A-143, AUGUST 4, 1924, 4 COMP. GEN. 147

A-143: Aug 4, 1924

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WHILE THE COAST GUARD WAS OPERATING IN TIME OF WAR AS A PART OF THE REGULAR NAVY. WAS DETAINED IN THE SERVICE AFTER THE EXPIRATION OF HIS ENLISTMENT BY HIS COMMANDING OFFICER BECAUSE THE VESSEL ON WHICH HE WAS SERVING WAS IN FOREIGN SERVICE AND THE COUNTRY WAS AT WAR IS ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED BY SECTION 1422. 1924: I HAVE FOR CONSIDERATION THE QUESTION WHETHER DANIEL P. IS ENTITLED TO ONE-FOURTH ADDITIONAL PAY UNDER SECTION 1422. AS THEIR ENLISTMENT MAY HAVE OCCURRED ON EITHER THE ATLANTIC OR PACIFIC COAST OF THE UNITED STATES. SHALL RECEIVE FOR THE TIME DURING WHICH THEY ARE SO DETAINED. THUS THE ENLISTED MEN OF THE COAST GUARD DURING THE PERIOD IN QUESTION WERE ENTITLED TO BENEFITS ACCORDED ENLISTED MEN OF THE NAVY UNDER SECTION 1422.

A-143, AUGUST 4, 1924, 4 COMP. GEN. 147

COAST GUARD PAY - RETENTION BEYOND ENLISTMENT AN ENLISTED MAN OF THE COAST GUARD WHO, WHILE THE COAST GUARD WAS OPERATING IN TIME OF WAR AS A PART OF THE REGULAR NAVY, WAS DETAINED IN THE SERVICE AFTER THE EXPIRATION OF HIS ENLISTMENT BY HIS COMMANDING OFFICER BECAUSE THE VESSEL ON WHICH HE WAS SERVING WAS IN FOREIGN SERVICE AND THE COUNTRY WAS AT WAR IS ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY PROVIDED BY SECTION 1422, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 3, 1875, 18 STAT. 484.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 4, 1924:

I HAVE FOR CONSIDERATION THE QUESTION WHETHER DANIEL P. SWEENEY, FORMER ENLISTED MAN IN THE RATING OF BOY, FIRST CLASS, UNITED STATES COAST GUARD, IS ENTITLED TO ONE-FOURTH ADDITIONAL PAY UNDER SECTION 1422, REVISED STATUTES, FOR THE PERIOD JANUARY 12 TO SEPTEMBER 30, 1918.

SECTION 1422, REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 3, 1875, 18 STAT. 484, PROVIDES:

THAT IT SHALL BE THE DUTY OF THE COMMANDING OFFICER OF ANY FLEET, SQUADRON, OR VESSEL ACTING SINGLY, WHEN ON SERVICE, TO SEND TO AN ATLANTIC OR TO A PACIFIC PORT OF THE UNITED STATES, AS THEIR ENLISTMENT MAY HAVE OCCURRED ON EITHER THE ATLANTIC OR PACIFIC COAST OF THE UNITED STATES, IN SOME PUBLIC OR OTHER VESSEL, ALL PETTY OFFICERS AND PERSONS OF INFERIOR RATINGS DESIRING TO GO THERE AT THE EXPIRATION OF THEIR TERMS OF ENLISTMENT, OR AS SOON THEREAFTER AS MAY BE, UNLESS, IN HIS OPINION, THE DETENTION OF SUCH PERSONS FOR A LONGER PERIOD SHOULD BE ESSENTIAL TO THE PUBLIC INTERESTS, IN WHICH CASE HE MAY DETAIN THEM, OR ANY OF THEM, UNTIL THE VESSEL TO WHICH THEY BELONG SHALL RETURN TO SUCH ATLANTIC OR PACIFIC PORT. ALL PERSONS ENLISTED WITHOUT THE LIMITS OF THE UNITED STATES MAY BE DISCHARGED, ON THE EXPIRATION OF THEIR ENLISTMENT, EITHER IN A FOREIGN PORT OR IN A PORT OF THE UNITED STATES, OR THEY MAY BE DETAINED AS ABOVE PROVIDED BEYOND THE TERM OF THEIR ENLISTMENT; AND THAT ALL PERSONS SENT HOME, OR DETAINED BY A COMMANDING OFFICER, ACCORDING TO THE PROVISIONS OF THIS ACT, SHALL BE SUBJECT IN ALL RESPECTS TO THE LAWS AND REGULATIONS FOR THE GOVERNMENT OF THE NAVY UNTIL THEIR RETURN TO AN ATLANTIC OR PACIFIC PORT AND THEIR REGULAR DISCHARGE; AND ALL PERSONS SO DETAINED BY SUCH OFFICER, OR RE-ENTERING TO SERVE UNTIL THE RETURN TO AN ATLANTIC OR PACIFIC PORT OF THE VESSEL TO WHICH THEY BELONG, SHALL IN NO CASE BE HELD IN SERVICE MORE THAN THIRTY DAYS AFTER THEIR ARRIVAL IN SAID PORT; AND THAT ALL PERSONS WHO SHALL BE SO DETAINED BEYOND THEIR TERMS OF ENLISTMENT OR WHO SHALL, AFTER THE TERMINATION OF THEIR ENLISTMENT, VOLUNTARILY RE- ENTER TO SERVE UNTIL THE RETURN TO AN ATLANTIC OR PACIFIC PORT OF THE VESSEL TO WHICH THEY BELONG, AND THEIR REGULAR DISCHARGE THEREFROM, SHALL RECEIVE FOR THE TIME DURING WHICH THEY ARE SO DETAINED, OR SHALL SO SERVE BEYOND THEIR ORIGINAL TERMS OF ENLISTMENT, AN ADDITION OF ONE-FOURTH OF THEIR FORMER PAY. * * *

THE ACT OF AUGUST 29, 1916, 39 STAT. 600, PROVIDED THAT---

WHENEVER, IN TIME OF WAR, THE COAST GUARD OPERATES AS A PART OF THE NAVY IN ACCORDANCE WITH LAW, THE PERSONNEL OF THAT SERVICE SHALL BE SUBJECT TO THE LAWS PRESCRIBED FOR THE GOVERNMENT OF THE NAVY.

AND THE ACT APPROVED MAY 22, 1917, 40 STAT. 87, PROVIDED FOR ENLISTED MEN OF THE COAST GUARD THE SAME RATES OF PAY PRESCRIBED FOR CORRESPONDING RATINGS AND LENGTH OF SERVICE OF ENLISTED MEN IN THE NAVY. THUS THE ENLISTED MEN OF THE COAST GUARD DURING THE PERIOD IN QUESTION WERE ENTITLED TO BENEFITS ACCORDED ENLISTED MEN OF THE NAVY UNDER SECTION 1422, REVISED STATUTES.

SECTION 1422, REVISED STATUTES, AS AMENDED IMPOSES ON THE COMMANDING OFFICER THE DUTY OF SENDING AN ENLISTED MAN TO A PORT OF THE UNITED STATES FOR DISCHARGE AT EXPIRATION OF ENLISTMENT WITH THE EXCEPTION THAT HE MAY DETAIN THE MAN WHEN HIS SERVICES ARE VERY "ESSENTIAL TO THE PUBLIC INTERESTS.' THE STATUTE RECOGNIZES THE MAN'S RIGHT TO A DISCHARGE UPON EXPIRATION OF HIS TERM OF ENLISTMENT AND PROVIDES THAT ONLY IN CASE THE PUBLIC INTERESTS DEMAND IT SHALL HE BE HELD LONGER IN THE SERVICE AGAINST HIS WILL, AND WHEN SO HELD PROVIDES ADDITIONAL COMPENSATION FOR SUCH EXTRA PERIOD OF SERVICE. ITS PRIMARY PURPOSE IS IN THE INTEREST OF AND FOR THE PROTECTION OF THE MAN. IN ANY CASE WHERE THE MAN'S DETENTION BEYOND THE TERM OF HIS ENLISTMENT, AGAINST HIS WILL, WHEN SERVING UNDER THE CONDITIONS PRESCRIBED IN THE STATUTE IS ESSENTIAL TO THE PUBLIC INTEREST, HE IS ENTITLED TO THE ONE-FOURTH ADDITIONAL PAY. 26 COMP. DEC. 128 AND 1050; 2 COMP. GEN. 177.

IN THIS CASE THE RECORDS SHOW THAT SWEENEY ENLISTED IN THE COAST GUARD JANUARY 12, 1917, FOR ONE YEAR, AND WAS HONORABLY DISCHARGED SEPTEMBER 30, 1918. THE ACTING COMMANDANT OF THE UNITED STATES COAST GUARD IN A LETTER DATED NOVEMBER 30, 1923, STATES THAT--

2. DUE TO THE FACT THAT THE OSSIPEE, THE VESSEL ON WHICH HE WAS SERVING WAS ON FOREIGN SERVICE AND THE COUNTRY WAS AT WAR, SWEENEY'S ENLISTMENT WAS EXTENDED FROM JANUARY 12, 1918, TO SEPTEMBER 20, 1918, INCLUSIVE, WHEN HE WAS GIVEN AN HONORABLE DISCHARGE. * * *

THE PAY AND ALLOTMENT OFFICER, UNITED STATES COAST GUARD, IN A LETTER DATED JULY 21, 1924, STATES THAT THE LOG OF THE OSSIPEE CONTAINS THE FOLLOWING ENTRY UNDER DATE OF JANUARY 11, 1918:

ENLISTMENTS OF E. R. HURNE, ORDINARY SEAMAN; W. D. SWEENEY, BOY, FIRST- CLASS; D. P. SWEENEY, BOY, FIRST-CLASS, AND C. A. LOGAN, COAL HEAVER, EXPIRED THIS DAY; ENLISTMENTS EXTENDED UNTIL FURTHER ORDERS OF SQUADRON COMMANDER.

IT IS APPARENT FROM THE RECORD THAT SWEENEY'S RETENTION IN THE SERVICE BEYOND DATE OF EXPIRATION OF HIS ENLISTMENT ON JANUARY 11, 1918, BY THE COMMANDING OFFICER BECAUSE THE COUNTRY WAS AT WAR WAS A DETENTION IN THE PUBLIC INTEREST AS CONTEMPLATED BY SECTION 1422, REVISED STATUTES, AND THAT HE IS ENTITLED TO ADDITIONAL PAY AS PROVIDED THEREIN DURING THE PERIOD OF SUCH DETENTION. SEE HEALEY V. UNITED STATES, 58 CT.CLS. 466.