A-15831, DECEMBER 4, 1926, 6 COMP. GEN. 379

A-15831: Dec 4, 1926

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IS ENTITLED TO RETIRED PAY COMPUTED ON BASE OR PERIOD PAY PRESCRIBED IN SECTION 1 OF THE ACT OF JUNE 10. IS ENTITLED TO RETIRED PAY UNDER THE ACT OF MAY 8. WAS ENTITLED TO 5 YEARS' CONSTRUCTIVE SERVICE. THAT HE WAS RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY UNDER SECTION 2 OF THE ACT OF JUNE 4. WHICH PROVIDES: THAT ALL OFFICERS OF THE NAVAL RESERVE FORCE AND TEMPORARY OFFICERS OF THE NAVY WHO HAVE HERETOFORE INCURRED OR MAY HEREAFTER INCUR PHYSICAL DISABILITY IN LINE OF DUTY IN TIME OF WAR SHALL BE ELIGIBLE FOR RETIREMENT UNDER THE SAME CONDITIONS AS NOW PROVIDED BY LAW FOR OFFICERS OF THE REGULAR NAVY WHO HAVE INCURRED PHYSICAL DISABILITY IN LINE OF DUTY: * * * THE ACT OF MAY 8.

A-15831, DECEMBER 4, 1926, 6 COMP. GEN. 379

PAY, RETIRED - OFFICER OF THE NAVAL RESERVE FORCE UNDER THE PROVISIONS OF THE ACT OF MAY 8, 1926, 44 STAT. 417, AN OFFICER OF THE NAVAL RESERVE FORCE, RETIRED JULY 30, 1921, UNDER THE PROVISIONS OF THE ACT OF JULY 12, 1921, 42 STAT. 140, IS ENTITLED TO RETIRED PAY COMPUTED ON BASE OR PERIOD PAY PRESCRIBED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626, FOR OFFICERS OF THE SAME RANK, GRADE, AND LENGTH OF SERVICE IN THE REGULAR NAVY, WITH LONGEVITY THEREON TO WHICH ENTITLED ON JUNE 30, 1922.

COMPTROLLER GENERAL MCCARL TO COMMANDER N. B. FARWELL, UNITED STATES NAVY, DECEMBER 4, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 26, 1926, REQUESTING DECISION WHETHER LIEUT. CHARLES HERBERT LOWELL (M.C.), UNITED STATES NAVAL RESERVE FORCE, RETIRED JULY 30, 1921, IS ENTITLED TO RETIRED PAY UNDER THE ACT OF MAY 8, 1926, 44 STAT. 417, COMPUTED AS A LIEUTENANT OF THE REGULAR NAVY, OR ONLY TO THE PAY PROVIDED FOR NAVAL RESERVE OFFICERS UNDER THE ACT OF JUNE 10 1922, 42 STAT. 626.

IT APPEARS THAT ON DATE OF RETIREMENT LIEUTENANT LOWELL HAD 8 YEARS, 8 MONTHS, AND 28 DAYS NAVAL AND NAVAL RESERVE FORCE SERVICE AND 4 YEARS, 1 MONTH, AND 8 DAYS AS CONTRACT SURGEON IN THE ARMY, AND, HAVING BEEN APPOINTED TO THE REGULAR NAVY FROM CIVIL LIFE OCTOBER 8, 1912, WAS ENTITLED TO 5 YEARS' CONSTRUCTIVE SERVICE, OR A TOTAL LONGEVITY OF OVER 17 YEARS FOR PURPOSES OF COMPUTING HIS RETIRED PAY; THAT HE WAS RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY UNDER SECTION 2 OF THE ACT OF JUNE 4, 1920, AS MODIFIED BY THE ACT OF JULY 12, 1921, 42 STAT. 140, WHICH PROVIDES:

THAT ALL OFFICERS OF THE NAVAL RESERVE FORCE AND TEMPORARY OFFICERS OF THE NAVY WHO HAVE HERETOFORE INCURRED OR MAY HEREAFTER INCUR PHYSICAL DISABILITY IN LINE OF DUTY IN TIME OF WAR SHALL BE ELIGIBLE FOR RETIREMENT UNDER THE SAME CONDITIONS AS NOW PROVIDED BY LAW FOR OFFICERS OF THE REGULAR NAVY WHO HAVE INCURRED PHYSICAL DISABILITY IN LINE OF DUTY: * * *

THE ACT OF MAY 8, 1926, 44 STAT. 417, PROVIDES:

THAT HEREAFTER THE RETIRED PAY OF OFFICERS AND WARRANT OFFICERS OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, WHO WERE RETIRED ON OR BEFORE JUNE 30, 1922, SHALL NOT BE LESS THAN THAT PROVIDED FOR THE OFFICERS AND WARRANT OFFICERS OF THESE SERVICES OF EQUAL RANK AND LENGTH OF SERVICE RETIRED SUBSEQUENT TO THAT DATE: PROVIDED, THAT NOTHING IN THIS ACT SHALL OPERATE TO REDUCE THE PAY OF ANY OFFICER OR WARRANT OFFICER NOW ON THE RETIRED LIST.

THE ACT OF JULY 12, 1921, GIVES TO OFFICERS RETIRED THEREUNDER THE SAME PAY STATUS AS OFFICERS OF THE REGULAR NAVY RETIRED FOR THE SAME CAUSE. UNDER SECTIONS 1453 AND 1588, REVISED STATUTES, AS MODIFIED BY THE ACT OF MAY 30, 1908, 35 STAT. 501, OFFICERS OF THE REGULAR NAVY RETIRED FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY ARE ENTITLED TO 75 PERCENT OF THE PAY OF THEIR RANK WHEN RETIRED. 1 COMP. GEN. 83. WHEN LIEUTENANT LOWELL WAS RETIRED HE WAS ENTITLED TO ACTIVE DUTY PAY OF A LIEUTENANT IN THE REGULAR NAVY OF LIKE LENGTH OF SERVICE INCLUDING CONSTRUCTIVE SERVICE.

SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626, PROVIDES THAT:

* * * NOTHING CONTAINED IN THE FIRST SENTENCE OF SECTION 17 OR IN ANY OTHER SECTION OF THIS ACT SHALL AUTHORIZE AN INCREASE IN THE PAY OF OFFICERS OR WARRANT OFFICERS ON THE RETIRED LIST ON JUNE 30, 1922.

LIEUTENANT LOWELL WAS AN OFFICER ON THE RETIRED LIST OF THE NAVY ON JUNE 30, 1922, AND THEN CAME WITHIN THE CITED RESTRICTION. THE ACT OF MAY 8, 1926, REMOVED SUCH RESTRICTION AND GAVE HIM RIGHT THEREAFTER TO RETIRED PAY BASED ON THE RATES OF PAY PRESCRIBED IN THE ACT OF JUNE 10, 1922. UNDER THE ACT AUTHORIZING HIS RETIREMENT, HE WAS ENTITLED TO RETIRED PAY AS THOUGH AN OFFICER OF THE REGULAR NAVY, AND IS ENTITLED UNDER THE ACT OF MAY 8, 1926, TO BE PAID ON THE SAME BASIS.

ACCORDINGLY, YOU ARE ADVISED THAT UNDER THE ACT OF MAY 8, 1926, 44 STAT. 417, LIEUT. CHARLES HERBERT LOWELL (M.C.), UNITED STATES NAVAL RESERVE FORCE (RETIRED), IS ENTITLED TO RETIRED PAY BASED ON THE PAY OF A LIEUTENANT IN THE REGULAR NAVY WHO HAS COMPLETED 17 YEARS' SERVICE AS PROVIDED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626.