FOREIGN SERVICE.

522. "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, W. D., 1908.

NOTE. The date of arrival in the United States of officers returning from a tour of foreign service or on leave of absence 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 officers within the continental limits of the United States.— See Cir. 12, W. D., 1910.

523. The 10 per cent increase of pay for foreign service is not payable to officers 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 officers for service in Porto Rico and Hawaii ceased June 30, 1906. See 13 Comp., 33, July 21, 1906.

524. "The ten per cent allowed by law to officers serving beyond the limits of the United States and territories contiguous thereto, except Hawaii and Porto Rico, will be paid on their regular monthly pay vouchers, which will be made up to include the entire compensation, of whatever character, which may be due the officer for the calendar month, or months, included in the accounts. There will be noted on the pay accounts the numbers and dates of orders or any other facts which affect the officer's pay status for the period covered by the accounts presented for payment. "A. R., 1287, 1908.

525. "The statute is complied with if the officer is regularly assigned to some military duty at some place on land outside the limits of the United States other than duty of such a temporary character as might be attended to in connection with travel, or without seriously interfering with travel."-8 Comp., 302, Nov. 14, 1901 (case Capt. Myers, Marine Corps); see also Comp., Oct. 20, 1902, P. M. G. O., 30907 (case W. E. Birkhimer).

526. "When an officer's principal duty is to travel to a point outside the United States for the purpose of doing some specific thing and then to return to the United States, his service is not the kind for which the ten per centum increase of pay is provided."-Comp., Sept. 26, 1901 (case F. C. Cosby, U. S. Navy); see also Comp., Mar. 9, 1905 (case General Bates).

527. An officer serving at a foreign station who is not relieved from such station when ordered to the United States for temporary duty pertaining directly to the duties on which he was engaged while at his permanent station is not debarred from receiving the 10 per cent foreign service pay while in the United States.-13 Comp., 884, June 28, 1907. (Case Capt. Schulz, Engr. Corps.)

But where an officer does not remain in actual direct charge of the work at his permanent station, he is not entitled to the 10 per cent increase for foreign service while in the United States on such temporary duty.-14 Comp., 485, Feb. 6, 1908. (Case Capt. H. L. Wigmore, Corps of Engrs.)

528. An officer serving at a foreign station ordered to the United States to appear as a witness before a United States court is not entitled to 10 per cent increase of pay while in the United States.-Comp., Nov. 11, 1909 (case Captain Weigel). P. M.G.O., 29488.

NOTE. In the foregoing decision it is held that except in cases which come under paragraph 527, the right to the 10 per cent increase of pay is dependent upon whether in fact the service for which it is claimed was performed at a foreign station, or while going to and returning therefrom. Therefore, an officer availing himself of a leave from a foreign station is not entitled to 10 per cent increase while in the United States.P. M.G.

529. "Pay proper means the regular ordinary pay which an officer may be entitled to under the facts in his case, and if by virtue of length of service he is entitled to receive the compensation provided for in section 1262, that compensation is his pay, as distinguished from possible other compensation by any allowances, commutation, or otherwise."-Sup. Ct., Mar. 13, 1905. (Case S. C. Mills.)

NOTE.-Under the above, foreign-service pay should be computed on the highest grade held, including longevity pay, pay as aid, as acting commissary, and pay for mounts.-See 15 Comp., 430 and 566, Jan. 15 and Mar. 22, 1909, respectively.

530. An officer on foreign service "who has been relieved from duty and ordered to return to the United States, but who receives permission to delay en route, which amounts to a leave of absence, is entitled to increase of pay for foreign service during the period of such delay."-Comp., Apr. 27, 1903, Cir. 26, A. G. O., 1903. (Case Capt. Lynch.)

NOTE. Should the officer go to half-pay status before his arrival in the United States he is entitled to the 10 per cent on such half pay.

531. An officer ordered to report for duty on a revenue steamer cruising in Alaskan waters is not entitled to foreign-service pay, as he is not "serving at foreign stations" within the meaning of the law.-9 Comp., 553, Apr. 13, 1903. (Case Lt. Wiley.)

532. An officer on duty in the transport service who is assigned to a trans-oceanic transport under the provisions of General Orders 116, War Department, 1905, is not entitled to the 10 per cent increase of pay for foreign service.-Court of Claims, Feb. 3, 1908 (43 Ct. Cls., 166).

The fact that the order assigning an officer to duty on a trans-oceanic transport announces his station as Manila or some other place beyond the limits of the United States does not confer a right to the 10 per cent increase.-P. M. G. O., Feb. 10, 1909, 74002.

533. "Officers and enlisted men who have served on Army transports in the Philippine Archipelago at any time since May 26, 1900, under the control and orders of the commanding general, Philippines Division, or who may hereafter so serve, shall be entitled to receive the same rate of pay as is provided by law for officers and enlisted men serving at shore stations beyond the limits of the United States."-Act May 11, 1908, 35 Stat., 114; G. O., 80, 1908.

"An officer or enlisted man is not entitled to the same until he enters upon duty on an Army transport in the Philippine Archipelago under the control and orders of the commanding general; and his right thereto ceases when such duty ceases.” The time of going to or returning from said archipelago should not be included. The act does not apply to a voyage between the Philippine Islands and the United States or between the islands and a foreign port unless such voyage is incident to and part of the duty, as described above.-14 Comp., 907, June 23, 1908.

534. An officer serving with the Panama Canal Commission is not entitled to foreign-service pay from army appropriations.-12 Comp., 343, Dec. 5, 1905. (Case Major La Garde.)

HIGHER COMMAND.

535. "In time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised; provided, that a rate of pay exceeding that of a brigadier-general shall not be paid in any case by reason of such assignment.' -Act Apr. 26, 1898, 30 Stat., 365; G. O., 29, 1898.

536. “To entitle an officer to additional pay * * * for exercising a command above that pertaining to his grade, he must have exercised such command of troops operating against an enemy *** in obedience to orders issued by superior authority which he was bound to obey, and no pay or allowances as of a higher grade than that actually held by an officer will be paid him under this regulation unless a certified copy, in duplicate of such order, accompanied by a statement of service thereunder, is filed with the paymaster."—A. R., 1286, 1908.

NOTE.-Where an officer exercises a higher command by virtue of seniority no additional pay accrues, and the fact that orders were issued by competent authority directing him to assume the higher command does not effect a change in his status so as to entitle him to the pay.-205 U. S., 161, Mar. 18, 1907. (Case Lt. D. C. Mitchell, 1st Ohio Vol. Cav.)

LONGEVITY.

537. "There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, 10 per cent of their current yearly pay for each term of five years' service.”– R. S., 1262. (Act July 15, 1870.)

Longevity pay shall be computed on the yearly pay of the grade fixed by sections 1261 and 1274, Revised Statutes.-Act June 30, 1882, 22 Stat., 118; G. O., 72, 1882. 538. "The total amount of increase for length of service shall in no case exceed 40 per cent on the yearly pay of the grade.”—R. S., 1263.

"In no case shall the pay of a colonel exceed $5,000 a year; the pay of a lieutenant colonel exceed $4,500 a year, or the pay of a major exceed $4,000 a year.”—Act May 11, 1908, 35 Stat., 108; G. O., 80, 1908.

539. The 10 per cent increase for length of service is computed from date of acceptance of appointment.-12 Comp., 245, Oct. 28, 1905. (Case Marine Corps.) 540. Officers are entitled to count the full time as officers of volunteers or as enlisted men, regular or volunteer, in computing their service for longevity.-Act June 18, 1878, 20 Stat., 150; G. O., 37, 1878.

But the time between date of enrollment and muster-in can not be counted.7 Comp., 617, Apr. 8, 1901.

Service as an enlisted man or as an officer of volunteers prior to the act of June 18, 1878, can not be counted in computing longevity pay.-15 Comp., 220, Oct. 10, 1908. “The actual time of service in the Army or Navy, or both, shall be allowed officers in computing longevity pay."—Act Feb. 24, 1881, 21 Stat., 346; G. O., 27, 1881. "apothecary" in the Navy counted in computing longevity pay.— 5 Comp., 203, Oct. 29, 1898.

Service as an

Service in the Marine Corps counted for longevity pay.-See sec. 1612, R. S. 541. "In computing longevity pay, service performed as cadets at the Military or Naval academy, or as enlisted men of the Army or Navy, will be counted.'

A. R., 1290, 1908.

A cadet sentenced to suspension without pay for a year is nevertheless entitled to count the time so suspended in computation of longevity pay.--2d Comp., A 2585, L. R., P. M. G. O., 1888

542. Time served as a paymaster's clerk is counted in computing longevity pay for subsequent service as a commissioned officer.-9 Comp., 90, Sept. 4, 1902.

543. Service as a contract surgeon can not be counted in computing an officer's longevity pay.-10 Comp., 424, Nov. 16, 1903, also Comp., Aug. 19, 1909, in case of Herbert W. Yeamans, 1st Lt. Medical Reserve Corps, formerly contract surgeon.

544. Service as messenger and clerk in Commissary and Quartermaster's Departments can not be computed for longevity pay as an officer. -10 Comp., 83, July 25,

1903.

545. Marine-Hospital service is not service in the Army or Navy, and therefore can not be computed for longevity pay.—5 Comp., 175, Oct. 18, 1898.

MISCELLANEOUS DUTY.

546. The officer in charge of public buildings and grounds shall have the rank, pay, and emoluments of a colonel.-Act Mar. 3, 1873, 17 Stat., 535; G. O., 29, 1873.

547. "The President is authorized to appoint an officer of the Signal Corps as chief of the telegraph and cipher bureau of the Executive Office, who shall have, while so serving, the rank, pay, and allowances of a major.”—Act Mar. 2, 1903, 32 Stat., 932; G. O., 24, A. G. O., 1903.

548. An acting commissary shall receive $100 per annum in addition to the pay of his rank.-R. S., 1261.

NOTE.-Not to be included in computing an officer's longevity pay.

549. "An acting commissary will be paid the additional pay allowed by law, on the certificate of the Commissary-General that he has performed the duty contemplated therein during the time charged. To entitle him to this pay he must be detailed under proper orders from some established post or body of troops, and must issue full rations to troops from stores for which he is responsible. A regimental, squadron, or battalion commissary is not entitled to this additional pay.”—A. R., 1288, 1908.

550. "No officer shall receive pay for two staff appointments for the same time. This prohibition does not prevent a quartermaster of a regiment, who, in addition to the duties of his office, may be acting commissary, from receiving the extra compensation allowed by law for performing the duties of the latter."—A. R., 1289, 1908.

551. An officer of the Army may be detailed as chief of the Philippine constabulary and four officers as assistant chiefs, with the rank, pay, and allowances of brigadiergeneral and colonel, respectively, but the increased pay and allowances shall be paid out of the Philippine treasury.-Act Jan. 30, 1903, 32 Stat., 783; G. O., 12, A. G. O.,

1903.

PAY FOR MOUNTS.

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552. 'Hereafter the United States shall furnish mounts and horse equipments for all officers of the Army below the grade of major required to be mounted, but in case any officer below the grade of major required to be mounted provides himself with suitable mounts at his own expense, he shall receive an addition to his pay of $150 per annum if he provides one mount, and $200 per annum if he provides two mounts." Act May 11, 1908, 35 Stat., 108; G. O., 80, 1908.

553. “An officer claiming additional pay for providing his own mount must personally certify on each account that he was suitably mounted at his own expense, and is the actual and exclusive owner of the mount or mounts in question, specifying the place at which maintained. In case an officer is only temporarily upon duty requiring

him to be mounted, the authority by which he was placed upon such duty must accompany his first voucher and be cited upon subsequent vouchers upon which additional pay is claimed accompanied by a certificate that he has continued under the authority cited upon the mounted duty in question.

The officer's certificate upon his pay accounts will be the evidence upon which paymasters will base their payments of additional pay for mounts, until information is received by them from proper authority that such additional pay is to be stopped."Par. 1292, A. R., amended by G. O., 15, Jan. 26, 1910.

554.

"Officers below the grade of major providing their own mounts do not forfeit the right to additional pay by reason of absence on account of sickness or on ordinary leave, nor will the mere fact that such officers are detached for a purely temporary period from the stations where their mounts are kept deprive them of their right to the additional pay so long as the horses are actually and exclusively owned and kept for their use in the military service at their regular stations. In all other cases the right to the additional pay accrues only where the mounts are actually available for use at the station where the officer is serving.”—A. R., 1293, 1908, as anemded by G. O., 219, W. D., Oct. 30, 1909.

555.

The officers on the active list hereinafter designated are required to be mounted: All officers of the General Staff Corps; officers of the staff corps and departments, whether permanent or detailed; officers of cavalry; officers of field artillery; authorized aids duly appointed; regimental and battalion staff officers; acting judgeadvocates detailed under the act of Congress approved February 2, 1901; all officers above the grade of captain, whatever their arm or corps; chaplains of all grades; officers temporarily attached to staff corps or to organizations of cavalry, field artillery, and mounted infantry; regularly detailed assistants to the Chief of Coast Artillery; the authorized staff officers of artillery districts; officers serving as military attachés to the embassies and legations of the United States at foreign capitals; instructors and student officers at the Army School of the Line, the Army Signal School, the Army Staff College, and the Army War College; officers on duty in the Department of Tactics and in the Department of Practical Military Engineering, Military Signaling and Telegraphy at the United States Military Academy.

"In addition to the foregoing, officers not ordinarily required to be mounted may be temporarily placed upon duty that shall require them to be mounted. This may be done by the Secretary of War, the commander of an army, army corps, or of a territorial division or department; the order in each case will state that the duty therein assigned to the officer requires him to be mounted."-A. R., 1291, 1908, amended by G. O., 36, W. D., Feb. 26, 1909.

556. Officers on duty as constructing quartermasters under detail of the War Department, and placed under the instructions of the Quartermaster-General of the Army for that duty, are "officers temporarily attached to staff corps" within the meaning of paragraph 1291, Army Regulations.-Cir. 106, 1908.

557. Veterinarians of cavalry and field artillery are "officers required to be mounted" within the meaning of paragraph 1291, Army Regulations.-Cir. 5, W. D., 1909; see also 15 Comp., 819, June 12, 1909.

558. An officer of cavalry or field artillery below the grade of major detailed for duty with an educational institution is entitled to additional pay for suitable private mounts owned and maintained by him at his place of duty.-Comp., Mar. 31, 1910, Cir. 21, W. D., 1910.

The principle of this decision applies equally to an officer of the cavalry or field artillery assigned to duty with the organized militia or any other similar duty which permits him to use his private mounts.

But when an officer who is ordinarily required to be mounted is assigned to duty (other than of a temporary nature) which manifestly prevents him from using his