A-12589, FEBRUARY 11, 1926, 5 COMP. GEN. 619

A-12589: Feb 11, 1926

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WERE DISCHARGED THEREFROM SEPTEMBER 15. THE RECORD ALSO SHOWS THAT YOU WERE GIVEN A TEMPORARY APPOINTMENT AS PHARMACIST. WHICH WAS REVOKED ON SEPTEMBER 30. AS HE WAS RECEIVING AT TIME OF HIS DISCHARGE FROM THE NAVY TO PERMIT ENROLLMENT IN THE NAVAL RESERVE FORCE. THE HEARINGS AND COMMITTEE REPORT ON THIS PROVISION SHOW THAT IT WAS INTENDED FOR THE BENEFIT OF ENLISTED MEN WHO DURING THE WAR ACCEPTED DISCHARGE BEFORE EXPIRATION OF ENLISTMENT IN ORDER TO ACCEPT APPOINTMENT AS COMMISSIONED OR WARRANT OFFICERS IN THE NAVAL RESERVE FORCE UPON BEING GIVEN ADMINISTRATIVE ASSURANCE THAT THEY WOULD NOT THEREBY LOSE BENEFITS EARNED BY THEIR PRIOR SERVICE IN THE NAVY. WHERE THE INTERIM SERVICE IN THE NAVAL RESERVE FORCE WAS MORE THAN FOUR MONTHS.

A-12589, FEBRUARY 11, 1926, 5 COMP. GEN. 619

NAVY PAY - RESTORATION TO FORMER ENLISTED GRADE UNDER ACT OF MARCH 4, 1925 THE PROVISION IN PARAGRAPH 2 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1269, THAT ANY ENLISTED MAN OF THE NAVY OR MARINE CORPS WHO HAS BEEN DISCHARGED TO ENABLE HIM TO BE ENROLLED IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE AS A COMMISSIONED OR WARRANT OFFICER, AND WHO HAS REENLISTED IN THE NAVY WITHIN FOUR MONTHS FROM DATE OF TERMINATION OF HIS SERVICE IN THE RESERVE, SHALL BE ENTITLED FROM THE DATE OF SUCH REENLISTMENT TO THE PAY OF THE GRADE OR RATING HELD BY HIM WHEN SO DISCHARGED, HAS NO APPLICATION TO AN ENLISTED MAN DISCHARGED AT EXPIRATION OF ENLISTMENT WHO ENROLLED AS A WARRANT OFFICER IN THE NAVAL RESERVE FORCE, PERFORMED NO ACTIVE SERVICE THEREIN, AND SUBSEQUENTLY REENLISTED IN THE NAVY WITHIN FOUR MONTHS OF TERMINATION OF HIS ENROLLMENT.

COMPTROLLER GENERAL MCCARL TO W. J. BISEL, CH.PHAR. MATE, UNITED STATES NAVY, FEBRUARY 11, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR REVIEW OF SETTLEMENT NO. N 131741, DATED MAY 2, 1925, DISALLOWING YOUR CLAIM FOR DIFFERENCE BETWEEN PAY OF A CHIEF PHARMACIST'S MATE, ACTING APPOINTMENT, AND CHIEF PHARMACIST'S MATE, PERMANENT APPOINTMENT, FOR THE PERIOD AUGUST 16, 1923, TO SEPTEMBER 21, 1924.

THE RECORDS SHOW THAT YOU ENLISTED SEPTEMBER 10, 1906, DISCHARGED SEPTEMBER 9, 1910; REENLISTED NOVEMBER 21, 1914, AND DISCHARGED SEPTEMBER 30, 1919, BY REASON OF EXPIRATION OF ENLISTMENT; THAT YOU ENROLLED IN THE NAVAL RESERVE FORCE ON OCTOBER 1, 1919, AS A PHARMACIST, AND WERE DISCHARGED THEREFROM SEPTEMBER 15, 1923, HAVING PERFORMED NO ACTIVE DUTY BECAUSE OF HAVING ENLISTED IN THE UNITED STATES NAVY ON AUGUST 16, 1923. THE RECORD ALSO SHOWS THAT YOU WERE GIVEN A TEMPORARY APPOINTMENT AS PHARMACIST, UNITED STATES NAVY, ON OCTOBER 8, 1917, WHICH WAS REVOKED ON SEPTEMBER 30, 1919, WHEN YOU REVERTED TO YOUR FORMER STATUS AS AN ENLISTED MAN--- A CHIEF PHARMACIST'S MATE, PERMANENT APPOINTMENT.

YOU BASE YOUR CLAIM TO THE PAY OF A CHIEF PHARMACIST'S MATE, PERMANENT APPOINTMENT, UPON PROVISION IN PARAGRAPH 2 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1269, WHICH PROVIDES:

THAT ANY ENLISTED MAN OF THE NAVY OR MARINE CORPS WHO HAS BEEN DISCHARGED TO ENABLE HIM TO BE ENROLLED IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE AS A COMMISSIONED OR WARRANT OFFICER, AND WHO HAS HERETOFORE REENLISTED IN THE NAVY WITHIN FOUR MONTHS FROM THE DATE OF TERMINATION OF HIS SERVICE AS AN OFFICER IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE, SHALL BE RESTORED TO THE GRADE, RANK, OR RATING HELD BY HIM AT TIME OF DISCHARGE FROM THE NAVY TO PERMIT ENROLLMENT IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE, AND HE SHALL BE ENTITLED FROM THE DATE HE HAS HERETOFORE SO REENLISTED TO THE SAME RATE OF PAY, INCLUDING SUBSEQUENT INCREASES THEREIN, AS HE WAS RECEIVING AT TIME OF HIS DISCHARGE FROM THE NAVY TO PERMIT ENROLLMENT IN THE NAVAL RESERVE FORCE.

THE HEARINGS AND COMMITTEE REPORT ON THIS PROVISION SHOW THAT IT WAS INTENDED FOR THE BENEFIT OF ENLISTED MEN WHO DURING THE WAR ACCEPTED DISCHARGE BEFORE EXPIRATION OF ENLISTMENT IN ORDER TO ACCEPT APPOINTMENT AS COMMISSIONED OR WARRANT OFFICERS IN THE NAVAL RESERVE FORCE UPON BEING GIVEN ADMINISTRATIVE ASSURANCE THAT THEY WOULD NOT THEREBY LOSE BENEFITS EARNED BY THEIR PRIOR SERVICE IN THE NAVY. SUCH ASSURANCE NOT BEING SUPPORTED BY ANY PROVISION OF LAW THESE MEN, UPON LEAVING THE NAVAL RESERVE FORCE AND REENLISTING IN THE NAVY FOUND THAT BY REASON OF SUCH DISCHARGE, WHERE THE INTERIM SERVICE IN THE NAVAL RESERVE FORCE WAS MORE THAN FOUR MONTHS, THEY HAD LOST THE BENEFITS OF CONTINUOUS SERVICE IN THE NAVY THAT HAD ACCRUED TO THEM BY REASON OF PRIOR SERVICE IN THE NAVY. THE PROVISION IN THE ACT OF MARCH 4, 1925, WAS INTENDED TO RESTORE TO SUCH MEN THE GRADE, RANK, OR RATING WITH PAY WHICH THEY HAD LOST BY REASON OF SUCH DISCHARGE. THE PROVISION DOES NOT APPLY TO MEN WHO UPON DISCHARGE FROM THE NAVY AT EXPIRATION OF ENLISTMENT ENROLLED IN THE NAVAL RESERVE FORCE AS COMMISSIONED OR WARRANT OFFICERS, WHO PERFORMED NO ACTIVE SERVICE IN SUCH ENROLLMENT, AND WHO SUBSEQUENTLY REENLISTED IN THE NAVY WITHIN FOUR MONTHS FROM DATE OF TERMINATION OF THEIR SERVICE IN THE NAVAL RESERVE FORCE.

SINCE YOUR DISCHARGE FROM THE NAVY ON SEPTEMBER 30, 1919, WAS BY REASON OF EXPIRATION OF ENLISTMENT AND NOT TO PERMIT OR ENABLE YOU TO ENROLL IN THE NAVAL RESERVE FORCE, AND AS YOU PERFORMED NO ACTIVE SERVICE IN THE NAVAL RESERVE FORCE, THE PROVISION IN QUESTION GIVES YOU NO RIGHT ON YOUR ENLISTMENT AUGUST 16, 1923, TO PAY OF THE RATING OF THE CHIEF PHARMACIST'S MATE, PERMANENT APPOINTMENT, HELD BY YOU AT THE TIME OF DISCHARGE SEPTEMBER 30, 1919.