A-14041, OCTOBER 19, 1926, 6 COMP. GEN. 271

A-14041: Oct 19, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WAS A CIVILIAN EMPLOYEE AND MAY NOT BE COUNTED AS SERVICE IN THE NAVY IN COMPUTING THE BASE PAY TO WHICH ENTITLED UNDER A SUBSEQUENT APPOINTMENT AS WARRANT OFFICER (PAY CLERK) IN THE UNITED STATES COAST GUARD. IT APPEARS THAT CLAIMANT WAS APPOINTED PAY CLERK (T). YOU ARE HEREBY APPOINTED AS CLERK TO THE COMMANDANT. UPON YOUR ARRIVAL IN SAN FRANCISCO YOU WILL APPLY TO THE PAY OFFICER IN CHARGE OF THE U.S. WILL BE ALLOWED. UPON THE RECEIPT OF THIS COMMUNICATION YOU WILL EXECUTE THE INCLOSED OATH IN DUPLICATE. THIS APPOINTMENT IS MADE WITH THE UNDERSTANDING THAT YOU WILL SERVE AT LEAST TWO YEARS. UPON COMPLETING A SERVICE OF TWO OR MORE YEARS YOU WILL BE FURNISHED TRANSPORTATION TO HAMLET.

A-14041, OCTOBER 19, 1926, 6 COMP. GEN. 271

PAY - WARRANT OFFICER (PAY CLERK) - UNITED STATES COAST GUARD SERVICE UNDER A CIVIL-SERVICE APPOINTMENT AS CLERK TO COMMANDANT AT A NAVAL STATION AFTER THE APPROVAL OF THE ACT OF MARCH 3, 1909, 35 STAT. 753, WAS A CIVILIAN EMPLOYEE AND MAY NOT BE COUNTED AS SERVICE IN THE NAVY IN COMPUTING THE BASE PAY TO WHICH ENTITLED UNDER A SUBSEQUENT APPOINTMENT AS WARRANT OFFICER (PAY CLERK) IN THE UNITED STATES COAST GUARD.

DECISION BY COMPTROLLER GENERAL MCCARL, OCTOBER 19, 1926:

LUTHER W. CARTWRIGHT, PAY CLERK (T), UNITED STATES COAST GUARD, HAS REQUESTED REVIEW OF SETTLEMENT NO. 055562, DATED JANUARY 17, 1925, DISALLOWING HIS CLAIM UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630, FOR THE DIFFERENCE BETWEEN THE PAY OF A WARRANT OFFICER DURING THE FIRST SIX YEARS OF SERVICE AND DURING THE SECOND SIX YEARS OF SERVICE FOR THE MONTH OF AUGUST, 1924. IT APPEARS THAT CLAIMANT WAS APPOINTED PAY CLERK (T), IN THE UNITED STATES COAST GUARD AUGUST 1, 1924. HE BASES HIS CLAIM ON HIS PRIOR SERVICE AS CLERK TO THE COMMANDANT, NAVAL STATION, TUTUILA, SAMOA, FROM SEPTEMBER 1, 1914, TO MAY 23, 1921, A PERIOD OF MORE THAN SIX YEARS, UNDER HIS APPOINTMENT BY THE SECRETARY OF THE NAVY, DATED AUGUST 6, 1914, AS FOLLOWS:

1. IN ACCORDANCE WITH THE PROVISIONS OF SCHEDULE A, SECTION 3, RULE II, OF THE CIVIL SERVICE RULES, YOU ARE HEREBY APPOINTED AS CLERK TO THE COMMANDANT, NAVAL STATION, TUTUILA, SAMOA, WITH PAY AT THE RATE OF $1,500 PER ANNUM,"PAY, MISCELLANEOUS," (PAY OF CLERICAL, DRAFTING, INSPECTION FORCE, ETC.), YOUR PAY TO COMMENCE ON THE DATE OF YOUR SAILING FROM SAN FRANCISCO, CAL.

2. THE BUREAU OF NAVIGATION HAS BEEN DIRECTED TO FURNISH YOU RAILROAD TRANSPORTATION, INCLUDING PULLMAN ACCOMMODATIONS, FROM HAMLET, N.C., TO SAN FRANCISCO, CAL.

3. UPON YOUR ARRIVAL IN SAN FRANCISCO YOU WILL APPLY TO THE PAY OFFICER IN CHARGE OF THE U.S. NAVY PAY OFFICE WHO HAS BEEN DIRECTED TO SECURE FIRST CLASS TRANSPORTATION FOR YOU TO PAGO PAGO, SAMOA, VIA OCEANIC STEAMSHIP CO. STEAMER SAILING FROM SAN FRANCISCO, SEPTEMBER 1, 1914.

4. UNDER THIS CONTRACT NO CLAIM TO BE REIMBURSED FOR EXPENSE OF SUBSISTENCE WHILE EN ROUTE SAMOA, OR RETURN, WILL BE ALLOWED. TICKET ON BOARD STEAMER INCLUDES SUBSISTENCE.

5. UPON THE RECEIPT OF THIS COMMUNICATION YOU WILL EXECUTE THE INCLOSED OATH IN DUPLICATE, ONE COPY TO BE IMMEDIATELY RETURNED TO THE DEPARTMENT AND THE OTHER TO BE DELIVERED TO THE COMMANDANT OF THE STATION.

6. THIS APPOINTMENT IS MADE WITH THE UNDERSTANDING THAT YOU WILL SERVE AT LEAST TWO YEARS. UPON COMPLETING A SERVICE OF TWO OR MORE YEARS YOU WILL BE FURNISHED TRANSPORTATION TO HAMLET, N.C.

SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES:

* * * THAT HEREAFTER LONGEVITY PAY FOR OFFICERS IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, PUBLIC HEALTH SERVICE, AND COAST AND GEODETIC SURVEY SHALL BE BASED ON THE TOTAL OF ALL SERVICE IN ANY OR ALL OF SAID SERVICES.

UNDER THIS ACT CLAIMANT IS ENTITLED TO COUNT ANY PRIOR SERVICE IN THE NAVY IN COMPUTING HIS PAY AS WARRANT OFFICER IN THE COAST GUARD. SERVICE IN THE ARMY OR NAVY WHICH MAY BE COUNTED FOR LONGEVITY PAY PURPOSES IS MILITARY SERVICE AS DISTINGUISHED FROM CIVILIAN SERVICE. UNITED STATES V. MORTON, 112 U.S. 1; UNITED STATES V. LA TOURRETTE, 151 U.S. 572; SCHREINER V. UNITED STATES, 43 CT.CLS. 480; 23 COMP. DEC. 390; 2 COMP. GEN. 350; 4 ID. 72.

CLAIMANT RECOGNIZES THIS DISTINCTION AND CONTENDS THAT UNDER HIS APPOINTMENT AS CLERK TO THE COMMANDANT, NAVAL STATION, TUTUILA, SAMOA, HE WAS AN OFFICER IN THE NAVY, CITING AS AUTHORITY 25 COMP. DEC. 745, IN WHICH IT WAS HELD THAT CLERKS TO COMMANDANTS OF NAVAL STATIONS AS PROVIDED FOR BY SECTION 1556 OF THE REVISED STATUTES WERE OFFICERS OF THE NAVY WITHIN THE MEANING OF THE ACT OF MARCH 3, 1883, 22 STAT. 473, PROVIDING THAT ALL OFFICERS OF THE NAVY SHALL BE CREDITED WITH THE ACTUAL TIME THEY HAVE SERVED AS OFFICERS OR ENLISTED MEN IN THE ARMY OR NAVY, OR BOTH, FOR THE PURPOSE OF DETERMINING THEIR LONGEVITY PAY, AND THAT ACCORDINGLY A COMMISSIONED OFFICER OF THE NAVY WAS ENTITLED TO COUNT HIS PRIOR SERVICE AS SUCH CLERK TO COMMANDANT OF A NAVAL STATION.

THE ACT OF MARCH 3, 1909, 35 STAT. 753, MAKING APPROPRIATIONS FOR THE NAVAL SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1910, UNDER THE HEAD OF "PAY, MISCELLANEOUS," PROVIDED:

* * * THAT HEREAFTER THE RATES OF PAY OF THE CLERICAL, DRAFTING, INSPECTION, AND MESSENGER FORCE AT NAVY YARDS AND NAVAL STATIONS AND OTHER STATIONS AND OFFICES UNDER THE NAVY DEPARTMENT SHALL BE PAID FROM LUMP APPROPRIATIONS AND SHALL BE FIXED BY THE SECRETARY OF THE NAVY ON A PER ANNUM OR PER DIEM BASIS AS HE MAY ELECT; THAT THE NUMBER MAY BE INCREASED OR DECREASED AT HIS OPTION AND SHALL BE DISTRIBUTED AT THE VARIOUS NAVY YARDS AND NAVAL STATIONS BY THE SECRETARY OF THE NAVY TO MEET THE NEEDS OF THE NAVAL SERVICE, * * * THAT THE TOTAL AMOUNT EXPENDED ANNUALLY FOR PAY FOR SUCH CLERICAL, DRAFTING, INSPECTION, AND MESSENGER FORCE SHALL NOT EXCEED THE AMOUNTS SPECIFICALLY ALLOWED BY CONGRESS UNDER THE SEVERAL LUMP APPROPRIATIONS, AND THAT THE SECRETARY OF THE NAVY SHALL EACH YEAR, IN THE ANNUAL ESTIMATES, REPORT TO CONGRESS THE NUMBER OF PERSONS SO EMPLOYED, THEIR DUTIES, AND THE AMOUNT PAID TO EACH: * * * THAT SECTION FIFTEEN HUNDRED AND FORTY-FIVE, REVISED STATUTES, AND SO MUCH OF SECTION FIFTEEN HUNDRED AND FIFTY-SIX OF THE REVISED STATUTES AS RELATES TO PAY OF CLERKS TO COMMANDANTS OF NAVY YARDS AND NAVAL STATIONS, ARE HEREBY REPEALED: * *

THE EFFECT OF THIS ACT WAS TO ABOLISH THE STATUTORY POSITION OF CLERK TO COMMANDANT OF NAVAL STATIONS AS IT PREVIOUSLY EXISTED, AND AS A SUBSTITUTE THEREFOR AUTHORIZED THE SECRETARY OF THE NAVY TO APPOINT SUCH NUMBER OF CLERKS AT NAVAL STATIONS AS MAY BE NECESSARY AND TO FIX THEIR COMPENSATION TO BE PAID FROM LUMP-SUM APPROPRIATIONS.

IT WAS UNDER THIS ACT AND THE LUMP-SUM APPROPRIATION UNDER "PAY, MISCELLANEOUS," FOR CLERICAL, INSPECTION, AND MESSENGER SERVICE IN NAVY YARDS AND NAVAL STATIONS THAT CLAIMANT WAS APPOINTED AUGUST 6, 1914, UNDER THE CIVIL-SERVICE RULES, AS CLERK TO THE COMMANDANT, NAVAL STATION, TUTUILA, SAMOA.

HIS STATUS UNDER SAID APPOINTMENT WAS THAT OF A CIVILIAN EMPLOYEE, AND THE SERVICE RENDERED THEREUNDER WAS NOT SERVICE IN THE NAVY WITHIN THE MEANING OF THE ACT OF MAY 18, 1920, AND THEREFORE CAN NOT BE COUNTED IN COMPUTING HIS PAY UNDER THE ACT OF JUNE 10, 1922.