Evening star., 1942-08-02
Many Reserve Officers
Affected by Decision
Under Pay Act Of 1912
Active Service Alone
Counts in Adjustment,
Controller Rules

Thousands of Reserve officers will
be affected by decision of the Con-
troller General under which "a Re-
serve officer, appointed subsequent
to July /, 1922, may not, under the
Pay Readjustment Act of 1912. count
inactive commissioned service for
the purpose Of advancement in pay
period"
Involved in this case for decision
was whether payment was author
lied on a voucher for $78l8 in favor
of Capt. J. Dean Kitchen, Finance
Reserve, representing the difference
between the pay and allowances of
the third and fourth pay periods for
June, 1912. provided by the Pay
Readjustment Act.
According to the methods sub
mitted, Capt. Kitchen accepted ap-
pointment as a first lieutenant in
the Finance Reserve. Officers Re-
serve Corps, on June %, 1924, and
though not specifically stated it is
assumed that his service has been
continuous since that time; thus, he
had completed more than II years
as a Reserve officer on May 81. 1912.
and on June o. 1912, had completed
18 years of service.
Decision Interprets Law.
He was, with his consent. ordered
to active duty effective August 20,
1910, and aside from short periods
OF active duty training of approx
lmately Is days each in seven subse-
quent years has had no other ac-
tive military service as q commits
stoned officer. When Congress spec
ifled that officers appointed on or
after July l, 1922, the Controller
General pointed out in his decision,
shall only count active commits
stoned service, it must be taken to
have meant active commissioned
service and not something else that
Tor other purposes was just as good,
and If it be admitted that such off,
GERS are so limited, it is difficult to
perceive by what process inactive
commissioned service of Reserve
officers authorized for a specific
purpose may be compared Herewith
for the purpose of section H."
The decision continued:
The provision contained In the
last part of the first sentence of the
first paragraph of section OF the
act OF June 16, 1942, authorizing a
higher pay period than the pay
period based upon the grade alone
of the Reserve officer, as author
lied In its antecedent, obviously can
confer upon such Reserve officer no
more than would accrue to an om-
Ger OF the Regular Army of corre-
spending grade and length of serv-
Ice as limited by section l OF the
act.
Status Of Regular.
Under section ! of the act of
June is, 1912, the pay and allow
ances Of captain in the Regular
Army appointed on or after July !,
1922, with active commissioned
service under Federal commission
equal to the active commissioned
service OF Capt. Kitchen, would be
properly computed on those of the
third period with longevity pay
based upon less than three years
commissioned service"
Under the facts and law involved,
the controller said in pointing out
that payment of the voucher was
not authorized, lit appears that
Capt. Kitchen, who is entitled to
third-period pay and increase for
length of service under the pro-
visions of section 3 of the act of
June Is, 1912, is receiving greater
benefits than would accrue under
section ! to an officer Of the Regular
service with the same length of
identical service. thus negativing
operation of that section as ex-
tended to him by section H."