THE AUTHORITY OF WAR STATUTES WAS SEPARATED FROM THE SIGNAL CORPS EARLY IN 1918. SEE WAR DEPARTMENT GENERAL ORDERS NO. 51, MAY 24, 1918; ALSO ACT OF JULY 18, 1914, 38 STAT., 514-516.

FOR THE PERIOD OF THE CLAIM FROM JULY 1 TO 31, 1918, CLAIMANT IS NOT ENTITLED TO THE $100 PER MONTH TRAINING PAY CLAIMED FOR THE ADDITIONAL REASON THAT NONE WAS PAYABLE TO ANY MEN FOR THAT PERIOD. UNITED STATES V. RIDER, 261 U.S., 363; 26 COMP. DEC., 745.

THE DISALLOWANCE CERTIFICATE AS PREPARED, WITH SUCH ADDED REASON, MAY ACCORDINGLY ISSUE.