B-22712, FEBRUARY 26, 1942, 21 COMP. GEN. 809

B-22712, FEBRUARY 26, 1942, 21 COMP. GEN. 809

PAY - RETIRED ARMY ENLISTED MEN - COMPUTATION UNDER ACT, JUNE 30, 1941 UNDER SECTION 3 OF THE ACT OF JUNE 30, 1941, REQUIRING THE RETIRED PAY OF ARMY ENLISTED MEN WHO ARE RETIRED UNDER SECTION 2 OF SAID ACT FOR DISABILITY AFTER 20 YEARS' SERVICE TO BE COMPUTED ON THE BASIS OF THE AVERAGE PAY RECEIVED FOR 6 MONTHS PRIOR TO RETIREMENT, THERE SHOULD BE INCLUDED IN DETERMINING SUCH AVERAGE PAY ANY PAY RECEIVED AS A SPECIALIST DURING SAID 6-MONTH PERIOD EVEN THOUGH A SPECIALIST'S RATING BE NOT HELD AT THE TIME OF RETIREMENT. UNDER SECTION 3 OF THE ACT OF JUNE 30, 1941, REQUIRING THE RETIRED PAY OF ARMY ENLISTED MEN WHO ARE RETIRED UNDER SECTION 2 OF SAID ACT FOR DISABILITY AFTER 20 YEARS' SERVICE TO BE COMPUTED ON THE BASIS OF THE AVERAGE PAY RECEIVED FOR 6 MONTHS PRIOR TO RETIREMENT, THE RETIRED PAY OF AN ENLISTED MAN WHO HAS HAD A BREAK IN SERVICE DURING THE 6 MONTHS IMMEDIATELY PRECEDING RETIREMENT AND WHO WAS ABLE-BODIED ON HIS LAST ENLISTMENT SHOULD BE COMPUTED ON THE BASIS OF THE AVERAGE PAY FOR HIS LAST 6 MONTHS OF ACTUAL SERVICE, AND NOT THE 6 CALENDAR MONTHS IMMEDIATELY PRIOR TO RETIREMENT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. M. DIXON, UNITED STATES ARMY, FEBRUARY 26, 942:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 9, 1941, AS FOLLOWS:

ATTACHED IS A VOUCHER COVERING DIFFERENCE IN RETIRED PAY TO ENLISTED MEN RETIRED FOR DISABILITY AFTER TWENTY YEARS' SERVICE, WHICH IS BEFORE THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

THE ACT OF CONGRESS APPROVED JUNE 30, 1941 ( PUB. LAW 140, 77TH CONG.) PROVIDES THAT WHEN AN ENLISTED MAN IS PLACED ON THE RETIRED LIST PURSUANT THERETO,"HE SHALL RECEIVE 75 PERCENTUM OF THE AVERAGE PAY HE WAS RECEIVING FOR SIX MONTHS PRIOR TO HIS RETIREMENT, PLUS A MONEY ALLOWANCE OF $9.50 PER MONTH IN LIEU OF RATIONS AND CLOTHING, AND $6.25 PER MONTH IN LIEU OF QUARTERS, FUEL AND LIGHT.'

PRIVATE WILLIAM H. GOODHART, SERIAL NO. R-150,252, SERVED AS PRIVATE FIRST CLASS, SPECIALIST SIXTH CLASS, FOR THE PERIOD FEBRUARY 1 JULY 15, 1941, AND AS PRIVATE FROM JULY 16- SEPTEMBER 30, 1941. HE HAS BEEN PAID AS PRIVATE (GRADE 7) WITH OVER TWENTY YEARS' SERVICE FOR THE PERIOD OCTOBER 1- NOVEMBER 30, 1941, IN THE AMOUNT $43.87 PER MONTH. PAYMENT WAS MADE ON VOUCHERS NO. 29871 AND 50333, RESPECTIVELY, NOVEMBER 1941 ACCOUNTS OF THE UNDERSIGNED.

PRIVATE HERBERT LAKE, SERIAL NO. R-351,745, SERVED AS A SERGEANT FROM FEBRUARY 10- JUNE 22, 1941, AND AS PRIVATE FROM JUNE 23- SEPTEMBER 30, 1941. HE HAS BEEN PAID AS PRIVATE (GRADE 7) WITH OVER TWENTY YEARS' SERVICE FOR THE PERIOD OCTOBER 1- NOVEMBER 30, 1941, IN THE AMOUNT OF $43.87 PER MONTH. PAYMENT WAS MADE ON VOUCHERS NO. 29871 AND 50333, RESPECTIVELY, NOVEMBER 1941 ACCOUNTS OF THE UNDERSIGNED.

TECHNICAL SERGEANT LEONARD BRISTOW, SERIAL NO. R-325,993, SERVED AS STAFF SERGEANT FROM OCTOBER 1, 1940- APRIL 9, 1941, AND AS TECHNICAL SERGEANT FROM APRIL 10- SEPTEMBER 30, 1941. HE HAS BEEN PAID AS STAFF SERGEANT (GRADE 3) WITH OVER TWENTY YEARS' SERVICE, FOR THE PERIOD OCTOBER 1- NOVEMBER 30, 1941, IN THE AMOUNT OF $83.25 PER MONTH. PAYMENT WAS MADE ON VOUCHERS NO. 29871 AND 50333, NOVEMBER 1941 ACCOUNTS OF THE UNDERSIGNED.

PRIVATE FIRST CLASS, SPECIALIST SECOND CLASS, JOHN F. REEVE, SERIAL NO. R -129,943, SERVED AS PRIVATE FIRST CLASS, SPECIALIST FOURTH CLASS, FROM MARCH 3, 1941- MAY 30, 1941, AS PRIVATE FIRST CLASS, SPECIALIST SECOND CLASS FROM JUNE 1 - SEPTEMBER 30, 1941. HE HAS BEEN PAID AS PRIVATE FIRST CLASS, SPECIALIST FOURTH CLASS (GRADE 6) WITH OVER TWENTY YEARS' SERVICE, FOR THE PERIOD OCTOBER 1- NOVEMBER 30, 1941, IN THE AMOUNT OF $63.56 PER MONTH. PAYMENT WAS MADE ON VOUCHER NO. 9125, DECEMBER 1941 ACCOUNTS OF THE UNDERSIGNED.

PRIVATE FIRST CLASS, SPECIALIST SIXTH CLASS, WILLIAM GILLILAND, SERIAL NO. R-585,496, SERVED AS PRIVATE FIRST CLASS, SPECIALIST FOURTH CLASS, FROM SEPTEMBER 3, 1941- NOVEMBER 26, 1940; AS PRIVATE (GRADE 7) FROM NOVEMBER 27, 1940- DECEMBER 24, 1940. AS INDICATED BY THE ATTACHED COPY OF LETTER FROM THE ADJUTANT GENERAL UNDER DATE DECEMBER 3, 1941, HE WAS OUT OF THE SERVICE FROM DECEMBER 25, 1940- MAY 2, 1941. FROM MAY 3, 1941- MAY 19, 1941, HE SERVED AS PRIVATE (GRADE 7) AND FROM MAY 20, 1941- SEPTEMBER 30, 1941, AS PRIVATE FIRST CLASS, SPECIALIST SIXTH CLASS. HAS BEEN PAID AS PRIVATE (GRADE 7) WITH OVER TWENTY YEARS' SERVICE, FOR THE PERIOD OCTOBER 1- NOVEMBER 30, 1941, IN THE AMOUNT OF $43.87 PER MONTH. PAYMENT WAS MADE ON VOUCHER NO. 10898, DECEMBER 1941 ACCOUNTS OF THE UNDERSIGNED.

AS THE UNDERSIGNED IS IN DOUBT AS TO THE PROPER METHOD OF COMPUTATION OF RETIRED PAY UNDER THE ABOVE-MENTIONED ACT OF CONGRESS YOUR DECISION IN THE CASES SET FORTH IS RESPECTFULLY REQUESTED.

S. 239, SEVENTY-SEVENTH CONGRESS ( H.R. 2277), APPEARS TO HAVE BEEN INTRODUCED AT THE REQUEST OF THE WAR DEPARTMENT AND ORIGINALLY PROVIDED IN SECTION 3 THAT ENLISTED MEN RETIRED UNDER THE PROVISIONS OF SECTION 2 SHALL RECEIVE 75 PERCENTUM OF THE PAY THEY WERE RECEIVING IMMEDIATELY PRIOR TO RETIREMENT. SECTION 3 WAS AMENDED BY THE HOUSE COMMITTEE ON MILITARY AFFAIRS IN ORDER TO PREVENT AN INCREASE IN THE RANK OF MEN WITH ATTENDANT INCREASE IN PAY IMMEDIATELY PRECEDING THEIR RETIREMENT. AMENDED THE BILL WAS ENACTED INTO LAW AS PUBLIC NO. 140, APPROVED JUNE 30, 1941, 55 STAT. 394, SECTIONS 2, 3, 5, AND 6 THEREOF BEING AS FOLLOWS:

SEC. 2. AN ENLISTED MAN OF THE REGULAR ARMY OR OF THE PHILIPPINE SCOUTS WHO HAS SERVED TWENTY YEARS OR MORE IN THE MILITARY FORCES OF THE UNITED STATES AND WHO HAS BECOME PERMANENTLY INCAPACITATED FOR ACTIVE SERVICE DUE TO PHYSICAL DISABILITY INCURRED IN LINE OF DUTY SHALL BE PLACED ON THE RETIRED LIST.

SEC. 3. WHEN AN ENLISTED MAN IS PLACED ON THE RETIRED LIST PURSUANT TO THE PROVISIONS OF THE NEXT PRECEDING SECTION HE SHALL RECEIVE 75 PERCENTUM OF THE AVERAGE PAY HE WAS RECEIVING FOR SIX MONTHS PRIOR TO HIS RETIREMENT PLUS A MONEY ALLOWANCE OF $9.50 PER MONTH IN LIEU OF RATIONS AND CLOTHING AND $6.25 PER MONTH IN LIEU OF QUARTERS, FUEL AND LIGHT: PROVIDED, THAT THE MONEY ALLOWANCES OF ENLISTED MEN OF THE PHILIPPINE SCOUTS PLACED ON THE RETIRED LIST UNDER THIS ACT SHALL BE THE SAME AS THOSE HERETOFORE OR FROM TIME TO TIME HEREAFTER PRESCRIBED BY THE SECRETARY OF WAR UNDER EXISTING LAW FOR ENLISTED MEN OF THAT ORGANIZATION RETIRED AFTER THIRTY YEARS OF SERVICE.

SEC. 5. ALL PERIODS OF SERVICE WHICH ARE NOW COUNTED UNDER PROVISIONS OF EXISTING LAW IN COMPUTING THE TIME NECESSARY TO ENABLE AN ENLISTED MAN TO RETIRE UPON COMPLETION OF THIRTY YEARS OF SERVICE SHALL BE CREDITED IN THE COMPUTATION OF THE TWENTY YEARS OF SERVICE NECESSARY TO CONFER ELIGIBILITY FOR RETIREMENT HEREUNDER.

SEC. 6. THE ADMINISTRATION OF THIS ACT SHALL BE UNDER SUCH REGULATIONS AS THE SECRETARY OF WAR SHALL PRESCRIBE.

THE DIFFERENCE IN RETIRED PAY SHOWN ON THE SUPPLEMENTAL VOUCHER IN FAVOR OF THE MEN REFERRED TO APPEARS TO HAVE BEEN COMPUTED ON THEIR AVERAGE PAY PLUS PAY FOR SPECIALIST RATINGS AND LONGEVITY THEREON FOR ENLISTED MEN OF THE ARMY WITH OVER 20 YEARS' SERVICE, AS PROVIDED IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895. PRIOR TO THE EFFECTIVE DATE OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 885, ET SEQ., ADDITIONAL PAY ATTACHING TO SPECIALIST RATINGS GRANTED TO ENLISTED MEN OF THE ARMY WAS NOT AUTHORIZED TO BE INCLUDED IN COMPUTING RETIRED PAY. SEE 27 COMP. DEC. 207.

SECTION 12 OF THE ACT OF SEPTEMBER 16, 1940, 54 STAT. 895, PROVIDES:

SEC. 12. (A) THE MONTHLY BASE PAY OF ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL BE AS FOLLOWS: ENLISTED MEN OF THE FIRST GRADE, $126; ENLISTED MEN OF THE SECOND GRADE, $84; ENLISTED MEN OF THE THIRD GRADE, $72; ENLISTED MEN OF THE FOURTH GRADE, $60; ENLISTED MEN OF THE FIFTH GRADE, $54; ENLISTED MEN OF THE SIXTH GRADE, $36; ENLISTED MEN OF THE SEVENTH GRADE, $30; EXCEPT THAT THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD AND OF ENLISTED MEN OF THE SEVENTH GRADE WHOSE INEFFICIENCY OR OTHER UNFITNESS HAS BEEN DETERMINED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, AND THE SECRETARY OF THE NAVY, RESPECTIVELY, SHALL BE $21. THE PAY FOR SPECIALISTS' RATINGS, WHICH SHALL BE IN ADDITION TO MONTHLY BASE PAY, SHALL BE AS FOLLOWS: FIRST CLASS, $30; SECOND CLASS, $25; THIRD CLASS, $20; FOURTH CLASS, $15; FIFTH CLASS, $6, SIXTH CLASS, $3. ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM OF THEIR BASE PAY AND PAY FOR SPECIALISTS' RATINGS UPON COMPLETION OF THE FIRST FOUR YEARS OF SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM OF SUCH BASE PAY AND PAY FOR SPECIALISTS' RATINGS FOR EACH FOUR YEARS OF SERVICE THEREAFTER, BUT THE TOTAL OF SUCH INCREASES SHALL NOT EXCEED 25 PERCENTUM. ENLISTED MEN OF THE NAVY SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MEN IN SIMILAR GRADES IN THE ARMY AND MARINE CORPS.

(B) THE PAY FOR SPECIALISTS' RATING RECEIVED BY AN ENLISTED MAN OF THE ARMY OR THE MARINE CORPS AT THE TIME OF HIS RETIREMENT SHALL BE INCLUDED IN THE COMPUTATION OF HIS RETIRED PAY.

(F) THE PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE ON AND AFTER OCTOBER 1, 1940. THEREAFTER ALL LAWS AND PARTS OF LAWS INSOFAR AS THE SAME ARE INCONSISTENT HEREWITH OR IN CONFLICT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED.

WHILE GOODHART DID NOT HOLD A SPECIALISTS' RATING AT THE TIME OF HIS RETIREMENT, IT IS STATED THAT HE HELD SUCH A RATING ON THE ACTIVE LIST FOR A PORTION OF THE 6 MONTHS' SERVICE PRECEDING HIS RETIREMENT AND THE PAY RECEIVED AS A SPECIALIST IS NECESSARILY INCLUDED IN ORDER TO COMPUTE HIS AVERAGE PAY FOR THE PURPOSE OF ARRIVING AT HIS CORRECT RETIREMENT PAY AND ALLOWANCE UNDER THE ACT OF JUNE 30, 1941. THIS APPEARS TO BE EQUALLY NECESSARY WHERE A CHANGE IN GRADE AFFECTING PAY OCCURS DURING THE 6-MONTH PERIOD. AS THE MAN MUST HAVE COMPLETED 20 YEARS' SERVICE TO BE RETIRED UNDER THIS STATUTE, PRIMA FACIE HE WOULD BE ENTITLED TO THE MAXIMUM LONGEVITY BENEFITS AND IF THE MEN MENTIONED IN YOUR LETTER HELD SPECIALISTS' RATINGS DURING THE PERIODS SHOWN AND WERE PAID RETIRED PAY AND ALLOWANCES AS INDICATED BY YOU THEIR RETIRED PAY SHOULD BE RECOMPUTED, RESPECTIVELY, AS FOLLOWS:

CHART

WILLIAM H. GOODHART ACTIVE DUTY PAY AS PRIVATE, FIRST CLASS, SPECIALIST SIXTH

CLASS, APRIL 1 TO JULY 15, 1941, THREE MONTHS, 15 DAYS

AT $48.75 PER MONTH ------------------------------------------ $170.625 ACTIVE DUTY PAY AS PRIVATE, JULY 16 TO SEPTEMBER 30, 1941,

TWO MONTHS AND 15 DAYS AT $37.50 PER MONTH ------------------- 93.75

TOTAL PAY FOR SIX MONTHS -------------------------------- 264.375 AVERAGE MONTHLY PAY ------------------------------------------ 44.06

--------- RETIRED PAY WOULD EQUAL 3/4 OF $44.06 OR --------- ------------ 33.04 PLUS RETIRED ALLOWANCES ------------------------- ------------- 15.75

RETIRED PAY AND ALLOWANCES COMPUTED ON AVERAGE PAY FOR

SIX MONTHS ----------------------------------------------- 48.79MONTHLY RETIRED PAY AND ALLOWANCES PAID CURRENTLY ------------- 43.87

MONTHLY DIFFERENCE DUE THE ENLISTED MAN ----------------- 4.92

HERBERT LAKE ACTIVE DUTY PAY AS SERGEANT FROM APRIL 1 TO JUNE 22, 1941,

TWO MONTHS AND 22 DAYS AT $75 PER MONTH ---------------------- 205.00 ACTIVE DUTY PAY AS PRIVATE FROM JUNE 23 TO SEPTEMBER 30,

1941, THREE MONTHS AND 8 DAYS AT $37.50 PER MONTH ------------ 122.50

TOTAL PAY FOR SIX MONTHS -------------------------------- 327.50 AVERAGE MONTHLY PAY ------------------------------------------- 54.58

--------- RETIRED PAY WOULD EQUAL 3/4 OF $54.58 OR ------------ --------- 40.94 PLUS RETIRED ALLOWANCES ---------------------------- ---------- 15.75

RETIRED PAY AND ALLOWANCES COMPUTED ON AVERAGE PAY FOR

SIX MONTHS ----------------------------------------------- 56.69 MONTHLY RETIRED PAY AND ALLOWANCES PAID CURRENTLY ------------ 43.87

MONTHLY DIFFERENCE DUE THE ENLISTED MAN ----------------- 12.82

LEONARD BRISTOW ACTIVE DUTY PAY AS STAFF SERGEANT FROM APRIL 1 TO APRIL 9,

1941, NINE DAYS AT $90 PER MONTH ----------------------------- 27.00 ACTIVE DUTY PAY AS TECHNICAL SERGEANT FROM APRIL 10 TO

SEPTEMBER 30, 1941, FIVE MONTHS AND 21 DAYS AT $105 PER

MONTH -------------------------------------------------------- 598.50

TOTAL PAY FOR SIX MONTHS -------------------------------- 625.50 AVERAGE MONTHLY PAY ------------------------------------------- 104.25

--------- RETIRED PAY WOULD EQUAL 3/4 OF $104.25 OR ----------------- --- 78.19 PLUS RETIRED ALLOWANCES ---------------------------------- ---- 15.75 ---------

RETIRED PAY AND ALLOWANCES COMPUTED ON AVERAGE PAY FOR

SIX MONTHS ----------------------------------------------- 93.94 MONTHLY RETIRED PAY AND ALLOWANCES PAID CURRENTLY ------------- 83.25

MONTHLY DIFFERENCE DUE THE ENLISTED MAN ----------------- 10.69

JOHN F. REEVE ACTIVE DUTY PAY AS PRIVATE, FIRST CLASS, SPECIALIST FOURTH

CLASS, FROM APRIL 1 TO MAY 31, 1941, TWO MONTHS AT

$63.75 PER MONTH -------------------------------------------- $127.50 ACTIVE DUTY PAY AS PRIVATE, FIRST CLASS, SPECIALIST SECOND

CLASS, FROM JUNE 1 TO SEPTEMBER 30, 1941, FOUR MONTHS AT

$76.25 PER MONTH -------------------------------------------- 305.00

TOTAL PAY FOR SIX MONTHS ------------------------------- 432.50 AVERAGE MONTHLY PAY ------------------------------------------ 72.08

--------- RETIRED PAY WOULD EQUAL 3/4 OF $72.08 OR -------------------- 54.06 PLUS RETIRED ALLOWANCES ---------------- --------------------- 15.75

RETIRED PAY AND ALLOWANCES COMPUTED ON AVERAGE PAY FOR

SIX MONTHS ---------------------------------------------- 69.81 MONTHLY RETIRED PAY AND ALLOWANCES PAID CURRENTLY ------------ 63.56

MONTHLY DIFFERENCE DUE THE ENLISTED MAN ----------------- 6.25

WILLIAM GILLILAND ACTIVE DUTY PAY AS PRIVATE, FIRST CLASS, SPECIALIST FOURTH

CLASS, FROM NOVEMBER 23 TO NOVEMBER 26, 1940, FOUR DAYS

AT $63.75 PER MONTH ----------------------------------------- 8.50 ACTIVE DUTY PAY AS PRIVATE FROM NOVEMBER 27 TO DECEMBER 24,

1940, 28 DAYS AT $37.50 PER MONTH --------------------------- 35.00 ACTIVE DUTY PAY AS PRIVATE FROM MAY 3 TO MAY 19, 1941, 17

DAYS AT $37.50 PER MONTH ------------------------------------ 21.25 ACTIVE DUTY PAY AS PRIVATE, FIRST CLASS, SPECIALIST SIXTH

CLASS, MAY 20 TO SEPTEMBER 30, 1941, FOUR MONTHS AND 11 DAYS AT $48.75 PER MONTH ------------------------------------------ 212.87

TOTAL PAY FOR SIX MONTHS ------------------------------- 277.62 AVERAGE MONTHLY PAY ------------------------------------------ 46.27

--------- RETIRED PAY WOULD EQUAL 3/4 OF $46.27 OR --------------------- 34.70 PLUS RETIRED ALLOWANCES -------------------------------------- 15.75

RETIRED PAY AND ALLOWANCES COMPUTED ON AVERAGE PAY FOR

SIX MONTHS ---------------------------------------------- 50.45 MONTHLY RETIRED PAY AND ALLOWANCES PAID CURRENTLY ------------ 43.87

MONTHLY DIFFERENCE DUE ENLISTED MAN -------------------- 6.58

THE AMOUNTS SHOWN ABOVE AS THE DIFFERENCES DUE THE FIVE RETIRED ENLISTED MEN COINCIDE WITH THE AMOUNTS SHOWN ON THE SUPPLEMENTAL VOUCHER TO HAVE BEEN SHORT CREDITED EACH MONTH. IN THE CASE OF GILLILAND ON THE ASSUMPTION THE MAN WAS ABLE-BODIED ON HIS ENLISTMENT MAY 3, 1941, THE STATUTE IN SUCH A CASE REASONABLY CONTEMPLATED COMPUTATION BASED UPON HIS ACTIVE SERVICE PAY IN THE ARMY FOR 6 MONTHS PRIOR TO HIS RETIREMENT, AND NOT THE 6 CALENDAR MONTHS IMMEDIATELY PRECEDING HIS RETIREMENT, WHICH WOULD, IN THIS CASE, EXCLUDE ANY PAY FOR 1 MONTH AND 2 DAYS, THUS REDUCING THE AVERAGE. YOU ARE AUTHORIZED TO PAY THE VOUCHER WHICH IS RETURNED HEREWITH.