The orders detaching Senior Capt. Reynolds from the command of the Southern Division, Pacific coast, and assigning him to the command of the Bering Sea Fleet, were in effect two orders-one assigning him to duty and quarters aboard ship; the other assigning him to duty and quarters on shore at Unalaska, which is in Alaska. In proceeding to Alaska the officer's station was on board ship. He was not then serving at a foreign station, neither was he proceeding to a foreign station as a passenger, but as a part of the complement of the vessel on which he was stationed and on duty. In fact, he was the commanding officer of the vessel and of the entire fleet. He was on the vessel and in command until it reached the designated place in Alaska, when he was detached therefrom and assigned to duty and quarters on shore. He was likewise on the vessel and in command until it reached the United States in returning, when he was detached therefrom and resumed his duty on shore in the United States. The officer's duty station was on board the boat in going from and to the United States. The law makes no provision for increased pay to an officer of the Army or Revenue-Cutter Service so serving. Senior Capt. Reynolds not having been ordered directly to shore duty in Alaska and gone there on board the vessel merely as a passenger, he does not come within the law giving increased pay from the date of departure from said States to the date of return thereto." (See 13 Comp. Dec., 269, 471; 18 id., 322.)

Upon the facts appearing I am of the opinion that payment of the account submitted is not authorized.

DESIGNATION OF BENEFICIARY TO RECEIVE SIX MONTHS' GRATUITY PAY OF SOLDIER.

Where a soldier misdescribes the beneficiary designated by him to receive the six months' gratuity pay provided by the act of March 3, 1909 (35 Stat., 735), payment of such gratuity must, nevertheless, be made to the person designated, provided such person can reasonably be identified as the person to whom the soldier referred in his designation.

Comptroller Downey to Maj. P. C. Stevens, August 28, 1913:

I have received your communication of the 13th instant, requesting my decision as to whom payment of the six months' gratuity pay under the act of May 11, 1908, as amended, in the case of Clarence G. Adams, principal musician, band, Second United States Cavalry, who died at Fort Bliss, Tex., January 22, 1913, may properly be made.

It is shown of record that Musician Adams served several enlistments from and after January 10, 1894, when he first enlisted in the military service. In his last two enlistments, respectively, he was enlisted April 24, 1909, and discharged April 23, 1912. He reenlisted July 17, 1912, and died in the service January 22, 1913. His death was due to disease in line of duty and was not the result of his own misconduct.

On April 24, 1909, the soldier executed a beneficiary card in which he designated Mrs. Nellie Adams of Fort Leavenworth, Kans., whom he called his wife, "as the person to whom shall be paid the six months' pay authorized by the act of Congress approved May 11, 1908, in the event of my death from wounds or disease contracted in line of duty."

On July 17, 1912, at the time of his last enlistment, the soldier executed a beneficiary card in which he designated Mrs. Nellie A. Adams, of Bandon, Oreg., whom he likewise called his wife, as his beneficiary.

It appears in evidence in the office of the Auditor for the War Department that the legal wife of the soldier was Kathleen M. Adams, who survives him as widow and whose address is 45 Nevins Street, Brooklyn, N. Y. The father of soldier, George E. Adams, living at Brockton, Mass., states that at the time of his son's death he was living apart from his wife Kathleen, but was endeavoring to secure a divorce from her, and as far as he could learn divorce proceedings were instituted by mutual agreement between the parties. It appears from the father's statement that the two boys of the soldier and Kathleen were living with their father at the time of his death, but that they are now living with their mother in Brooklyn, N. Y.

The act of May 11, 1908 (35 Stat., 108), provides:

“That hereafter, immediately upon official notification of the death from wounds or disease contracted in line of duty of any officer or enlisted man on the active list of the Army, the Paymaster General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, * * *. The Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army."

The act of March 3, 1909 (35 Stat., 735), amends the act of May 11, 1908, by striking out the words "contracted in line of duty" and inserting in lieu thereof "not the result of his own misconduct."

In regulations issued in pursuance of the above acts, the Secretary of War has prescribed that

66* * * Each officer and enlisted man in service on the active list will file on the form furnished for that purpose by The Adjutant General of the Army the full name and address of the person to whom he wishes the half year's salary paid in the event of death. The signature in every case will be witnessed and attested as required by the printed notes on the form. Should an officer or enlisted man desire to change a beneficiary previously designated by him and to make a new designation, he may do this by filling up and forwarding to The Adjutant General of the Army another blank of the prescribed form, properly signed, witnessed, and attested.

66*

Designations duly made and filed will continue to be valid and sufficient, unless revoked as herein provided, as long as the officers or enlisted men making the designations continue upon the active list of the Army."

The designation of a beneficiary is a declaration of a soldier's intentions which he wishes carried into effect after his death. It is in the nature of a will. If the designation is made in accordance with law and regulations, the person so designated is the one to whom the six months' gratuity pay provided by the above acts is properly payable. (See 18 Comp. Dec., 277.) If the soldier leaves a widow and some person other than the widow is designated, such gratuity pay is payable to the person designated rather than to the widow. (63 MS. Comp. Dec., 346, dated Oct. 24, 1912.)

In designating Nellie or Nellie A. Adams as his beneficiary, the soldier described her as his wife and as having his name, whereas she was not his wife and probably was not entitled to the name of Adams. He thus misdescribed his beneficiary, but it would seem that that does not defeat his intentions if they can be ascertained with reasonable certainty.

In 15 Comp. Dec., 611, it was held that whoever the designator had in mind and intended by his designation, if such person can be identified, is entitled to the benefits of said designation and to receive the gratuity pay provided by law, and payment should be made in the correct name of the person designated.

If the correct name of the person whom Musician Adams designated by calling her Nellie or Nellie A. Adams and describing her as his wife can be ascertained, and it is shown that Nellie or Nellie A. are one and the same person, and it is further shown by reliable evidence that she is the person whom the soldier had in mind and intended by his designations, I am of opinion that payment of the six months' gratuity pay provided by the above acts of May 11, 1908, and March 3, 1909, should be made to her.

PAYMENT OF SALARY OF TEMPORARY EMPLOYEES OF AN EXECUTIVE DEPARTMENT.

Where a temporary employee of an executive department, whose appointment was conditioned not to extend beyond a stated period after the date of certification of an eligible for permanent appointment to the position held by him, failed, through no fault of his own, to receive notice of the certification of such eligible until after the stated period had expired, and remained on duty continuously to date of notice, payment of his salary to that date is authorized.

Comptroller Downey to G. Johannes, Disbursing Clerk, Department of Commerce, September 3, 1913:

I have received your letter of the 26th ultimo, as follows:

"There is transmitted herewith voucher in the sum of $24, submitted to me for payment by Mr. J. S. Dinnis, physical laboratory helper in the Bureau of Standards, covering his compensation from August 1, 1913, to August 12, 1913, both dates inclusive.

"Mr. Dinnis was appointed temporary physical laboratory helper at $720 per annum under an appointment effective June 2, 1913, which contained the provision that it was not to extend beyond 30 days from the receipt of certification of eligibles for permanent appointment. Under this limitation of his appointment Mr. Dinnis's appointment expired at the close of business July 21, 1913, and notice to that effect was sent to the chief immediately in charge of this employee, who, however, through inadvertence, failed to notify Mr. Dinnis of that fact, and Mr. Dinnis continued to serve in the position to and including August 12, 1913.

"The Civil Service Commission, under date of August 22, 1913, upon proper representation, authorized the extension of Mr. Dinnis's temporary appointment for the period beginning July 22 and terminated August 12, 1913. However, the department has not issued an appointment to this employee in view of the fact that it regards an appointment dated subsequent to July 22, 1913, from which date the appointment would have to begin, prohibited, in accordance with the construction of prior-date appointments made in the decision of the Comptroller of the Treasury dated February 12, 1902 (8 Comp. Dec., 521).

"Mr. Dinnis, as will be noted from the certificate of the Director of the Bureau of Standards on the voucher, was continuously employed from August 1 to August 12, 1913, the period covered by the voucher transmitted herewith. He has already been paid, on proper voucher, for the period from July 22 to July 31, 1913, both inclusive: "Please advise me whether I am authorized to pay the voucher transmitted herewith as presented.

"A copy of the communication from the Civil Service Commission, the department's letter to the Director of the Bureau of Standards, dated August 12, 1913, and the letter from the Director of the Bureau of Standards addressed to me, under date of August 18, 1913, all relating to this case, are transmitted herewith for your information."

The duration of Mr. Dinnis's employment was, by the terms of his appointment, dependent upon the certification of an eligible for per

manent appointment to the position which he held. I understand that he had no notice, actual or constructive, that this certification had been made until August 12, 1913, to which date he now lays claim to salary.

It has been held that a United States marshal who was serving under an ad interim appointment given under section 793, Revised Statutes, which provides that the person appointed shall serve" until an appointment is made by the President, and the appointee is duly qualified, and no longer," was entitled to compensation until he received notice of the appointment and qualification of his successor, notwithstanding the terms of his appointment under this section. (1 Comp. Dec., 576; see also 4 Comp. Dec., 58.)

The same principle applies to this case. The time of happening of the event which fixed the termination of this employment was uncertain, and notice to the employee of its happening was necessary to end his contract of employment, notwithstanding the terms of his appointment limiting it to not more than 30 days after the certification of the eligible.

As Mr. Dinnis did not receive such notice until August 12, 1913, you are authorized to pay his salary up to and including that day, if payment thereof is lawful in all other respects.

CONTINUOUS-SERVICE PAY OF ENLISTED MEN OF THE MARINE CORPS.

The provisions of the act of August 24, 1912 (37 Stat., 569, 590), extending the enlistment period for continuous-service pay purposes to four years operates only upon enlistment periods that (regardless of discharge and reenlistment) were entered upon on or after November 1, 1912.

Comptroller Downey to the Secretary of the Navy, September 4, 1913:

By your indorsement of the 26th ultimo, my decision is requested as to the rate of pay to which James S. H. Henderson, private, United States Marine Corps, is entitled under his enlistment of March 29,

Under the provisions of section 1612, Revised Statutes, enlisted men of the Marine Corps are entitled to receive the same pay and bounty for reenlisting as are provided by or in pursuance of law for enlisted men of like grades in the Infantry of the Army.