CHAPTER 28

PAY AND ALLOWANCES, NATIONAL GUARD, ORGANIZED RESERVES, AND CIVILIANS IN MILITARY TRAINING

1553. Base and longevity pay; National Guard and reserve officers, general provision. That when officers of the National Guard or of the reserve forces of any of the services mentioned in the title of this Act are authorized by law to receive Federal pay, those serving in grades corresponding to those of colonel, lieutenant colonel, major, captain, first lieutenant, and second lieutenant of the Army shall receive the pay of the sixth, fifth, fourth, third, second, and first periods, respectively. Sec. 3, act of June 10, 1922 (42 Stat. 627), as amended by sec. 1, act of May 31, 1924 (43 Stat. 250); U. S. C. 10: 362; 37: 7.

Such officers whenever entitled to Federal pay, except armory drill and administrative function pay, shall receive as longevity pay, in addition to base pay provided but not exceeding the maximum pay prescribed by law, an increase thereof at the per centum and time rates up to thirty years provided in the tenth paragraph of section 1.

In computing the increase of pay for each period of three years' service, such 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 this Act, or in the Organized Militia prior to July 1, 1916, or in the National Guard, or in the Naval Militia, or in the National Naval Volunteers, or in the Naval Reserve Force or Marine Corps Reserve Force, when confirmed in grade and qualified for all general service, with full time for all periods during which they have performed active duty under reserve commissions, and with one-half time for all other periods during which they have held reserve commissions. Sec. 3, act of June 10, 1922 (42 Stat. 627), as amended by sec. 1, act of May 31, 1924 (43 Stat. 250); U. S. C. 10: 363; 37: 7.

For tenth paragraph of sec. 1, see 1398, ante.

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1554. Same; reserve officers on active duty.-* A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service *. Sec. 87a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776); U. S. C. 10: 361.

As respects the pay and allowances mentioned in the second sentence, the present law is found in 1553, ante, and 1578, post.

1555. Same; National Guard officers called into Federal service. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. Sec. 10, act of Jan. 21, 1903 (32 Stat. 776).

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of the Regu

*

Sec. 111, act

1556. Same; National Guard officers drafted into Federal service.-* Officers * * while in the service of the United States under the terms of this section shall have the same pay and allowances as officers lar Army of the same grades and the same prior service. of June 3, 1916 (39 Stat. 211), as amended by sec. 49, act of June 4, 1920 (41 Stat. 784); U. S. C. 32: 81.

For construction of this provision, see "Notes of Decisions" under heading "National Guard drafted into Federal service," under 1398, ante.

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1557. Same; National Guard and reserve officers assigned to duty with Militia Bureau or Regular Army.-* The President may also assign, with their consent, to duty in the Militia Bureau three officers who, at the time of their initial assignment, are active federally recognized National Guard officers, and who are reserve officers, and any such officer while so assigned shall receive the pay and allowances provided in the Pay Readjustment Act of June 10, 1922, as

amended, for officers of the National Guard when authorized by law to receive Federal pay. The President may also assign, with their consent and within the limits of the appropriations previously made for this specific purpose, not exceeding five hundred officers of the active Federally recognized National Guard, and who are reserve officers, to duty with the Regular Army, in addition to those attending service schools, and while so assigned they shall receive the pay authorized in the preceding sentence. Sec. 81, act of

June 3, 1916 (39 Stat. 203), as amended by sec. 44, act of June 4, 1920 (41 Stat. 782), as amended by sec. 4, act of Sept. 22, 1922 (42 Stat. 1034), as amended by sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); U. S. O. 32: 175, 147.

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1558. Same; National Guard and National Guard Reserve officers engaged in encampments, maneuvers, or other exercises.-* the officers of such National Guard while so engaged shall be entitled to the same pay # as officers of corresponding grades of the Regular Army are or hereafter may be entitled by law. Sec. 94, act of June 3, 1916 (39 Stat. 206); U. S. C. 32: 144.

Members of said reserve, officers and enlisted men, when engaged in field or coast defense training with the active National Guard, shall receive the same Federal pay as those occupying like grades on the active list of said guard when likewise engaged: Provided further, That, except as otherwise specifically provided in this Act, no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782), as amended by sec. 2. act of Feb. 28, 1925 (43 Stat. 1076); U. S. C. 32: 134.

Notes of Decisions

Longevity pay. The statute (sec. 15, act of Jan. 21, 1903, 32 Stat. 778) does not entitle an officer to credit for service in the

*

State militia as a basis for longevity pay.
Bowie v. U. S. (1909), 45 Ct. Cl. 42.

1559. Same; National Guard officers and warrant officers attending assemblages for instruction.-* officers and warrant officers attending such at the same rates as for encamp

assemblages shall be entitled to pay ments or maneuvers for field or coast-defense instruction. Sec. 97, act of June 3, 1916 (39 Stat. 207), as amended by sec. 2, act of May 28, 1926 (44 Stat. 674) ; U. S. C. 32: 145.

1560. Same; National Guard officers and warrant officers attending service schools or courses of instruction.-* and any such officer, or warrant officer, shall receive, out of any National Guard allotment of funds available for the purpose, the pay and allowances provided in the Pay Readjustment Act of June 10, 1922, for officers and warrant officers of the National Guard when authorized by law to receive Federal pay while in actual attendance at such school, college, or practical course of instruction, and for the necessary period of travel from and to his home station: Sec. 99, act of June 3, 1916 (39 Stat. 207), as amended by sec. 5, act of Sept. 22, 1922 (42 Stat. 1035), as amended by sec. 3, act of May 28, 1926 (44 Stat. 674); U. S. C. 32: 146. 1561. Base and longevity pay; enlisted reservists on active duty.-* While on active duty they shall receive the same pay and allowances as other enlisted men of like grades and length of service. Sec. 55b, added to the act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780); U. S. O. 10: 427.

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1562. Same; enlisted men of National Guard called into Federal service.-That the militia, when called into the actual service of the United States, shall, 51109°-3062

during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. Sec. 10, act of Jan. 21, 1903 (32 Stat. 776).

1563. Same; enlisted men of National Guard drafted into Federal service.enlisted men while in the service of the United States under the terms of this section shall have the same pay and allowances as * * * enlisted men of the Regular Army of the same grades and the same prior service. Sec. 111, act of June 3, 1916 (39 Stat. 211), as amended by sec. 49, act of June 4, 1920 (41 Stat. 784); U. S. O. 32: 81.

as

1564. Same; enlisted men of National Guard and National Guard reserve engaged in encampments, maneuvers, or other exercises, for field or coastdefense training.-* * * enlisted men of such National Guard while so engaged shall be entitled to the same pay, enlisted men of corresponding grades of the Regular Army are or hereafter may be entitled by law. Sec. 94, act of June 3, 1916 (39 Stat. 206); U. S. C. 32: 144. * * Members of said Reserve, * * enlisted men, when engaged in field or coast-defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said guard when likewise engaged: Provided further, That, except as otherwise specifically provided in this Act, no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782), as amended by sec. 2, act of Feb. 28, 1925 (43 Stat. 1076); U. S. C. 32: 134.

*

* * and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1 per day, respectively, whenever they are participating in exercises provided for by sections 94 * ** Defense Act, approved June 3, 1916.

Stat. 632); U. S. C. 37: 23.

**

of the National Sec. 14, act of June 10, 1922 (42

1565. Same; enlisted men of National Guard attending assemblages for instruction.-* enlisted men to pay * * at the same rates as for encampments or maneuvers for field or coast-defense instruction. Sec. 97, act of June 3, 1916 (39 Stat. 207), as amended by sec. 2, act of May 28, 1926 (44 Stat, 674); U. S. C. 32: 145.

For pay of National Guard attending encampments, etc., see 1504, ante.

97

and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1.00 per day, respectively, whenever they are participating in exercises provided for by sections of the National Defense Act, approved June 3, 1916. * 10, 1922 (42 Stat. 632); U. S. O. 37: 23.

Sec. 14, act of June

1566. Same; enlisted men of National Guard attending service schools or courses of instruction.-* # * and any such enlisted man shall receive therefrom, except as otherwise provided in section 14 of the Pay Readjustment Act of June 10, 1922, the same pay and allowances * * to which an enlisted man of the Regular Army of like grade would be entitled for attending such school, college, or practical course of instruction under orders from proper military authority, while in actual attendance at such school, college, or practical course of instruction, and for the necessary period of travel from and to his home station: * * Sec. 99, act of June 3, 1916 (39 Stat. 207), as amended by sec. 5, act of Sept. 22, 1922 (42 Stat. 1035), as amended by sec. 3, act of May 28, 1926 (44 Stat. 674); U. S. C. 32: 146.

* and the pay of enlisted men of the National Guard of the sixth and seventh grades shall be $1.15 and $1 per day, respectively, whenever they are

** 99 of the National Sec. 14, act of June 10, 1922 (42

participating in exercises provided for by sections
Defense Act, approved June 3, 1916. *
Stat. 632); U. S. C. 37: 23.

1567. Base pay; members of Reserve Officers' Training Corps camps.— Provided further, That members of the Reserve Officers' Training Corps, or other persons authorized by the Secretary of War to attend advanced course camps, shall be paid for attendance at such camps at the rate prescribed for soldiers of the seventh grade of the Regular Army. Sec. 47c, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); U. S. C. 10: 443 Notes of Decisions

Regulation as to pay. Where the President, under act of May 12, 1917 (40 Stat. 69), issues regulation fixing pay of enlisted men serving at Army training schools for commissions in Army during fiscal year ending June 30, 1918, at $33 per month, pay of privates, first class, and appropriation act is passed, June 15, 1917 (40 Stat. 188), fixing pay of enlisted men in train

ing for officers of Reserve Corps at $100 per month, to include June 30, 1918, regulation of the President is in conflict with said act of June 15, 1917, and act will prevail, and the plaintiff may recover. Buckenmeyer v. U. S. (1925), 60 Ct. Cl. 836, certiorari denied (1926), 270 U. S. 649.

1568. Base pay; property and disbursing officers of the United States.

He shall, after having qualified as property and disbursing officer, receive pay for his services at a rate to be fixed by the Secretary of War, and such compensation shall be a charge against the whole sum annually appropriated for the support of the National Guard. * *. Sec. 67, act of June 3, 1916 (39

Stat. 200); U. 8. C. 32: 49.

By sec. 1, act of Feb. 25, 1929 (45 Stat. 1263), making appropriations for the District of Columbia, it is provided that the compensation of present incumbent of the position of disbursing officer of the District of Columbia shall be exclusive of his compensation as United States property and disbursing officer for the National Guard of the District of Columbia.

1569. Drill and administrative pay; officers and warrant officers of the National Guard. Under such regulations as the Secretary of War may prescribe, captains, lieutenants, and warrant officers belonging to organizations of the National Guard shall receive compensation at the rate of one-thirtieth of the monthly base pay prescribed for them in sections 3 and 9 of the Pay Readjustment Act of June 10, 1922, for each regular drill or other period of instruction authorized by the Secretary of War, not exceeding eight in any one calendar month and not exceeding sixty in one year, at which they shall have been officially present for the entire required period of not less than one and onehalf hours. Officers above the grade of captain shall receive not more than $500 a year, and officers below the grade of major, not belonging to organizations, shall receive not more than four-thirtieths of the monthly base pay prescribed for them in section 3 of said Pay Readjustment Act for satisfactory performance of their appropriate duties under such regulations as the Secretary of War may prescribe. In addition to pay hereinbefore provided, officers commanding organizations less than a brigade and having administrative functions connected therewith, shall, whether or not such officers belong to such organizations, receive not more than $240 a year for the faithful performance of such administrative functions under such regulations as the Secretary of War may prescribe; and for the purpose of determining how much shall be paid to such officers so performing such functions, the Secretary of War may, from time to time, divide them into classes and fix the amount payable to the officers in each class. Pay under the provisions of this section shall not accrue to any officer during a period when he shall be entitled under any provision