CERTIFICATE OF MERIT.

659. "A certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of $2 per month while he is in the military service, although such service may not be continuous."-R. S., 1285 amended by act Feb. 9, 1891, 26 Stat., 737; G. O., 19, 1891.

The above is payable during military service, whether as an officer or enlisted man (7 Comp., 550, Mar. 19, 1901), and is payable in full, whether on the active or retired list.-8 Comp., 405, Dec. 14, 1901.

NOTE. The holder of a medal of honor is not entitled to additional pay therefor.

660. If the recommendation for the granting of a certificate of merit to a soldier is made prior to his discharge the granting of the certificate after his discharge is authorized and he is entitled to the additional pay thereunder.-9 Comp., 160, Oct. 24, 1902. (Case Sergt. Hamilton.)

NOTE.-Payable by the Auditor only.

EXTRA DUTY.

661. Enlisted men employed on extra duty for periods of not less than ten days in the offices of the artillery district engineers and artillery district ordnance officers, and as switchboard operators at seacoast fortifications, and also enlisted men employed as switchboard operators at interior posts receive extra-duty pay at the rate of thirtyfive cents per day from the Pay Department.-See annual appropriation act.

As the number of enlisted men that may draw extra-duty pay as clerks to district artillery engineers and artillery district ordnance officers, and as switchboard operators at seacoast fortifications and at all other posts, is allotted by the War Department, commanding officers will see that the number of enlisted men detailed for such duties is not in excess of the number allotted.-Cir. 1, W. D., 1908.

NOTE. The allotment of clerks and switchboard operators is announced from time to time in War Department circulars.

662. To be entitled to extra pay for extra duty in the office of an artillery district engineer or an artillery district ordnance officer, or as switchboard operator at a seacoast fortification or an interior post, an enlisted man must be detailed by name in orders issued in advance of his entry upon the extra duty, reciting that the detail is for duty for not less than ten days. When so employed he will be mustered for the extra-duty pay on pay rolls of his organization or on final statements. No payment of the extra-duty pay can be made to a soldier unless the voucher shows that he has performed extra duty for ten full days under the same detail, but it is not necessary that such service be rendered on consecutive days. Where the exigencies of the service are such as to prevent the issuance of orders for details on extra duty in advance of the assumption of the duty, such details should be confirmed in orders, and will be effective from the date set forth in the confirmatory orders, which will show the actual date of the detail.-See Circular 50, W. D., 1906.

663. An enlisted man when employed in the office of an artillery district engineer or an artillery district ordnance officer for a period of not less than ten days is entitled to extra-duty pay for six days a week, and when employed, after July 1, 1907, for a period of not less than ten days as a switchboard operator at a seacoast fortification is entitled to extra-duty pay for seven days a week. The muster roll and pay roll on which an enlisted man is mustered for extra-duty pay will contain the following data under the head of remarks: Dates of the beginning and of the ending of the time for which employed during the period covered by the muster and also the actual number of days to which he is entitled to the extra-duty pay; for example, "Clerk District Engineer, entitled to extra-duty pay May 1 to 31, 1907, 27 days," or "Switchboard operator, entitled to extra-duty pay July 1 to 31, 1907, 31 days." In other words,

Sundays will be excluded from computation of extra-duty pay in the case of a man employed in the office of an artillery district engineer or an artillery district ordnance officer and included in the case of a man performing the duties of a switchboard operator.

The muster roll and pay roll in the case of an enlisted man entitled to extra-duty pay while performing the duties of a switchboard operator at an interior post will contain the following data under the head of remarks: Dates of the beginning and ending of the time for which the soldier was employed during the period covered by the roll and the actual number of days to which he is entitled to the extra-duty pay; for example, "Switchboard operator, entitled to extra-duty pay July 1 to 31, 1907, 22 days."-Cir. 32, W. D., 1907.

NOTE. The order making the detail should be noted on the first pay roll and the order for relief should be noted on the last pay roll.

664. Where a man is mustered for extra duty for less than ten days, the paymaster will refuse payment unless the pay roll shows that the soldier has performed extra duty for ten full days under same detail—not necessarily consecutive days.—P. M. G.

665. "Except in case of emergency, a noncommissioned officer will not be detailed on extra duty, other than that of overseer, without prior authority for such detail having been obtained from the department commander or the general officer commanding the post, or, in the case of places excepted from the control of department commanders by paragraph 187, from the Secretary of War, upon an application in each case for authority fully setting forth the necessity for the detail and specifying the kind of duty to be performed. The name of the noncommissioned officer to be detailed need not be stated in the application, but the orders detailing noncommissioned officers and other enlisted men for extra duty must in each case specify the men by name. A noncommissioned officer will not be detailed on any duty inconsistent with his rank and position in the military service.”—A. R., 169, 1908, as amended by G. O., 96, W.D.,

1910.

NOTE. When a noncommissioned officer is mustered for extra-duty pay, the roll or final statements should indicate that the detail had been approved by department commander.

666. "Signal-Service men shall not receive extra-duty pay unless specially directed by the Secretary of War."-Act June 20, 1878, 20 Stat., 219; G. O., 41, 1878.

NOTE. If enlisted men of the Signal Corps are detailed as switchboard operators at seacoast fortifications and at interior posts, with the authority of the Secretary of War, they are entitled to the extra-duty pay provided therefor.-Opinion J. A. G., Aug. 26, 1907; P. M. G. O., 63258.

667. “Enlisted men of the several staff departments, including members of the post noncommissioned staff, will not be detailed on extra duty without authority from the War Department. They are not entitled to extra-duty pay for services rendered in their respective departments."-A. R., 170, 1908.

The "authority from the War Department” must be obtained in advance of the detail.-J. A. G., Nov. 17, 1904, Cir. 53, W. D., 1904.

668. "Enlisted men receiving or entitled to the 20 per cent increased pay" (for foreign service) "shall not be entitled to or receive any additional increased compensation for what is known as extra * * * duty."-Act Mar. 2, 1901, 31 Stat., 903; G. O., 26, 1901.

669. Enlisted men of the line of the Army and of the Signal Corps, employed in the Territory of Alaska on the Alaskan cable and telegraph system for periods of not less than ten days, receive extra pay at the rate of thirty-five cents per day.— Act May 11, 1908, 35 Stat., 114; G. O., 80, 1908.

Without determining whether the proviso in the act of March 2, 1901 (Manual, paragraph 668), is still in force, the above extra pay is payable for the fiscal year 1909 or for any year that a specific appropriation is made therefor.-14 Comp., 846, June 2, 1908; Cir. 57, W. D., 1908.

FOREIGN SERVICE.

670. "Provided, That hereafter the pay proper of all commissioned officers and enlisted men serving beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be increased ten per centum for officers and twenty per centum for enlisted men over and above the rates of pay proper as fixed by law for time of peace, and the time of such service shall be counted from the date of departure from said States to the date of return thereto.”—Act June 30, 1902, 32 Stat., 512; G. O., 68, W. D., 1902.

Both dates inclusive.-13 Comp., 632, Mar. 21, 1907.

"Increase of pay for service beyond the limits of the States comprising the Union, and the territories of the United States contiguous thereto, shall be as now provided by law."—Act May 11, 1908, 35 Stat., 110; G. O., 80, 1908.

NOTE. The date of arrival in the United States of enlisted men returning from a tour of foreign service or on furlough is held to be the date on which the vessel bearing them reaches the dock provided for landing purposes in the harbor of destination of such enlisted men within the continental limits of the United States. See Cir. 12, W. D., 1910.

671. The 20 per cent increase of pay for foreign service is not payable to enlisted men for service in Porto Rico and Hawaii.

The effect of the provision of the act of May 11, 1908 (35 Stat., 110; G. O., 80, 1908), being to continue the limitation imposed by the acts of June 12, 1906 (34 Stat., 247; G. O., 115, 1906), and March 2, 1907 (34 Stat., 1164; G. O., 48, 1907).—14 Comp., 845, June 2, 1908; Cir. 57, W. D., 1908.

Foreign service pay to enlisted men for service in Porto Rico and Hawaii ceased June 30, 1906.-See 13 Comp., 33, July 21, 1906.

672. "The term 'pay proper' means compensation which may properly be designated as 'pay' as distinguished from allowances or other methods of compensation not specifically described as 'pay,' and includes longevity pay."-Sup. Ct., Mar. 13, 1905. (Case S. C. Mills.)

Also includes the $2 for certificate of merit and the $1 and $2 for gunners.-11 Comp., 696, 760, May 17, June 14, 1905.

NOTE.-Under the above the additional pay of gunners, expert riflemen, casemate electricians, etc., will be included in computation of foreign service pay.

673. An enlisted man on detached service with the Zeigler Polar Expedition was not assigned to duty on land beyond the limits of the United States, and is not entitled to foreign service pay.-12 Comp., 609, Apr. 11, 1906. (Case J. E. Moulton, 2d Cavalry.)

An enlisted man serving on an army transport is not entitled to foreign service pay (Comp., June 19, 1906, case R. A. Tarbert), except as provided in the act of May 11, 1908, 35 Stat., 114.-See Manual, paragraph 533.

674. An enlisted man who, through his own fault, does not return to the United States from foreign service with his organization is not, under the terms of the law, deprived of foreign service increase until he reaches the United States.-P. M. G.

LENGTH OF SERVICE.

675. “Hereafter any soldier honorably discharged at the termination of an enlistment period who reenlists within three months thereafter shall be entitled to continuous service pay as follows, which shall be in addition to the initial pay: For those whose initial pay is $36 or more, an increase of $4 monthly for and during the second enlistment, and a further increase of $4 for and during each subsequent enlistment up to and including the seventh. For those whose initial pay is $18, $21, $24, or $30, an increase of $3 monthly for and during the second enlistment, and a further increase of $3 for and during each subsequent enlistment up to and including the

seventh. For those whose initial pay is $15 or $16, an increase of $3 monthly for and during the second and third enlistments each, and a further increase of $1 for and during each subsequent enlistment up to and including the seventh."-Act May 11, 1908, 35 Stat., 109; G. O., 80, 1908.

676. "The present enlistment period of men now in service shall be determined by the number of years of continuous service they have had at the date of approval of this act, under existing laws, counting three years to an enlistment, and the former service entitling an enlisted man to reenlisted pay under existing laws shall be counted as one enlistment period."-Act May 11, 1908, 35 Stat., 109; G. O., 80, 1908. 677. Any enlisted man in service on May 11, 1908, who had prior service entitling him to reenlisted pay is entitled to credit for one enlistment period on account of such service, regardless of whether, on May 11, 1908, he was in a status of "entitled to reenlisted pay" or in a status of a certain year of continuous service.—14 Comp., 851, June 8, 1908.

Any soldier who completed at least five years of continuous service which included an honorable discharge and reenlistment and who then remained out of service over three months became entitled to "reenlisted pay" under the laws in force prior to May 11, 1908.

678. An enlisted man who reenlisted in the Army after the approval of the act of May 11, 1908, within three months from an honorable discharge at the termination of an enlistment period prior to the passage of the act is entitled to have his service counted as continuous within the meaning of the provisions of said act granting continuous-service pay.-14 Comp., 866, June 11, 1908.

And is entitled to credit, in computing his continuous-service pay, for as many enlistment periods served as is found by dividing the time actually served (continuously) by three.-15 Comp., 340, Nov. 28, 1908.

Adding one enlistment period for any prior service which entitled him to reenlisted pay.-14 Comp., 851, June 8, 1908; Cir. 57, W. D., 1908.

For example: If the soldier on discharge had eight years of continuous service, he would on reenlistment be entitled to pay of the third enlistment period. If, prior to the commencement of such continuous service, he had service which entitled him to reenlisted pay, he would be entitled to pay of the fourth enlistment period.

* * *

679. "Nothing herein contained shall be construed so as to reduce the pay or allowances now authorized by law for any enlisted man of the Army."Act May 11, 1908, 35 Stat., 110; G. O., 80, 1908. NOTE. This applies only to men who were in the service on May 11, 1908, by virtue of having enlisted prior to such date.

680. Men in service at the time of approval of the act of May 11, 1908, are entitled to be paid for the remainder of the enlistment in which they were serving on that date at the old or new rate of pay, whichever works to their advantage.-14 Comp., 857, June 8, 1908; Cir. 57, W. D., 1908; 15 Comp., 165, Sept. 28, 1908; G.O., 172, 1908. NOTE. When a soldier is mustered for pay at the old rate, the year of continuous service should be shown on the muster and pay rolls in addition to the enlistment period.-G. O., 172, 1908.

681. The time a soldier is held in service beyond expiration of his enlistment period is a part of that enlistment, and upon reenlistment within three months he is entitled to the pay of the next enlistment period.-Comp., July 21, 1908, Cir. 71, W. D., 1908. (Case Pvt. Lemker, 118 C. A. C.)

682. "The act (May 11, 1908) does not provide for counting service in the army without regard to discharge and reenlistment, except service rendered prior to the date of approval of the act. On and after such date service is to be counted by enlistment periods, and enlistment periods are determined by discharge and reenlistment. The enlistment period of a soldier in service at the date of the approval of the act

having been determined under the rule laid down in the act, it continues until his discharge at the termination of the enlistment period in which he is found to be serving."-15 Comp., 82, Aug. 8, 1908. (Case Marine Corps.)

683. A soldier discharged by purchase and reenlisted within three months is not entitled to credit for an additional enlistment period. Upon such reenlistment he takes up the thread of the enlistment period in which he was serving at the date of discharge by purchase.-P. M. G. O., Sept. 17, 1908, 70406.

684. "Hereafter an enlistment shall not be regarded as complete until the soldier shall have made good any time lost during an enlistment period by unauthorized absences exceeding one day, but any soldier who receives an honorable discharge for the convenience of the Government after having served more than half of his enlistment shall be considered as having served an enlistment period within the meaning of this act."-Act May 11, 1908, 35 Stat., 109; G. O., 80, 1908.

The requirement for making good time absent without leave applies only to men enlisting on or after May 11, 1908.

685. A soldier enlisted prior to May 11, 1908, is entitled to be discharged three years from date of enlistment without making good time lost by absence without leave. Such date of discharge marks the termination of an enlistment period, and upon reenlistment within three months he is entitled to the pay of the next enlistment period.— Comp., Sept. 1, 1908, P. M. G. O., 63603-79. (Case C. M. Smith, 17th Infantry.)

686. "No soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful."-Sec. 2, act Aug. 1, 1894, 28 Stat., 216.

Under above act it is held that a discharge which is other than for "service honest and faithful" precludes reenlistment.-Cir. 73, W. D., 1907.

687. Reenlistments can not be antedated so as to place soldiers within the three months' limit for purposes of continuous service pay (6 Comp., 754, Mar. 28, 1900), nor does an application for reenlistment within three months entitle the soldier to such increase. The benefit can only be obtained by actual reenlistment before the expiration of three months.-Comp., Nov. 26, 1902, Cir. 63, A. G. O., 1902.

In computing the period of three months, the day of discharge must be excluded.— 5 Comp., 363, Jan. 4, 1899.

688. Enlisted men of the Regular Army who served as commissioned officers, U. S. Volunteers organized in 1898 and 1899, or in the Porto Rico Regiment or Philippine Scouts on or before March 2, 1903, and who upon their muster out returned to the ranks of the Regular Army, shall have such service counted as if it had been rendered as enlisted men, and be entitled to all continuous service pay.-Act Mar. 2, 1903, 32 Stat., 934; G. O., 24, A. G. O., 1903.

The above made applicable to all service as commissioned officers with Philippine Scouts. Act June 12, 1906, 34 Stat., 248; G. O., 115, 1906.

The enlistment period of a man who has enlisted within three months from the date of his discharge as a commissioned officer of Philippine Scouts is determined by dividing his total continuous service at date of discharge by three, adding an additional enlistment period for any prior service which entitied him to "reenlisted pay." For example: If the officer on discharge had eight years of continuous service he would, on reenlistment, be entitled to pay of the third enlistment period. If prior to the commencement of such continuous service he had service which entitled him to reenlisted pay he would be placed in his fourth enlistment period.-P. M. G. O., Apr. 21 and Sept. 7, 1909, 74979 and 78043.

689. Those men who have been honorably discharged from the Marine Corps and enlisted in the Army within the time prescribed by law for that purpose are regarded