1468. Allowances to officers on discharge; travel expense. By act of May 2, 1940 (54 Stat. 176), officers and enlisted men of the volunteer army who were held in service in the Philippines in 1899 without being discharged and recommissioned or reenlisted, and therefore not eligible for the benefits of the second proviso of this section, were given the travel pay and subsistence allowance provided by R. S. 1289 and 1290 as then in effect. That each enlisted man of the first, second, or third grade of the Army of the United States in the active military service of the United States, having a dependent as defined in sections 8 and 8a, title 37, United States Code, shall, under such regulations as the President may prescribe, be entitled to receive, for any period during which public quarters are not provided and available for his dependent, the money allowance for quarters authorized by law to be granted to each enlisted man not furnished quarters in kind. Act of Oct. 17, 1940 (54 Stat. 1205); 37 U. S. C. 19a. The above provision is added as a new paragraph of this section. For sections 8 and 8a, Title 37, United States Code, see 1484, ante. Executive Order No. 7293, February 14, 1936, governing quarters and subsistence allowances to enlisted men not furnished same in kind, was further amended by Executive Orders No. 8107, May 3, 1939, and No. 8440, June 12, 1940. 1503. Ration; components. Executive Order No. 5952, November 23, 1932, fixing components of the Army ration, was further amended by Executive Order No. 8333, January 25, 1940. 1506. Rental allowance; officers below grade of brigadier general. Notes of Decisions Quarters assigned and occupied.-Where an officer's dependents resided continuously in public quarters assigned to another officer of the Navy, and the officer himself occupied public quarters or was granted an allowance for an officer without dependents, being put to no expense in providing quarters for his dependents, or for himself, for which he has not been reimbursed it is held that he is not entitled to rental allowances for his dependents. Byrne v. U. S. (1938), 87 Ct. Cl. 241. Commutation for quarters is reimbursement for expenses paid by an officer for private quarters when the Government is unable to furnish him public quarters; it is 1531. Transportation of dependents. Odell v. not part of the pay of an officer. Quarters inadequate.-Where Army officer, with dependent mother, was assigned bachelor quarters, it is held that he was entitled to commutation for quarters on the basis of the difference between quarters to which he was assigned and quarters to which he was entitled. Levi L. Beery v. U. S. (1938), 87 Ct. Cl. 557. Commutation for quarters is reimbursement for expense paid by him for private quarters when the Government fails to furnish him public quarters. Bell, Admr., v. U. S., 65 Ct. Cl. 182, distinguished. Id. For an additional amount for travel of the Army, comprising the same objects specified under this head in the Military Appropriation Act, 1940, including travel of dependents of retired personnel when ordered to active duty and upon relief therefrom, $2,724,444. Sec. 1, emergency supplemental appropriation act of Feb. 12, 1940 (54 Stat. 24). The above provision is added as a new paragraph of this section. It has been repeated in subsequent appropriation acts. 1531a. Transportation of effects. Army transportation: For an additional amount for Army transportation, comprising the same objects specified under this head in the Military Appropriation Act, 1940, $21,962,564, such sum to be available for packing, crating, and transportation of authorized baggage and household effects of retired personnel when ordered to active duty and upon relief therefrom. Sec. 1, emergency * * * supplemental appropriation act of Feb. 12, 1940 (54 Stat. 24). The above provision is added as a new paragraph of this section. in subsequent appropriation acts. 1531b. Transportation of motor vehicles. It has been repeated "10 U. S. C. 824" should be added to the citation to the first paragraph of this section. The second paragraph of this section has been repeated in subsequent appropriation acts. 1537a. Actual expenses; military observers on duty abroad. The second paragraph of this section has been repeated in subsequent appropriation acts. 1537b. Actual expenses; officers on duty with American Battle Monuments Commission. This provision has been repeated in subsequent appropriation acts. 1537f. Actual expenses; travel by commercial aircraft. By act of July 14, 1939 (53 Stat. 1000), certain payments for airplane transportation made to officers and employees prior to December 10, 1935, were validated. 1542. Actual expenses or per diem; travel in connection with aerial surveys.— To cover actual additional expenses to which flyers are subjected when making aerial surveys, hereafter a per diem of $7 in lieu of other travel allowances shall be paid to officers, warrant officers, and enlisted men of the Army, Navy, and Marine Corps for the actual time consumed while traveling by air, under competent orders, in connection with naval aerial surveys and flight checking of Hydrographic Office aviation charts, and aerial surveys of rivers and harbors or other governmental projects, and a per diem of $6 for the actual time consumed in making such aerial surveys, or flight checking of Hydrographic Office aviation charts. The per diem authorized in connection with naval aerial surveys and flight checking of Hydrographic Office aviation charts shall be paid from the appropriation 'Pay, subsistence, and transportation of naval personnel'. The per diem authorized in connection with aerial surveys of rivers and harbors or other governmental projects shall be paid from appropriations available for the particular improvement or project for which the survey is being made: Provided, That not more than one of the per diem allowances authorized in this section shall be paid for any one day: And provided further, That Naval and Marine Corps personnel shall not be entitled to the allowances authorized by this section when naval tender facilities or the equivalent thereof are available while traveling by air or in the area where the naval survey or flight checking duties are performed. Sec. 5, act of Mar. 3, 1925 (43 Stat. 1190); act of May 31, 1940 (54 Stat. 229); 10 U. S. C. 306; 34 U. S. C. 893. This section has been amended as above. 1542a. Travel in connection with procurement of aircraft.-For Air Corps, Army, $109,995,957, which sum may be used for the travel of officers and enlisted men of the Air Corps by air in connection with the administration of this appropriation, including travel by air or rail required in connection with the transportation of new aircraft from factory to first destination *. Third supplemental national defense appropriation act of Oct. 8, 1940 (54 Stat. 968). 1542b. Travel in connection with the Selective Service system. * * * Provided, That the travel of persons engaged in the administration of the Selective * * Service System, including commissioned, warrant, or enlisted personnel of the Army, Navy, Marine Corps, or their reserve components, may be ordered by the Director or by such persons as he may authorize, and persons so traveling shall be entitled to transportation and subsistence or per diem in lieu of subsistence, at rates authorized by law. Third supplemental national defense appropriation act of Oct. 8, 1940 (54 Stat. 971). 1552. Travel expense; attendance at horse shows, etc. Participation of personnel and animals of the Regular Army in the Twelfth Olympic Games was authorized by act of April 10, 1939 (53 Stat. 572). PAY AND ALLOWANCES, NATIONAL GUARD, ORGANIZED RESERVES, AND CIVILIANS IN MILITARY TRAINING Active duty pay; reserve and National Guard Transportation: officers, 1553. Pay and allowances: Encampments, maneuvers, or other exer- Assemblages for instruction, 1559. Duty in connection with national matches, 1561. Drill and administrative Guard: Of dependents of reserve officers, 1578a. Mileage; reserve officers, 1579. National Guard and Organized Reserves, Civilians, 1589. pay, National Payments to recipients of pension, disability or retirement benefits, 1598. Officers and warrant officers, 1569. 1553. Active duty pay; reserve and National Guard officers. The second supplemental national defense act of September 9, 1940 (54 Stat. 874), makes the appropriation "Organized Reserves" for the fiscal year 1941 available for the pay and allowances of reserve officers detailed for duty with the Reserve Officers' Training Corps. 1558. Pay and allowances while engaged in encampments, maneuvers, or other exercises; National Guard and National Guard Reserve. * * The pay of enlisted men of the sixth grade of the National Guard for each day of participation in exercises under sections 94 * * of the National Defense Act, shall be $1.20. Sec. 12(c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23. The above provision is added as a new paragraph of this section. By section 12(f), act of September 16, 1940, it is effective October 1, 1940. It supersedes in part the third paragraph of the original text. Section 1, military appropriation act of June 13, 1940 (54 Stat. 371) provides a ration allowance for members of the National Guard participating in voluntary field training without pay. 1559. Pay and allowances while attending assemblages for instruction; National Guard. * * * * 97 * * The pay of enlisted men of the sixth grade of the National Guard for each day of participation in exercises under sections of the National Defense Act, shall be $1.20. Sec. 12(c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23. The above provision is added as a new paragraph of this section. By section 12(f), act of September 16, 1940, it is effective October 1, 1940. It supersedes in part the second paragraph of the original text. 1560. Pay and allowances while attending service schools or courses of instruction; National Guard. * The pay of enlisted men of the sixth grade of the National Guard for each day of participation in exercises under sections * * * 99 of the National Defense Act shall be $1.20. Sec. 12 (c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23. The above provision is added as a new paragraph of this section. By section 12 (f), act of September 16, 1940, it is effective October 1, 1940. It supersedes in part the second paragraph of the original text. 1561. Pay and allowances while on duty in connection with national matches; National Guard and Organized Reserves. This provision has been repeated in subsequent appropriation acts. 1569. Drill and administrative pay; officers and warrant officers of the National Guard.—Under such regulations as the Secretary of War may prescribe, officers and warrant officers of the National Guard, except general officers, 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, period of appropriate duty, or other equivalent period of training, authorized by the Secretary of War, not exceeding eight in any one calendar month and not exceeding sixty in any one fiscal year, at which they shall have been engaged for the entire period of not less than one and one-half hours: Provided, That such pay shall be in addition to compensation for attendance at field- or coast-defense instruction or maneuvers, and that nothing in this Act shall operate to reduce the present pay of majors and lieutenant colonels. General officers shall receive $500 a year in addition to compensation for attendance at field- or coast-defense instruction or maneuvers, for satisfactory performance of their appropriate duties. 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 of law to the full rate of his base pay prescribed in section 3 or section 9, as the case may be, of the Pay Readjustment Act of June 10, 1922: Sec. 109, act of June 3, 1916 (39 Stat. 209); sec. 47, act of June 4, 1920 (41 Stat. 783); sec. 3, act of June 3, 1924 (43 Stat. 364); sec. 3, act of Oct. 14, 1940 (54 Stat. 1136); 32 U. S. C. 143, 148. The first paragraph of the original text of this section has been amended as above. 1570. Drill pay; enlisted men of the National Guard. * The pay of enlisted men of the sixth grade of the National Guard for each armory drill period, * * * shall be $1.20. Sec. 12(c), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 23. The above provision is added as a new paragraph of this section. By section 12 (f), act of September 16, 1940, it is effective October 1, 1940. It supersedes in part the second paragraph of the original text. |