In advance, to persons at distant stations, Transportation of motor vehicles, 1531b. 1495. Mileage: In advance, to troops embarking for the Philippines, 1496. Arrears not to exceed two months, 1497. To person designated, 1500. Ration: Components, 1503. Emergency, 1504. Rental allowance: Major generals and brigadier generals, 1505. Officers below grade of brigadier general, Warrant officers and warrant officers, Army Members of Army Nurse Corps, 1508. Retention of pay, loss of service records, 1510. Retention of pay restricted, 1511. Repayment of detained pay, 1512. Retired personnel on active duty, 1513. Saving clauses, 1515. Stoppage of pay: Arrears to the United States, 1516. Deficiency or damage of military stores, 1517. General provision, 1532. Officers changing station while on leave, 1532a. Officers on duty with California Debris Commission, 1532b. Requisites of orders, 1533. Computation of distance, 1534. Deductions when transportation furnished, 1535. Actual expenses: Officers' repeated travel, 1536. Officers' travel outside continental United Officers on duty with Bureau of Light- National Guard duty, 1537d. Travel by commercial aircraft, 1537f. Officers, 1538. Members of Army Nurse Corps, 1539. Enlisted men, 1540. Travel by air, 1541. Travel in connection with aerial surveys, 1542. Travel by privately owned conveyance, 1543. Damage to military stores through negli- Travel expense, attendance at horse shows, 1372. Base pay; general and lieutenant general. The officers of the Army shall be entitled to the pay herein stated after their respective designations: The general, thirteen thousand five hundred dollars a year. Lieutenant general, eleven thousand dollars a year. ** R. S. 1261; 10 U. S. C. 671a. and the officer appointed under the foregoing authorization shall have the pay prescribed by section 24 of the Act of Congress approved July 15, 1870, and such allowances as the President shall deem appropriate; Act of Sept. 3, 1919 (41 Stat. 283); 10 U. S. C. 671a. See notes to 8, ante. The act of July 5, 1870, referred to above, is R. S. 1261. 1373. Base pay; major generals and brigadier generals.-That commencing July 1, 1922, the annual base pay of a brigadier general of the Army shall be $6,000; and the annual base pay of a major general of the Army shall be $8,000. U. S. C. 12. Sec. 8, act of June 10, 1922 (42 Stat. 629); 37 For subsistence and rental allowances of a major general and a brigadier general, see, respectively, 1522 and 1505, post. 1374. Base pay; officers below grade of brigadier general. That, beginning July 1, 1922, for the purpose of computing the annual pay of the commissioned officers of the Regular Army * * below the grade of brigadier general pay periods are prescribed, and the base pay for each is fixed as follows: The first period, $1,500; the second period, $2,000; the third period, $2,400; the fourth period, $3,000; the fifth period, $3,500; and the sixth period, $4,000. The pay of the sixth period shall be paid to colonels of the Army and officers of corresponding grade who have completed twenty-six years' service, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of section 24, Act of June 3, 1916, as amended by the Act of June 4, 1920; to lieutenant colonels of the * who have completed * * and officers of corresponding grade, and Army thirty years' service; and to the Chief of Chaplains of the Army. The pay of the fifth period shall be paid to colonels of the Army officers of corresponding grade who are not entitled to the pay of the sixth period; to lieutenant colonels of the Army and officers of corresponding grade who have completed twenty years' service, or whose first appointment in the permanent service was in a grade above that corresponding to captain in the Army, or who were appointed to the Regular Army under the provisions of the first sentence of said section 24; * and to majors of the Army * and cfficers of corresponding grade who have completed twenty-three years' service: The pay of the fourth period shall be paid to lieutenant colonels of the Army * and officers of corresponding grade who are not entitled to the pay of the fifth or sixth period; to majors of the Army * and officers of corresponding grade who have completed fourteen years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or who were appointed to the Regular Army to fill vacancies created by the increase of the commissioned personnel thereof in 1920; to captains of the Army and officers of corresponding grade who have completed seventeen years' service; * The pay of the third period shall be paid to majors of the Army and officers of corresponding grade who are not entitled to the pay of the fourth, fifth, or sixth period; to captains of the Army* ** and officers of corresponding grade who have completed seven years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army, or whose present rank dates from July 1, 1920, or earlier; to first lieutenants of the Army and officers of corresponding grade who have completed ten years' service; The pay of the second period shall be paid to captains of the Army and officers of corresponding grade who are not entitled to the pay of the third or fourth period; to first lieutenants of the Army * * * and officers of corresponding grade who have completed three years' service, or whose first appointment in the permanent service was in a grade above that corresponding to second lieutenant in the Army; and to second lieutenants of the Army and officers of corresponding grade who have completed five years' service. The pay of the first period shall be paid to all other officers whose pay is provided for in this section. Sec. 1, act of June 10, 1922 (42 Stat. 625); act of May 23, 1928 (45 Stat. 719); act of May 28, 1928 (45 Stat. 788); 37 U. S. C. 1. The last paragraph of the 1929 text of this section, based on section 1, act of September 14, 1922 (42 Stat. 841), 10 U. S. C. 902, is omitted as executed. By public resolution of February 3, 1930 (46 Stat. 63), a joint congressional committes was appointed to make an investigation and report recommendations relative to the readjustment of the pay and allowances of the commissioned and enlisted personnel of the several services. For report of this committee see Senate Document No. 259, 71st Congress. For temporary reduction of pay and allowances of Army personnel, see section 3, Title II, act of March 20, 1933 (48 Stat. 13), as amended. Notes of Decisions In general. Where statute fixes Army, (1929), 67 Ct. Cl. 262; certiorari denied officer's pay, compensation rests on statute (1929), 280 U. S. 593. Army officer's acceptance of less than statutory compensation does not estop him from claiming full amount. Id. Grade of first appointment and pay periods. A captain of the Army who on November 10, 1917, had been appointed a second lieutenant of Infantry in the Regular Army was thereby given an appointment in the "permanent" service, notwithstanding under the terms of the act such appointment was "provisional" only, and where this was accordingly his first appointment in the permanent service and he had neither on July 1, 1922, completed seven years' service nor been promoted to the rank of captain on or before July 1, 1920, he was under the joint service pay act of June 10, 1922, entitled | to pay of the second period only. His voluntary resignation from the permanent service September 23, 1919, while still holding a provisional appointment, did not serve to make his subsequent appointment as a first lieutenant November 25, 1920, a "First appointment in the permanent service." Webb v. U. S. (1930), 69 Ct. Cl. 46. The provision in the joint service pay act of June 10, 1922, with reference to the "first appointment in the permanent service" intended that a temporary appointment to the "temporary" increased strength of the Marine Corps, under the act of May 22, 1917, should not be treated as a "first appointment in the permanent service." Furey v. U. S. (1930), 70 Ct. Cl. 299; Armstead v. U. S. (1931), 74 Ct. Cl. 591. Pay periods.-A chief machinist of the Navy, so commissioned February 5, 1923, under the act of March 3, 1909, having been warranted a machinist six years prior thereto, who had commissioned service during a part only of said six years, was not entitled on date of his commission as chief machinist to pay of the second period. Chinnis v. U. S. A lieutenant of the Staff Corps of the Navy, who has served for fifteen years as enlisted man, warrant officer, and commissioned officer, and whose first appointment to the permanent service was as a lieutenant, junior grade, of the Staff Corps, corresponding to a first lieutenant in the Army, is not entitled to pay of the fourth period if his total commissioned service does not equal that of a lieutenant commander of the line of the Navy drawing the pay of that period. U. S. v. Lenson (1928), 278 U. S. 60, reversing (1927), 63 Ct. Cl. 420. Marine Corps major retired September 30, 1911, and thereafter rendering service, making total active service 17 years 11 months 25 days, held entitled to base pay of fourth period only. Leonard v. U. S. (1929), 279 U. S. 40, affirming (1928), 64 Ct. Cl. 384. Where a lieutenant of the Staff Corps of the Navy, commissioned with that rank before July 1, 1922, held a commission in the Organized Militia between January 21, 1903, and July 1, 1916 (Sec. 1, par. 11, act of June 10, 1922), he was entitled to have included 75 percent of the period during which he held his commission in the militia, for the purpose of making his total commissioned service equal that of a lieutenant commander of the line drawing pay of the fourth period. Gibbs v. U. S. (1931), 72 Ct. Cl. 301. Recovery for overpayment.-United States by long-continued overpayment does not estop itself to recover same from officer. Heidt v. U. S. (C. C. A., 1932), 56 F. (2d) 559; certiorari denied (1932), 287 U. S 601. Officers discharged and recommissioned.— Provision that discharge and recommission of officers in next lower grade should not reduce pay or allowances does not give increased pay for future services. Eagle v. U. S. (1927), 63 Ct. Cl. 157. 1375. Base pay of officers; service counted. That hereafter the service of a cadet who may hereafter be appointed to the United States Military Academy or to the Naval Academy shall not be counted in computing for any purpose the length of service of any officer of the Army. Sec. 6, act of Aug. 24, 1912 (37 Stat. 594); 10 U. S. C. 684. For officers appointed on and after July 1, 1922, no service shall be counted for purposes of pay except active commissioned service under a Federal appointment and commissioned service in the National Guard when called out by order of the President. For officers in the service on June 30, 1922, there shall be included in the computation all service which is now counted in computing longevity pay, and service as a contract surgeon serving full time; and also 75 per centum of all other periods of time during which they have held commissions as officers of the Organized Militia between January 21, 1903, and July 1, 1916, or of the National Guard, the Naval Militia, or the National Naval Volunteers since June 3, 1916, and service as a contract surgeon serving full time, shall be included in the computation. Sec. 1, act of June 10, 1922 (42 Stat. 627); 37 U. S. C. 4. That in determining the pay period * * * in the case of officers of the Regular Army, active duty performed as an officer of the Philippine Constabulary shall be credited to the same extent as service under a Regular Army commission or other active duty recognized under the provisions of section 127a of the National Defense Act of June 3, 1916, as amended by the Act of June 4, 1920. Act of May 23, 1928 (45 Stat. 720); 10 U. S. C. 951a. The second paragraph of the 1929 text of this section, based on section 1, act of September 14, 1922 (42 Stat. 481); 10 U. S. C. 902, is omitted as executed. The text of the third paragraph of the 1929 text of this section based on War Department appropriation acts of June 7, 1924 (43 Stat. 481); Feb. 12, 1925 (43 Stat. 896); Apr. 15, 1926 (44 Stat. 257); 10 U. S. C. 684, is omitted as expired. The first paragraph above should be substituted therefor. (J. A. G. 010.3, November 12, 1929, page 119.) 1376. Base pay and allowances; warrant officers.-That commencing July 1, 1922, the monthly base pay of warrant officers * of the Army $148; shall be as follows: Warrant officers of the Army Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13. * * Warrant officers other than those of the Army Mine Planter Service shall receive * * the allowances of a second lieutenant, * Sec. 4a, added to act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); 10 U. S. C. 594, 902a. For rental and subsistence allowance to which warrant officers are entitled, see 1507, 1524, post. 1376a. Base pay and allowances; warrant officers, Army Mine Planter Service.That commencing July 1, 1922, the monthly base pay of warrant officers of the Army * * * shall be as follows: * *, warrant officers, Army Mine Planter Service, master, $185; first mate, $141; second mate, $109; engineer, $175; assistant engineer, $120; Sec. 9, act of June 10, 1922 (42 Stat. 629); 37 U. S. C. 13. And provided further, That warrant officers shall have such allowances as the Secretary of War may prescribe, * Ch. IX, act of July 9, 1918 (40 Stat. 882); 10 U. S. C. 276. For rental and subsistence allowances to which warrant officers, Army Mine Planter Service, are entitled, see 1507, 1524, post. The maximum amount payable to warrant officers, Army Mine Planter Service, for travel expense, is $5 per diem, under act of April 6, 1914. Sce 1539, post. 1377. Base pay and allowances; members of the Army Nurse Corps.-That, commencing July 1, 1922, the annual pay of female nurses of the Army and Navy shall be as follows: During the first three years of service, $840; from the beginning of the fourth year of service until the completion of the sixth year |