B-144949, FEB. 23, 1961

B-144949, FEB. 23, 1961

TO MR. JOHN R. ANDERSON, USMC:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 3, 1960 REQUESTING TO BE ADVISED AS TO THE ACTION TAKEN BY OUR OFFICE CONCERNING THE PAYMENT TO YOU OF PROFICIENCY PAY FOR THE PERIOD JULY 1, 1959, THROUGH JANUARY 7, 1960, THE MATTER HAVING BEEN THE SUBJECT OF YOUR LETTER OF JUNE 7, 1960, TO US.

IT APPEARS FROM THE RECORD THAT YOU ENTERED ON ACTIVE DUTY AS AN ENLISTED MEMBER OF THE UNITED STATES MARINE CORPS RESERVE ON JANUARY 8, 1958, AND THAT FOR THE PERIOD JULY 1 TO DECEMBER 31, 1959, WHEN YOU WERE SERVING AS CORPORAL, PAY GRADE E-3, UNITED STATES MARINE CORPS, YOU WERE CREDITED FOR THAT SIX MONTHS' PERIOD WITH PROFICIENCY PAY AT THE RATE OF $30 PER MONTH, OR THE TOTAL AMOUNT OF $180. A NOTICE OF EXCEPTION DATED APRIL 22, 1960, WAS ISSUED BY US TO THE DISBURSING OFFICER CARRYING YOUR PAY ACCOUNT AGAINST THE PAYMENT OF PROFICIENCY PAY ON THE BASIS THAT MEMBERS IN PAY GRADE E-3 ARE NOT ELIGIBLE FOR SUCH PAY UNTIL AFTER THE COMPLETION OF 24 MONTHS' CONTINUOUS ACTIVE DUTY SERVICE. THE DISBURSING OFFICER WAS ALSO ADVISED THAT ANY CREDIT TO YOU FOR SUCH PAY FOR THE PERIOD JANUARY 1, 1960, TO THE DATE OF ELIGIBILITY SHOULD BE COLLECTED AND ACCOUNTING EVIDENCE FURNISHED TO US.

IN THE LETTER OF JUNE 7, 1960, YOU REQUESTED THE REMOVAL OF THE EXCEPTION ON THE BASIS THAT YOU HAD HAD 24 MONTHS' TOTAL MILITARY SERVICE AS REQUIRED BY PARAGRAPHS 3C AND 5C OF THE MARINE CORPS ORDER NUMBER 7220.12A (DATED JUNE 19, 1959), FOR PAYMENT OF PROFICIENCY PAY FOR MEMBERS SERVING IN PAY GRADE E-3. AFTER THE RECEIPT OF YOUR LETTER OF JUNE 7, 1960, THE EXCEPTION WAS INADVERTENTLY REMOVED. HOWEVER, UPON THE RECEIPT OF YOUR LETTER OF NOVEMBER 3, 1960, THE MATTER WAS REVIEWED AND THE EXCEPTION WAS RESTATED AND A NEW NOTICE OF EXCEPTION DATED NOVEMBER 25, 1960, WAS ISSUED TO THE DISBURSING OFFICER CARRYING YOUR PAY ACCOUNT, USING CHANGE 2 DATED MARCH 25, 1960, TO MARINE CORPS ORDER NUMBER 7220.12A, AS A BASIS FOR REVISION. CHANGE 2 DELETED PARAGRAPHS 3C AND 5C AND INSERTED A NEW PARAGRAPH 5C REQUIRING THAT MEMBERS IN PAY GRADE E-3 MUST HAVE 24 MONTHS' CONTINUOUS ACTIVE SERVICE IN ORDER TO BE ELIGIBLE FOR PROFICIENCY PAY.

PAYMENT OF PROFICIENCY PAY TO AN ENLISTED MEMBER OF A UNIFORMED SERVICE IS AUTHORIZED BY SECTION 209 OF THE CAREER COMPENSATION ACT OF 1949, AS ADDED BY THE ACT OF MAY 20, 1958, 72 STAT. 125, WHICH PROVIDES THAT THE SECTION SHALL BE ADMINISTERED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE FOR THE UNIFORMED SERVICES UNDER HIS JURISDICTION. DEPARTMENT OF DEFENSE DIRECTIVE NO. 1340.2, DATED SEPTEMBER 27, 1958, PRESCRIBING THE POLICIES COVERING THE AWARD OF PROFICIENCY PAY TO ENLISTED MEMBERS UNDER SECTION 209 PROVIDES, IN PERTINENT PART, THAT TO BE ELIGIBLE FOR PROFICIENCY PAY AN ENLISTED MAN SERVING IN PAY GRADE E-3 MUST HAVE COMPLETED AT LEAST 24 MONTHS' CONTINUOUS ACTIVE SERVICE. SINCE YOU DID NOT COMPLETE 24 MONTHS' CONTINUOUS ACTIVE DUTY PRIOR TO JANUARY 7, 1960, ANY CREDIT TO YOU OF PROFICIENCY PAY PRIOR TO JANUARY 8, 1960, WAS ERRONEOUS.