B-28710, OCTOBER 9, 1942, 22 COMP. GEN. 335

B-28710, OCTOBER 9, 1942, 22 COMP. GEN. 335

PAY - ADDITIONAL - AIDES A MAJOR GENERAL OF THE REGULAR ARMY HOLDING THE TEMPORARY RANK OF LIEUTENANT GENERAL UNDER THE PROVISIONS OF SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED, IS, WHILE HOLDING SUCH TEMPORARY RANK, ENTITLED TO THE THREE AIDES AUTHORIZED FOR A MAJOR GENERAL BY SECTION 1098, REVISED STATUTES, SO THAT A LIEUTENANT OF THE ARMY ASSIGNED TO DUTY AS AN AIDE TO SUCH LIEUTENANT GENERAL IS ENTITLED TO THE ADDITIONAL PAY PROVIDED FOR AIDES BY SECTION 1261, REVISED STATUTES, AS AMENDED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO LT. COL. CARL WITCHER, U.S. ARMY, OCTOBER 9, 1942:

THERE HAS BEEN RECEIVED BY ENDORSEMENT OF SEPTEMBER 3, 1942, YOUR LETTER OF AUGUST 19, 1942, AS FOLLOWS:

1. ATTACHED HERETO IS A VOUCHER IN FAVOR OF ST LT. WILLIAM W. NARAMORE, JR., M.I. - RES., IN THE AMOUNT OF $1.11 COVERING ADDITIONAL PAY FOR AIDE- DE-CAMP TO LT. GENERAL LESLEY J. MCNAIR, U.S. ARMY FOR THE PERIOD JULY 29 TO JULY 31, 1942 WHICH HAS BEEN PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

2. THE RECORDS OF THIS OFFICE SHOW THAT ST LT. WILLIAM W. NARAMORE REPORTED FOR DUTY ON JULY 29, 1942 AS AIDE TO LT. GENERAL LESLEY J. MCNAIR BY PAR. 5, S.O. 113, HDQTRS. A.G.F., WASHINGTON, D.C. 7/29/42.

3. THE UNDERSIGNED IS IN DOUBT AS TO WHETHER OR NOT AN AIDE TO A LT. GENERAL IS ENTITLED TO THE ADDITIONAL PAY AND YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE PAYMENT OF THE VOUCHER IS AUTHORIZED.

PARAGRAPH 5, SPECIAL ORDERS NO. 113, HEADQUARTERS ARMY GROUND FORCES, WASHINGTON, D.C., JULY 29, 1942, PROVIDES AS FOLLOWS:

5. ST LT. WILLIAM W. NARAMORE, JR. 10345529 MI, IS HELD FR ASGMT AND DUTY WITH GROUND G-2 SECTION, AND IS ANNOUNCED AS AIDE-DE-CAMP TO LT. GEN. LESLEY J. MCNAIR 101891 USA.

SECTION 1098, REVISED STATUTES, PROVIDES:

EACH MAJOR GENERAL SHALL HAVE THREE AIDS, WHO MAY BE SELECTED BY HIM FROM CAPTAINS OR LIEUTENANTS OF THE ARMY, AND EACH BRIGADIER-GENERAL SHALL HAVE TWO AIDS, WHO MAY BE SELECTED BY HIM FROM LIEUTENANTS OF THE ARMY.

SECTION 1261, REVISED STATUTES, AS AMENDED BY THE ACT OF MAY 11, 1908, 35 STAT. 108, AS CODIFIED 10 U.S.C. 692, PROVIDES:

AIDES SHALL RECEIVE PAY IN ADDITION TO THE PAY OF THEIR RANK, AS FOLLOWS: AIDE TO MAJOR GENERAL, $200 A YEAR; AND AIDE TO BRIGADIER GENERAL, $150 A YEAR.

SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED BY SECTION 20, ACT OF JUNE 15, 1933, 48 STAT. 161, AND BY SECTION 101, ACT OF SEPTEMBER 9, 1940, 54 STAT. 875, PROVIDES AS FOLLOWS:

IN TIME OF WAR OR NATIONAL EMERGENCY DETERMINED BY THE PRESIDENT, ANY OFFICER OF THE REGULAR ARMY MAY BE APPOINTED TO HIGHER TEMPORARY GRADE WITHOUT VACATING HIS PERMANENT APPOINTMENT. IN TIME OF WAR ANY OFFICER OF THE REGULAR ARMY APPOINTED TO HIGHER TEMPORARY GRADE, AND ALL OTHER PERSONS APPOINTED, AS OFFICERS, SHALL BE APPOINTED AND COMMISSIONED IN THE ARMY OF THE UNITED STATES. SUCH APPOINTMENTS IN GRADES BELOW THAT OF BRIGADIER GENERAL SHALL BE MADE BY THE PRESIDENT ALONE, AND GENERAL OFFICERS BY AND WITH THE ADVICE AND CONSENT OF THE SENATE: PROVIDED, THAT AN APPOINTMENT, OTHER THAN THAT OF A MEMBER OF THE REGULAR ARMY MADE IN TIME OF WAR, SHALL CONTINUE UNTIL SIX MONTHS AFTER ITS TERMINATION, AND AN OFFICER APPOINTED IN TIME OF WAR SHALL BE ENTITLED TO BE RELIEVED FROM ACTIVE FEDERAL SERVICE WITHIN SIX MONTHS AFTER ITS TERMINATION IF HE MAKES APPLICATION THEREFOR.

PARAGRAPH 2, SPECIAL ORDERS NO. 143, WAR DEPARTMENT, JUNE 20, 1941, PROVIDES:

ANNOUNCEMENT IS MADE OF THE TEMPORARY APPOINTMENT ON 20, JUNE, 1941, OF MAJOR GENERAL LESLEY J. MCNAIR (0-1891), UNITED STATES ARMY,TO THE GRADE OF LIEUTENANT GENERAL, ARMY OF THE UNITED STATES, WITH RANK FROM 9 JUNE, 1941, UNDER THE PROVISIONS OF SECTION 127A, NATIONAL DEFENSE ACT, AS AMENDED BY AN ACT OF CONGRESS APPROVED 9 SEPTEMBER, 1940.

ACCORDING TO THE PROVISIONS OF SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED, AN OFFICER OF THE REGULAR ARMY HOLDS THE HIGHER TEMPORARY GRADE TO WHICH APPOINTED IN TIME OF WAR WITHOUT VACATING HIS PERMANENT APPOINTMENT, TO WHICH HE REVERTS UPON RELINQUISHING THE HIGHER RANK. SPECIAL ORDERS NO. 143 QUOTED ABOVE, SHOWS THAT MAJOR GENERAL LESLEY J. MCNAIR WAS TEMPORARILY APPOINTED A LIEUTENANT GENERAL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 127A OF THE NATIONAL DEFENSE ACT, AS AMENDED. THE LAW PROVIDES FOR AIDES-DE-CAMP TO A MAJOR GENERAL AND STATES THAT THEY SHALL RECEIVE IN ADDITION TO THE PAY OF THEIR RANK THE SUM OF $200 A YEAR. IT IS PROVIDED UNDER SECTION 241, TITLE 34, U.S.C. THAT VICE ADMIRALS OF THE NAVY SHALL RANK WITH LIEUTENANT GENERALS OF THE ARMY. WAS HELD IN DECISION, OF THIS OFFICE OF AUGUST 26, 1930, A-33026, AS FOLLOWS:

* * * VICE-ADMIRAL LEIGH, HOWEVER, HOLDS THE RANK OF VICE-ADMIRAL MERELY BY VIRTUE OF HIS DESIGNATION TO THE COMMAND OF A DIVISION OF THE BATTLE FLEET IN ACCORDANCE WITH SECTION 18, ACT MAY 22, 1917, 40 STAT. 89 (ENTITLED TO PAY AND ALLOWANCES OF REAR/ADMIRAL, UPPER HALF, AND TO MONEY ALLOWANCE OF $500 PER ANNUM WHILE SO SERVING IN THE HIGHER GRADE OF VICE- ADMIRAL. SECTION 8, ACT JUNE 10, 1922, 42 STAT. 629) AND UNDER THOSE CIRCUMSTANCES, NOTWITHSTANDING HE TEMPORARILY HOLDS THE RANK OF VICE- ADMIRAL, IN VIEW OF HIS "REGULAR RANK" OF REAR/ADMIRAL, LOWER HALF, ADDITIONAL PAY IS AUTHORIZED AT $150 PER ANNUM TO NOT TO EXCEED TWO OFFICERS (THE NUMBER ALLOWED TO A BRIGADIER GENERAL OF THE ARMY) OF 1HDR XXXXX00001-003 AFLITEDATA69160-000 THE RANK OF LIEUTENANT OR LIEUTENANT (JUNIOR GRADE) REGULARLY ASSIGNED TO DUTY AS AIDES ON HIS PERSONAL STAFF PROVIDED ALL THE OTHER REQUISITE CONDITIONS ARE MET. * * *

IN VIEW OF THE CIRCUMSTANCES IN THIS CASE, NOTWITHSTANDING LIEUTENANT GENERAL MCNAIR TEMPORARILY HOLDS RANK AS SUCH, IN VIEW OF HIS REGULAR RANK OF MAJOR GENERAL, ADDITIONAL PAY IS AUTHORIZED AT $200 PER YEAR TO THE OFFICER REGULARLY ASSIGNED TO DUTY AS AIDE ON HIS PERSONAL STAFF. ACCORDINGLY, YOU ARE AUTHORIZED TO PAY THE VOUCHER, WHICH IS RETURNED HEREWITH, IF OTHERWISE CORRECT.