A-10854, JANUARY 21, 1926, 5 COMP. GEN. 506

A-10854: Jan 21, 1926

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THE DISALLOWANCE OF WHICH WAS SUSTAINED ON REVIEW SEPTEMBER 1. IN SETTLEMENT OF YOUR CLAIM YOU WERE ALLOWED LONGEVITY PAY AS AFTER 12 YEARS FROM AUGUST 7. WHICH WAS NOT INCLUDED IN THE SETTLEMENT OF YOUR CLAIM. THAT YOU WERE DISCHARGED THEREFROM SEPTEMBER 30. THE NAVAL RESERVE FORCE WAS AN ADJUNCT FORCE OF THE NAVY AND UNDER THIS PROVISION AN ENLISTED MAN WHO SERVED AS A COMMISSIONED OFFICER THEREIN WITHIN THE PERIOD PRESCRIBED IS ENTITLED TO CREDIT FOR SUCH SERVICE FOR LONGEVITY PURPOSES. IN THE NAVY THOSE TEMPORARY APPOINTMENTS WERE IN SOME CASES CONTINUED TO DECEMBER 31. THE PURPOSE OF THE AMENDMENT WAS TO ALLOW SUCH MEN CREDIT FOR SERVICE AS AN OFFICER IN COMPUTING THEIR LONGEVITY AS IF SAME HAD BEEN SERVED IN AN ENLISTED RATING.

A-10854, JANUARY 21, 1926, 5 COMP. GEN. 506

NAVY PAY, LONGEVITY - ENLISTED MEN ACTIVE DUTY FOR PURPOSES OF TRAINING AS A WARRANT OR A COMMISSIONED OFFICER IN THE NAVAL RESERVE FORCE PERFORMED DURING THE PERIOD APRIL 6, 1917, TO DECEMBER 31, 1921, MAY NOT BE COUNTED BY AN ENLISTED MAN OF THE NAVY IN COMPUTING HIS LONGEVITY PAY UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 630, AS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 251.

COMPTROLLER GENERAL MCCARL TO R. G. MCNAUGHTON, C.M.M., UNITED STATES NAVY, JANUARY 21, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 19, 1925, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR LONGEVITY INCREASE OF PAY FROM JUNE 9 TO AUGUST 6, 1923, THE DISALLOWANCE OF WHICH WAS SUSTAINED ON REVIEW SEPTEMBER 1, 1925.

IT APPEARS THAT YOU LAST REENLISTED JUNE 9, 1923, AND THAT YOU HAD PREVIOUS SERVICE WHEN LAST DISCHARGED NOVEMBER 20, 1919, OF 11 YEARS, 10 MONTHS, AND 2 DAYS. IN SETTLEMENT OF YOUR CLAIM YOU WERE ALLOWED LONGEVITY PAY AS AFTER 12 YEARS FROM AUGUST 7, 1923. YOU NOW CLAIM ADDITIONAL LONGEVITY CREDIT FOR ACTIVE SERVICE AS A MEMBER OF THE NAVAL RESERVE FORCE DURING THE PERIOD MARCH 18, 1920, TO SEPTEMBER 30, 1921, WHICH WAS NOT INCLUDED IN THE SETTLEMENT OF YOUR CLAIM. THE BUREAU OF NAVIGATION, NAVY DEPARTMENT, IN LETTER OF OCTOBER 28, 1925, STATES THAT YOU ENROLLED IN THE UNITED STATES NAVAL RESERVE FORCE IN THE PROVISIONAL RANK OF LIEUTENANT (JUNIOR GRADE) ON MARCH 18, 1920; THAT YOU WERE DISCHARGED THEREFROM SEPTEMBER 30, 1921, AND THAT DURING SAID ENROLLMENT YOU PERFORMED ACTIVE DUTY FOR PURPOSES OF TRAINING FROM NOVEMBER 24 TO DECEMBER 23, 1920, AND FROM JUNE 4 TO JULY 30, 1921.

THE ACT OF MAY 31, 1924, 43 STAT. 251, PROVIDES:

THAT ALL ENLISTED MEN OF ALL THE SERVICES MENTIONED IN THE TITLE OF THIS ACT WHO SERVE AS WARRANT OR COMMISSIONED OFFICERS IN ANY OF SAID SERVICES, INCLUDING ADJUNCT FORCES THEREOF, SHALL BE CREDITED WITH ALL ACTIVE SERVICE SO PERFORMED DURING THE PERIOD FROM APRIL 6, 1917, TO DECEMBER 31, 1921, IN THE COMPUTATION OF THEIR ENLISTED SERVICE FOR LONGEVITY PAY PURPOSES AND SHALL BE PAID ACCORDINGLY.

THE NAVAL RESERVE FORCE WAS AN ADJUNCT FORCE OF THE NAVY AND UNDER THIS PROVISION AN ENLISTED MAN WHO SERVED AS A COMMISSIONED OFFICER THEREIN WITHIN THE PERIOD PRESCRIBED IS ENTITLED TO CREDIT FOR SUCH SERVICE FOR LONGEVITY PURPOSES.

DURING THE WORLD WAR MANY ENLISTED MEN ACCEPTED APPOINTMENTS AS WARRANT OR COMMISSIONED OFFICERS IN THE TEMPORARY AND ADJUNCT FORCES OF THE MILITARY AND NAVAL SERVICES, AND IN THE NAVY THOSE TEMPORARY APPOINTMENTS WERE IN SOME CASES CONTINUED TO DECEMBER 31, 1921. THE PURPOSE OF THE AMENDMENT WAS TO ALLOW SUCH MEN CREDIT FOR SERVICE AS AN OFFICER IN COMPUTING THEIR LONGEVITY AS IF SAME HAD BEEN SERVED IN AN ENLISTED RATING. WITHIN THE INTENT AND PURPOSE OF SECTION 10 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF MAY 31, 1924, ACTIVE SERVICES FOR TRAINING PURPOSES AS A WARRANT OR COMMISSIONED OFFICER OF THE NAVAL RESERVE FORCE DURING THE PERIOD APRIL 6, 1917, TO DECEMBER 31, 1921, MAY NOT BE CREDITED ENLISTED MEN OF THE NAVY FOR LONGEVITY PAY PURPOSES, AND YOU ARE NOT ENTITLED TO CREDIT FOR TRAINING SERVICE DURING THE PERIOD YOU WERE AN OFFICER IN THE NAVAL RESERVE FORCE FROM MARCH 18, 1920, TO SEPTEMBER 30, 1921. 4 COMP. GEN. 336.