B-15047, FEBRUARY 27, 1941, 20 COMP. GEN. 490

B-15047, FEBRUARY 27, 1941, 20 COMP. GEN. 490

PAY - ACTIVE DUTY - NATIONAL GUARD AN ENLISTED MAN OF THE NATIONAL GUARD WHO HELD THE GRADE OF CORPORAL WHEN INDUCTED INTO THE FEDERAL SERVICE WAS NOT SUBJECT TO THE LIMITATION ON THE PAY OF AN ENLISTED MAN WITH LESS THAN 4 MONTHS' SERVICE DURING HIS FIRST ENLISTMENT PERIOD CONTAINED IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, AND EVEN THOUGH HE WAS REDUCED TO THE GRADE OF PRIVATE BEFORE COMPLETION OF 4 MONTHS' SERVICE THE LIMITATION DID NOT BECOME APPLICABLE.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO MAJ. D. R. NIMOCKS, UNITED STATES ARMY, FEBRUARY 27, 1941:

I HAVE YOUR LETTER OF FEBRUARY 1, 1941, TRANSMITTING VOUCHER FOR PAY AND ALLOWANCES OF INDIVIDUAL ENLISTED MEN (WD-FD FORM NO. 337) IN FAVOR OF GARFIELD D. HAY, A. S. 20630564, PRIVATE, FIRST-CLASS, SPECIALIST, THIRD- CLASS, HEADQUARTERS DETACHMENT, THIRTY-SECOND DIVISION, FOR DIFFERENCE IN PAY OF ENLISTED MAN $21 RATE AND PRIVATE ($30 RATE) FROM JANUARY 10 TO JANUARY 20, 1941, INCLUSIVE, AND DIFFERENCE IN PAY OF ENLISTED MAN $21 RATE AND PRIVATE, FIRST-CLASS, FROM JANUARY 21 TO JANUARY 31, 1941, INCLUSIVE. THE VOUCHER BEARS REMARKS AS FOLLOWS:

INDUCTED AS CORP OCT. 15/40. TRFD AS PVT FR HQ CO. 63RD INF BRIG PER PAR 7, SO 10, JAN 10/41, HQ 32ND DIV. APTD PVT CL AND RATED SPECIAL 3 CL O NUMBER 11, JAN 21/41). PD AT $21.00 RATE (PLUS SPECIAL RATING) FOR JAN 10 TO JAN 31/41, INCL, ON REG P/R, THIS ORGANIZATION.

NOTHING IN YOUR LETTER NOR IN THE VOUCHER SHOWS WHAT LENGTH OF SERVICE HAY HAD IN THE NATIONAL GUARD PRIOR TO HIS INDUCTION, PRESUMABLY WITH HIS ORGANIZATION, ON OCTOBER 15, 1940. IF HE HAD A TOTAL OF 4 MONTHS OF SERVICE IN THE NATIONAL GUARD AND IN THE SERVICE OF THE UNITED STATES AT THE TIME OF HIS REDUCTION FROM CORPORAL TO PRIVATE ON JANUARY 10, 1941, NO QUESTION ARISES AS TO HIS RIGHT TO THE $30 RATE OF PAY UPON SUCH REDUCTION NOR TO THE PAY OF PRIVATE, FIRST CLASS, UPON HIS PROMOTION JANUARY 21, 1941. SEE ANSWERS TO QUESTIONS A AND B IN DECISION TO THE SECRETARY OF WAR OCTOBER 28, 1940, 20 COMP. GEN. 218, AT PAGE 222. HOWEVER, SINCE YOU HAVE PRESENTED THE QUESTION, WITHOUT SUBMITTING INFORMATION ON THIS IMPORTANT POINT, IT WILL BE ASSUMED FOR THE PURPOSE OF THIS DECISION THAT HAY HAD NO SERVICE IN THE NATIONAL GUARD PRIOR TO HIS INDUCTION OCTOBER 15, 1940, AND THAT HE HAD NOT COMPLETED 4 MONTHS OF SERVICE INCLUDING SERVICE IN THE NATIONAL GUARD AND IN THE SERVICE OF THE UNITED STATES ON JANUARY 31, 1941, ALTHOUGH FROM OCTOBER 15, 1940, TO JANUARY 10, 1941, THE DATE OF HIS REDUCTION TO PRIVATE, IS A PERIOD OF 2 MONTHS AND 26 DAYS.

IN DECISION TO THE SECRETARY OF WAR, NOVEMBER 7, 1940, 20 COMP. GEN. 251, REVISING SOME OF THE ANSWERS MADE IN DECISION OF OCTOBER 28, 1940, 20 COMP. GEN. 218, IT WAS SAID IN THE REVISED ANSWER TO QUESTION G, AT PAGE 253, THAT:

* * * AS TO ENLISTED MEN OF THE NATIONAL GUARD PROMOTED PRIOR TO INDUCTION, THEY WILL BE ENTITLED TO RECEIVE THE BASE PAY OF THEIR GRADE IN THE NATIONAL GUARD WHEN INDUCTED IRRESPECTIVE OF THE LENGTH OF SERVICE.

IF HAY WAS A CORPORAL WHEN INDUCTED HE WAS ENTITLED TO THE BASE PAY OF THAT GRADE; AND, THEREFORE, WHEN INDUCTED AS A CORPORAL ON OCTOBER 15, 1940, HE WAS NOT SUBJECT TO THE LIMITATION ON THE PAY OF AN ENLISTED MAN WITH LESS THAN 4 MONTHS' SERVICE DURING HIS FIRST ENLISTMENT PERIOD CONTAINED IN SECTION 12 (A) OF THE ACT OF SEPTEMBER 16, 1940, PUBLIC, NO. 783, AND, BEING A CORPORAL AND ENTITLED TO THE BASE PAY OF THAT GRADE WHEN INDUCTED, HIS REDUCTION THEREAFTER TO THE GRADE OF PRIVATE WILL NOT BRING INTO FORCE A LIMITATION ON THE PAY OF AN ENLISTED MAN WITH LESS THAN 4 MONTHS' SERVICE, WHICH DID NOT APPLY TO HIM WHEN INDUCTED. ACCORDINGLY, YOU ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER, RETURNED HEREWITH, IF IT IS OTHERWISE CORRECT.