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PAY—SERVICE CREDITS—INCLUSION OF PERIODS
WHILE ON EMERGENCY OFFICERS' RETIRED LIST The period during which a
former member of the Officers' Reserve Corps was on the emergency
officers' retired list created by the act of May 24, 1928, is not
commissioned service which may be counted in computing his active duty
pay under section 3 of the Pay Readjustment Act of 1942, as amended, as
an officer of the Army of the United States appointed under authority of
the act of September 22, 1941. Assistant Comptroller General Yates to
Col. Carl Witcher, U. S. Army, August 16,1943: There has been
considered your letter of May 31, 1943, requesting decision whether you
are authorized to make payment on a voucher, transmitted therewith,
stated in favor of Captain Richard Douglas, Infantry, Army of the United
States, in the amount of $490.33, representing the difference in pay and
allowances to which the officer would be entitled for the period
February 26, 1943, to May 31, 1943, if he is authorized to count for pay
purposes the period during which he was on the emergency officers'
retired list. A report dated July 15, 1943, from The Adjutant
General, War Department, discloses the following military history for
Captain Douglas: 1. The records of this office show that Richard
Douglas enlisted 11 August 1909 as Private, First Corps Cadets,
Massachusetts National Guard, and served to 11 August 1916, the date he
was honorably discharged. 2. He was appointed First Lieutenant,
Infantry Section, Officers' Reserve Corps, 18 December 1916; accepted 5
March 1917; promoted to Captain, Infantry Section, Officers' Reserve
Corps, 15 August 1917; accepted 15 August 1917; honorably discharged 16
May 1921. 3. His active commissioned service was continuous from 5
May 1917 to 16 May 1921. 4. He was appointed Captain, Military
Intelligence, Army of the United States, 11 February 1943; accepted 16
February 1943; assigned serial number O-513046; and is now a Captain,
Military Intelligence, Army of the United States. 5. He entered on
active duty 26 February 1943. A letter dated May 13, 1943, from the
Veterans' Administration states that regular payments of emergency
officers' retirement pay were made to the officer for the period May 26,
1928, through Febru-ary 25,1943, the day preceding his entry on active
duty. The act of September 22, 1941, 55 Stat. 728, authorizes
temporary appointments as officers in the Army of the United States,
without appointing such persons as officers in any particular component
of the Army of the United States, and provides— * * * That any person
appointed as an officer in the Army of the United States under the
provisions of this Act shall receive the same pay and allowances and be
entitled to the same rights, privileges, and benefits as members of the
Officers' Reserve Corps of the same grade and length of active service *
* *.
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