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CHAPTER 27

PAY AND ALLOWANCES, REGULAR ARMY

Base pay:

Additional pay-Contd. Officers :

Enlisted men: General and lieutenant general, 1372. Awarded decoration of honor, 1434. Major generals and brigadier generals, Holding certificate of merit, 1435. 1373.

Detailed as reporters, 1436. Officers below grade of brigadier general, Specially qualified in the use of arins, 1374.

1438. Service counted, 1375.

Rated as air mechanics, 1439. Warrant officers, 1376.

Rated as specialists, 1440.

Indian Scouts furnishing own mounts, Warrant officers, Army Mine Planter Sery.

1441. ice, 1376a. Members of the Army Nurse Corps, 1377. Absence due to disease resulting from misContract surgeons, 1378.

conduct, 1442.

Absence with leave, officers :
Flying cadets, 1379.
Eulfsted men, 1380.

General provision, 1443.

On duty at service schools, 1444.
Enlisted men of Philippine Scouts, 1381.
Indian Scouts, 1882.

Serving in Alaska or without the limits Retired officers :

of the United States, 1445. General provisions, 1383.

Serving in Philippines, 1446. Increase for active duty, 1383a.

Absence with leave : General of the Army, 1384.

Members of the Army Nurse Corps, 1447.

Absence without leave : Over 45 years of age when appointed, 1385.

Oficers, 1448. Of Philippine Scouts, 1888.

Absence from duty, enlisted men under sus

pended sentence of dishonorable disRetired warrant officers, 1393.

charge, 1449. Retired Army nurses, 1395.

Allotment of pay, 1450. Retired enlisted men :

Allowances in kind: General provision, 1396.

Quarters and subsistence : Commission during war, 1397.

Officers, 1453. Longevity pay:

Officers serving in Canal Zone, 1454. Officers below grade of brigadier general :

Members of the Army Nurse Corps, 1456. General provision, 1398.

Servants, 1457. Service counted, 1399.

Heat and light, 1458. Officers of the Medical Department, 1400.

Ration, enlisted men, 1460. Warrant officers, 1401.

Transportation, officers, 1460a. Warrant officers, Army Mine Planter Serv

Allowances to enlisted men on discharge : ice, 1403.

Transportation of effects, 1461. Enllsted men :

Clothing, 1462. General provision, 1404.

Travel expense, 1463. Commission service counted, 1405.

Allowances to prisoners, 1466. Additional pay:

Allowances to officers on discharge, travel For flying, 1415.

expense, 1468. For foreign service, abolished, 1416. Allowances to retired enlisted men called to Army personnel employed by Panama active duty, 1469. Canal, 1417.

Assignment of pay: Officers :

By commissioned officers, 1472.
On field or sea duty, prohibited, 1419. By contract surgeons, 1473.
Providing own mounts, 1420.

By enlisted men, 1474.
Detailed as aids to general officer, 1421. Bonus, 1476.
Time of war :

Clothing:
Officers below grade of brigadier gen- Issue, 1477.
eral, 1427.

Replacement when destroyed to prevent Officers exercising higher command, contagion, 1478. 1428.

Clothing allowance, 1479.

Commutation :

Stoppage of pay-Continued. Forage, 1480.

Laundry work and supplies furnished reOf quarters, heat, and light, 1481.

cruits, 1520. Of rations, pilots and enlisted men, 1482. Overpayments received, 1520a. Computation of pay, 1483.

Enlisted men, on administrative determi. "Dependent" defined, 1484.

nation, 1521. Deposits by enlisted men, 1485.

Subsistence allowance : Enlistment allowance, 1486.

Major generals and brigadier generals, Maximum of pay and allowances :

1522. Major generals and brigadier generals, Officers below grade of brigadier general, 1487.

1523. Officers below grade of brigadier general, Warrant officers, and warrant officers, Army 1488.

Mine Planter Service, 1524. Monetary allowance ; enlisted men, 1489, Members of Army Nurse Corps, 1525. Mounts:

Contract surgeons, 1526. Issue to officers, 1490.

Transportation of Engineer officers on river Forage and care, 1492.

and harbor work, 1529. Transportation, 1493.

Transportation of dependents, 1531. Payments :

Transportation of effects, 1531a. In advance, to persons at distant stations, Transportation of motor vebicles, 1531b. 1495.

Mileage:
In advance, to troops embarking for the General provision, 1532.
Philippines, 1496.

Officers changing station while on leave, Arrears not to exceed two months, 1497.

1532a. Monthly, officers, 1498.

Officers on duty with California Debris To person designated, 1500.

Commission, 1532b. Transmitted by mail or express, 1501.

Requisites of orders, 1533. Prisoners of war, 1502.

Computation of distance, 1534. Ration:

Deductions when transportation furnished, Components, 1503.

1535. Emergency, 1504.

Actual expenses : Rental allowance :

Officers' repeated travel, 1536. Major generals and brigadier generals, Officers' travel outside continental United 1505.

States and in Alaska, 1537. Officers below grade of brigadier general, Military observers on duty abroad, 1537a. 1506.

Officers on duty with American Battle Warrant officers and warrant officers, Army

Monuments Commission, 1537b.
Mine Planter Service, 1507.

Officers on duty with Bureau of LightMembers of Army Nurse Corps, 1508.

houses, 1537c. Contract surgeons, 1509.

National Guard duty, 1537d. Retention of pay, loss of service records, Travel by sea, 1537e. 1510.

Travel by commercial aircraft, 1537f. Retention of pay restricted, 1511.

Actual expenses or per diem : Repayment of detained pay, 1512,

Officers, 1538. Retired personnel on active duty, 1513.

Members of Army Nurse Corps, 1539. Saving clauses, 1515.

Enlisted men, 1540. Stoppage of pay:

Travel by air, 1541. Arrears to the United States, 1516.

Travel in connection with aerial surveys, Deficiency or damage of military stores,

1542. 1517.

Travel by privately owned conveyance, 1543. Damage to military stores through negli- Travel expense, attendance at horse shows, gence, 1518.

1552 Commissary supplies purchased on credit,

1519.

1372. Base pay; general and lieutenant general.—The officers of the Army shall be entitled to the pay herein stated after their respective designations: The general, thirteen thousand five hundred dollars a year. Lieutenant general, eleven thousand dollars a year. * * R. S. 1261; 10 U. S. C. 671a.

and the officer appointed under the foregoing authorization shall have the pay prescribed by section 24 of the Act of Congress approved July 15, 1870, and such allowances as the President shall deem appropriate; Act of Sept. 3, 1919 (41 Stat. 283); 10 U. S. C. 671a.

See notes to 8, ante.
The act of July 5, 1870, referred to above, is R. S. 1261.

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1373. Base pay; major generals and brigadier generals.--That commencing July 1, 1922, the annual base pay of a brigadier general of the Army shall be $6,000; and the annual base pay of a major general of the Army shall be $8,000.

Sec. 8, act of June 10, 1922 (42 Stat. 629); 37 U. S. 0. 12.

For subsistence and rental allowances of a major general and a brigadier general, see, respectively, 1522 and 1505, post.

1374. Base pay; officers below grade of brigadier general.—That, beginning July 1, 1922, for the purpose of computing the annual pay of the commissioned officers of the Regular Army * below the grade of brigadier general pay periods are prescribed, and the base pay for each is fixed as follows:

The first period, $1,500; the second period, $2,000; the third period, $2,400; the fourth period, $3,000; the fifth period, $3,500; and the sixth period, $4,000. The pay of the sixth period shall be paid to colonels of the Army

and officers of corresponding grade who have completed twenty-six years' service, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of section 24, Act of June 3, 1916, as amended by the Act of June 4, 1920;'

to lieutenant colonels of the Army * and officers of corresponding grade,

who have completed thirty years' service; and to the Chief of Chaplains of the Army.

The pay of the fifth period shall be paid to colonels of the Army * and officers of corresponding grade who are not entitled to the pay of the sixth period; to lieutenant colonels of the Army * and officers of corresponding grade who have completed twenty years' service, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of said section 24; * * * and to majors of the Army * and officers of corresponding grade who have completed twenty-three years' service:

The pay of the fourth period shall be paid to lieutenant colonels of the Army * * . and officers of corresponding grade who are not entitled to the pay of the fifth or sixth period; to majors of the Army* * * and officers of corresponding grade who have completed fourteen years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or who were appointed to the Regular Army to fill vacancies created by the increase of the commissioned personnel thereof in 1920; to captains of the Army * and officers of corresponding grade who have completed seventeen years' service; The pay of the third period shall be paid to majors of the Army

and officers of corresponding grade who are not entitled to the pay of the fourth, fifth, or sixth period; to captains of the Army * and officers of corresponding grade who have completed seven years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or whose present rank dates from July 1, 1920, or earlier; to first lieutenants of the Army * * and officers of corresponding grade who have completed ten years' service;

The pay of the second period shall be paid to captains of the Army * and officers of corresponding grade who are not entitled to the pay of the third or fourth period; to first lieutenants of the Army *. and officers of corresponding grade who have completed three years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army; and to second lieutenants of the Army * * * and officers of corresponding grade who have completed five years' service.

The pay of the first period shall be paid to all other officers whose pay is provided for in this section. Sec. 1, act of June 10, 1922 (42 Stat. 625); act of May 23, 1928 (45 Stat. 719); act of May 28, 1928 (45 Stat. 788); 37 U. S. C. 1.

The last paragraph of the 1929 text of this section, based on section 1, act of September 14, 1922 (42 Stat. 841), 10 U. S. C. 902, is omitted as executed.

By public resolution of February 3, 1930 (46 Stat. 63), a joint congressional committee was appointed to make an investigation and report recommendations relative to the readjustment of the pay and allowances of the commissioned and enlisted personnel of the several services.

For report of this committee see Senate Document No. 259, 71st Congress.

For temporary reduction of pay and allowances of Army personnel, see section 3, Title II, act of March 20, 1933 (48 Stat. 13), as amended.

Notes of Decisions In general.- Where statute fixes Army, (1929), 07 Ct. CI. 262; certiorari denied officer's pay, compensation rests on statute (1929), 280 U. S. 593. and not on contract. Emmons v. U. 8. A lieutenant of the Staff Corps of the (1927), 63 Ct. Cl. 121.

Navy, who has served for fifteen years as Army officer's acceptance of less than enlisted man, warrant officer, and commis. statutory compensation does not estop him sioned officer, and whose first appointment from claiming full amount. Id.

to the permanent service was as a lieuGrade of first appointment and pay peri- tenant, junior grade, of the Staff Corps, corods.--A captain of the Army who on Novem responding to a first lieutenant in the ber 10, 1917, had been appointed a second Army, is not entitled to pay of the fourth lieutenant of Infantry in the Regular Army period if his total commissioned service does was thereby given an appointment in the not equal that of a lieutenant commander "permanent" service, notwithstanding under of the line of the Navy drawing the pay of the terms of the act such appointment was that period. U. S. v. Lenson (1928), 278 "provisional" only, and where this was ac- U. S. 60, reversing (1927), 63 Ct. Cl. 420. cordingly his first appointment in the per- Marine Corps major retired September 30, manent service and he had neither on July 1911, and thereafter rendering service, mak1, 1922, completed seven years' service noring total active service 17 years 11 months been promoted to the rank of captain on or 25 days, held entitled to base pay of fourth before July 1, 1920, he was under the joint reriod only. Leonard v. U. S. (1929), 279 service pay act of June 10, 1922, entitled U. S. 40, affirming (1928), 64 Ct. Cl. 384. to pay of the second period only. His vol- Where a lieutenant of the Staf Corps of untary resignation from the permanent the Navy, commissioned with that rank beservice September 23, 1919, while still hold-fore July 1, 1922, held a commission in the ing a provisional appointment, did not scrve Organized Militia between January 21, 1903, to make his subsequent appointment as a and July 1, 1916 (Séc. 1, par. 11, act of first lieutenant November 25, 1920, a "First June 10, 1922), he was entitled to bave appointment in the permanent service." included 75 percent of the period during Webb v. U. S. (1930), 69 Ct. Cl. 46. which he held his commission in the mill

The provision in the joint service pay acttia, for the purpose of making his total of June 10, 1922, with reference to the commissioned service equal that of a lieu"first appointment in the permanent service" tenant commander of the line drawing pay intended that a temporary appointment to the of the fourth period. Gibbs v. U. 8. (1931), “temporary" increased strength of the Ma. | 72 Ct. C1. 301. rine Corps, under the act of May 22, 1917, Recovery for overpayment.-United States should not be treated as a "first appointment by long-continued overpayment does not in the permanent service." Furey v. U. S. estop itself to recover same from officer. (1930), 70 Ct. Cl. 299; Armstead v. U. 8. Heidt v. U. S. (C. C. A., 1932), 56 F. (20) (1931), 74 Ct. Cl. 591.

559; certiorari denied (1932), 287 U. S. Pay periods. A chief machinist of the 601. Navy, so commissioned February 5, 1923, Officers discharged and recommissioned. under the act of March 3, 1909, having been Provision that discharge and recommission warranted a machinist six years prior thereto, of officers in next lower grade should not who had commissioned service during a part reduce pay or allowances does not give inonly of said six years, was not entitled on creased pay for future services. Eagle v. date of his commission as chief machinist to U. S. (1927), 63 Ct. Cl. 157. pay of the second period. Chinnis v. U. S.

1375. Base pay of officers; service counted. That hereafter the service of a cadet who may hereafter be appointed to the United States Military Academy or to the Naval Academy shall not be counted in computing for any purpose the

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length of service of any officer of the Army. Sec. 6, act of Aug. 24, 1912 (37 Stat. 594); 10 U, S. C. 684.

For officers appointed on and after July 1, 1922, no service shall be counted for purposes of pay except active commissioned service under a Federal appointment and commissioned service in the National Guard when called out by order of the President. For officers in the service on June 30, 1922, there shall be included in the computation all service which is now counted in computing longevity pay, and service as a contract surgeon serving full time; and also 75 per centum of all other periods of time during which they have held commissions as officers of the Organized Militia between January 21, 1903, and July 1, 1916, or of the National Guard, the Naval Militia, or the National Naval Volunteers since June 3, 1916, and service as a contract surgeon serving full time, shall be included in the computation. Scc. 1, act of June 10, 1922 (12 Stat. 627); 37 U. 8. C. 4. That in determining the pay period

in the case of officers of the Regular Army, active duty performed as an officer of the Philippine Constabulary shall be credited to the same extent as service under a Regular Army commission or other active duty recognized under the provisions of section 127a of the National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920. Act of May 23, 1928 (45 Stat. 720); 10 U. 8. C. 951a.

The second paragraph of the 1929 text of this section, based on section 1, act of September 14, 1922 (42 Stat. 481); 10 U. S. C. 902, is omitted as executed.

The text of the third paragraph of the 1929 text of this section based on War Department appropriation acts of June 7, 1924 (43 Stat. 481); Feb. 12, 1925 (43 Stat. 896); Apr, 15, 1926 (44 Stat. 257) ; 10 U. S. C. 684, is omitted as expired. The first paragraph above should be substituted therefor. (J. A. G. 010.3, November 12, 1929, page 119.)

1376. Base pay and allowances; warrant officers.--That commencing July 1, 1922, the monthly base pay of warrant officers

of the Army shall be as follows: Warrant officers of the Army * $148; Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

Warrant officers other than those of the Army Mine Planter Service shall receive the allowances of a second lieutenant,

Sec. 4a, added to act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); 10 U. S. C. 594, 902a.

For rental and subsistence allowance to which warrant officers are entitled, see 1507, 1524, post.

1376a. Base pay and allowances; warrant officers, Army Mine Planter Service.That commencing July 1, 1922, the monthly base pay of warrant officers of the Army

shall be as follows: * *warrant officers, Army Mine Planter Service, master, $185 ; first mate, $141 ; second mate, $109; engineer, $175; assistant engineer, $120;

Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. 8. C. 13.

And provided further, That warrant officers shall have such allowances as the Secretary of War may prescribe, * Ch. IX, act of July 9, 1918 (40 Stat. 882); 10 U. S. C. 276.

For rental and subsistence allowances to which warrant officers, Army Mine Planter Service, are entitled, see 1507, 1524, post.

The maximum amount payable to warrant oficers, Army Mine Planter Service, for travel expense, is $5 per diem, under act of April 6, 1914. See 1539, post.

1377. Base pay and allowances; members of the Army Nurse Corps.--That, commencing July 1, 1922, the annual pay of female nurses of the Army and Navy shall be as follows: During the first three years of service, $840; from the beginning of the fourth year of service until the completion of the sixth year

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