As a matter of fact an officer "when so detailed" may be engaged in his educational work before as well as after he reports for duty to the institution to which he is detailed. Respectfully, L. P. MITCHELL, XIV.. Veterinarians authorized under act of February 2, 1901, entitled to increased pay for length of service. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY, The Honorable the SECRETARY OF WAR. Washington, July 29, 1901. SIR: I have by your order, per indorsement of the Adjutant General of July 22, 1901, the following letter from Lieutenant Colonel G. W. Baird, under date of July 11, 1901: I have the honor to state that Veterinarians Gerald E. Griffin, 5th Cavalry, and Daniel Le May, 7th Cavalry, have each made a claim for service pay. As appears from inclosed records obtained from the Adjutant General's Office, Gerald E. Griffin served as veterinary surgeon, 7th Cavalry, from September 17, 1889, until August, 1898, when he accepted appointment as veterinarian of the first class, 7th Cavalry, under which appointment he still serves. His service has been continuous since September 17, 1889. Daniel Le May was appointed veterinary surgeon, 1st Cavalry, May 26, 1886, accepted appointment May 30, and his resignation was accepted October 31, 1886. He was appointed veterinary surgeon of the 7th Cavalry August 26, 1889, accepted appointment September 2, 1889, and has served continuously to date. In the decision of the Comptroller dated October 31, 1900, published in Circular No. 47, Headquarters of the Army, it is held that a veterinarian is entitled to include his period of service as an enlisted man in the computation of his pay. I have the honor to request to be informed what percentage of increased pay the veterinarians named are entitled to upon the facts submitted, and when such increase began in the case of each. Please return the inclosed with the decision requested. Respectfully, G. W. BAIRD, Lieut. Col., D. P. M. G., Chief Disbursing Officer. You request my decision on the questions as follows: 1. What percentage of increased pay are the veterinarians named entitled to upon the facts stated? 2. When did such increased pay begin in each case? The act of February 2, 1901 (31 Stat., 748), provides: Sec. 1. That from and after the approval of this act the Army of the United States, including the existing organization, shall consist of fifteen regiments of cavalry * * Sec. 2. That each regiment of cavalry shall consist of * * rians * ; two veterina Sec. 20. That the grade of veterinarian of the second class in cavalry regiments, United States Army, is hereby abolished, and hereafter the two veterinarians authorized for each cavalry regiment, and one veterinarian authorized for each artillery regiment, shall receive the pay and allowances of a second lieutenant, mounted. It appears from the facts stated that Gerald E. Griffin served as a veterinary surgeon for eight years, eleven months, and one day, and as veterinarian of the first class for two years, ten months, and one day, to June, 1901, the date of his letter. He is, therefore, serving in his third five years, Daniel Le May has served as veterinary surgeon of the 7th U. S. Cavalry for eleven years, nine months, and nineteen days, and as veterinary surgeon in the 1st U. S. Cavalry for five months and one day. He is, therefore, serving in his third five years. If they are entitled to count time of service as veterinary surgeons and as veterinarians, they would appear to be entitled to the same percentage of increased pay. Veterinary surgeons and veterinarians are a part of the Army of the United States, made so by the various acts providing for their appointment. (See sec. 1102, R. S.; sec. 2, act of March 2, 1899; 30 Stat., 977; and act of February 2, 1901, 31 Stat., 748.) Their service is therefore actual service in the Army, although not as an officer or enlisted man, and if they are entitled to longevity pay such service may be counted in computing it. United States v. Morton (112 U. S., 1, 7). In the case of Gerald E. Griffin, a veterinarian who was entitled under the act of March 2, 1899 (30 Stat., 977, 978), to "the pay and allowance of a second lieutenant of cavalry," it was held that "he" (was) "entitled to take credit for prior service as an enlisted man in the Army "in computing his pay." (7 Comp. Dec., 201.) The only question considered in this decision was the right to count service as an enlisted man, as that was the only prior service shown, but upon the principle of the decision in the case of United States v. Morton, supra, he is entitled to count service as a veterinary surgeon or as a veterinarian also. The act of February 2, 1901, supra, abolished the grade of veterinarians of the second class, and gave each of the veterinarians provided for the pay and allowances of a second lieutenant, mounted. Both of the veterinarians, on the facts stated, are serving in their third five years' service, and unless they have had prior service that should also be counted, they are entitled to the same percentage of increased pay, viz, the pay of a second lieutenant, mounted, in the third five years of his service. The act of March 2, 1899 (30 Stat., 977), is the first act that provides that a veterinarian of the first class shall have the pay and allowances of a second lieutenant of cavalry, and as Gerald E. Griffin was a veterinarian of the first class from the date of the passage of this act, his increased pay begins at that date. The act of February 2, 1901 (31 Stat., 753), changed the pay and allowances of Veterinarian Daniel Le May to that of a second lieutenant, mounted, and he is entitled to the increased pay from this date. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, Washington, August 29, 1901. The following decision of the Secretary of War is published to the Army for the information and guidance of all concerned: Veterinarians are not competent to sit as members of courtsmartial or perform any of the duties which are expressly required by law to be performed by commissioned officers. As their status is assimilated to that of commissioned officers, however, they are eligible for detail as members of boards of survey, or councils of administration, and may when no commissioned officer is available serve as exchange officers or post treasurers, and may witness payments to enlisted men.— [Decision Sec. War, Aug. 27, 1901–386704 A. G. O.] BY COMMAND OF LIEUTENANT GENERAL MILES: THOMAS WARD, Acting Adjutant General. CIRCULAR, No. 31. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, Washington, August 31, 1901 By direction of the Acting Secretary of War, the following decision of the Judge Advocate General of the Army, dated August 22, 1901, and approved by the Acting Secretary of War on August 23, 1901, is published to the Army for the information and guidance of all concerned: Purchases after less than ten days' notice no longer fall within the description of "emergency purchases" as that term is used in the act of March 2, 1901, and as such need not be entered in the report required to be submitted to the Secretary of War by paragraph 648 of the Army Regulations of 1901. BY COMMAND OF LIEUTENANT GENERAL MILES: THOMAS WARD, Acting Adjutant General. |