and length of service retired subsequent to that date:

May 8, 1926 (44 Stat. 417); 37 U. S. C. 26a.i

Sec. 1, act of

1394. For text of this section as published in the 1929 Edition, see 14, ante. For current law, see 341, ante,"

1395. Retired pay; members of Army Nurse Corps. That the annual pay of a retired member of the Army Nurse Corps or the Navy Nurse Corps shall be 3 per centum of the annual active base pay which she is receiving at the time of retirement multiplied by the number of complete years of service rendered prior to retirement, but not exceeding 75 per centum of such annual active base pay; and, in addition, supplemental annual retired pay for each complete year of active service rendered prior to retirement in each of the grades hereafter named, as follows: Chief nurse, $18; assistant superintendent, $45; director, $45; assistant director, $45; superintendent, $75: Provided, That in computing the period of service in any grade for such supplemental retired pay any period less than a year served in any higher grade may be included. Sec. 2, act of May 13, 1926 (44 Stat. 532); 10 U. S. C. 1030; 34 U. S. C. 439.

That pursuant to regulations to be prescribed by the Secretary of War or the Secretary of the Navy, as the case may be, when a member of the Army Nurse Corps or of the Navy Nurse Corps shall be found by a board of medical officers to have become disabled in line of duty from performing the duties of a nurse, and such findings are approved by the head of the department concerned, 'she shall be retired from active service and placed upon the Nurse Corps retired list of the appropriate department in the grade to which she belonged at the time of her retirement and with retired pay at the rate of 75 per centum of the active-service pay received by her at the time of her transfer to the retired list. Act of June 20, 1930 (46 Stat. 790); 10 U. S. C. 937; 34 U. S. C. 436.

That the Act approved June 20, 1930, entitled "An Act to provide for the retirement of disabled nurses of the Army and the Navy," shall be construed, from its effective date, as authorizing the pay of members of the Army Nurse Corps and the Navy Nurse Corps retired thereunder to be computed upon the basis of the entire amount of the active-service pay received by each, respectively, at the time of her transfer to the retired list, including in the cases of superintendents of Nurse Corps, assistant superintendents, directors, assistant directors, and chief nurses the money allowance prescribed as part of their compensation by section 13 of the Act of June 10, 1922 (42 Stat. 631). Act of Mar. 3, 1931 (46 Stat. 1502) ; 10 U. S. C. 938; 34 U. S. C. 437.

For service which may be counted in computing retired pay and for conditions under which a retired nurse may be employed on active duty with full active pay and allow ances, see 338, ante.

1396. Retired pay; enlisted men.-That when an enlisted man shall have served thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventyfive per centum of the pay and allowances he may then be in receipt of, and that said allowances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light. * Sec. 1, act of Mar. 2, 1907 (34 Stat. 1217);

10 U. S. C. 980; 34 U. S. C. 431.

On and after July 1, 1922, retired enlisted men of the Army and Marine Corps shall have their retired pay computed as now authorized by law on the basis of pay provided in this Act. Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

Previous provisions for retirement of enlisted men were found in acts of Feb. 14, 1885 (23 Stat. 305), and Mar. 16, 1896 (29 Stat. 62).

1397. Retired pay of enlisted men commissioned during war.-That retired enlisted men of the Army heretofore or hereafter retired who served honorably as commissioned officers of the Army of the United States or as commissioned officers, regular, temporary, or reserved, of the Navy or Marine Corps at some time between April 6, 1917, and November 11, 1918, shall be entitled to receive the pay of retired warrant officers of the Army; and retired enlisted men of the Regular Navy and Marine Corps heretofore or hereafter retired who served honorably as commissioned officers, regular, temporary, or reserve, in the military or naval service at some time between the aforesaid dates, and who at the time of their retirement were members of the Regular Navy or Marine Corps, shall be entitled to receive the pay of retired warrant officers of the Navy and Marine Corps, respectively: Provided, That such enlisted man retired prior to July 1, 1922, shall be entitled to receive the pay provided by law for retired warrant officers of equal length of service retired prior to that date, and that any such enlisted man retired subsequent to June 30, 1922, shall be entitled to receive the pay provided by law for retired warrant officers of equal length of service retired subsequent to that date: Provided further, That nothing in this Act shall operate to prevent any person from receiving the pay and allowances of his grade, rank, or rating on the retired list when such pay and allowances exceed the pay to which he would be entitled under this Act by virtue of his commissioned service. Part 10, sec. 127a, added to act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 786); sec. 8, act of June 6, 1924 (43 Stat. 472); act of June 24, 1936 (49 Stat. 1900); 10 U. S. C. 981; 34 U. S. C. 999.

The effect of the amendment of June 6, 1924, is to nullify certain decisions and opinions that the privilege given to enlisted men who had served as commissioned officers, by the original enactment, was limited to those enlisted men who had retired prior to or during the World War.

Notes of Decisions

Mc

An enlisted man in the Regular Army, retired January 27, 1913, with pay, after thirty years' service, who subsequently ac cepted a commission and served as a first lieutenant in the National (Emergency) Army from June 2, 1917, until his honorable discharge on December 30, 1920, and who, upon application, was granted retirement in 1928, with pay, under the Emergency Officers' Retirement Act of May 24, 1928, for perma nent physical disability of more than 30 percent incurred in his commissioned service, is not entitled to the retired pay of both serv ices and retirements.

In general.-Retired enlisted men serving | rel. Bowling v. Hines (App. D. C., 1931), under temporary commissions during World 50 F. (2d) 330. War received retired pay of warrant officers under earlier act only on discharge. Kenzie v. U. S. (1927), 63 Ct. Cl. 472. Character of service.-Plaintiff served as a commissioned officer in the Army August 26, 1918, to June 14, 1919, when he was dismissed pursuant to sentence of a general court-martial. On June 22, 1919, he reenlisted as a private and was retired as a first sergeant December 17, 1923, with character excellent. Held, that he was not entitled to the retired pay of warrant officer under this section, given to enlisted men who had served honorably as commissioned officers "at some time between April 6, 1917, and November 11, 1918." Monahan v. U. S. (1932), 76 Ct.

Cl. 516.

Retirement pay and compensation for injuries in the line of duty, like pensions, are bounties or gratuities by the Government in recognition of services rendered; and the Dual benefits.-Decisions of Director of legislative history of gratuities granted by Veterans' Bureau that veteran could not col- Congress shows a clear and unmistakable lect both pay of retired enlisted man and of intention that a recipient shall not enjoy retired emergency officer held not arbitrary or more than one at the same time. Pate v. capricious, precluding mandamus. U. S. ex U. S. (1933), 78 Ct. Cl. 395.

1398. Longevity pay; officers below grade of brigadier general-Every officer paid under the provisions of this section shall receive an increase of 5 per centum of the base pay of his period for each three years of service up to thirty years:

Provided, That the base pay plus pay for length of service of no officer below the grade of colonel of the Army, captain of the Navy, or corresponding grade, shall exceed $5,750. Sec. 1, act of June 10, 1922 (42 Stat. 626); 37 U. S. C. 3. That notwithstanding the suspension during the fiscal years 1933, 1934, and 1935 of the longevity increases provided for in the tenth paragraph of section 1 of the Pay Adjustment Act of 1922, the personnel (active or retired) so affected shall be credited with service rendered subsequently to June 30, 1932, in computing their active or retired pay accruing subsequently to June 30, 1935: Provided, That this section shall not be construed as authorizing the payment of back longevity pay for the fiscal years 1933, 1934, and 1935 which would have been paid during such years but for the suspension aforesaid. Act of June 13, 1935 (49 Stat. 339); 37 U. S. C. 3a.

The suspension referred to was prescribed by section 201, act of June 30, 1932 (47 Stat. 403), and continuing acts.

R. S. 1262, which grants commissioned officers a longevity increase of 10 percent of their current yearly pay for each five years' service, and R. S. 1263, which limits the total increase for length of service to 40 percent of the yearly pay of the grade, now are applicable only to officers who, by virtue of the saving clause in the act of June 10, 1922 (1515, post), are still paid under the act of May 11, 1908 (35 Stat. 108).

1399. Longevity 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 length of service of any officer of the Army. Sec. 6, act of Aug. 24, 1912 (37 Stat. 594); 10 U. S. C. 684.

Provided, That hereafter longevity pay for officers in the Army, Navy, Marine Corps, Coast Guard, Public Health Service, and Coast and Geodetic Survey shall be based on the total of all service in any or all of said services. Sec. 11, act of May 18, 1920 (41 Stat. 604); 10 U. S. C. 683; 14 U. S. C. 127a; 33 U. S. C. 864a; 34 U. S. C. 879b; 42 U. S. C. 62.

In determining

* increase of pay for length of service

ac

tive duty performed while under appointment from the United States Government, whether in the Regular, provisional, or temporary forces, shall be credited to the same extent as service under a Regular Army commission. Par. 6, sec. 127a, added to act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); 10 U. 8. C. 683a.

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. Sec. 1, act of June 10, 1922 (42 Stat. 627); 37 U. 8. C. 4.

A provision similar to the first paragraph of the text bars counting for any purpose on the length of service of an officer of the Navy, Marine Corps, Coast and Geodetic Survey, or Public Health Service, appointed to either academy after March 4, 1913, the time spent at either academy. Act of Feb. 11, 1925 (43 Stat. 872).

The fourth paragraph of this section as published in the 1929 Edition, based on War Department appropriation acts of June 7, 1924 (43 Stat. 481); February 12, 1925 (43 Stat. 896); and April 15, 1926 (44 Stat. 257); 10 U. S. C. 684, is omitted as expired. The first

136307-40-43

paragraph, above, should be substituted therefor. (J. A. G. 010.3, November 12, 1929, page 119.)

The fifth paragraph, based on section 1, act of September 14, 1922 (42 Stat. 841); 10 U. S. C. 902, is omitted as executed.

Notes of Decisions

Service as clerk.-Under the second para- | words "officers in the service" as used in graph of this section, a warrant officer of the Coast Guard is entitled to have included for longevity pay purposes his previous service as clerk to the commandant at a naval station. Cartwright v. U. S. (1932), 74 Ct. Cl. 186.

Service by the plaintiff, a retired Army officer, following his honorable discharge as an enlisted man in 1902, in positions in the Quartermaster Department of the Army in which the fundamental scope of his duties was clerical in nature and in which he could not have been required to bear arms and serve in the ranks as an enlisted man, subject to Army discipline and exposed to the hazards of such service, cannot be counted as Army service for longevity pay purposes. Pertinent cases considered and applied or differentiated. Scholl v. U. S. (1936), 82 Ct. Cl. 606.

"Officers in the service" defined.

The

the second sentence of the fourth paragraph of this section mean commissioned officers, and a warrant officer given a commission in 1924 is entitled to count only his commissioned service in computing base and longevity pay. Allen v. U. S. (1929), 67 Ct. Cl. 558.

Service at Military Academy.-An officer retired in 1923, called into service in 1927 and then retired at a higher rank, is not entitled to claim longevity for his service at the Military Academy under first paragraph, supra. Hoffman v. U. S. (1928), 66 Ct. Cl. 452.

Officers discharged and recommissioned.-Captain demoted to first lieutenant in third pay period is not entitled after such period to increase of longevity pay which would have resulted if service in lower grade were counted as that of captain. Eagle v. U. S. (1927), 63 Ct. Cl. 157.

1400. Longevity pay; officers of the Medical Department. That for the purposes of promotion, longevity pay, and retirement there shall be credited to officers of the Veterinary Corps, and former officers of the Veterinary Corps now on the retired list, all full-time service rendered by them as veterinarians in the Quartermaster Department, Cavalry, or Field Artillery: Provided, That no back pay or allowances shall be held to have accrued prior to the passage of this Act. Act of Feb. 12, 1936 (49 Stat. 1137); 10 U. S. C. 145a–1.

A less comprehensive provision contained in section 1, act of June 28, 1930 (46 Stat. 829); 10 U. S. C. 145a, is omitted as superseded by the above section.

1401. Longevity pay; warrant officers.-Existing laws authorizing continuousservice pay for each five years of service are hereby repealed, effective June 30, 1922. Commencing July 1, 1922, warrant officers of the Army and Marine Corps, **** shall receive, as a permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of service in any of the services mentioned in the title of this Act not to exceed 25 per centum. Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

1402. For text of this section as published in the 1929 Edition, see 130, ante. 1403. Longevity pay; warrant officers, Army Mine Planter Service.And provided further, That in computing officers

longevity pay for warrant

* authorized by this chapter, service on boats in the service of the Quartermaster Department of the Quartermaster Corps prior to the passage of this Act shall be counted: Ch. IX, act of July 9, 1918 (40 Stat. 882);

10 U. S. C. 276.

Existing laws authorizing continuous-service pay for each five years of service are hereby repealed, effective June 30, 1922. Commencing July 1, 1922, warrant officers of the Army Mine Planter Service * shall receive, as permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of service in any of the services mentioned in the title of this

Act not to exceed 25 per centum. Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

For 1929 text of this section, which is no longer operative, see 14, ante.

1404. Longevity pay; enlisted men.-Existing laws authorizing continuousservice pay for each five years of service are hereby repealed, effective June 30, 1922. Commencing July 1, 1922, * enlisted men of the Army and Marine Corps shall receive, as a permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of service in any of the services mentioned in the title of this Act not to exceed 25 per centum, Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13.

Before the act of May 11, 1908, pay on reenlistment and continuous-service pay were provided for by R. S. 1282-1284, and subsequent acts, especially sec. 3, act of Aug. 1, 1894 (28 Stat. 216). All such provisions previous to said act of May 11, 1908, were superseded by its provisions, and R. S. 1284 was repealed by a further provision thereof (35 Stat. 110). This section repealed the act of May 11, 1908 (35 Stat. 109), providing for continuousservice pay and provisions of said act, and of sec. 27, act of June 3, 1916 (39 Stat. 186), prescribing, among other things, that three years should be counted as an enlistment period in computing continuous-service pay.

1405. Longevity pay of enlisted men; commissioned service counted.-* Provided, That all enlisted men of the Regular Army who served as commissioned officers of United States Volunteers organized in eighteen hundred and ninety-eight and eighteen hundred and ninety-nine, or who have served or may be now serving as such in the Puerto Rico Provisional Regiment or in the Philippine Scouts, who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous-service *. Act of Mar. 2, 1903 (32 Stat. 934).

pay

Provided, That all enlisted men of the Regular Army who have been appointed commissioned officers of Philippine Scouts subsequent to March second, nineteen hundred and three, or who may hereafter be so appointed, and who, upon their muster out, have returned or may return to the ranks of the Regular Army, shall have such period of service counted as if it had been rendered as enlisted men, and that they be entitled to all continuous service pay Act of June 12, 1906 (34 Stat. 248); 10 U. S. C. 954.

That all enlisted men of all the services mentioned in the title of this Act who serve as warrant or commissioned officers in any of said services, including adjunct forces thereof, shall be credited with all active service so performed during the period from April 6, 1917, to December 31, 1921, in the computation of their enlisted service for longevity-pay purposes, and shall be paid accordingly. Sec. 10, act of June 10, 1922 (42 Stat. 630); sec. 3, act of May 31, 1924 (48 Stat. 251); 37 U. S. C. 18.

The War Department has recommended the express repeal of the first and second paragraphs of this section, based on act of March 2, 1903 (32 Stat. 934), and act of June 12, 1906 (34 Stat. 248); 10 U. S. C. 954, respectively, as serving no useful purpose (J, A.. G. 010.3, October 20, 1930, page 77).

1406. For text of this section as published in the 1929 Edition, see 186, ante.

1407. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 312) that the third paragraph, based on sec. 1, act of June 10, 1922 (42 Stat. 626), 37 U. S. C. 3, be omitted as superseded. It has been omitted from the Military Laws.

For other provisions of the 1929 text, see 1383a, ante.

1408. For text of this section as published in the 1929 Edition, see 1383a, 1388, ante.

1409. The first paragraph of the 1929 text of this section is omitted as superseded. See note to 1407, ante. For second paragraph, see 1393, ante.