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12 These claimants were civilians in training without pay. They were not a part of the Army, but Army facilities and personnel were being utilized in their training. Such training was incident to the training and practice of the Army in the broadest sense and the damage resulted therefrom. The claims here in question are of the class of small claims, for which a prompt remedy was designed to be afforded by the annual appropriation acts. The claimants were entitled to relief under the statute for any loss or damage suffered by them incident to the training, practice, etc., of the Army before they entered the training camp, and their entry into the camp for training, without pay and without losing their civilian status, does not deprive them of the benefits of the statute. The claims may be paid accordingly.

An officer with less than seven years' service whose first appointment in the Regular Army was as second lieutenant, who was promoted to captain and thereafter resigned and after an interval of civilian life was reappointed first lieutenant, is not entitled to base pay and allowances of the third pay period under the joint service pay act of June 10, 1922, 42 Stat. 625, his "first appointment" not having been "above" that of second lieutenant.

Decision by Comptroller General McCarl, July 3, 1924:

There is before this office for consideration and decision the question whether an officer appointed second lieutenant, Regular Army, and promoted to first lieutenant and temporary captain, who resigned therefrom and after an interval of civilian life was reappointed first lieutenant in the same service under the provisions of section 24–e of the act of June 4, 1920, 41 Stat. 774, and was serving therein as captain on June 30, 1922, is entitled by reason of his grade and service to the pay and allowances of the third pay period as prescribed by section 1 of the act of June 10, 1922, 42 Stat. 625, or whether such grade and service entitled him to the pay and allowances prescribed for the second pay period by that act.

The question arises in connection with a payment made to First Lieut. J. W. Orcutt, Ordnance Department, in the accounts of Capt. R. L. Hubbell, finance officer at Watertown Arsenal, Mass., for the month of January, 1924, in the total amount of $327.20, consisting of base pay, $200; longevity, $10; subsistence allowance, $37.20; and rental allowance, $80.

The Official Army Register, at page 441, shows the services of this officer, all in the permanent establishment, as follows: