A-13991, APRIL 23, 1926, 5 COMP. GEN. 850

A-13991: Apr 23, 1926

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A WARRANT OFFICER OF THE NAVY IS ENTITLED TO THE SEA RATE OF PAY WHILE ON SEA DUTY AND TO THE SHORE RATE OF PAY WHILE IN A TRAVEL STATUS AT SEA. DURING THE PERIOD INVOLVED CLAIMANT WAS PAID UNDER SECTION 1 OF ACT OF JUNE 10. CLAIMANT WAS TRAVELING UNDER ORDERS ON A COMMERCIAL STEAMER FROM WILMINGTON. THE QUESTION RAISED IS WHETHER THE STATUTE AUTHORIZES THE HIGHER RATE WHILE AT SEA OR WHILE ON SEA DUTY. "SHALL RECEIVE THE SAME PAY AS IS NOW OR MAY BE AUTHORIZED BY LAW FOR WARRANT OFFICERS ON SEA DUTY.'. IN ESTABLISHING RATES OF PAY FOR WARRANT OFFICERS WHEN THEY WERE "AT SEA" USES A FORM WHICH HAS A WELL DEFINED MEANING IN LAWS APPLICABLE TO THE NAVY. IS TO BE READ IN CONNECTION WITH THE PROVISIONS OF SECTION 1571.

A-13991, APRIL 23, 1926, 5 COMP. GEN. 850

NAVY PAY - WARRANT OFFICER UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 630, A WARRANT OFFICER OF THE NAVY IS ENTITLED TO THE SEA RATE OF PAY WHILE ON SEA DUTY AND TO THE SHORE RATE OF PAY WHILE IN A TRAVEL STATUS AT SEA.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 23, 1926:

A. J. E. CHARBONNEAU, CHIEF PAY CLERK, UNITED STATES NAVY, HAS REQUESTED FEBRUARY 1, 1926, REVIEW OF SETTLEMENT NO. N-124363, DATED OCTOBER 1, 1925, DISALLOWING HIS CLAIM FOR SEA PAY FROM AUGUST 2 TO 9, 1924, AND FROM AUGUST 13 TO 24, 1924.

DURING THE PERIOD INVOLVED CLAIMANT WAS PAID UNDER SECTION 1 OF ACT OF JUNE 10, 1922, 42 STAT. 627, THE RATES OF PAY PROVIDED FOR WARRANT OFFICERS INSTEAD OF THE RATES FIXED BY STATUTE FOR COMMISSIONED WARRANT OFFICERS.

SECTION 10 OF THE ACT OF JUNE 10, 1922, PROVIDES THAT ON AND AFTER JULY 1, 1922, THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY SHALL BE, ACCORDING TO CERTAIN SERVICE, A FIXED AMOUNT ,WHEN AT SEA" AND ANOTHER AMOUNT WHEN "ON SHORE.'

DURING THE PERIOD AUGUST 2 TO 9, 1924, CLAIMANT WAS TRAVELING UNDER ORDERS ON A COMMERCIAL STEAMER FROM WILMINGTON, CALIF., TO HONOLULU, T.H., AND DURING THE PERIOD AUGUST 13 TO 24, 1924, ON BOARD THE U.S.S. CHAUMONT FROM HONOLULU, T.H., TO GUAM, M.I.

THE QUESTION RAISED IS WHETHER THE STATUTE AUTHORIZES THE HIGHER RATE WHILE AT SEA OR WHILE ON SEA DUTY.

THE ACT OF JULY 15, 1870, CARRIED INTO SECTION 1556, REVISED STATUTES, FIXED THE PAY FOR WARRANT OFFICERS AT RATES FOR PERIODS "WHEN AT SEA," WHEN "ON SHORE DUTY," AND WHEN "ON LEAVE, OR WAITING ORDERS.' THE ACT ALSO PRESCRIBED DIFFERENT RATES OF PAY FOR COMMISSIONED OFFICERS "WHEN AT SEA" AND WHEN "ON SHORE DUTY," AND SECTION 1571, REVISED STATUTES, PRESCRIBES WHAT SHALL BE SEA SERVICE. THE ACT OF JULY 11, 1919, PROVIDED, EFFECTIVE APRIL 6, 1917, THAT WARRANT OFFICERS ON SHORE DUTY BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, WHILE SO SERVING AND FROM THE TIME OF DEPARTURE FROM AND UNTIL THE TIME OF RETURN TO SAID LIMITS,"SHALL RECEIVE THE SAME PAY AS IS NOW OR MAY BE AUTHORIZED BY LAW FOR WARRANT OFFICERS ON SEA DUTY.' THE ACT OF JUNE 10, 1922, IN ESTABLISHING RATES OF PAY FOR WARRANT OFFICERS WHEN THEY WERE "AT SEA" USES A FORM WHICH HAS A WELL DEFINED MEANING IN LAWS APPLICABLE TO THE NAVY, AND IS TO BE READ IN CONNECTION WITH THE PROVISIONS OF SECTION 1571, REVISED STATUTES. CLAIMANT WAS CORRECTLY PAID THE RATE OF PAY TO WHICH HE IS ENTITLED. COMP. GEN. 256.)