Section 9 of the act of 1916, provides that the United States shall furnish reasonable medical, surgical, and hospital services immediately after "an injury sustained by an employee while in the performance of his duty, whether or not disability has arisen, and for a reasonable time thereafter," thus clearly limiting such services to cases of personal injury. ་་ Forms of certification approved by the former Comptroller of the Treasury were designed to meet the ordinary needs of accounting and do not preclude this office from inquiry in proper cases as to the facts upon which the certification is based. Where a voucher shows disease only as a basis for payment of compensation, or for furnishing medical, surgical, or hospital services, it is entirely reasonable and proper for the auditing division to require certification of the fact of personal injury sustained as the origin of the disability for which the payment has been made, and no credit for the payment will be given until such requirement has been complied with. The memorandum decision is approved accordingly and a copy hereof will be sent to the chairman of the Employees' Compensation Commission. PAY OF EMPLOYEES OF GOVERNMENT PRINTING OFFICE ABSENT ON SATURDAY AFTERNOONS. Section 1389 of the code of the District of Columbia makes every Saturday after 12 o'clock noon a legal holiday in the District of Columbia for all purposes, but there is no statute requiring the Government Printing Office to close on Saturday afternoons throughout the year, or prohibiting the Public Printer from requiring employees to work on Saturday afternoons not included in the summer half-holiday period. Any employee without leave due him who is absent from duty on any Saturday afternoon not included in the said period is not entitled to pay for such afternoon. Decision by Comptroller General McCarl, July 5, 1922. M. A. Bodenhamer applied May 24, 1922, for revision of the action of the Auditor for the State and Other Departments in disallowing by certificate No. 26812, dated June 29, 1921, his claim of $3 for his pay as an employee in the Government Printing Office for Saturday afternoon, October 30, 1920. Claimant states that he was sick and absent from duty without leave of absence due him during the time covered by the claim and received no pay for that day after 12 o'clock noon. He claims pay as for a holiday, citing the provision of the code of the District of Columbia that every Saturday after 12 o'clock noon shall be a holiday in the District for all purposes, 31 Stat., 1404. It is well settled that while every Saturday afternoon is a holiday for all purposes in the District of Columbia, there is no law closing the departments or prohibiting labor on those half days, and that it is competent for heads of departments to require labor for the full day on Saturdays in the District. 25 Op. Atty. Gen. 40. The former Comptroller of the Treasury held accordingly that a claim for pay based upon the legal right of the employees of the departments to exemption from labor in the District of Columbia on Saturday afternoons not included in the summer Saturday halfholiday period must be disallowed. 22 Comp. Dec. 217. I find no statute requiring the Government Printing Office to close on Saturday afternoons the year around, or prohibiting the Public Printer from requiring employees to work on Saturday afternoons not included in the summer half-holiday period. The appropriation for the Government Printing Office for the fiscal year 1921 made by the act of June 5, 1920, 41 Stat., 940, provides for pay for holidays granted by law and for half holidays granted by Executive order, thus specifically defining and limiting the half-holiday pay which employees of that office shall receive. The auditor's disallowance of this claim was in accordance with law. Upon a review of the matter the settlement is sustained. REGRADING RETIRED ENLISTED MEN OF THE ARMY UNDER ACT OF JUNE 10, 1922. In regrading enlisted men of the Army retired prior to July 1, 1920, to conform to the requirements of section 9, of the act of June 10, 1922, 42 Stat. 629, they should be placed in the grades that enlisted men on the active list performing similar duties were placed pursuant to General Order No. 36, of 1920, subject to the application of the principle of paragraph 9 thereof to grades not in existence on June 4, 1920, and not otherwise specifically provided for in the order, and if the retired pay to which such grade would entitle them is less than they were receiving prior to July 1, 1922, they may continue in receipt of the higher pay by virtue of the saving clause in section 17 of said act of June 10, 1922. Comptroller General McCarl to the Secretary of War, July 8, 1922. I have your letter of June 27, 1922, requesting decision whether draft of a proposed general order therewith transmitted, establishing grades of enlisted men on the retired list under the provisions of section 9 of the act of June 10, 1922, 42 Stat., 629, is in accordance with law. The draft of the order is as follows: 1. Grades of retired enlisted men under the act of Congress approved June 10, 1922.-Under the provisions of section 9 of the act of Congress approved June 10, 1922, the President directs that the following changes effective July 1, 1922, be made in the grades of enlisted men now on the retired list: 1. Enlisted men on the retired list of the Army as of the following grades will be designated as first grade (master sergeant): Quartermaster Sergeant, senior grade, Q. M. C. Master Hospital Sergeant, M. D. Master Engineer, senior grade, C. of E. Master Electrician, C. A. C. Master Signal Electrician, S. C. Band Sergeant and Assistant Leader, Band, U. S. M. A. Band Leader, Inf., Cav., Arty., and C. of E. (chief musician). Regimental Sergeant Major, Inf., Cav., F. A., C. of E. Regimental Supply Sergeant, Inf., Cav., F. A., C. of E. (Regimental Sergeant Major, senior grade, C. A. C. Post Ordnance Sergeant. Post Commissary Sergeant. Post Quartermaster Sergeant. 2. Enlisted men on the retired list of the Army as of the following grades will be designated as second grade (technical sergeants or first sergeants): Hospital Sergeant, M. D. Master Engineer, junior grade, C. of E. First Sergeant, Inf., Cav., Arty., and C. of E. Musician, First Class, Band, U. S. M. A. Battalion Supply Sergeant, C. of E. (Battalion Quartermaster Ser- 3. Enlisted men on the retired list of the Army as of the following grades will be designated as third grade (staff sergeants): Sergeant, First Class, M. D. (Hospital Steward and Sergeant First Sergeant, First Class, C. of E., Q. M. C., O. D., and S. C. Battalion Sergeant Major, C. of E. Steward, Mine Planter. Squadron Sergeant Major, Cav. Battalion Sergeant Major, Inf. and F. A. Battalion Supply Sergeant, F. A. (Battalion Quartermaster Sergeant). Assistant Band Leader, Inf., Cav., Arty., and C. of E. (principal Sergeant Bugler, Inf., Cav., Arty., and C. of E. (chief trumpeter). Color Sergeant, Inf., Cav., Arty., and C. of E. 4. Enlisted men on the retired list of the Army as of the following grades will be designated as fourth grade (sergeants): Sergeant, C. of E., O. D., S. Ɑ., Q. M. C., and M. D. (H. C.) Mess Sergeant, C. of E. Supply Sergeant, C of E Stable Sergeant, C. of E. Band Sergeant, Inf., Cav., Arty., and C. of E. Musician First Class, Inf., Cav., Arty., and C. of E. Sergeant, Inf., Cav., and Arty. Mess Sergeant, Inf., Cav., and Arty. Supply Sergeant, Inf. Cav., and Arty. Stable Sergeant, Inf., Cav., and Arty. Cook, Inf., Cav., Arty., C. of E., S. C., Q. M. C., M. D., M. P. (acting cook, H. C.). Fireman, CA. C. Horseshoer, Inf., Cav., Arty., C. of E., S. C., and M. D. General Service Clerk, Class 2. 5 Enlisted men on the retired list of the Army as of the following grades wil be designated as fifth grade (corporals): Band Corporal, Inf., Cav., Arty., and C. of E. Corporal, Inf., Cav., Arty., C. of E., O. D., S. C., Q. M. C., and M. D. (H. C.). Mechanic, C. A. C. Artificer, Inf., Cav., and M. D. (mechanic). Saddler, Inf., Cav., F. A., C. of E., and M. D. Farrier, M. D. 6. Enlisted men on the retired list of the Army as of the following grades will be designated as sixth grade (privates, first class): Private First Class, Inf., Cav., Arty., C. of E., O. D., 8. C., Q. M. Ɑ, and M. D. (H. C.). Private, Band, Inf., Cav., Arty., and C. of E. (musician third class). 7. Enlisted men on the retired list of the Army as of the following grades will be designated as seventh grade (privates): Private, Inf., Cav., Arty., C. of E., S. C., Q. M. C., and M. D. Bugler, Inf., Cav., Arty., and C. of E. (musician and trumpeter). Section 9, after establishing rates of pay for enlisted men of the Army and Marine Corps, provides: 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. Section 17 of the act contains a proviso: 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 Section 4b of the act of June 4, 1920, 41 Stat., 761, provided seven grades of enlisted men for the Army, established the pay of those grades, required the regrading in accordance therewith of all enlisted men then in the Army, and established specialists ratings for men of the sixth and seventh grades (privates, first class, and privates), and contained a proviso: That nothing in this section shall operate rate of pay of any enlisted man now on the retired list. to change the present Effect was given to the provision for regrading the enlisted men on the active list by section I of War Department General Orders No. 36, of June 19, 1920, but no changes were made in the rates of pay of men on the retired list. Under the present law it is necessary to make readjustments on the retired list to determine the pay grade in which men retired in grades no longer existing in the active Army shall be placed. As to enlisted men retired after July 1, 1920, their retired status was fixed by the grade held on retirement. 27 Comp. Dec., 207 and 422. It is noted that it is proposed to pay post ordnance sergeants, post commissary sergeants, and post quartermaster sergeants the pay of the first grade. In 26 Comp. Dec., 831, was discussed the assimilation of discontinued grades on the retired list to grades on the active list, and it was there suggested that two of these grades continued on the active list as ordnance sergeant and quartermaster sergeant and that the duties of the post commissary sergeant were then performed by quartermaster sergeants. In the readjustment then made these grades were assimilated to the fourth of the 12 pay grades of enlisted men of the Army then existing. With respect to quartermaster sergeants, prior to July 1, 1920, there was the grade of quartermaster sergeant, senior grade, and quartermaster sergeant, G. O. 36 placed the first in grade 1 and the second in grade 2. That order also placed 25 per cent of ordnance sergeants in grade 1 and 75 per cent in grade 2. In the reclassification of enlisted men of the discontinued grades mentioned retired prior to July 1, 1920, it is proposed to place them in grade 1; the basis therefor is not apparent. On the information now available they should not be paid as of a grade higher than the second. The same observation may be made of master gunners, Coast Artillery Corps, 50 per cent of whom, under G. O. 36, were to be placed in grade 1 and 50 per cent in grade 3. The proposed general order properly places all on the retired list prior to July 1, 1920, in the third grade. By G. O. 36 all battalion supply sergeants were placed in grade 3. In the proposed general order, battalion supply sergeants, Corps of Engineers, are placed in grade 2. They should be placed in grade 3 as required by G. O. 36 for the active list. It is also noted that musicians, first class, United States Military Academy Band, and stewards, mine planter, are proposed to be placed in grade 3; musicians, first class, Infantry, Cavalry, Artillery, and Corps of Engineers, and firemen, Coast Artillery Corps, in grade 4; and mechanics, Coast Artillery Corps, in grade 5. Under paragraph 9 of Section I of G. O. 36, enlisted men of these grades were required to be regraded as privates, first class, and privates, and given specialists' ratings as therein prescribed. In 27 Comp. Dec., 207, it was held that men so regraded and retired subsequent to July 1, 1920, were entitled only to retired pay based on their grades and were not entitled to have included in the calculation the pay of the specialist rating held at date of retirement. The basis on which it is proposed to place men retired prior to July 1, 1920, in grades not available to them on the active list is not apparent. On the information now available men retired in these grades should be regraded in strict accord with G. O. 36. If after such regrading their retired pay before July 1, 1922, is greater than they would be entitled to under the act of June 10, 1922, they will be entitled to continue in receipt of the higher rates of pay by virtue of the saving clause in section 17 of the act. The same observations are applicable to the grades of saddler sergeant, Cavalry, proposed to be regraded in grade 3; horseshoer, proposed to be regraded in grade 4; artificer, saddler, and farrier, proposed to be regraded in grade 5. In the regrading of men retired prior to July 1, 1920, G. O. 36 must be strictly followed, and no greater benefits can be given this class of men than can under the order be accorded men on the active list; paragraph 9 of Section I can not be overlooked in their favor. That paragraph regraded men performing nonmilitary duties in the grades of private, first class, and private, and where a grade not in existence on June 4, 1920, is not specifically provided for in G. O. 36, the principle established by paragraph 9 must be followed in determining what grade would be assigned a man performing duties |