JULY 31, 1923, 3 COMP. GEN. 64
Highlights
NAVY PAY - CHANGE OF RATING OF PETTY OFFICERS THE EFFECTIVE DATE OF CHANGE IN RATING OF A PETTY OFFICER OF THE NAVY IS THE DATE SUCH CHANGE IS AUTHORIZED BY THE CHIEF OF THE BUREAU OF NAVIGATION. IT BEING IMMATERIAL WHAT DATE NOTICE OF SUCH CHANGE IS RECEIVED BY THE PETTY OFFICER. 1923: I HAVE YOUR LETTER OF JULY 19. YOU STATE THAT THE COMMANDING OFFICERS OF VESSELS OR STATIONS ARE NO LONGER AUTHORIZED TO ISSUE APPOINTMENTS OR CHANGE IN THE RATING OF PETTY OFFICERS. THAT NOTICE OF THE CHANGE IN RATING IS NOT RECEIVED ON DISTANT STATIONS UNTIL AFTER THE DATE STATED IN THE AUTHORITY OF THE COMMANDING OFFICER TO CHANGE THE RATING. THIS AUTHORITY WAS NOT RECEIVED BY THE COMMANDING OFFICER OF THE NAVAL HOSPITAL.
JULY 31, 1923, 3 COMP. GEN. 64
NAVY PAY - CHANGE OF RATING OF PETTY OFFICERS THE EFFECTIVE DATE OF CHANGE IN RATING OF A PETTY OFFICER OF THE NAVY IS THE DATE SUCH CHANGE IS AUTHORIZED BY THE CHIEF OF THE BUREAU OF NAVIGATION, IT BEING IMMATERIAL WHAT DATE NOTICE OF SUCH CHANGE IS RECEIVED BY THE PETTY OFFICER.
ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE NAVY, JULY 31, 1923:
I HAVE YOUR LETTER OF JULY 19, 1923, REQUESTING DECISION WHETHER THE EFFECTIVE CHANGE IN RATING OF PETTY OFFICERS IN THE NAVY, FOR PAY PURPOSES, MAY BE CONSTRUED AS DATE AUTHORIZED BY THE BUREAU OF NAVIGATION.
YOU STATE THAT THE COMMANDING OFFICERS OF VESSELS OR STATIONS ARE NO LONGER AUTHORIZED TO ISSUE APPOINTMENTS OR CHANGE IN THE RATING OF PETTY OFFICERS, SUCH AUTHORITY BEING UNDER THE CONTROL AND DIRECTION OF THE BUREAU OF NAVIGATION; THAT IT FREQUENTLY HAPPENS THE BUREAU OF NAVIGATION DIRECTS A CHANGE IN THE RATING EFFECTIVE FROM A CERTAIN DATE, BUT THAT NOTICE OF THE CHANGE IN RATING IS NOT RECEIVED ON DISTANT STATIONS UNTIL AFTER THE DATE STATED IN THE AUTHORITY OF THE COMMANDING OFFICER TO CHANGE THE RATING.
AS EXAMPLE, YOU SUBMIT THE FOLLOWING CASE:
ON 20 SEPTEMBER, 1922, BUREAU OF NAVIGATION AUTHORIZED THE MEDICAL OFFICER IN COMMAND NAVAL HOSPITAL, CANACAO, P.I., TO CHANGE THE RATING OF HARRY D. BLEDSOE, FROM PH. M2C TO PH. M1C, AND THAT OF ANTONIO INGOGLIA FROM H. A, 1C, TO PH. M3C, EFFECTIVE 1 OCTOBER, 1922. THIS AUTHORITY WAS NOT RECEIVED BY THE COMMANDING OFFICER OF THE NAVAL HOSPITAL, CANACAO, UNTIL 1 DECEMBER, 1922.
YOUR QUESTION IS WHETHER THE EFFECTIVE DATE OF CHANGE IN RATING FOR PAY PURPOSES IN SUCH CASES IS THE DATE THE CHANGE WAS AUTHORIZED BY THE CHIEF OF THE BUREAU OF NAVIGATION.
THE RIGHT AND TITLE OF PETTY OFFICERS OF THE NAVY TO PAY PROVIDED FOR AN AUTHORIZED RATING DOES NOT ACCRUE BY REASON OF HIS RIGHT TO THE RATING, BUT BY REASON OF THE ACTUAL APPOINTMENT OR DESIGNATION. IT BECOMES COMPLETE ON THE DATE THE RATING IS MADE OR IS MADE EFFECTIVE, IF TO TAKE EFFECT IN THE FUTURE, BUT IT CAN NOT BE GIVEN RETROACTIVE EFFECT. COMP. DEC., 514; 17 ID., 52; 27 ID., 393.
UNDER THE PRESENT PRACTICE LIMITING AUTHORITY TO ADVANCE PETTY OFFICERS IN RATING TO THE BUREAU OF NAVIGATION, THE ACTUAL CHANGE IN RATING IS DETERMINED BY THE BUREAU OF NAVIGATION FROM THE MAN'S RECORDS, AND NO FURTHER ACTION ON THE PART OF THE MAN CONCERNED IS REQUIRED TO MAKE THE RATING EFFECTIVE. THE COMMANDING OFFICER'S ORDERS ARE NECESSARY ONLY FOR THE PURPOSE OF NOTIFICATION AND PROPER RECORD. THE EFFECTIVE DATE OF CHANGE IN RATING IS DETERMINED BY THE BUREAU OF NAVIGATION AND NOT BY THE COMMANDING OFFICER, AND IS NOT RETROACTIVE BY REASON OF THE FACT THAT THE DATE THEREOF ANTEDATES THE COMMANDING OFFICER'S ORDERS.
ACCORDINGLY, YOU ARE ADVISED THAT THE EFFECTIVE DATE OF CHANGES IN RATING OF PETTY OFFICERS OF THE NAVY, AS IN THE EXAMPLES SUBMITTED, IS THE DATE SUCH CHANGE IS AUTHORIZED BY THE CHIEF OF THE BUREAU OF NAVIGATION.