money allowance for quarters for dependents authorized by the act of October 17, 1940, 54 Stat. 1205, and the executive regulations issued thereunder, other conditions being met. The allowance would be payable from the date of the man's arrival at his assigned station overseas subsequent to December 20, 1941, provided public quarters were not in fact occupied by his dependents after that date. (B-19904) PAY-ADDITIONAL-OVER 12 MONTHS' SERVICE In determining whether enlisted members of the Naval Reserve, including Fleet Reservists, are entitled to the $10 additional pay authorized by section 8 of the Service Extension Act of 1941 for each month of service in excess of 12, there may not be counted active service as reservists prior to Public Resolution No. 96 of August 27, 1940, nor any enlisted service in the Regular Navy even though in some cases they may have been receiving the additional pay as enlisted men of the Regular Navy prior to becoming members of the Reserve. An enlisted man of the Regular Navy may count prior active service in the Naval Reserve in determining whether he has had 12 months' service within the meaning of section 8 of the Service Extension Act of 1941, authorizing $10 additional pay for each month of service in excess of 12. Assistant Comptroller General Elliott to the Secretary of the Navy, February 6, 1942: There has been considered your letter of January 15, 1942, requesting decision on certain questions presented in a letter of the Bureau of Supplies and Accounts, dated January 10, 1942, as follows: To: The Secretary of the Navy. Subject: $10.00 per month additional pay authorized by Public Law 213 approved August 18, 1941. Reference: (a) Section 8 of Public Law 213, 77th Congress, approved August 18, 1941. (b) Article H-9202, Bureau of Navigation Manual. (c) Decision of the Comptroller General, B-19904, dated October 29, 1941 [21 Comp. Gen. 392]. 1. The Comptroller General in decision of October 29, 1941, held that enlisted men of the Naval Reserve, including members transferred thereto following completion of 16 or 20 years' service in the Navy, when on active duty are entitle? to the $10.00 per month additional pay under the same conditions as enlisted men of the Regular Navy except that active duty performed prior to August 27, 1940 may not be included in determining date of completion of 12 months' net service. 2. Under the authority contained in section 5 of the Naval Reserve Act of 1938 any member of the Naval Reserve, including those on the honorary retired list created by section 309 of that act, or who may have been retired, may be ordered to active duty by the Secretary of the Navy in time of war or when in the opinion of the President a national emergency exists and such men may be required to perform active duty throughout the war or until the national emergency ceases to exist. The President of the United States in Executive Order No. 8245, September 8, 1939, proclaimed a national emergency and stated therein: "The Secretary of the Navy is authorized in his discretion to order to active duty such transferred members of the Fleet Reserve and the Marine Corps Fleet Reserve as he may deem necessary. "The Secretary of the Navy is also authorized to order to active duty such men of the Naval Reserve and Marine Corps Reserve other than transferred members of the Fleet Reserve and the Fleet Marine Corps Reserve including aviation cadets as he may deem necessary and as agree voluntarily to serve." The authority for the general employment of the National Guard and the Army Reserve on active duty was conferred on the President by Public Resolution No. 96 dated August 27, 1940 (54 Stat. 858). 3. The application of the general rule that enlisted men of the Naval Reserve may not count active service performed prior to August 27, 1940, in determining date of completion of 12 months' net service will result in a hardship on members of the Fleet Reserve transferred thereto after 16 or 20 years' service and continued on active duty without interruption of service. This question involves such men transferred both prior and subsequent to August 18, 1941, and in this connection it will be noted that the Comptroller General held in decision of October 29, 1941, that after an enlisted man has become entitled to the $10.00 per month increase he is entitled to continue to receive the increase during the period specified in the statute, so long as other conditions remain the same, without regard to whether his service during such period is performed under more than one enlistment. 4. Since the issuance of administrative instructions relative to the credit of $10 per month additional pay, numerous inquiries have been received relative to the propriety of including active service in a given active service status for the purpose of initial qualification for the additional pay or for the purpose of continuing credits of the additional pay upon change of active service status. The main points raised are whether active service aggregating one year or more rendered in two capacities (Naval Reserve and Regular Navy) may be counted in determining date of completion of 12 months' service or whether the enlisted man is required to qualify anew by rendering service of one year in the particular branch of the service in which enlisted, regardless of the fact that qualifying active service of one year or less may have been rendered in a former enlistment in another branch of the service. It is requested that a decision be obtained from the Comptroller General on the following questions: 1. Whether enlisted men of the Naval Reserve, including members of the Fleet Reserve, may count, in determining date of completion of 12 months' net service, active duty since September 8, 1939, if called to active duty pursuant to Executive Order No. 8245? 2. Whether enlisted men of the Fleet Reserve transferred thereto prior to August 18, 1941, after completion of 16 or 20 years' service, who remained on continuous active duty from date of transfer are entitled to $10.00 per month additional pay from August 19, 1941? 3. Whether enlisted men of the Fleet Reserve transferred thereto subsequent to August 18, 1941, following completion of 16 or 20 years' service, and who were in receipt of the $10.00 per month additional pay, are entitled to the additional pay from date of transfer if retained on active duty? 4. Whether an enlisted man of the Regular Navy transferred to the Fleet Reserve on August 14, 1941, following completion of 16 years' service, released from active duty the same date, recalled to active duty on September 10, 1941, is entitled to additional pay of $10.00 per month from date of recall to active duty. 5. Whether an enlisted man discharged from the Regular Navy after August 27, 1940, following completion of 4 years' service, who enlisted in the Naval Reserve on the date following discharge, is entitled to the additional pay effective August 19, 1941, by reason of continuity of service? 6. Whether a member of the Naval Reserve who was called to active duty August 8, 1939, discharged from the Naval Reserve on January 6, 1942 (expiration of enlistment), enlisted in the Regular Navy on January 7, 1942, is entitled to the additional pay effective on date of enlistment by reason of continuity of service? 7. Whether a man enlisted in the Naval Reserve after August 27, 1940, immediately following completion of more than one year's service in the Regular Navy, and who remained continuously on active duty from date of enlistment is entitled to the $10 per month additional pay effective August 19, 1941. It is assumed that the questions propounded represent actual cases which have occurred or may occur, and are not merely the formulation of questions which possibly could but probably will not arise. Section 8 of the Service Extension Act of 1941 (Public Law 213, approved August 18, 1941), 55 Stat. 627, is as follows: SEC. 8. (a) Any person inducted into the land or naval forces of the United States for active training and service, under section 3 (b) of the Selective Training. and Service Act of 1940, shall, in addition to the amounts otherwise payable to such person with respect to such training and service, be entitled to receive the sum of $10 for each month of such training and service in excess of twelve. The provisions of this section shall also apply (1) to any enlisted personnel of the National Guard of the United States or of any other reserve component of the Army of the United States ordered into the active military service under the authority of Public Resolution Numbered 96, approved August 27, 1940, or section 37a of the National Defense Act of 1916, as amended, for any such service so rendered by any such personnel in excess of twelve months, and (2) to any enlisted personnel of the Regular Army for each month of military service rendered by him after the date of enactment of this joint resolution, and after his total military service (rendered before or after such date) exceeds twelve months. (b) The provisions of this section shall be applicable only during the period of the unlimited emergency declared by the President on May 27, 1941. This act was entitled "Joint Resolution to Extend the period of service of persons in the military service." Theretofore, by the act of September 16, 1940, Public, No. 783, 54 Stat. 885, provision had been made for the selection for service of persons within ages therein defined and section 3 (b) thereof provided for service for 12 consecutive months. The act of August 18, 1941, extended the period of service subject to the conditions therein named for an additional period of 18 months and apparently because of this extension it was provided in section 8, as above, for an additional payment of $10 per month after 12 months' service, which had formerly been required. By Joint Resolution No. 96 of August 27, 1940, 54 Stat. 858, provision had been made for bringing into the service of the United States the National Guard and the reserve components of the Army, and the provision for additional payment in section 8 of the Service Extension Act was specifically extended to members of the National Guard and the reserve components of the Army under the conditions therein specified. It will be observed that as to members of the National Guard and of the reserve components of the Army no additional payment was authorized based upon prior service in the Regular Army; it was only after 12 months' service rendered under the terms of Public Resolution No. 96 of August 27, 1940, and as to selectees, only service under the Selective Service Act of 1940, that was authorized to be counted. As hereinafter shown the provision for additional pay was applicable to the Navy under the assimilating statute cited, and by the questions now presented it is apparently the desire of the Navy Department to extend this increase in pay, based on periods of service by members of the reserve components of the Navy prior to August 27, 1940, when no selectee or member of the reserve component of the Army under the act could count service prior to August 27, 1940, for this purpose. The last sentence of section 12 (a) of the Selective Training and Service Act of 1940 (approved September 16, 1940), 54 Stat. 895, is as follows: 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. Section 7 of the Naval Reserve Act of 1938, 52 Stat. 1176, provides that: enlisted men of the Naval Reserve, including those on the honorary retired list, or who may have been retired, when employed on active duty or on training duty with pay or when employed in authorized travel to and from such duty, shall receive the same pay and allowances as received by * enlisted men of the Regular Navy of the same rank, grade, or rating, and of the same length of service In 21 Comp. Gen. 392, in answer to question (d), it was held that only active service after August 27, 1940, may be counted by enlisted members of the Naval and Marine Corps Reserve for the purpose of computing the service prerequisite to the additional payment of $10 per month. The reason for so holding was explained as follows: As the assimilation is to pay provided for the Army, and as enlisted members of the National Guard or enlisted members of the reserve components of the Army ordered into the service of the United States under the terms of Public Resolution 96, of August 27, 1940, are included, only service after such date may be counted by them. It seems obvious that enlisted members of the Naval or Marine Corps Reserve may not count by assimilation active service prior to August 27, 1940, which enlisted members of the reserve components of the Army may not count. This reasoning is adhered to, and, accordingly, in answer to your first question, you are advised that only active duty subsequent to August 27, 1940, may be counted by enlisted men of the Naval Reserve, including members of the Fleet Reserve, in determining whether they have had 12 months' service within the meaning of section 8, supra. In 21 Comp. Gen. 392, it was pointed out that section 8 of the Service Extension Act of 1941 provides different conditions with respect to payment of the additional $10 per month to members of reserve components of the Army than the conditions provided with respect to payment of the $10 per month to enlisted men of the Regular Army. This distinction was explained in the following language: To paraphrase the statute in this connection, it provides that each enlisted member of the Regular Army is entitled to $10 per month, in addition to amounts otherwise payable, for each month of military service rendered by him after August 18, 1941, and after his total military service (rendered before or after such date) exceeds 12 months. The distinction between this provision for members of the Regular Army and the provision for the reserve components of the Army is apparent. The provision respecting personnel ordered into active military service under the provisions of Public Resolution No. 96, etc., refers to "any such service so rendered by any such personnel in excess of 12 months," while the provision regarding the enlisted personnel of the Regular Army refers to service rendered after August 18, 1941, and after the individual's total military service (rendered before or after such date) exceeds 12 months. See, also, 21 Comp. Gen. 365. If enlisted men of the reserve components of the Navy-whether they be members of the Fleet Reserve or members of some other 470350m-42-50 17 branch of the Naval Reserve-were authorized to count prior Regular Navy service in computing service under section 8, they would then be in a better position under that section than enlisted personnel of the National Guard of the United States and other reserve components of the Army of the United States to whom section 8 is made applicable by its express terms. In other words, by assimilation to the Army under the broad terms of section 12 (a) of the Selective Training and Service Act of 1940, they would be more favorably situated with respect to the additional payment than would members of the reserve components of the Army who may not count prior Regular Army service in computing the 12 months' prior service upon which the right to the additional monthly payment is conditioned. 21 Comp. Gen. 365. The fact that an enlisted man of the Regular Navy may be transferred to the Fleet Reserve and may be in an active duty status as a reservist from the moment of transfer does not make the rules with respect to reservists inapplicable to him after the transfer. The men contemplated by your second question were members of the Fleet Reserve on active duty on the date of approval of the Service Extension Act of 1941, and payments to them under section 8 of the said act should be made only upon the conditions applicable to reservists. Accordingly, they are not entitled to the $10 per month during the first 12 months of their active duty as reservists. The men contemplated by your third question were members of the Regular Navy on August 18, 1941, the date of approval of the Service Extension Act of 1941, and each of them on that day had had total naval service of more than 12 months. As members of the Regular Navy they were entitled to the additional payment at the rate of $10 per month on and after August 19, 1941, until their transfer to the Fleet Reserve. As members of the Fleet Reserve they became subject to all statutory conditions respecting the Fleet Reserve regardless of the provisions which governed their status before they became reservists. A member of the Fleet Reserve is entitled to the additional payment of $10 per month only for each month of active duty as a reservist in excess of 12 months. Your third question is answered accordingly. Your fourth, fifth, and seventh questions also may be answered by stating that an enlisted man of the Naval Reserve-whether he be a member of the Fleet Reserve or a member of some other branch of the Reserve-is entitled to the additional payment of $10 per month only for each month of active duty as a reservist in excess of 12 months. In 21 Comp. Gen. 392, in answer to question (g), it was held that men with prior active service in the Naval Reserve who enlist in the Regular Navy may include their active duty as a reservist in de |