A-11481, NOVEMBER 27, 1925, 5 COMP. GEN. 381

A-11481: Nov 27, 1925

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IS ENTITLED UNDER SAID SECTION TO CREDIT THEREFOR IN THE COMPUTATION OF HIS LONGEVITY PAY ON THE RETIRED LIST ONLY FROM THE DATE OF SAID ACT. 1925: THERE IS FOR SETTLEMENT THE CLAIM OF WILLIAM C. THE QUESTION FOR DETERMINATION IS WHETHER SECTION 3 OF THE ABOVE QUOTED ACT IS DESIGNED TO OPERATE RETROSPECTIVELY. THE GENERAL RULE FOR THE CONSTRUCTION OF ALL STATUTES IS THAT THEY APPLY ONLY TO FUTURE CASES UNLESS OTHERWISE EXPRESSLY STATED OR UNLESS IT APPEARS BY NECESSARY IMPLICATION FROM THE NATURE AND WORDS OF THE STATUTE THAT A RETROSPECTIVE EFFECT WAS INTENDED. THE LANGUAGE OF THE STATUTE IS THAT SUCH OFFICERS "SHALL BE CREDITED WITH ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT DURING THE PERIOD FROM APRIL 6.

A-11481, NOVEMBER 27, 1925, 5 COMP. GEN. 381

NAVY PAY, LONGEVITY - ACTIVE SERVICE AFTER RETIREMENT SECTION 3 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1271, AUTHORIZING RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE NAVY AND MARINE CORPS TO COUNT CERTAIN ACTIVE DUTY SERVICE PERFORMED DURING THE WORLD WAR IN COMPUTING THEIR LONGEVITY PAY, CONTAINS NO EXPRESSED PROVISION THAT IT SHOULD OPERATE RETROSPECTIVELY, AND A RETIRED WARRANT OFFICER OF THE NAVY WHO HAS HAD ACTIVE SERVICE BETWEEN APRIL 6, 1917, AND MARCH 3, 1921, IS ENTITLED UNDER SAID SECTION TO CREDIT THEREFOR IN THE COMPUTATION OF HIS LONGEVITY PAY ON THE RETIRED LIST ONLY FROM THE DATE OF SAID ACT.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 27, 1925:

THERE IS FOR SETTLEMENT THE CLAIM OF WILLIAM C. STAUFER, MACHINIST, UNITED STATES NAVY (RETIRED) FOR THE DIFFERENCE IN RETIRED PAY BETWEEN $125 PER MONTH, THE PAY OF THE FOURTH THREE YEARS' SERVICE, AND $140.625 PER MONTH, THE PAY FOR AFTER 12 YEARS' SERVICE, COVERING THE PERIOD NOVEMBER 30, 1919, TO JUNE 30, 1923, UNDER SECTION 3 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1271, WHICH WITH ITS TITLE PROVIDES:

TO CREDIT CERTAIN OFFICERS WITH ACTIVE DUTY PERFORMED SINCE RETIREMENT

SEC. 3. THAT ALL RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE UNITED STATES NAVY AND MARINE CORPS WHO SERVED ON ACTIVE DUTY IN THE NAVY AND MARINE CORPS OF THE UNITED STATES DURING THE WORLD WAR SHALL BE CREDITED WITH ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT DURING THE PERIOD FROM APRIL 6, 1917, TO MARCH 3, 1921, IN THE COMPUTATION OF THEIR LONGEVITY PAY.

THE RECORDS SHOW THAT STAUFER ENLISTED IN THE UNITED STATES ARMY JUNE 30, 1898; DISCHARGED OCTOBER 20, 1898; ENLISTED IN THE UNITED STATES NAVY SEPTEMBER 26, 1903; DISCHARGED SEPTEMBER 25, 1907; REENLISTED DECEMBER 9, 1907; APPOINTED ACTING MACHINIST DECEMBER 30, 1909; EXECUTED OATH OF OFFICE JANUARY 6, 1910; WARRANTED MACHINIST JULY 7, 1911, FROM DECEMBER 30, 1909; TRANSFERRED TO THE RETIRED LIST OF OFFICERS OF THE NAVY FROM DECEMBER 31, 1912, UNDER SECTION 1453, REVISED STATUTES; REPORTED FOR ACTIVE DUTY APRIL 7, 1917, AND SERVED ON ACTIVE DUTY AS MACHINIST, RETIRED, TEMPORARY LIEUTENANT (J.G.) AND TEMPORARY LIEUTENANT FROM THIS DATE TO DATE OF DETACHMENT NOVEMBER 29, 1919. HE REVERTED TO MACHINIST ON THE RETIRED LIST ON NOVEMBER 30, 1919.

ACCORDINGLY, CLAIMANT HAD 9 YEARS 4 MONTHS AND 13 DAYS' SERVICE ON THE DATE OF HIS RETIREMENT DECEMBER 31, 1912, AND HAD 2 YEARS 7 MONTHS AND 23 DAYS' ACTIVE SERVICE DURING THE PERIOD FROM APRIL 7, 1917, TO NOVEMBER 29, 1919, MAKING HIS TOTAL SERVICE 12 YEARS AND 6 DAYS ON NOVEMBER 29, 1919.

THE QUESTION FOR DETERMINATION IS WHETHER SECTION 3 OF THE ABOVE QUOTED ACT IS DESIGNED TO OPERATE RETROSPECTIVELY. THE GENERAL RULE FOR THE CONSTRUCTION OF ALL STATUTES IS THAT THEY APPLY ONLY TO FUTURE CASES UNLESS OTHERWISE EXPRESSLY STATED OR UNLESS IT APPEARS BY NECESSARY IMPLICATION FROM THE NATURE AND WORDS OF THE STATUTE THAT A RETROSPECTIVE EFFECT WAS INTENDED. SEE 2 COMP. GEN. 267; 26 COMP. DEC. 40; WHITE V. UNITED STATES, 191 U.S. 545.

THE STATUTE IN QUESTION INDICATES NO INTENTION TO OPERATE RETROSPECTIVELY SO AS TO ENTITLE RETIRED COMMISSIONED AND WARRANT OFFICERS OF THE NAVY AND MARINE CORPS WHO PERFORMED ACTIVE DUTY IN SAID SERVICE DURING THE PERIOD APRIL 6, 1917, TO MARCH 3, 1921, TO CREDIT FOR SUCH ACTIVE SERVICE IN THE COMPUTATION OF THEIR LONGEVITY PAY ON THE RETIRED LIST PRIOR TO ITS DATE. ON THE CONTRARY, THE LANGUAGE OF THE STATUTE IS THAT SUCH OFFICERS "SHALL BE CREDITED WITH ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT DURING THE PERIOD FROM APRIL 6, 1917, TO MARCH 3, 1921, IN THE COMPUTATION OF THEIR LONGEVITY PAY.' SUCH LANGUAGE MAY NOT BE CONSTRUED AS CONFERRING ANY RIGHT TO CREDIT PRIOR TO THE DATE OF SAID STATUTE.

ACCORDINGLY, THE CLAIM FOR DIFFERENCE IN RETIREMENT PAY BETWEEN THE PAY OF THE FOURTH THREE YEARS' SERVICE AND THE PAY FOR AFTER 12 YEARS' SERVICE FOR THE PERIOD NOVEMBER 30, 1919, TO JUNE 30, 1923, WILL BE DISALLOWED.

AS IT APPEARS THAT CLAIMANT WAS ALLOWED CREDIT IN HIS ACCOUNT FOR THE LONGEVITY PAY IN QUESTION FOR THE PERIOD FROM JULY 1, 1923, TO JUNE 30, 1925, IN THE ACCOUNTS OF LIEUTENANT COMMANDER E. H. BARBER (S.C.), UNITED STATES NAVY, ELEVENTH NAVAL DISTRICT, DURING THE PERIOD APRIL 1, 1925, TO JULY 31, 1925, A DISALLOWANCE WILL BE MADE IN THE AUDIT OF THE SAID SUPPLY OFFICER'S ACCOUNTS FOR THE LONGEVITY PAY CREDITED FOR THE PERIOD FROM JULY 1, 1923, TO MARCH 3, 1925.