A-11889, DECEMBER 11, 1925, 5 COMP. GEN. 423

A-11889: Dec 11, 1925

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1925: I HAVE YOUR LETTER OF NOVEMBER 7. ARE ENTITLED IN COMPUTING THEIR PAY WHILE ON ACTIVE DUTY TO CREDIT FOR ACTIVE DUTY PERFORMED AFTER TRANSFER. SECTION 24 OF THE ACT APPLICABLE TO TRANSFERRED MEMBERS OF THE CLASS HERE CONSIDERED PROVIDES: ALL ENLISTED MEN WHO HERETOFORE HAVE BEEN TRANSFERRED FROM THE REGULAR NAVY TO THE FLEET NAVAL RESERVE ESTABLISHED BY THE ACT OF AUGUST 29. WHO BY SECTION 1 OF THIS ACT ARE TRANSFERRED TO THE FLEET NAVAL RESERVE HEREIN CREATED. SHALL RECEIVE THE RATE OF PAY THEY WERE LEGALLY ENTITLED TO RECEIVE IN THE NAVAL RESERVE FORCE: PROVIDED. BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE. PLUS THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' NAVAL SERVICE.

A-11889, DECEMBER 11, 1925, 5 COMP. GEN. 423

FLEET NAVAL RESERVE - ACTIVE DUTY PAY OF TRANSFERRED MEMBERS MEMBERS OF THE FLEET NAVAL RESERVE TRANSFERRED THERETO FROM THE REGULAR NAVY UNDER THE PROVISIONS OF THE ACT OF JULY 1, 1922, 42 STAT. 799, WHO HAD NOT COMPLETED 16 YEARS' SERVICE FOR PAY PURPOSES MAY BE CREDITED WITH ACTIVE SERVICE RENDERED AFTER TRANSFER IN COMPUTING THEIR LONGEVITY INCREASE OF PAY WHEN ON ACTIVE DUTY. SUCH SERVICE AFTER TRANSFER, HOWEVER, DOES NOT AFFECT THEIR RETAINER PAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, DECEMBER 11, 1925:

I HAVE YOUR LETTER OF NOVEMBER 7, 1925, REFERRING FOR DECISION THE QUESTION WHETHER TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE, TRANSFERRED THERETO WITH LESS THAN A TOTAL OF 16 YEARS' SERVICE FOR PAY PURPOSES, PURSUANT TO THE ACT OF JULY 1, 1922, 42 STAT. 799, ARE ENTITLED IN COMPUTING THEIR PAY WHILE ON ACTIVE DUTY TO CREDIT FOR ACTIVE DUTY PERFORMED AFTER TRANSFER.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1080, ABOLISHED THE NAVAL RESERVE FORCE ESTABLISHED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 588, AND CREATED IN LIEU THEREOF THE "NAVAL RESERVE" AS A COMPONENT PART OF THE UNITED STATES NAVY.

WHILE SECTION 11 OF THE ACT PROVIDES THE SAME PAY AND ALLOWANCES FOR MEMBERS OF THE NAVAL RESERVE WHEN ON ACTIVE DUTY AS RECEIVED BY OFFICERS AND ENLISTED MEN OF THE REGULAR NAVY OF THE SAME RANK, GRADE OR RATING, AND THE SAME LENGTH OF SERVICE, SECTION 24 OF THE ACT APPLICABLE TO TRANSFERRED MEMBERS OF THE CLASS HERE CONSIDERED PROVIDES:

ALL ENLISTED MEN WHO HERETOFORE HAVE BEEN TRANSFERRED FROM THE REGULAR NAVY TO THE FLEET NAVAL RESERVE ESTABLISHED BY THE ACT OF AUGUST 29, 1916, AND WHO BY SECTION 1 OF THIS ACT ARE TRANSFERRED TO THE FLEET NAVAL RESERVE HEREIN CREATED, SHALL RECEIVE THE RATE OF PAY THEY WERE LEGALLY ENTITLED TO RECEIVE IN THE NAVAL RESERVE FORCE: PROVIDED, THAT SUCH SUCH ENLISTED MEN SO TRANSFERRED TO THE FLEET NAVAL RESERVE HEREIN CREATED SHALL, UPON COMPLETING THIRTY YEARS' SERVICE, INCLUDING NAVAL SERVICE AND TIME IN THE FLEET NAVAL RESERVE OF THE NAVAL RESERVE FORCE AND IN THE FLEET NAVAL RESERVE HEREIN CREATED, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE, PLUS THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' NAVAL SERVICE.

IN SECTIONS 23 AND 26 OTHER CLASSES OF TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE ARE PROVIDED FOR AND A RETAINER PAY IS ESTABLISHED IN EACH CASE TO BE PAYABLE "EXCEPT WHEN ON ACTIVE DUTY.' IT SEEMS EVIDENT THAT IT WAS THE PURPOSE OF SECTION 24 TO PRESERVE TO TRANSFERRED MEMBERS COMING WITHIN ITS TERMS THE SAME PAY RIGHTS, BOTH AS TO RETAINER PAY AND WHEN ON ACTIVE DUTY AS EXISTED UNDER PRIOR LAW. UNDER THE PRIOR LAWS IT WAS HELD THAT TRANSFERRED MEMBERS OF THE FLEET NAVAL RESERVE OF THE NAVAL RESERVE FORCE WHEN ON ACTIVE DUTY WERE ENTITLED TO INCREASE FOR CONTINUOUS SERVICE AND UNDER GENERAL ORDER NO. 34 OF 1906, WHEN THE CONDITIONS FOR THOSE INCREASES WERE MET SUBSEQUENT TO TRANSFER, 25 COMP. DEC. 186. TO ACCORD TO THEM THE SAME RIGHTS TO ACTIVE DUTY PAY THEY HAD UNDER PRIOR LAWS, IF UPON THEIR TRANSFER THEY HAD NOT YET ATTAINED THE MAXIMUM OF LONGEVITY INCREASE AUTHORIZED BY SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, IT IS PROPER WHEN THEIR ACTIVE SERVICE BOTH BEFORE AND AFTER TRANSFER TO THE FLEET NAVAL RESERVE SHALL EQUAL ANOTHER LUSTRUM OF SERVICE THAT THEIR ACTIVE DUTY PAY AT THE RATES ESTABLISHED UNDER THE ACT OF JUNE 10, 1922, BE INCREASED PURSUANT TO SECTION 10 OF THAT ACT. SUCH ADDITIONAL SERVICE, HOWEVER, HAS NO APPLICATION TO THEIR RETAINER PAY. 4 COMP. GEN. 345.