Sidebilder
PDF
ePub

vided, be payable to the insured and continue to be so payable during total permanent disability so long as he lives, and payment of all premiums due after receipt of such proof during total permanent disability shaH be waived.

Upon due proof of the death of the insured while this policy is in force, the monthly installments, without interest, which have accrued since the death of the insured, the first installment being due on the date of the death of the insured, shall be paid to the beneficiary designated, and thereafter the \nyment of the monthly installments shall continue to be so payable until two hundred and forty installments in all, including any paid to the insured during his lifetime on account of total permanent disability, shall have been paid; but if two hundred and forty or more installments shall have been paid to the insured on account of total permanent disability, no death benefit shall he payable. If optional settlement 1, 2, or 3 has been selected, payment shall be made accordingly, subject to deduction on account of disability payments.

Under the provisions of law and the terms of the policy issued pursuant thereto the accrued and unpaid installments on the maturity of the policy because of the permanent and total disability of the insured belonged to the insured, and upon his death became a part of his estate. No provision of law or of the policy provides for or authorizes payment to a beneficiary under a policy of accrued and unpaid installments due the insured at date of death, and such amounts are not payable to the beneficiary under the policy, as such, the beneficiary's rights under the policy being limited to those provisions for payments to the beneficiary specifically made. See 24 Comp. Dec, 521; 26 id., 576, and 650, 652.

On the facts appearing, the voucher is payable to the beneficiary only in the amount of the commuted value of 237 installments, stated in the papers to be $9,904. All papers received with your submission are returned herewith.

MILITARY LEAVE OF ABSENCE.

A National Guard officer may not be granted military leave of absence with pay from a civilian position under the Government while attending, under orders, a military service school for the purpose of pursuing a regular course of study.

Comptroller General McCarl to the Secretary of the Treasury, November 10, 1921.

I have your letter of November 2 requesting decision of a question presented as follows:

Hugh T. McClay, a clerk in this department, receiving an annual compensation of $1,400, has applied for three months' military leave to enable him to comply with the provisions of Special Orders, No. 98, office of the adjutant general, State of Maryland, which order details Mr. McClay, together with certain other officers of the Maryland National Guard, to take a special course of instruction for National Guard officers at the Infantry School at Camp Benning, Georgia, commencing on the 31st day of October, 1921, and ending the 31st day of January, 1922. A copy of Special Orders, No. 98, is attached hereto.

Your decision is requested as to whether or not Mr. McClay can be granted leave of absence with pay for the period he is absent from his office in compliance with the orders above mentioned.

The only law authorizing the granting of so-called military leave to Government employees who are members of the National Guard of a State is section 80 of the act of June 3, 1916, 39 Stat., 203, which

reads: 4

Leaves of absence for certain Government employees.—All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast defense training ordered or authorized under the provisions of this act.

It is noted that this law provides for the granting of leave only "on days during which they shall be engaged in field or coastdefense training ordered or authorized under the provisions of this act." Such training includes the participation in encampments, maneuvers, or other exercises, including outdoor target practice, such as is prescribed in sections 92 and 94 of the act of June 3, 1916, 39 Stat., 206, but it can not be held to include the attendance at the military-service schools of the United States for the purpose of pursuing a regular course of study as contemplated under the provisions of section 99 of the act, 39 Stat., 207. I assume that the detail in the case here presented is under authority of the provisions of said section 99, and such being the case the granting of military leave is not authorized.

Under the provisions of said section 99 an officer of the National Guard while attending the school is entitled to the same pay and allowance to which an officer of the Regular Army of like rank would be entitled, not exceeding the pay and allowances of a captain. The law prescribes no limit as to the period of time for which the details may be made, and it would be unreasonable to presume, in the absence of specific legislation to that effect, that Congress intended to provide for the payment of the full pay and allowances of the officer's grade while in attendance at an Army service school and pursuing a regular course of study which might require several months' time, and in addition thereto to authorize payment of the salary of a position in the civil service in which no service was being rendered.

The question submitted is answered in the negative, \

LONGEVITY PAY—NATIONAL GUARD OFFICERS.

Officers of the National Guard attending camps of instruction are entitled, under the act of June 3, 1916, 39 Stat., 206, to the same basic pay as officers of like grades of the Regular Army, but as their status as State officers is not changed by attending such camps, they are not entitled by reason of prior Army service to the benefits of longevity pay conferred by section 1262, Revised Statutes, upon officers of the United States Army who have served five years or more.

Decision by Comptroller General McCarl, November 12, 1921.

The Chief of the War Department Division of the General Accounting Office submitted October 8,1921, for consideration a memorandum decision to the effect that officers of the National Guard attending camps of instruction pursuant to section 94 of the act of June 3,1916, 39 Stilt., 206, are not entitled to count prior service in the Regular Army or Armies of the United States for longevity pay purposes.

Section 94 of the act of June 3,1916, 39 Stat., 206, after authorizing the participation of the National Guard, in whole or in part, in encampments, maneuvers, or other exercises, including outdoor target practice, provides that:

* * * the officers and enlisted men of such National Guard while so engaged shall be entitled to the same pay, subsistence, and transportation as officers and enlisted men of corresponding grades of the Regular Army are or hereafter may be entitled by law.

Officers of the National Guard authorized to attend and while attending a camp of instruction are not in the service of the United States. While at such camps they continue to be State officers and do not at any time pass into the service of the United States, Houston v. Moore, 5 Wheat., 1, 27 Comp. Dec, 634; 1017. The law authorizing Army officers to count certain prior service for longevity pay purposes is inapplicable.

The rate of pay of officers of the Army is fixed by the act of May 11, 1908, 35 Stat., 108, with the temporary increase authorized by the act of May 18,1920,41 Stat., 601. The rate of longevity is fixed by section 1262, Revised Statutes, at 10 per cent of the current yearly pay for each term of five years of service. National Guard officers while attending camps of instruction are entitled to the " same pay" as that provided for officers of the Army of corresponding grades. It is my opinion that Congress did not by the language used intend thereby to include compensation for length of service, either State or Federal, as a reward for long and faithful service, but only that such officers should receive the same pay exclusive of longevity pay as officers of like grades in the Regular Army.

The memorandum decision is approved.

AVIATION PAY—WARRANT OFFICERS OF THE ARMY.

Warrant officers of the Army assigned to air stations are not entitled under act of June 4, 1920, 41 Stat., 768, to 50 per cent increase of pay for flight duty.

Comptroller General McCarl to Lieut. Frank C. Peters, United States Army, November 14. 1921.

By reference of November 1, 1921, I have your letter dated October 17, 1921, with accompanying papers, wherein decision is requested as to whether you are authorized under the act of June 4, 1920, 41 Stat., 768, to make a payment of 50 per cent increase of the pay of a warrant officer as fixed by section 4a of the act of June 4, 1920, 41 Stat., 761, on a voucher presented to you by Warrant Officer Wilburn C. Dodd, assigned to duty at an Air Service station, who was detailed to duty requiring regular and frequent aerial flights by direction of Maj. Martin, in the absence of a determination by an authorized officer of the War Department that Dodd's duties were such as "required him to participate regularly and frequently in aerial flights."

The Army Regulations of 1913, paragraph 1269}, as amended by C. A. R. No. 107 of July 22, 1920, provide that officers and enlisted men of the Air Service may be detailed for aviation duty by the commanding officer of the station, but others must bo detailed by The Adjutant General of the Army. There appears no detail in the present case, in accordance with regulations.

See also 1 Comp. Gen., 67, where it was held that the permission, request, or direction of a subordinate officer for another serving under him to engage in regular and frequent aerial flights conferred no right to aviation duty pay, but, as a condition precedent thereto, it must be determined by an authorized official of the War Department that the duty was such as required participation in regular and frequent aerial flights.

Aside from this, however, the duties of warrant officers are the clerical, administrative, and supply duties theretofore performed by Army field clerks. They are assigned to posts to serve as assistants to quartermasters and to take the place of field clerks. General Orders No. 65, War Department, 1920. Such duties are not those of a combatant and are not compatible or congruous with those of a person necessarily required to participate regularly and frequently in aerial flights. 27 Comp. Dec, 1078.

Payment of the voucher herewith returned is unauthorized.

UNITED STATES VETERANS' BUREAU—WITNESSES.

The appropriation "Military and naval compensation," made available for expenditure by the United States Veterans' Bureau by the act of August 9, 1921, 42 Stat., 155, may be used for payment of fees and mileage of witnesses in actions acainst persons other than the United States for personal injuries to ex-service men under section 313 of the war risk insurance act.

Comptroller General McCarl to William H. Holmes, disbursing clerk, United States Veterans' Bureau, November 15, 1921.

I have your letter of November 5, 1921, requesting decision whether you are authorized to pay from the appropriation " Military and naval compensation" a voucher for $3.40 in favor of R. D. Chapman, representing his fees and mileage as a witness attending the trial of the case of White v. Atlantic and Charlotte Air Line K. R. Co. and Southern R. R. Company, a suit brought by the Director of the Veterans' Bureau under section 313 of the war risk insurance act, as amended, in behalf of a compensation beneficiary of the bureau.

Section 313 of the war risk insurance act, as amended by sec tion 18 of the act of June 25, 1918, 40 Stat., 613, provides for prosecution by the director of causes of action against persons other than the United States for personal injuries to ex-service men for which compensation is payable by the bureau under provisions of war risk insurance laws.

Section 21 of the act of August 9, 1921, 42 Stat., 155, further amends the said section 313 by adding thereto subsection (2a) as follows:

The Veterans' Bureau Is hereby authorized to pay the beneficiary or other person or persons in whose name an action may have been commenced or prosecuted, and to nil witnesses in such action fees and mileage, the same as is now paid and allowed to witnesses in the United States courts in going to, remaining at, and returning from place of trial, and without any regard t'> whether the action, if any, is brought or prosecuted in a court of the United States or some other court.

This section provides clearly and specifically for payment of fees and mileage to witnesses in actions brought under the section. The question for decision is what appropriation of the bureau, if any, is available for such payment.

The appropriation for military and naval compensation made by the act of March 4, 1921, 41 Stat., 1374, provides in terms for such compensation only and for no other expenses of the bureau. I find no specific provision for fees and mileage of these witnesses in any other appropriation of the bureau, but section 8 of the act of August 9, 1921, makes all unexpended balances of appropriations made for carrying out the provisions of war risk insurance laws available for expenditure by the Veterans' Bureau in such manner as the director deems necessary " in carrying out the purposes of this act." One of those purposes was to make provision for payment of fees and mileage to witnesses in actions brought under section 313 of the war risk insurance act.

The appropriation for military and naval compensation is the appropriation which receives the benefit of any recovery on these actions and may properly be used to pay fees and mileage of witnesses summoned to testify therein. You are authorized to pay the voucher submitted accordingly.

NAVY PAY CLERKS—SEA-DUTY PAY AND COMMUTATION OF QUARTERS, HEAT, AND LIGHT FOR DEPENDENTS.

A pay clerk of the Navy is not entitled to sea-duty pay, nor to commutation of quarters, heat, and light for dependents, for period he is merely offieed on board a receiving ship engaged in settling the accounts of other vessels, and not attached to the ship as a part of its complement for service at sea.

Comptroller General McCarl to Lieut. Com. G. P. Shamer, United States
Navy, November 15, 1921.
I have your letter of June 2, 1921, asking—

1 . Whether Pay Clerk Frederick C. Huber is entitled to 10 per cent additional pay for service at sea for the period from March 15 to April 5, 1921.

« ForrigeFortsett »