B-61716, FEBRUARY 10, 1947, 26 COMP. GEN. 569

B-61716, FEBRUARY 10, 1947, 26 COMP. GEN. 569

PAY - NAVAL RESERVE AVIATION OFFICERS' LUMP-SUM PAYMENTS A NAVAL RESERVE AVIATION OFFICER WHO HAD NOT ACTUALLY BEEN PROMOTED FROM SEAMAN, SECOND CLASS, V-5, USNR, TO AVIATION CADET UNTIL AFTER SEPTEMBER 3, 1942, ALTHOUGH COMMANDING OFFICERS HAD BEEN DIRECTED TO MAKE SUCH PROMOTIONS UPON ENACTMENT OF THE NAVAL AVIATION CADET ACT OF AUGUST 4, 1942, MAY NOT BE REGARDED AS HAVING BEEN PROMOTED PRIOR TO SEPTEMBER 4, 1942, SO AS TO BE ENTITLED TO THE LUMP-SUM PAYMENT AUTHORIZED BY SECTION 12 OF SAID ACT, THE PERTINENT PROVISIONS OF WHICH WERE SUSPENDED BY EXECUTIVE ORDER NO. 9268 AS TO OFFICERS TRANSFERRED TO THE GRADE OF AVIATION CADET MORE THAN 30 DAYS AFTER THE APPROVAL OF THE ACT.

ACTING COMPTROLLER GENERAL MCFARLAND TO THE SECRETARY OF THE NAVY, FEBRUARY 10, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF NOVEMBER 1, 1946, REQUESTING DECISION WHETHER LUMP-SUM PAYMENTS LEGALLY MAY BE MADE IN THE SPECIFIC CASE OF LIEUTENANT (JG) HERBERT D. COLLYER (A3), USNR, AND IN THE CASE OF OTHER INDIVIDUALS WHO WERE ENLISTED AS SECOND CLASS SEAMEN, V-5, USNR, FOR PRIMARY FLIGHT TRAINING PRIOR TO AUGUST 4, 1942, BUT WHO WERE NOT TRANSFERRED TO THE ENLISTED GRADE OF AVIATION CADET, WHILE ON INACTIVE DUTY, PRIOR TO SEPTEMBER 4, 1942, UNDER THE CONDITIONS STATED IN THE ENCLOSED LETTER FROM THE CHIEF OF NAVAL PERSONNEL. SAID ENCLOSED LETTER IS AS FOLLOWS: REFS: (A) BUPERS LTR PERS 367C MD QR5 (529) OF 21 JULY 1942.

(B) BUPERS DISPATCH 1070659 OF 7 AUG. 1942. ENCLOSURES: (A) COPY OF REFERENCE (A).

(B) COPY OF REFERENCE (B).

(C) LTR FROM LT. (JG) HERBERT D. COLLYER (A3) USNR DATED

26 JULY 1946.

1. PRIOR TO THE ENACTMENT OF THE NAVAL AVIATION CADET ACT OF 1942, ALL CANDIDATES FOR FLIGHT TRAINING IN THE NAVAL RESERVE, UPON BEING ACCEPTED FOR SUCH TRAINING, WERE ENLISTED AS SEAMEN SECOND CLASS, V-5, USNR. AFTER COMPLETION OF A PRELIMINARY COURSE OF FLIGHT TRAINING, THE ENLISTED STATUS OF QUALIFIED MEN WAS TERMINATED BY APPOINTMENTS AS AVIATION CADETS, USNR, MADE BY THE SECRETARY OF THE NAVY. SECTION 2 OF THE ACT OF 4 AUGUST 1942 ESTABLISHED THE SPECIAL ENLISTED GRADE OF AVIATION CADET, THEREBY ELIMINATING THE NECESSITY FOR INDIVIDUAL APPOINTMENTS TO THAT STATUS, AND PERMITTED THE DECENTRALIZATION OF MANY ADMINISTRATIVE FUNCTIONS PREVIOUSLY PERFORMED BY THE BUREAU OF NAVAL PERSONNEL IN CONNECTION WITH THE AVIATION TRAINING PROGRAM.

2. IMMEDIATELY FOLLOWING ENACTMENT OF PUBLIC LAW 698, 77TH CONGRESS, THIS BUREAU, ON 7 AUGUST 1942, BY DISPATCH, DIRECTED THE COMMANDING OFFICERS OF ALL NAVAL ACTIVITIES HAVING COGNIZANCE OF SEAMEN SECOND CLASS, V-5 USNR, TO TRANSFER SUCH PERSONNEL TO THE RATING OF AVIATION CADET, V-5, USNR. COPIES OF THE FOREGOING DISPATCH AND THE LETTER TO WHICH IT REFERS ARE ATTACHED AS ENCLOSURES (A) AND (B).

3. SECTION 12 OF THE NAVAL AVIATION CADET ACT OF 1942 PROVIDES THAT THE PAYMENT OF THE LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF CONTINUOUS COMMISSIONED ACTIVE SERVICE IN THE CASE OF OFFICERS COMMISSIONED PURSUANT THERETO MAY BE SUSPENDED DURING WAR OR NATIONAL EMERGENCY WHEN THE PRESIDENT SHALL SO DIRECT, AS TO OFFICERS WHO WERE ORIGINALLY ENLISTED IN THE GRADE OF AVIATION CADET OR TRANSFERRED TO THAT ENLISTED GRADE MORE THAN THIRTY DAYS AFTER THE APPROVAL OF THE ACT. EXECUTIVE ORDER 9268, WHICH ACCOMPLISHED THE FOREGOING SUSPENSION IS QUOTED AS FOLLOWS:

" BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE NAVAL AVIATION CADET ACT OF 1942, APPROVED AUGUST 4, 1942 ( PUBLIC LAW 698--- 77TH CONGRESS), THE PROVISIONS OF SECTION 12 OF SAID ACT, EXCEPT THOSE OF THE FIRST PROVISO THEREOF, ARE HEREBY SUSPENDED DURING THE PRESENT WAR AS TO ALL OFFICERS WHO WERE FORMERLY ENLISTED IN THE GRADE OF AVIATION CADET OR TRANSFERRED TO THAT ENLISTED GRADE SUBSEQUENT TO SEPTEMBER 3, 1942.

" FRANKLIN D. ROOSEVELT.'

DUE TO LACK OF TRAINING FACILITIES, CERTAIN MEN ENLISTED AS SEAMEN SECOND CLASS, V-5, USNR, FOR AVIATION TRAINING WERE CONTINUED IN AN INACTIVE STATUS UNTIL SUCH TIME AS ADEQUATE TRAINING FACILITIES BECAME AVAILABLE TO CALL THEM TO ACTIVE DUTY FOR INTEGRATION INTO THE AVIATION TRAINING PROGRAM. THE RECORDS OF SUCH MEN, IN AN INACTIVE STATUS, WERE MAINTAINED AT THE VARIOUS NAVAL AVIATION CADET SELECTION BOARDS, THE SENIOR MEMBERS OF WHICH WERE RESPONSIBLE FOR CARRYING OUT THE DIRECTIVES OF THE BUREAU OF NAVAL PERSONNEL WITH RESPECT TO SUCH MEN, INCLUDING CHANGES IN RATING AND ISSUANCE OF ORDERS TO ACTIVE DUTY. THE PURPOSE OF ISSUING THE DISPATCH OF 7 AUGUST 1942 WAS TO INSURE THAT ADDRESSEES WOULD IMMEDIATELY UPON RECEIPT THEREOF TAKE THE NECESSARY ACTION TO TRANSFER TO THE GRADE OF AVIATION CADET ALL SEAMEN SECOND CLASS, V-5, USNR, UNDER THEIR COMMAND, IRRESPECTIVE OF DUTY STATUS, IN ORDER NOT TO DEPRIVE SUCH INDIVIDUALS OF ENTITLEMENT TO THE LUMP-SUM PAYMENT UNDER THE LAWS IN EFFECT AT TIME OF ENLISTMENT FOR AVIATION TRAINING. THE HEARINGS ON THE BILL ENACTED AS THE NAVAL AVIATION CADET ACT OF 1942 SHOW THAT IT WAS THE INTENT ,TO CONTINUE THE LUMP SUM PAYMENT TO THOSE ALREADY IN THE SERVICE, UP TO 30 DAYS AFTER THE PASSAGE OF THIS ACT.' ( HEARING NO. 269 ON H.R. 7364, HELD BEFORE THE COMMITTEE ON NAVAL AFFAIRS, HOUSE OF REPRESENTATIVES, ON 20 JULY 1942.) THIS, OF COURSE, COULD ONLY BE ACCOMPLISHED BY TRANSFERRING SEAMEN SECOND CLASS, V-5, USNR, WHO WERE ENROLLED FOR FLIGHT TRAINING, TO THE ENLISTED GRADE OF AVIATION CADET PRIOR TO 4 SEPTEMBER 1942.

5. IT HAS COME TO THE ATTENTION OF THE CHIEF OF NAVAL PERSONNEL THAT CERTAIN COMMANDING OFFICERS HAVING CUSTODY OF RECORDS OF INDIVIDUALS ENLISTED AS SEAMEN SECOND CLASS, V-5, USNR, WHO WERE IN AN INACTIVE STATUS ON 7 AUGUST 1942, INADVERTENTLY FAILED TO MAKE THE NECESSARY ENTRY REGARDING CHANGE IN RATING AS REQUIRED BY REFERENCE (B) UNTIL AFTER 3 SEPTEMBER 1942. DELAY IN TAKING THE REQUIRED ADMINISTRATIVE ACTION HAS RESULTED IN DEPRIVING THE PERSONNEL AFFECTED OF PAYMENT OF LUMP SUM UPON RELEASE FROM ACTIVE DUTY, EVEN THOUGH THEY MET ALL OTHER STATUTORY REQUIREMENTS FOR PAYMENT. THERE IS FORWARDED HEREWITH AS A CASE IN POINT A LETTER FROM LT. (JG) HERBERT DAVID COLLYER (A3), USNR, ( INACTIVE), 504 FIFTH STREET, WILMETTE, ILLINOIS, DATED 26 JULY 1946, WHO ENLISTED AS A SEAMAN SECOND CLASS, V-5, USNR, ON 29 JUNE 1942. THE PAGE NINE ENTRY IN HIS ENLISTED SERVICE RECORD SHOWS THAT THE NAVAL AVIATION CADET SELECTION BOARD, CHICAGO, ILLINOIS, TRANSFERRED COLLYER TO THE GRADE OF AVIATION CADET, V-5, USNR, ON 9 SEPTEMBER 1942, CITING AS AUTHORITY THE ABOVE- MENTIONED DISPATCH OF 7 AUGUST 1942. HERBERT DAVID COLLYER SHOULD HAVE BEEN TRANSFERRED TO THE ENLISTED GRADE OF AVIATION CADET IMMEDIATELY UPON RECEIPT OF THE BUREAU'S DISPATCH OF 7 AUGUST 1942 BY HIS COMMANDING OFFICER. HOWEVER, THE REQUIRED ENTRY ON PAGE NINE OF HIS SERVICE RECORD WAS MADE SUBSEQUENT TO 3 SEPTEMBER 1942. ON THE BASIS OF CERTAIN RULINGS OF THE COMPTROLLER GENERAL RELATING TO THE EFFECTIVE DATE OF A CHANGE IN RATING FOR PAY PURPOSES, THE BUREAU OF SUPPLIES AND ACCOUNTS HAS HERETOFORE WITHHELD AUTHORIZATION FOR PAYMENT OF THE LUMP SUM TO LT. (JG) COLLYER AND OTHER OFFICERS SIMILARLY SITUATED. THE RECORDS OF THIS BUREAU SHOW THAT HERBERT DAVID COLLYER ACCEPTED APPOINTMENT AS ENSIGN, A-V (N), USNR, ON 10 JULY 1943. ON 1 MARCH 1945, IN ACCORDANCE WITH BUREAU OF NAVAL PERSONNEL CIRCULAR LETTER NO. 298-44 DATED 28 SEPTEMBER 1944, THE CLASSIFICATION OF LT. (JG) COLLYER WAS CHANGED TO A1, THE CLASSIFICATION ESTABLISHED BY THE FOREGOING LETTER FOR ALL NAVAL RESERVE OFFICERS (FORMER AVIATION CADETS) COMMISSIONED PURSUANT TO THE NAVAL AVIATION CADET ACT OF 1942. THE CONTINUOUS ACTIVE DUTY STATUS OF LT. (JG) COLLYER WAS TERMINATED ON 24 JANUARY 1946, THE DATE OF EXPIRATION OF TERMINAL LEAVE.

6. IN VIEW OF THE INTENT OF THE BUREAU OF NAVAL PERSONNEL, AS DIRECTED IN ITS DISPATCH OF 7 AUGUST 1942, THAT ALL SEAMEN SECOND CLASS, V-5, USNR, WHETHER ON ACTIVE OR INACTIVE DUTY, BE TRANSFERRED TO THE GRADE OF AVIATION CADET, AND THE DOUBT THAT EXISTS IN APPLYING THE PROVISIONS FOR PAYMENT IN THE CASES OF SEAMEN SECOND CLASS, V-5, USNR, WHO, THROUGH ADMINISTRATIVE FAILURE OF THEIR COMMANDING OFFICERS, WERE NOT SO TRANSFERRED PRIOR TO 4 SEPTEMBER 1942, IT IS RECOMMENDED THAT THE SPECIFIC CASE OF LT. (JG) HERBERT DAVID COLLYER, (A3), USNR, BE PRESENTED TO THE COMPTROLLER GENERAL FOR A DECISION AS TO WHETHER HE IS ENTITLED TO THE LUMP-SUM PAYMENT. IF IT IS HELD THAT LT. (JG) COLLYER AND OTHER PERSONS SIMILARLY AFFECTED ARE ENTITLED TO THE LUMP SUM, SUCH RULING WOULD BE APPLIED IN ADJUSTING THE ACCOUNTS ONLY OF THOSE INDIVIDUALS WHO INITIALLY ENLISTED AS SEAMEN SECOND CLASS, V-5, USNR, RIOR TO 7 AUGUST 1942, BUT WHOSE RATING WAS NOT CHANGED TO THAT OF AVIATION CADET, FOR THE REASON STATED HEREIN, PRIOR TO 4 SEPTEMBER 1942, PRIMARILY BY REASON OF THE FACT THAT THEY WERE IN AN INACTIVE STATUS.

THE LETTER OF JULY 21, 1942, REFERRED TO BY THE CHIEF OF NAVAL PERSONNEL, IS, IN PERTINENT PART, AS FOLLOWS: FROM: THE CHIEF OF NAVAL PERSONNEL. TO: SENIOR MEMBERS, ALL NAVAL AVIATION CADET SELECTION

BOARDS;

COMMANDING OFFICERS, ALL NAVAL RESERVE AVIATION BASES;

COMMANDING OFFICERS, ALL NAVAL AVIATION PRE-FLIGHT

SCHOOLS;

COMMANDANT, NAVAL AIR STATION, JACKSONVILLE, FLORIDA;

COMMANDANT, NAVAL AIR STATION, PENSACOLA, FLORIDA;

COMMANDANT, NAVAL AIR STATION, CORPUS CHRISTI, TEXAS;

COMMANDING OFFICER, NAVAL AIR STATION, LAKEHURST,

NEW JERSEY;

COMMANDING OFFICER, NAVAL AIR STATION, MIAMI, FLORIDA. SUBJECT: PROPOSED CHANGES IN STATUS OF AVIATION CADETS; PENDING

LEGISLATION; CHANGES IN ADMINISTRATION AND HANDLING OF

CLASS V-5, U.S. NAVAL RESERVE.

1. FOR INFORMATION AND ADVANCE PLANNING PURPOSES, ADDRESSEES ARE ADVISED THAT THERE IS PENDING IN CONGRESS LEGISLATION WHICH WILL AFFECT THE ADMINISTRATION OF AVIATION CADETS AND ENLISTED MEN OF CLASS V-5, U.S. NAVAL RESERVES. THE ENACTMENT OF SUCH LEGISLATION WILL PERMIT DECENTRALIZATION OF MANY ADMINISTRATIVE FUNCTIONS NOW BEING PERFORMED BY THE BUREAU OF NAVAL PERSONNEL.

2. UPON ENACTMENT OF THE PENDING LEGISLATION, AVIATION CADETS WILL NO LONGER BE APPOINTED BY THE SECRETARY OF THE NAVY, BUT WILL BE CARRIED IN AN ENLISTED STATUS IN CLASS V-5, U.S. NAVAL RESERVE THE GRADE OF AVIATION CADET, CLASS V-5, U.S. NAVAL RESERVE WILL BE A SPECIAL ENLISTED GRADE CREATED SPECIFICALLY TO PROVIDE A SUITABLE STATUS FOR STUDENT PILOTS UNDERGOING FLIGHT TRAINING LEADING TO DESIGNATION AS NAVAL AVIATOR AND COMMISSION AS ENSIGN, A-V (N), U.S. NAVAL RESERVE OR SECOND LIEUTENANT ( NAVC), MARINE CORPS RESERVE. FOR ALL PRACTICAL PURPOSES THE STATUS OF AVIATION CADET WILL CONTINUE AS HERETOFORE IN THAT IT IS THE INTENTION THAT THEY SHOULD BE BERTHED AND MESSED SEPARATELY FROM OTHER ENLISTED MEN INSOFAR AS PRACTICABLE, AND OTHERWISE ADMINISTERED AS A SPECIAL ENLISTED GROUP UNDERGOING TRAINING LEADING TO COMMISSIONED OFFICER STATUS.

3. UNDER PROVISIONS OF THE PENDING LEGISLATION, AVIATION CADETS WHO ARE NOW SERVING IN AN APPOINTIVE STATUS WILL CONTINUE TO SERVE UNDER THEIR APPOINTMENTS UNTIL COMMISSIONED OR DISCHARGED.

4. UPON NOTIFICATION BY THIS BUREAU OF THE ENACTMENT OF THE PENDING LEGISLATION, ADDRESSEES WILL BE DIRECTED TO TRANSFER ALL SEAMEN, SECOND CLASS, V-5, U.S. NAVAL RESERVE, TO THE RATING OF AVIATION CADET, CLASS V- 5, U.S. NAVAL RESERVE, BY APPROPRIATE ENTRY ON PAGE NINE OF THE ENLISTED SERVICE RECORD, A COPY OF WHICH WILL BE FORWARDED TO THE BUREAU OF NAVAL PERSONNEL. IN THE EVENT THAT NAVAL AVIATION CADET SELECTION BOARDS HAVE ISSUED ORDERS TO ACTIVE DUTY TO SEAMEN, SECOND CLASS, V-5, U.S. NAVAL RESERVE, SUCH ORDERS WILL NOT BE CHANGED, BUT THE SEAMEN, SECOND CLASS, V- 5, U.S. NAVAL RESERVE WILL BE TRANSFERRED TO THE RATING OF AVIATION CADET, CLASS V-5, U.S. NAVAL RESERVE, UPON REPORTING FOR ACTIVE DUTY. THEREAFTER, NAVAL AVIATION CADET SELECTION BOARDS WILL ORDER MEN OF CLASS V-5 TO DUTY AS AVIATION CADETS.

5. SEAMEN, SECOND CLASS, V-5, U.S. NAVAL RESERVE, THEN AWAITING CALL TO ACTIVE DUTY, SHOULD BE NOTIFIED BY APPROPRIATE LETTER OF THE CHANGE OF RATING. NAVAL AVIATION CADET SELECTION BOARDS WILL SUBSEQUENTLY, ENLIST APPLICANTS AS AVIATION CADETS, CLASS V-5, U.S. NAVAL RESERVE, INSTEAD OF AS SEAMEN, SECOND CLASS.

6. GENERAL ADMINISTRATIVE INSTRUCTIONS CONCERNING SEAMEN, SECOND CLASS, V -5, U.S. NAVAL RESERVE, SHALL BE APPLICABLE TO AVIATION CADETS, CLASS V-5, U.S. NAVAL RESERVE, IMMEDIATELY UPON RECEIPT OF APPROPRIATE DIRECTIVES FROM THE BUREAU OF NAVAL PERSONNEL CONCERNING THE CHANGE OF STATUS.

10.IT IS THE INTENTION THAT ADDRESSEES WILL BE NOTIFIED BY DISPATCH WHEN THE PENDING LEGISLATION IS ENACTED INTO LAW. AT THAT TIME, THE PROVISIONS OF THE LETTER SHALL BE PUT INTO EFFECT.

THE DISPATCH OF AUGUST 7, 1942, ALSO REFERRED TO BY THE CHIEF OF NAVAL PERSONNEL, IS AS FOLLOWS: BUPERS SR MBRS ALL NAVAVCAD SELECTION RELEASED BY L. E. DENFELD, CAPT, BOARDS; CO ALL RESAVBASES; CO USN ALL USN PREFLIGHT SCHOOLS;

COMDT NAVAIRSTA PENSACOLA FLO,

JACKSONVILLE FLO, CORPUS CHRISTI

TEX; CO NAVAIRSTA LAKEHURST

NJ, MIAMI FLO

INFO: ALL DIRECTORS NAVOF PROCUREMENT REFER BUPERS LTR PERS THREE SIX THREE FIVE CAST MAKE DOG QUEEN ROGER FIVE PAREN FIVE TWO NINE PAREN DATED JULY TWENTY ONE NINETEEN FORTY TWO X NAVAL AVIATION CADET ACT OF NINETEEN FORTY TWO APPROVED BY PRESIDENT ON AUGUST FOUR NINETEEN FORTY TWO X TRANSFER ALL SEAMEN SECOND CLASS VICTOR FIVE NAVAL RESERVE TO RATING OF AVIATION CADET VICTOR FIVE AND CARRY OUT INSTRUCTIONS CONTAINED IN PARAGRAPH TEN OF ABOVE REFERENCED LTR

SECTION 12 OF THE ACT OF AUGUST 4, 1942, 56 STAT. 738, PROVIDES:

WHEN OFFICERS COMMISSIONED PURSUANT TO THIS ACT OR TO THE NAVAL AVIATION RESERVE ACT OF 1939 (53 STAT. 819) ARE RELEASED FROM ACTIVE DUTY THAT HAS BEEN CONTINUOUS FOR ONE OR MORE YEARS, THEY, OR IN THE EVENT OF THE DEATH OF SUCH OFFICERS AFTER CONTINUOUS ACTIVE DUTY FOR ONE OR MORE YEARS, THE BENEFICIARIES SPECIALLY DESIGNATED IN THE MANNER PRESCRIBED BY THE SECRETARY OF THE NAVY, SHALL BE PAID A LUMP SUM OF $500 FOR EACH COMPLETE YEAR OF CONTINUOUS COMMISSIONED ACTIVE SERVICE, AND IN THE EVENT OF THEIR DEATH NOT THE RESULT OF THEIR OWN MISCONDUCT, OR IF RELEASED FROM ACTIVE DUTY OTHERWISE THAN UPON THEIR OWN REQUEST OR AS A RESULT OF DISCIPLINARY ACTION, THIS LUMP SUM PAYMENT SHALL BE PRORATED FOR FRACTIONAL PARTS OF EACY YEAR OF SUCH SERVICE: PROVIDED, THAT THE LUMP SUM PAYMENTS AUTHORIZED HEREIN SHALL ACCRUE FOR NOT MORE THAN SEVEN YEARS AND SHALL BE IN ADDITION TO ANY PAY, ALLOWANCE, COMPENSATION, OR BENEFITS WHICH THEY MAY OTHERWISE BE ENTITLED TO RECEIVE: PROVIDED FURTHER, THAT THE PROVISIONS OF THIS SECTION, EXCEPT THOSE OF THE FIRST PROVISO HEREOF, MAY BE SUSPENDED DURING WAR OR NATIONAL EMERGENCY WHEN THE PRESIDENT SHALL SO DIRECT, AS TO ALL OFFICERS WHO WERE FORMERLY ENLISTED IN THE GRADE OF AVIATION CADETOR TRANSFERRED TO THAT ENLISTED GRADE MORE THAN THIRTY DAYS AFTER THE DATE OF APPROVAL OF THIS ACT.

IT APPEARS TO HAVE BEEN THE INTENT OF THE BUREAU OF NAVAL PERSONNEL THAT, UPON APPROVAL OF THE ACT OF AUGUST 4, 1942, CERTAIN DESIGNATED OFFICERS WOULD TRANSFER ALL MEN THEN HOLDING THE RATING OF SEAMAN, SECOND CLASS, V- 5, USNR, WHETHER ON ACTIVE OR ON INACTIVE DUTY, TO THE GRADE OF AVIATION CADET. HOWEVER, THE ABOVE-MENTIONED LETTER AND DISPATCH DID NOT ACCOMPLISH A CHANGE IN DESIGNATION OR PROMOTION IN THE CASE OF ANY PARTICULAR INDIVIDUALS BUT, INSTEAD, IT WAS CONTEMPLATED THAT PROMOTIONS FROM THE RATING OF SEAMAN, SECOND CLASS (AT $54 PER MONTH), TO THE RATING OF AVIATION CADET (AT $75 PER MONTH) WOULD BE MADE BY THE SUBORDINATE OFFICERS TO WHOM THE SAID LETTER AND DISPATCH WERE ADDRESSED. THE RULE IS WELL ESTABLISHED THAT, IN THE ABSENCE OF A STATUTE SO PROVIDING, A PROMOTION CAN HAVE NO RETROACTIVE EFFECT. SEE DU BOSE V. UNITED STATES, 65 C.1CLS. 142; A-22700, MAY 8, 1928; B 60277, JANUARY 10, 1947, 26 COMP. GEN. 475. COMPARE COLLINS V. UNITED STATES, 15 C.1CLS. 22; YOUNG V. UNITED STATES, 19 ID. 145; 17 COMP. DEC. 452; 25 COMP. GEN. 512. ACCORDINGLY, IT MUST BE HELD THAT LIEUTENANT COLLYER DID NOT BECOME AN AVIATION CADET UNTIL HIS TRANSFER TO THAT RATING BY SUCH SUBORDINATE OFFICER ON SEPTEMBER 9, 1942. HENCE IT FOLLOWS THAT BY VIRTUE OF THE SECOND PROVISO TO SECTION 12 OF THE ACT OF AUGUST 4, 1942, SUPRA, AND THE EXECUTIVE ORDER NO. 9268, DATED NOVEMBER 9, 1942, ISSUED PURSUANT THERETO, LIEUTENANT COLLYER IS EXCLUDED FROM THE BENEFITS OTHERWISE PROVIDED BY SAID SECTION AND, THEREFORE, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.