No. 47. ADJUTANT GENERAL'S OFFICE, Washington, December 21, 1901. By direction of the Secretary of War, the following decision of the Comptroller of the Treasury is published to the Army for the information and guidance of all concerned: An enlisted man granted a furlough for the purpose of accepting a commission in the volunteer service who resumes his place in the regular establishment within three months from the time of his muster out and discharge as a commissioned officer of volunteers is entitled to count all the time served as "an enlisted man" as continuous service for the purpose of computing increase of pay and the thirty years for retirement, but the time served as "a commissioned officer" can not be counted for this purpose. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY. The Honorable the SECRETARY OF WAR. SIR: By your direction I have received a letter, dated September 3, 1901, from the Adjutant General. U. S. Army, as follows: Philip Powers, an ordnance sergeant, U. S. Army, accepted a commission as 1st lieutenant. 42d Infantry, U. S. Volunteers. September 2. 1899. and was granted a furlough as an enlisted man until the muster out of the organization. At the date he accepted his commission he had completed nineteen years, eight months, and fifteen days continuous service, and was then serving under an enlistment of three years commencing December 17. 1897. At the expiration of this term. December 16, 1900, he was discharged: was reenlisted December 17, 1900, and his furlough continued. On June 27. 1901, he was mustered out of the service as a 1st lieutenant of the 42d Infantry, U. S. Volunteers, and resumed his duties as ordnance sergeant. C. S. Army, and is at present performing said duties. In a decision of the Comptroller of the Treasury of April 27, 1901, numbered 129, it was held that a soldier discharged from the Army to accept a commission in the volunteers, who reenlisted within three months after his muster out of the volunteer service, is entitled to count all serv ice as an enlisted man as continuous service, but can not count time served as a commissioned officer in computing further increase of pay, or in computing thirty years of service for retirement. I have the honor to request to be advised as to whether this decision is applicable to the case of the soldier referred to above; if not, what is his status as to continuousservice pay. The record of Powers as furnished by the Adjutant General is peculiar and somewhat anomalous, inasmuch as it seems to place him in the status of an enlisted man on furlough at the same time that he is serving under a commission duly accepted as a commissioned officer. I am of the opinion, however. for the purpose of continuous-service pay and in computing the thirty years' service for retirement, his status is the same as if he had been promoted or discharged September 1, 1899, to accept a commission in the volunteer service, and at the expiration or muster out of his volunteer service he had enlisted again in the Regular Army within three months. If this view is correct the case of Powers comes within the principle of the decision of April 27, 1901, in the case of Andrew J. Smith, Company B, 25th U. S. Infantry (7 Comp. Dec., 692), so that if he resumed his place in the regular establishment within three months from the time of his muster out and discharge as a commissioned officer of volunteers, he is entitled to count all the time served as an enlisted man as continuous service, for the purpose of computing the increase of pay and the thirty years for retirement. The time served as a commissioned officer can not be counted in computing further increase of pay or the thirty years' service for retirement. Powers can not be regarded as having served as an enlisted man between September 2, 1899, the date when he accepted his commission as 1st lieutenant, 42d U. S. Volunteers, and June 27, 1901, the date of his muster out of volunteers, within the meaning of the laws relating to increase of pay for length of service and for the purpose of retirement. As explained herein the case of Powers comes within the principle of the case of Smith cited above. Respectfully, L. P. MITCHELL, Acting Comptroller. BY COMMAND OF LIEUTENANT GENERAL MILES. H. C. CORBIN, Adjutant General, Major General, U. S. Army CIRCULAR, No. 48. HEADQUARTERS OF THE ARMY, ADJUTANT GENERAL'S OFFICE, Washington, December 27, 1901. By direction of the Secretary of War, the following decision of the Comptroller of the Treasury is published to the Army for the information and guidance of all concerned: An enlisted man who has received a certificate of merit for distinguished service is entitled to be paid the whole of it so long as he remains in the military service of the United States, either upon the active or retired list. TREASURY DEPARTMENT, OFFICE OF COMPTROLLER OF THE TREASURY. Joseph Sudsburger appealed November 4, 1901, from the action of the Auditor for the War Department in settlement No. 371174, dated October 15, 1901. He claimed the difference between $1.50 and $2.00 per month for certificate of merit from November 13, 1895, the date of his retirement as an ordnance sergeant. U. S. A., to the date of filing his application with the Auditor, which was October 7, 1901. The Auditor disallowed his claim as follows: He is entitled to but three-fourths of two dollars per month for certificate of merit from date of his retirement and has received the same in full. This will be treated as a determination of claimant's rights by the Auditor to the date of latter's settlement. The claimant was retired as ordnance sergeant, U. S. A., November 13, 1895, and is still borne as such on the retired list of the Army. By the Auditor's settlement No. 343648, dated October 25, 1900, the claimant was allowed the sum of $154.86, being pay for certificate of merit from September 27, 1878, to November 12. 1895, at $2.00 per month, $411.00; from November 13, 1895, to June 30, 1897, at $1.50 per month, $29.35, and travelpay additional, $14.51. The claimant has accepted payment of the amount allowed by the Auditor and he is thereby precluded from obtaining a revision of such settlement as to the items on which payment has been accepted. Besides, even though payment had not been accepted, the claimant would be precluded from obtaining a revision of said settlement because the application for revision was not filed in this office within a year from the date of the settlement. (See section 8, act of July 31, 1894, 28 Stat., 208.) By Army paymasters the claimant has received additional pay for certificate of merit from July 1. 1897, to the date of the Auditor's settlement, October 15, 1901, at the rate of $1.50 per month. I have this day held in an advance decision rendered at the request of Lieutenant Colonel G. W. Baird, post paymaster, that an enlisted man who has received a certificate of merit for distinguished service is entitled to be paid the additional pay of $2.00 per month, as provided in section 1285. Revised Statutes, as amended by the act of February 9, 1891. (26 Stat., 737), so long as he remains in the military service of the United States, either upon the active or retired list of the Army. In accordance with said decision the claimant is entitled to and will be paid the additional pay for certificate of merit at the rate of $2.00 per month from July 1, 1897, to October 15, 1901, date of Auditor's settlement, less the amount of $1.50 per month, which has been paid by Army pay masters. Upon a revision of the above-described account (settlement No. 371174), from the period for July 1, 1897, to October 15, 1901, I find and certify a difference of $25.75 due to claimant from the United States. being additional pay from July 1, 1897, to October 15, 1901, at the rate of $2.00 per month, $103.00, less $77.25, the amount received at $1.50 per month. Appropriation: Pay, etc., of the Army, 1899, and prior years........... $12.00 To be reported to Congress and payable when an appropriation shall have been made. Pay, etc., of the Army, 1900 $6.00 6.00 Pay, etc.. of the Army, 1902. 1.75 To be paid to Joseph Sudsburger, 927) F street sw.. Washington. D. C. L. P. MITCHELL, Assistant Comptroller. BY COMMAND OF LIEUTENANT GENERAL MILES: H. C. CORBIN, Adjutant General, Major General, U. S. Army. |