Service counted, 1875. Warrant officers, 1376. Allowances to enlisted men on discharge: Clothing, 1462. Travel expense, 1463. Allowances to enlisted men discharged for fraudulent enlistment, 1464. Allowances to prisoners, 1466. Allowances to officers on expense, 1468. Warrant officers, Army Mine Planter Serv- Mustering-out pay: ice, 1376a. Chief warrant officers and warrant officers (junior grade), 1376b. Members of the Army Nurse Corps, 1377. Flying cadets, 1379. Enlisted men, 1380. Enlisted men of Philippine Scouts, 1381. General provisions, 1383. Increase for active duty, 1383a. Officers over forty-five years of age when appointed, 1385. Retired warrant officers, 1393. Retired Army nurses, 1395. Retired enlisted men: General provision, 1396. Retired for disability, 1396a. Longevity pay: Officers below grade of brigadier general: General provision, 1398. Service counted, 1399. Warrant officers, 1401. Warrant officers, Army Mine Planter Serv ice, 1403. Enlisted men: General provision, 1404. Commissioned service counted, 1405. Additional pay: For flying, 1415. For parachutists, 1415a. For foreign service, abolished, 1416. For diving duty, 1418. Officers: On field or sea duty prohibited, 1419. Eligibility, 1476a-1. discharge; travel Rates and conditions, 1476a-2. Personnel discharged or relieved from active service prior to effective date of act, 1476a-3. Payment to surviving spouse, children or Assignment, exemption from taxation and Commutation: Of quarters, heat, and light, 1481. Of rations; pilots and enlisted men, 1482. "Dependent" defined, 1484. Deposits by enlisted men, 1485. Enlistment allowance, 1486. Final payment to officers on discharge, 1486a. Major generals and brigadier generals, 1487. Monetary allowance; enlisted men, 1489. Rental allowance: Major generals and brigadier generals, 1505. Officers below grade of brigadier general, 1506. Warrant officers, and warrant officers, Army Mine Planter Service, 1507. Members of Army Nurse Corps, 1508. Retention of pay restricted, 1511. Officers below grade of brigadier general Saving clauses, 1515. in time of war, 1427. Enlisted men: Specially qualified in the use of arms, 1438. Absence due to disease resulting from mis- Allotment of pay, 1450. Allowance of quarters and subsistence in kind: Subsistence allowance: Major generals and brigadier generals, 1522. Warrant officers, and warrant officers, Army Transportation: Of dependents, 1531. Of effects, 1531a. Of motor vehicles, 1531b. 1372. Base pay; general and lieutenant general. The pay of generals and lieutenant generals is now governed by 1371c-7(2), ante. The pay prescribed for the General of the Armies by section 24, act of July 15, 1870 (16 Stat. 320), to which reference is made in the second paragraph of the original text, was $13,500.00 per annum. 1373. Base pay; major generals and brigadier generals. The original text of this section, based on section 8, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 12, was expressly repealed by 1871c-19 (2), ante. The subject-matter is covered by 1371c-7(1), ante. 1374. Base pay; officers below grade of brigadier general.— * * * Provided further, That the discharge and recommission of officers in the next lower grade shall not operate to reduce the pay or allowances which they are now receiving or to deprive them of credit for service now counted for purposes of pay Sec. 1, act of Sept. 14, 1922 (42 Stat. 841); 10 U.S. C. 902. * * The above provision, omitted from the original text, is added as a new paragraph of this section. The original text of this section, based on section 1, act of June 10, 1922 (42 Stat. 625), as amended by act of May 23, 1928 (45 Stat. 719) and act of May 28, 1928 (45 Stat. 788); 37 U. S. C. 1, was expressly repealed by 1371c-19 (2), ante. The subject-matter is covered by 1371c-1 (1), ante. 1375. Base pay of officers; service counted. "10 U. S. C. 684" should be eliminated from the citation to the first paragraph of the original text of this section, based on section 6, act of August 24, 1912 (37 Stat. 594), and "37 U. S. C. 4c" added. The second paragraph, based on section 1, act of June 10, 1922 (42 Stat. 627); 87 U. S. C. 4, was expressly repealed by 1371c-19 (2), ante. The subject-matter is covered by 1371c-1 (4), ante. 1376. Base pay and allowances; warrant officers. The first paragraph of the original text of this section, based on section 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13, was expressly repealed by 1371c-19 (2), ante. The subjectmatter is covered by 1371c-8 (1) (3), ante, which also supersedes the second paragraph, based. on section 4a, added to act of June 3, 1916, by section 4, act of June 4, 1920 (41 Stat. 761); 10 U. S. C. 594, 902a. 1376a. Base pay and allowances; warrant officers, Army Mine Planter Service. And provided further, That the * pay and allowances of warrant officers of the Army Mine Planter Service shall be as now prescribed by law, and warrant officer second assistant enginers shall receive pay and 646631-45-27 allowances, and be entitled to other privileges as now prescribed by law for warrant officer second mates. Act of Oct. 15, 1940 (54 Stat. 1177); 10 U.S. C. 276. * The above is added as a new paragraph of this section. For pay and allowances of temporary warrant officers, Army Mine Planter Service, see 29, ante. The first paragraph of the original text of this section, based on section 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13, was expressly repealed by 1371c-19 (2), ante. The subjectmatter is covered by 1371c-8 (2) (4), which also supersedes the second paragraph of the original text, based on Chapter IX, act of July 9, 1918 (40 Stat. 882); 10 U. S. C. 276. 1376b. Base pay and allowances; chief warrant officers and warrant officers (junior grade).—That hereafter there shall be two grades of warrant officers in the Army of the United States; first, chief warrant officer, who shall receive the same base pay as authorized by existing law for warrant officer, chief engineer, Army Mine Planter Service; and second, warrant officer (junior grade), who shall receive the same base pay and allowances as are authorized by existing law for warrant officers of the Army other than those of the Army Mine Planter Service: Provided, That warrant officers of the Army Mine Planter Service in the grade of master shall receive the same base pay as authorized by existing law. Chief warrant officers shall receive the same money allowances for subsistence and rental of quarters as are authorized by existing laws for officers receiving the pay of the second pay period, and all warrant officers shall receive, as a permanent addition to their pay, an increase of 5 per centum of their base pay for each four years of active service now counted for pay purposes, not to exceed 25 per centum. All warrant officers of the Army shall receive an increase of 50 per centum of their pay when by orders of competent authority they are required to participate regularly and frequently in aerial flights, and when in consequence of such orders they do participate in regular and frequent aerial flights as defined by such Executive orders as have heretofore been, or may hereafter be, promulgated by the President. Sec 1, act of Aug. 21, 1941 (55 Stat. 651); 10 U.S. C. 593a. The above provision is superseded as to base and longevity pay and rental and subsistence allowances of warrant officers and warrant officers, Army Mine Planter Service, by 1371c-8, ante; as to flying pay, by 1371c-18 (1), ante. 1377. Base pay and allowances; members of the Army Nurse Corps. The first paragraph of the original text of this section, based on section 13, act of June 10, 1922 (42 Stat. 621); 37 U. S. C. 22, was expressly repealed by 1371c-19 (2), ante. The subjectmatter is covered by 1371c-13 (1) (2), ante. The original text of this section, based on section 1, act of June 10, 1922 (42 Stat. 627); 37 U. S. C. 5, was expressly repealed by 1371c-19 (2), ante. The subject-matter is covered by 1871c-1 (1), ante. 1379. Base pay and allowances; flying cadets. The original text of this section, based on act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 303, 304, is superseded by 35a-4, ante. 1380. [Repealed] Base pay; enlisted men.-The monthly base pay of enlisted men of the Army and the Marine Corps shall be as follows: Enlisted men of the first grade, $126; enlisted men of the second grade, $84; enlisted men of the third grade, $72; enlisted men of the fourth grade, $60; enlisted men of the fifth grade, $54; enlisted men of the sixth grade, $36; enlisted men of the seventh grade, $30; except that the monthly base pay of enlisted men of the seventh grade with less than four months' service during their first enlistment period and of enlisted men of the seventh grade whose inefficiency or other unfitness has been determined under regulations pre * scribed by the Secretary of War, and the Secretary of the Navy, respectively, shall be $21. * * Sec. 12 (a), act of Sept. 16, 1940 (54 Stat. 895); act of Mar. 28, 1942 (56 Stat. 190); 37 U. S. C. 13a. The original text of this section, based on section 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13, was expressly repealed by section 12 (f), act of September 16, 1940. It was superseded, effective October 1, 1940, by the above provision, which, in turn, was expressly repealed by 1871c-19(2), ante. The subject-matter is covered by 1371c-9(1), ante. 1381. Base pay and allowances; enlisted men of Philippine Scouts. For money allowances of enlisted men of the Philippine Scouts retired for disability, see 1396a, post. The original text of this section, based on section 36, act of February 2, 1901 (31 Stat. 757), as amended by act of May 10,1926 (44 Stat. 496); 10 U. S. C. 334, was superseded by 1371c-11, ante. 1383. Retired pay; officers. Notes of Decisions U. S. (1941), 93 Ct. Cl. 555; certiorari denied (1941), 314 U. S. 653. Where the act under which plaintiff, an officer in the Navy, was retired provided that plaintiff should be retired "with pay and allowances of the fourth pay period, as now Pay and allowances of officers retired under special acts of Congress.-The primary meaning of the word "allowances" has always been construed by both the Navy and the Army to be rental and subsistence, and where Congress has by special act retired an officer of the Navy "with the retired pay and allow-prescribed under existing laws, and with ances" of his rank, he is entitled to recover credit for all service which he is now enthe rental and subsistence allowances of his titled to count in the computation of his pay"; rank. Long v. U. S. (1941), 93 Ct. Cl. 544. it is held that plaintiff is entitled to receive Where a special act of Congress authorized pay and allowances of a retired officer of his the President to place upon the retired list an rank and to be given credit for all service officer of the Marine Corps "with the pay and he is now entitled to count in the computaemoluments" of his grade, it is held that the tion of his pay, but he is not entitled to alword "emoluments" as used in the said act lowances of an officer on the active list which does not include the "allowances" authorized would include rental and subsistence allowby law to be paid an officer of his grade ances. Sweeney v. United States, 82 C. Cls. who is on active duty. Sweeney v. United 640, and Ralston v. United States, 91 C. Cls. States, 82 Ct. Cl. 640, and Ralston v. United 91, distinguished. Robertson v. U. S. (1941), States, 91 Ct. Cl. 91, distinguished. Blair v. 94 Ct. Cl. 61. 1383a. Retired pay of officers; increase for active duty. ** * [This paragraph repealed.] That on and after July 1, 1922, retired officers * * * shall have their retired pay, or equivalent pay computed as now authorized by law on the basis of pay provided in this Act, which pay shall include increases for all active duty performed since retirement in the computation of their longevity pay and pay periods. * ** That in the computation of the retired pay of officers heretofore or hereafter retired with pay at the rate of 22 or 3 per centum of the active-duty pay received by them at the time of retirement multiplied by the number of years of service for which entitled to credit in the computation of their pay on the active list, not to exceed a total of 75 per centum of said active-duty pay, active duty performed by such retired officers subsequent to the date of their retirement shall be counted for the purpose of computing percentage increases in their retired pay. These increases shall be at the rate of 22 or 3 per centum for each year of active duty and a fractional year of six months or more shall be considered a full year in computing the number of years: Provided further, That the increased retired pay of such retired officers shall in no case exceed 75 per centum of the active-duty pay as authorized by existing law: Provided further, 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); sec. 2, act of June 25, 1941 (55 Stat. 263); 37 U.S. C. 26. The first paragraph of the original text of this section, based on act of March 2, 1903 (32 Stat. 932); 10 U. S. C. 686, has been eliminated from the Code. The fourth paragraph, based on section 17, act of June 10, 1922 (42 Stat. 632), as amended by act of May 26, 1928 (45 Stat. 774); 37 U. S. C. 26, and as further amended supra, was expressly repealed by 1371c-19 (2), ante. The subject-matter is covered by 1371c-15 (1) (3), ante. 1385. Retired pay; officers over forty-five years of age when appointed. By 1371c-15 (3), ante, officers retired under this section are entitled to count active duty performed subsequent to retirement for the purpose of computing percentage rates and increases with respect to their retired pay, up to an amount not exceeding 75 percent of their active duty pay. By 1371c-15 (5), ante, such officers retired after June 16, 1942, who have had World War service, are entitled to retired pay at the rate of 75 percent of their active duty pay at time of retirement. 1393. Retired pay; warrant officers. The first paragraph of the original text of this section, based on section 17, act of June 10, 1922 (42 Stat. 632), as amended by act of May 26, 1928 (45 Stat. 774); 37 U. S. C. 26, was expressly repealed by 1371c-19 (2), ante. The subject-matter is covered by 1371c-15 (1), ante. 1395. Retired pay; members of Army Nurse Corps. 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: Provided, That any person who serves as a member of the Army Nurse Corps, or of the Navy Nurse Corps during the World War and continuously thereafter until May 13, 1926, and who was, prior to June 20, 1930, separated from said corps by reason of physical disability incurred in line of duty, shall upon her application therefor, be entitled to be placed upon the retired list of the nurse Corps of which she was a member, as provided in this Act, her retired pay hereunder becoming effective on the date of receipt by the Secretary of War or the Secretary of the Navy, as the case may be, of such application or the date of enactment of this amendment whichever is the later. Act. of June 20, 1930 (46 Stat. 790); act of Oct. 17, 1940 (54 Stat. 1192); 10 U. S. C. 937; 34 U. S. C. 436. The first paragraph of the original text of this section, based on section 2, act of May 13, 1926 (44 Stat. 532); 10 U. S. C. 1030; 34 U. S. C. 439, was superseded by 1371c-13 (4), ante. The second paragraph has been amended as above. "10 U. S. C. 938" should be eliminated from the citation to the third paragraph of the original text of this section, based on act of March 3, 1931 (46 Stat. 1502), and "10 U. S. C. 983" added. [This paragraph repealed.] The pay for specialists' rating received by an enlisted man of the Army or the Marine Corps at the time of his retirement shall be included in the computation of his retired pay. Sec. 12 (b), act of Sept. 16, 1940 (54 Stat. 895); 37 U. S. C. 13a. So much of the first paragraph of the original text of this section, based on section 1, act of March 2, 1907 (34 Stat. 1217); 10 U. S. C. 980; 34 U. S. C. 431, as authorizes allowances for enlisted men on the retired list was repealed by 1371c-19 (2), ante. |