Evening star., 1942-08-30
Senate Unit Approves
LEGISLATION 10 Credit
Inactive Officers
Proposal Would Allow
All Service to Count for
Poy Period Advance

Legislation has been tentatively
approved by the Senate Military
Affairs Committee that will credit
National Guard and Reserve officers
with all inactive and active service
for the purpose of advancing in
pay period.
The Controller General in a recent
decision ruled that, while officers
may count inactive service for
longevity pay under the new pay
act, they cannot count such service
for advancement in pay grade. The
legislation is sponsored by Senator
johnson, Democrat, OF COLORADO,
original sponsor of the new pay act.
Senator johnson said this week
that the controllers decision makes
the legislation necessary, inasmuch
as trainers of the pay act always
had intended the National Guard
and Reserve officers count inactive
as we'll as active service for ad-
vancement in pay period. Senator
Johnsons proposal provides that
when officers of the National
Guard or of the Reserve forces OF
any of the services mentioned IN
the title of this act, including Re-
serve officers, are authorized by
law to receive Federal pay, except
armory drill and administrative
function pay, they shall receive pay
as provided in section l Of this act.
The bill provides further that in
computing, their services for pay
the officers shall be credited with
full time for all periods during
which they have held commissions
as officers of any of the services
mentioned in the title of the act,
or in the Organized Militia prior
to July /, 1916, the National Guard,
National Guard of the United
States, Officers' Reserve Corps.
Naval Militia, National Naval Vol
unteers, Naval Reserve Force, Naval
Reserve, Marine Corps Reserve,
Coast Guard Reserve and the Re-
serve Corps Of the Public Health
Service.
The Controller General, in anoth-
er decision, ruled that "an Army
officer who is assigned to an or
ganization under orders detailing
him to command thereof and upon
whom, after assignment, the COM
mand would have automatically de-
volved, without the necessity for
the issuance of orders, by reason OF
his being the senior officer present
is not entitled to the pay of the
higher rank under section 7 of the
act of April 26, 1898.
That section provides that in time
of war an officer serving with troops
operating against an enemy who
shall exercise, under assignment by
competent authority, command
above that pertaining to his grade
shall be entitled to the pay and
allowances of the higher grade.
The case in point involved q first
lieutenant, whose orders relieved
him from assignment with the Or
ganization to. which he was then
attached, and assigned him to a
headquarters battery and ammuni-
ton train. These orders, the Con-
troller General pointed out. consti-
tuted permanent assignment to
the latter organization and there
was no senior oficer available to
serve as commander.
Being a member of the organi-
cation over which he exercised
command" the Controller General
said, land being the senior officer
present in such organization, that
portion of his orders detailing him
to command the organization was
superfuous and unnecessary.
Accordingly" the controller con-
cluded, "the command was not ex-
ercised under assignment IN orders
issued by competent authority
within the meaning of the act, and
therefore, you are not authorized
to make payment on the voucher"