JULY 21, 1922, 2 COMP. GEN. 31

JULY 21, 1922, 2 COMP. GEN. 31

LONGEVITY PAY - FIELD CLERKS, QUARTERMASTER CORPS THE ACT OF AUGUST 29, 1916, 39 STAT., 625, GRANTING TO FIELD CLERKS, QUARTERMASTER CORPS, THE SAME ALLOWANCES AS PAY CLERKS, DOES NOT GRANT THEM THE RIGHT TO LONGEVITY INCREASE OF PAY PROVIDED BY SECTION 1262, REVISED STATUTES, SUCH INCREASE BEING A PART OF THE PAY AND NOT AN ALLOWANCE.

COMPTROLLER GENERAL MCCARL TO MAJ. JEROME CLARK, UNITED STATES ARMY, JULY 21, 1922.

I HAVE YOUR LETTER OF JUNE 21, 1922, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY VOUCHER THEREWITH TRANSMITTED, STATED IN FAVOR OF G. D. GLOVER, FIELD CLERK, QUARTERMASTER CORPS, FOR LONGEVITY INCREASE OF PAY FOR OVER FIVE YEARS' SERVICE FROM AUGUST 29, 1921 (WHEN FIVE YEARS' SERVICE AS FIELD CLERK, QUARTERMASTER CORPS, IS STATED TO HAVE BEEN COMPLETED), TO MAY 31, 1922, $151.10.

THE ACT OF AUGUST 29, 1916, 39 STAT., 625, PROVIDES:

HEREAFTER NOT TO EXCEED TWO HUNDRED CLERKS, QUARTERMASTER CORPS, WHO SHALL HAVE HAD TWELVE YEARS OF SERVICE, AT LEAST THREE YEARS OF WHICH SHALL HAVE BEEN ON DETACHED DUTY AWAY FROM PERMANENT STATIONS, OR ON DUTY BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, OR BOTH, SHALL BE KNOWN AS FIELD CLERKS, QUARTERMASTER CORPS, AND SHALL RECEIVE THE SAME ALLOWANCES, EXCEPT RETIREMENT, AS HERETOFORE ALLOWED BY LAW TO PAY CLERKS, QUARTERMASTER CORPS, AND SHALL BE SUBJECT TO THE RULES AND ARTICLES OF WAR.

SECTION 4-A OF THE ACT OF JUNE 4, 1920, 41 STAT., 761, CONTAINED A PROVISION THAT---

HEREAFTER NO APPOINTMENTS AS ARMY FIELD CLERKS, OR FIELD CLERKS, QUARTERMASTER CORPS, SHALL BE MADE.

SECTION 5 OF THE ACT OF MAY 18, 1920, 41 STAT., 602, PROVIDED A TEMPORARY INCREASE IN PAY TO CONTINUE NO LONGER THAN JUNE 30, 1922, AS FOLLOWS:

THAT ARMY FIELD CLERKS AND FIELD CLERKS QUARTERMASTER CORPS, WHOSE TOTAL PAY AND ALLOWANCES DO NOT EXCEED $2,500 PER ANNUM, SHALL BE PAID AN INCREASE AT THE RATE OF $240 PER ANNUM: PROVIDED FURTHER, THAT SUCH ARMY FIELD CLERKS AND FIELD CLERKS QUARTERMASTER CORPS, WHOSE TOTAL PAY AND ALLOWANCES EXCEED $2,500 BUT DO NOT EXCEED $2,740 PERANNUM, SHALL BE PAID SUCH ADDITIONAL AMOUNT AS WILL MAKE THEIR TOTAL PAY AND ALLOWANCES NOT TO EXCEED $2,740 PER ANNUM: PROVIDED FURTHER, THAT THIS SECTION SHALL NOT BE CONSTRUED TO REDUCE THE PAY AND ALLOWANCES OF ANY ARMY FIELD CLERK OR FIELD CLERK QUARTERMASTER CORPS.

ARMY FIELD CLERKS ARE NOT ENTITLED TO LONGEVITY INCREASE OF PAY FOR PRIOR SERVICE IN THE ARMY. 25 COMP. DEC., 432.

THE STATUTE CREATING THE GRADE OF FIELD CLERK, QUARTERMASTER CORPS, PROVIDES ONLY THAT THEY SHALL HAVE THE SAME ALLOWANCES TO WHICH PAY CLERKS, QUARTERMASTER CORPS, WERE THERETOFORE ENTITLED. LONGEVITY INCREASE OF PAY PROVIDED BY SECTION 1262, REVISED STATUTES, FOR OFFICERS OF THE ARMY IS PAY AND NOT AN ALLOWANCE; IT DOES NOT, THEREFORE, ACCRUE TO FIELD CLERKS, QUARTERMASTER CORPS.

IT MAY ALSO BE OBSERVED THAT THE PAY OF FIELD CLERKS, QUARTERMASTER CORPS, IS NOT FIXED BY STATUTE BUT BY ADMINISTRATIVE ACTION, AND IS PAYABLE FROM LUMP-SUM APPROPRIATIONS. SUCH INCREASE IN PAY AS MAY BE WARRANTED BY THE INCREASED VALUE OF THE SERVICES OF THE INDIVIDUAL RESULTING FROM LENGTH OF SERVICE, AND WHICH MAY BE PERMITTED BY LAW, CAN BE AND PROBABLY IS PROVIDED FOR BY ADMINISTRATIVE ACTION.

SEE BROWN V. UNITED STATES, 18 CT.CLS., 545.

THE VOUCHER IS HEREWITH RETURNED, AND YOU ARE INFORMED THAT YOU ARE NOT AUTHORIZED TO PAY IT. ..END :