Nurses

1508. Rental allowance; members of Army Nurse Corps.--*

shall be entitled to * * the same allowance for rental of quarters as is authorized in section 6 of this Act for officers receiving the pay of the first period. Sec. 13, act of June 10, 1922 (42 Stat. 631); 37 U. S. C. 22.

*

1510. Retention of pay; loss of service records.Provided, That the pay due enlisted men of the Army shall not be withheld from them by reason of the fact that their service records or other official papers showing the status of their accounts with respect to pay have been lost or not returned from overseas and, under such regulations as may be prescribed by the Secretary of War, these men may be paid upon their personal affidavit as to date of last payment and condition of their accounts: Provided further, That payments made in accordance with such regulations (or which have already been made upon the affidavit of the soldier) shall be passed by the accounting officers of the Treasury to the credit of the disbursing officers making them. Act of July 11, 1919 (41 Stat. 110); 10 U. S. C. 863.

1511. Retention of pay restricted.

* Provided, That hereafter no pay shall be retained, but this provision shall not apply to deductions authorized on account of the Soldiers' Home. Act of Mar. 16, 1896 (29 Stat. 60).

The additional pay for length of service, and part of the reenlistment pay, provided for by R. S. 1281, 1282, were, by those sections, to be retained until discharged from the service. A provision for retaining part of the monthly pay for the first year of enlistment, contained in sec. 1, act of June 16, 1890 (26 Stat. 157), was repcaled by act of Feb. 12, 1895 (28 Stat. 655).

Deductions from pay on account of the soldiers' home were authorized by R. S. 4819, but so much of that section as pertained to said deduction was repealed by a provision of the act of June 12, 1906 (34 Stat. 242), a similar provision being found in the act of May 11, 1908 (35 Stat. 110). For current provision, see 1126, ante.

By 371, ante, summary courts-martial are authorized to impose detention of pay.

No recommendation for inclusion of this section in the United States Code has been made (Memo. J. A. G., Oct. 9, 1930).

1512. Repayment of detained pay.

*

Provided, That hereafter sums

known as detained pay, which have already been or may hereafter be withheld from the monthly pay of enlisted men of the Army in obedience to courtmartial sentences, shall, when repaid, become a charge against the fund "pay of the Army" for the year in which said enlisted men have been or may be discharged. Act of Aug. 6, 1894 (28 Stat. 236); 31 U. S. C. 650.

1513. Retired personnel on active duty.-* Provided, That retired offi cers of the Army above the grade of major, heretofore or hereafter assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States: Provided further, That a colonel or lieutenant colonel so assigned shall receive the full pay and allowances of a major on the active list. Act of March 2, 1905 (33 Stat. 831); 10 U. S. C. 973a, 995.

* Retired officers of the Army, Navy, Marine Corps, Coast Guard, and Coast and Geodetic Survey below the grade of brigadier general or commodore and retired warrant officers and enlisted men of those services, shall, when on active duty, receive full pay and allowances, and when on active-duty status,

shall have the same pay and allowance rights while on leave of absence or sick as officers on the active list, and if death occurs when on active-duty status, while on leave of absence or sick, their dependents shall not thereby be deprived of the benefits provided in Act approved December 17, 1919, as amended, and in the Act of June 4, 1920: Provided, That no back pay or allowances shall accrue by reason of the passage of this Act. Sec. 17, act of June 10, 1922 (42 Stat. 632); act of May 26, 1928 (45 Stat. 774) ; 37 U. S. C. 26; 14 U. S. C. 163. Sec. 24, act of June 3, 1916 (39 Stat. 183), as amended by sec. 4, act of July 9, 1918 (40 Stat. 890), provided that retired officers on active duty should receive the rank, pay, and allowances of the grade, not above colonel, that they would have attained in due course of promotion had they remained on the active list for a period beyond the date of their retirement equal to the total amount of time during which they had been detailed on active duty since their retirement. While this provision was stricken out by sec. 24, act of June 4, 1920 (41 Stat. 771), it was reinserted by sec. 51 of the same act as part of sec. 127a, ante, 1383a. Said sec. 24, as originally enacted, also provided that in time of war retired officers on active duty should receive the full pay and allowances of their grades, which provision is now found in said section 51. See 224, ante.

The first paragraph of the 1929 text of this section, based on section 40b, National Defense Act (41 Stat. 777); 10 U. S. C. 386, is omitted as superseded by the second paragraph, supra.

The first paragraph supra, while superseded as to officers below the grade of brigadier general by the second paragraph, still governs the active duty pay of retired brigadier generals, major generals, and lieutenant generals. (J. A. G. 010.3, October 20, 1930, page 78; July 10, 1931, page 70.)

Notes of Decisions

Date of termination.-Plaintiff's decedent, to the time the board made its report, and a retired rear admiral, recalled to active not merely to the time the board ended its duty to serve as member of an advisory sittings. National Savings & Trust Co., board, held to have been on active duty up Exer. v. U. S. (1932), 76 Ct. Cl. 268. 1514. For text of this section as published in the 1929 Edition, see 1469, ante.

1515. Saving clauses.-That nothing contained in this Act shall operate to reduce the pay or allowances of any officer or enlisted man on the active or retired list: Provided, That the allowances and gratuities now authorized by existing law are not changed hereby, except as otherwise specified in this Act. Sec. 14, act of May 18, 1920 (41 Stat. 604); 10 U. S. C. 683, 756; 14 U. S. C, 127a; 33 U. S. C. 864a.

That nothing in this Act shall operate to change in any way existing laws, or regulations made in pursuance of law, governing pay and allowances of the General of the Armies, the enlisted men of the Philippine Scouts, Marine Band, Naval Academy Band, Indian scouts, or flying cadets; nor the allowances in kind for rations, quarters, heat, and light for enlisted men; nor allowances in kind for quarters, heat, and light for officers and warrant officers; nor allowances for private mounts for officers; nor transportation in kind for officers and warrant officers and enlisted men and their dependents; nor transportation and packing allowances for baggage or household effects of officers and warrant officers and enlisted men; nor additional pay for aids; nor extra pay to enlisted men serving as stenographic reporters, or employed as cooks or messmen, or mail clerks, or assistant mail clerks, or engaged in submarine diving or service on submarines; nor money allowances granted to enlisted men on account of awards of medals or decorations expressly authorized by Congress:

Sec. 21, act of June 10, 1922 (42 Stat. 633); sec. 5, act of May 31, 1924 (43 Stat. 251); 10 U. S. C. 912; 37 U. S. C. 30.

That nothing contained in this Act shall operate to reduce the pay of any officer on the active list below the pay to which he is entitled by reason of his grade and length of service on June 30, 1922, not including additional pay authorized by the Act entitled "An Act to increase the efficiency of the commis

sioned and enlisted personnel of the Army, Navy, and Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved May 18, 1920; and nothing contained in this Act shall operate to reduce the total of the pay and allowances which any enlisted man of the Army, Navy, Marine Corps, or Coast Guard is now receiving during his current enlistment and while he holds his present grade or rating. Sec. 16, act of June 10, 1922 (42 Stat. 632) ; 37 U. S. C. 25.

** Provided, That nothing contained in this Act shall operate to reduce the present pay of officers, warrant officers, and enlisted men now on the retired list or officers or warrant officers in an equivalent status of any of the services mentioned in the title of this Act: Provided, That the pay saved to an officer by section 16 of this Act or by the Act of September 14, 1922, shall be construed as the pay provided in this Act for the purpose of computing retired pay. Sec. 17, act of June 10, 1922 (42 Stat. 632); sec. 6, act of May 31, 1924 (43 Stat. 252); 37 U. S. C. 26.

* Provided, That nothing in this Act shall operate to reduce the pay of any officer or warrant officer now on the retired list. Sec. 1, act of May 8, 1926 (44 Stat. 417); 37 U. S. C. 26a.

The preceding pay act, largely superseded by the act of June 10, 1922, is act of May 11, 1908 (35 Stat. 108).

For limitation on continuance of issue of heat or light in kind to person receiving a rental allowance under this section, see 1458, ante.

A proviso, added to the second paragraph of the text by the amendatory act of May 31, 1924, concerns only the Naval Academy Band and is omitted.

While retired enlisted men who served honorably as commissioned officers between Apr. 6, 1917, and Nov. 11, 1918, are entitled to the pay of retired warrant officers, the act so providing is not to be construed to work a reduction in their pay and allowances. See 1397, ante.

Notes of Decisions

In general.-The increase of pay to an enlisted man under Sec. 3, act of May 18, 1920 (now repealed), is not to be included· as determining whether his pay was reduced by a promotion, under third paragraph of this section. Allen v. U. S. (1929), 67 Ct. Cl. 558.

A warrant officer who has accepted the rate provided by 1376, ante, cannot, on later receiving a commission, revive the rate of pay he was receiving at the time of receiving the new rate. Id.

he might thereafter be promoted. U. S. v. Yates (D. C., 1932), 58 F. (2d) 368.

Section 14 of the act of May 18, 1920, providing that nothing contained in the act "shall operate to reduce the pay or allowances of any officer or enlisted man on the active or retired list * * *," applied only to those who already held the appointment for which they claimed pay in accordance with the act of October 6, 1917. Legg v. U. S. (1930), 71 Ct. Cl. 68.

Retired officers.-Where before the effective A saving clause in the act of May 13, date of the act of June 10, 1922, a major 1908 (35 Stat. 127, 128), to the effect that of the Army on the retired list on active duty nothing therein should be construed to re- is receiving pay under the act of May 11, duce pay or allowances then authorized by 1908, and sec. 1262, Revised Statutes, which law, saved only the right to pay actually is higher than provided for in the act of being received by a Navy officer at the time June 10, 1922, section 17 thereof prevents the law became effective, and did not give application of the reduced pay. Rudd v. him the old rates of pay in a grade to which U. S. (1931), 71 Ct. Cl. 432.

1516. Stoppage of pay; arrears to the United States.-No money shall be paid to any person for his compensation who is in arrears to the United States until he has accounted for and paid into the Treasury all sums for which he may be liable. In all cases where the. pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forthwith to the Solicitor of the Treasury the balance due; and the solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his sureties. R. S. 1766; 5 U. S. C. 82.

The pay of officers of the Army may be withheld under section seventeen hundred and sixty-six of the Revised Statutes on account of an indebtedness to the United States admitted or shown by the judgment of a court, but not otherwise unless upon a special order issued according to the discretion of the Secretary of War. Act of July 16, 1892 (27 Stat. 177); 10 U. S. C. 877.

By 1646, post, the powers and duties of the "accounting officers of the Treasury” were transferred to the General Accounting Office.

Notes of Decisions

Arrearages for which pay can be with- | Navy consenting to the Navy Department held. Compensation of disbursing officers of checking alleged overpayments in allowances Navy failing properly to account for public may not seek the aid of a court of equity, funds may be withheld. (1928) 35 Op. Atty. twenty months later, to undo what he had Gen. 370. in effect consented should be done. McCarl v. Brock (App. D. C., 1931), 50 F. (2d) 501.

Overpayments received.-An officer of the 1517. Stoppage of pay; deficiency or damage of military stores. In case of deficiency of any article of military supplies, on final settlements of the accounts of any officer charged with the issue of the same, the value thereof shall be charged against the delinquent and deducted from his monthly pay, unless he shall show to the satisfaction of the Secretary of War, by one or more depositions setting forth the circumstances of the case, that said deficiency was not occasioned by any fault on his part. And in case of damage to any military supplies, the value of such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such damage was not occasioned by any fault on his part. R. 8. 1304; 10 U. S. C. 872.

Any officer who suffers military stores to be lost, spoiled, or damaged was punishable therefor under A. W. 15, R. S. 1342, which article was superseded by new A. W. 83, ante, 441.

Provisions relating to the making of property returns by officers were made by act of March 29, 1894, ante, 113.

Provisions relating to the taking and effect of oaths and affidavits on settlement of officers' accounts were made by R. S. 225, ante, 1338, 116.

By act of January 31, 1931 (46 Stat. 1045), approval was given to the action of the Executive in issuing Army supplies for the relief of Mississippi River flood sufferers, in 1927, and credit was allowed in settlement of accounts of officers of the Army.

Expenditure of funds and issue of supplies and equipment for relief of sufferers by flood of the Ohio and Mississippi Rivers in January and February, 1937, were ratified and validated by act of March 5, 1938 (52 Stat. 93).

Notes of Decisions

In general. While enacted many years | secure the United States as to all its propago, when the duties of quartermaster offi- erty intrusted to all officers of that Army cers were not so numerous or so varied as for which it was providing. Hurley v. they are today, this section was intended to Shanley (App. D. C., 1932), 60 F. (2d) 335.

1518. Stoppage of pay; damage to military stores through negligence.-The cost of repairs or damages done to arms, equipments, or implements shall be deducted from the pay of any officer or soldier in whose care or use the same were when such damages occurred, if said damages were occasioned by the abuse or negligence of said officer or soldier. R. S. 1303; 10 U. S. C. 871.

1519. Stoppage of pay; commissary supplies purchased on credit.--The amount due from any officer for rations purchased on credit, or for any article designated by the inspectors general of the Army and purchased on credit from commissaries of subsistence, shall be deducted from the payment made to such officer next after such purchase shall have been reported to the Paymaster General. R. S. 1299; 10 U. S. C. 875c.

The amount due from any enlisted man for articles designated by the inspectors general of the Army, and sold to him on credit by commissaries of subsistence, shall be deducted from the payment made to him next after such sale shall have been reported to the Paymaster General. R. S. 1300; 10 U. S. C. 875.

The amount due from any enlisted man for tobacco sold to him at cost prices by the United States shall be deducted from his pay in the manner provided for the settlement of clothing accounts. R. S. 1301; 10 U. S. C. 8756.

The Quartermaster's Department was consolidated with the Subsistence Department and the Pay Department, to form the Quartermaster Corps, by sec. 3, act of Aug. 24, 1912 (37 Stat. 591). The Finance Department was created by sec. 9, act of June 4, 1920 (41 Stat. 766), and charged with the duties previously performed by the Pay Department. See 68, 70, ante.

1520. Stoppage of pay; laundry work and supplies furnished recruits.-That traders and laundrymen at depots for recruits in the Army be, and hereby are, authorized to furnish such recruits, on credit, with laundry work and such articles as may be necessary for their cleanliness and comfort, at a total cost not to exceed seven dollars in value per man. That muster and pay rolls be made out showing the amounts the recruits respectively owe to the traders and laundrymen, and signed by them before leaving the depot, and that the traders and laundrymen be paid on such rolls, the amount paid for each recruit to be noted accordingly on the muster and descriptive rolls, in order that it may be withheld, after he joins his company, by the paymaster, at the first subsequent payment, under such rules and regulations as may be adopted by the War Department: Provided, That this provision shall apply only to recruits on their enlistment, and the credit shall only be allowed on the written order of the regular recruiting officer at said station. Sec. 3, act of June 30, 1882 (22 Stat. 122); 10 U. S. C. 873.

This section, while obsolete, should not be omitted from the United States Code pending its express repeal (J. A. G. 010.3, November 12, 1929, page 145).

1520a. Stoppage of pay; overpayments received. That hereafter, whenever upon the statement of the account of any disbursing officer of the United States in the General Accounting Office credit shall have been disallowed for any payment to any person in the executive branch of the Government, otherwise entitled to compensation from the United States or from any agency or instrumentality thereof, such compensation of the payee may be withheld until full reimbursement has been accomplished under such regulations as may be prescribed by the head of the department, branch, or independent establishment (including corporations) under which such payee is entitled to receive compensation: Provided, That nothing contained in this Act shall be construed to repeal or in any way modify existing laws relating to the collection of the indebtedness of accountable or disbursing officers. Act of May 26, 1936 (49 Stat. 1374); 5 U. S. C. 46b.

Notes of Decisions

In general. This section does not permit | count of a disbursing officer, disallowed a the withholding of compensation on account credit prior to the passage of the act. of a payment as to which the General Ac- (Mar. 24, 1937) 39 Op. Atty. Gen. No. 6. counting Office, in its statement of the ac1521. Stoppage of pay of enlisted men on administrative determination.-That under such regulations as the Secretary of War shall prescribe, when it has been administratively ascertained that an enlisted man of the Army is indebted to the United States or any of its instrumentalities, the amount of such indebtedness may be collected in monthly installments by deduction from 136307-40 45