B-36755, OCTOBER 2, 1943, 23 COMP. GEN. 250

B-36755, OCTOBER 2, 1943, 23 COMP. GEN. 250

PAY - ADDITIONAL - SEA AND FOREIGN SHORE DUTY - PARACHUTE DUTY IN COMPUTING THE PERCENTUM INCREASE ON BASE PAY AUTHORIZED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942 FOR MEMBERS OF THE MILITARY FORCES ON SEA OR FOREIGN SHORE DUTY, THE ADDITIONAL PAY AUTHORIZED FOR PARACHUTE DUTY BY SECTION 18 OF THE SAID ACT MAY NOT BE INCLUDED.

ASSISTANT COMPTROLLER GENERAL YATES TO CAPT. W. E. MITCHELL, U.S. MARINE CORPS, OCTOBER 2, 1943:

THERE HAS BEEN RECEIVED BY INDORSEMENT DATED AUGUST 28, 1943, YOUR LETTER OF JULY 31, TRANSMITTING A VOUCHER STATED IN FAVOR OF MAJOR GEORGE R. STALLINGS, U.S. MARINE CORPS, AND REQUESTING DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. THE VOUCHER PROPOSES PAYMENT OF THE PERCENTAGE INCREASE IN PAY FOR SEA AND FOREIGN SHORE SERVICE PROVIDED BY SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942, 56 STAT. 360, COMPUTED ON THE ADDITIONAL PAY THE OFFICER RECEIVED AS A PARACHUTIST FOR THE PERIOD JUNE 10, 1942, TO JULY 31, 1943.

SECTION 2 OF THE PAY READJUSTMENT ACT OF 1942, SUPRA, PROVIDES:

THE BASE PAY OF ANY ENLISTED MAN, WARRANT OFFICER, OR NURSE (FEMALE) IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE INCREASED BY 20 PERCENTUM AND THE BASE PAY OF ANY COMMISSIONED OFFICER OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT SHALL BE INCREASED BY 10 PERCENTUM FOR ANY PERIOD OF SERVICE WHILE ON SEA DUTY AS SUCH DUTY MAY BE DEFINED BY THE HEAD OF THE DEPARTMENT CONCERNED, OR DUTY IN ANY PLACE BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES OR IN ALASKA, WHICH INCREASES IN PAY SHALL BE IN ADDITION TO PAY AND ALLOWANCES OTHERWISE AUTHORIZED: PROVIDED, THAT THE PERCENTUM INCREASES HEREIN AUTHORIZED SHALL BE INCLUDED IN COMPUTING INCREASES IN PAY FOR AVIATION AND SUBMARINE DUTY: PROVIDED FURTHER, THAT THIS SECTION SHALL BE EFFECTIVE FROM DECEMBER 7, 1941, AND SHALL CEASE TO BE IN EFFECT TWELVE MONTHS AFTER THE TERMINATION OF THE PRESENT WAR IS PROCLAIMED BY THE PRESIDENT.

AUTHORITY FOR ADDITIONAL PAY FOR PERSONNEL ASSIGNED TO PARACHUTE DUTY IS CONTAINED IN THE LAST PARAGRAPH OF SECTION 18 OF THE SAID PAY READJUSTMENT ACT OF 1942, 56 STAT. 368, 369, WHICH READS:

ANY OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE ARMY, NAVY, MARINE CORPS OR COAST GUARD OF THE UNITED STATES, NOT IN FLYING PAY STATUS, WHO IS ASSIGNED OR ATTACHED AS A MEMBER OF A PARACHUTE UNIT, INCLUDING PARACHUTE-JUMPING SCHOOLS, AND FOR WHOM PARACHUTE JUMPING IS AN ESSENTIAL PART OF HIS MILITARY DUTY AND WHO, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF WAR, THE SECRETARY OF THE NAVY, OR THE SECRETARY OF THE TREASURY, HAS RECEIVED A RATING AS A PARACHUTIST OR IS UNDERGOING TRAINING FOR SUCH A RATING SHALL RECEIVE, WHILE ENGAGED UPON DUTY DESIGNATED BY THE HEAD OF THE DEPARTMENT CONCERNED AS A PARACHUTE DUTY, ADDITIONAL PAY OF THE RATE OF $100 PER MONTH IN THE CASE OF ANY SUCH OFFICER OR WARRANT OFFICER, AND ADDITIONAL PAY AT THE RATE OF $50 PER MONTH IN THE CASE OF ANY SUCH ENLISTED MAN.

IT WILL BE NOTED THAT THE PERCENTAGE INCREASE IN PAY FOR SEA AND FOREIGN SHORE SERVICE IS TO BE COMPUTED ON BASE PAY ONLY. SINCE THE ADDITIONAL PAY PROVIDED FOR PERSONNEL ASSIGNED TO PARACHUTE DUTY DOES NOT FORM A PART OF THEIR BASE PAY, NO INCREASE THEREIN ON ACCOUNT OF SEA OR FOREIGN SHORE SERVICE IS AUTHORIZED. FURTHERMORE, THE SPECIFIC PROVISION FOR INCLUDING THE PERCENTAGE INCREASES IN PAY FOR SEA AND FOREIGN SHORE SERVICE IN COMPUTING AVIATION PAY AND SUBMARINE PAY NEGATIVES ANY IMPLICATION THAT IT WAS INTENDED THAT SUCH PERCENTAGE INCREASES WERE TO BE COMPUTED ON PARACHUTISTS' PAY SINCE, UNDER THE WELL SETTLED RULES OF STATUTORY INTERPRETATION, THE SPECIFIC MENTION OF AVIATION AND SUBMARINE PAY EXCLUDES FROM THE BENEFITS OF SUCH PROVISION OTHER INCREASES IN PAY OF A SIMILAR NATURE. COMPARE DECISION OF APRIL 17, 1942, ANSWER TO THE FIRST QUESTION, 21 COMP. GEN. 932, 934.

ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT ON THE VOUCHER, WHICH IS RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.