(B-17406) PAY-FIRST FOUR MONTHS OF INITIAL ENLISTMENT; SERVICE CREDITS FOR LONGEVITY INCREASES The base pay of an Army enlisted man whose only prior service is enlisted service in the Navy is limited by section 12 (a) of the Selective Training and Service Act of 1940 to $21 per month during the first 4 months of his Army enlistment. While under section 9 of the act of June 10, 1922, enlisted men of the Army and the Marine Corps could count prior service in the Navy, Coast Guard, etc., for longevity pay purposes, section 12 (a) of the Selective Training and Service Act of 1940 now limits the service which may be counted for that purpose to prior service in the Army or Marine Corps, and, therefore. service in a prior enlistment in the Navy may no longer be included in computing the longevity pay of Army enlisted men. Assistant Comptroller General Elliott to Maj. Louis Weiss, U. S. Army, October 3, 1941: There has been considered your request for decision as to whether you are authorized to make payment on a voucher transmitted therewith in the amount of $21.12 in favor of Terence V. Finn, private, finance section, C. A. S. C. Unit No. 1928, Selective Service, Serial No. 39153174, covering the difference in base pay between $21 per month plus longevity and $30 per month plus longevity for the period February 27, 1941, to April 30, 1941. While it is not definitely stated, it appears from the notations on the voucher that Finn was inducted into the military service on February 27, 1941. It is shown that he had previous service in the United States Navy, having served from August 15, 1927, to August 14, 1931, inclusive, a total of 4 years. The question presented is whether, under the provisions of section 12 (a) of the act of September 16, 1940, 54 Stat. 895, Finn should be considered in his first enlistment with less than 4 months' service and receive base pay at the rate of $21 per month or whether his service in the Navy may be considered in computing his pay, thereby authorizing base pay at the rate of $30 per month. Section 12 (a) of the act of September 16, 1940, supra, provides as follows: 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 per centum of their base pay and pay for specialists' ratings upon completion of the first four years of service, and an additional increase of 5 per centum 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 per centum. In decision dated May 2, 1941, B-15892, 20 Comp. Gen. 725, it was held that an enlisted man serving in his first enlistment in the Army who has had prior service in the Marine Corps may count such Marine Corps service in computing his pay under the above section. It was stated, also, that the provision in section 12 (a) fixing the $21 per month rate for the first 4 months during the first enlistment period does not exclude prior service which previously had been interchangeable for purposes of continuous service pay. While, according to the express terms of certain enactments, enlisted men of the Army and Marine Corps have been entitled to count prior Navy service for longevity pay purposes (sec. 4 (b) of the Army Reorganization Act of June 4, 1920, 41 Stat. 761; 27 Comp. Dec. 170; sec. 9 of the act of June 10, 1922, 42 Stat. 629) such service was not authorized to be counted for continuous service pay. 12 Comp. Dec. 532. Section 12 (a) establishes the rates of pay of enlisted men of the Army and Marine Corps and there is no indication therein that prior service in the Navy should be considered in the computation thereof. Accordingly, under the provisions of such section, an Army enlisted man whose only prior service is enlisted service in the Navy is serving in his first enlistment period in the Army. Upon the facts submitted Finn's correct base pay is $21 per month and, therefore, you are not authorized to make payment on the voucher, which will be retained in this office. It is noted that the amount of the voucher is $21.12 which appears to be the difference between $21 per month plus 10 percent longevity for 4 years' service and $30 per month plus 10 percent longevity for 4 years' service. Apparently a 10 percent increase in the man's base pay as authorized by section 12 (a) has been computed for his 4 years' enlisted service in the Navy. Increases of pay for length of service have been the subject of legislation for many years and both the service which was authorized to be counted for such purposes and the rate of increase have varied in the several enactments. The act of May 11, 1908, 35 Stat. 109, authorized an increase in pay for reenlistment within 3 months after honorable discharge at the termination of an enlistment period. This provision was a part of the appropriation act for the Army for the fiscal year ending June 30, 1909, and by reason of section 1612, Revised Statutes, the benefits thereof were extended to the Marine Corps. See 26 Comp. Dec. 729. No benefits accrued under this provision to enlisted men of the Navy; however, such Navy personnel were entitled to the so-called citizenship pay giving an increase of pay on reenlistment. See Navy Department General Order No. 34 of 1906, publishing an Executive order of November 27, 1906. See, also, section 10 of the act of May 18, 1920, 41 Stat. 603, and section 7 of the act of June 4, 1920, 41 Stat. 836. Section 4 (b) of the act of June 4, 1920, 41 Stat. 761, provides, in part, as follows: Existing laws providing for continuous service pay are repealed to take effect July 1, 1920, and thereafter enlisted men shall receive an increase of 10 per centum of their base pay for each five years of service in the Army, or service which by existing law is held to be the equivalent of Army service, such increase not to exceed 40 per centum. It is to be noted that under this act the service to be counted in the computation of each 5 years of service was "service in the Army, or service which by existing law is held to be the equivalent of Army service." Under this act an enlisted man of the Army was not entitled to count his prior service in the Coast Guard in computing his longevity increase of pay (1 Comp. Gen. 156), but it was held that service in the Marine Corps and service in the Navy was equivalent to Army service under the act. 27 Comp. Dec. 170. Section 9 of the act of June 10, 1922, 42 Stat. 629, provides in part: Existing laws authorizing continuous-service pay for each five years of service are hereby repealed, effective June 30, 1922. Commencing July 1, 1922, warrant officers of the Army and Marine Corps, including warrant officers of the Army Mine Planter Service and enlisted men of the Army and Marine Corps, shall receive, as a permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of service in any of the services mentioned in the title of this Act not to exceed 25 per centum. The Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service are mentioned in the title to the act of June 10, 1922, referred to in the above section, and, therefore, enlisted men of the Army and Marine Corps were entitled to count prior service in any of the enumerated services in computing service for longevity pay purposes under such section. It is to be noted, also, that in addition to the change in the service which could be counted, this section changed the increase of pay from 10 percent for each 5 years' service not to exceed 40 percent to 5 percent for each 4 years' service not to exceed 25 percent. Section 10 of the same act, 42 Stat. 630, provides in part: In lieu of all permanent additions to pay now authorized for enlisted men of the Navy and Coast Guard, they shall receive, as a permanent addition to their pay, an increase of 10 per centum on the base pay of their rating upon completion of the first four years of enlisted service, and an additional increase of 5 per centum for each four years' service thereafter, the total not to exceed 25 per centum. The language of this section was considered in 2 Comp. Gen. 280, and it is stated therein as follows: While section 9 of the act of June 10, 1922, authorizes for enlisted men of the Army and Marine Corps a percent increase for "service in any of the services mentioned in the title of this act," section 10 limits enlisted men of the Navy and Coast Guard to an increase based on “enlisted service" and places these latter men upon a common basis. By reason of the absence of a definition of what services may be included, as appears for the Army and Marine Corps, there is an apparent intent to limit them to credit for enlisted services upon a common basis. As the act of June 4, 1920, 41 Stat. 835, authorized the counting of service in the Coast Guard and former Revenue Cutter Service by enlisted men of the Navy and longevity pay, and the act of January 28, 1915, 38 Stat., 802, authorized the counting of service in the Navy by enlisted men of the Coast Guard, it would appear that in putting the enlisted men of these two services upon a common basis it was the intent of Congress that each should have the benefit of service in the other. The history of section 12 (a) of the act of September 16, 1940, discloses that its purpose was to remove the disparity between the pay authorized for enlisted men of the Navy and Coast Guard and the pay authorized for the Army and the Marine Corps. The section. authorizes an increase in the base pay for certain enlisted men of the Army and Marine Corps so that they would be on an equal footing with enlisted men in like grades in the Navy and Coast Guard and it contains a provision relating to longevity pay which, with exception to a reference to pay for specialists' ratings, follows the exact language of the provision contained in section 10 of the act of June 10, 1922, supra, authorizing longevity pay for Navy and Coast Guard enlisted men. The language applicable to the Navy and the Coast Guard as interpreted in 2 Comp. Gen. 280, supra, has been the accepted rule for almost 20 years and when the Congress adopted language of identical import it is clear that it was intended such language should receive a like interpretation; and such interpretation is in keeping with the purpose of the act, that is, to give enlisted men of the Army and Marine Corps the same not greater-pay received by enlisted men of the Navy and Coast Guard. It is evident that it was intended to put enlisted men of the Army and Marine Corps on a common basis, a common basis similar to that established in section 10 of the act of June 10, 1922, for the Navy and the Coast Guard. The portion of section 9 of the act of June 10, 1922, which authorizes enlisted personnel of the Army and Marine Corps to count service "in any of the services mentioned in the title of the Act" does not carry over to the present law. Section 12 (a) of the act of September 16, 1940, covers the entire scope of section 9 of the 1922 act insofar as base pay and longevity pay of enlisted men of the Army and Marine Corps are concerned, and must be given an interpretation consistent with the language used. This is made clear by the following: Section 18 (a) The monthly base pay of enlisted men of the first grade, $126; enlisted men of the second grade, $84; enlisted men of the fourth grade, $60; shall be as follows: First class, enlisted men of the Army and Marine for each four years of service in any Section 12 (a)-Continued has been determined under regulations Enlisted men of the Army and the Marine of 10 per centum of their base pay upon completion of the first four Therefore, it is concluded that the enlisted man mentioned in this case is entitled to no longevity increase of pay on account of his prior service in the Navy, the only service for counting being service in the Army or Marine Corps. (B-20487) RENTAL AND SUBSISTENCE ALLOWANCES-DEPENDENT MOTHEREVIDENCE REQUIREMENTS WHERE MOTHER IS MENTALLY INCOMPETENT Where it is asserted that a mother is mentally incompetent to make the affidavit on Standard Form 1037 required in connection with the claim of an officer with a dependent mother for rental and subsistence allowances, that fact must be established either by medical testimony in the form of affidavits or the production of a certified copy of the court record showing a finding of her incompetence; there must be furnished affidavits of others having knowledge of the mother's affairs, showing all the information that would be contained in the mother's affidavit; and the affidavit of the person or certificate of the officer of the institution having care of the mother, showing amount remitted monthly by the officer, and the amount necessary, for her support. Assistant Comptroller General Elliott to Maj. F. G. Fraser, U. S. Army, October 3, 1941: There has been received your request for decision whether you are authorized to pay a voucher transmitted therewith in favor of First Lt. Patrick M. Cmeyla, Med.-Res., United States Army, covering allowances as an officer with dependents (mother) for the period |