A-15902, JULY 15, 1927, 7 COMP. GEN. 36

A-15902: Jul 15, 1927

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PAY - PERIODS - CHIEF WARRANT OFFICER OF THE NAVY A CHIEF WARRANT OFFICER OF THE NAVY IS AUTHORIZED TO INCLUDE PRIOR ACTIVE COMMISSIONED SERVICE AS A MEMBER OF THE NAVAL RESERVE FORCE. IS NOT AUTHORIZED TO INCLUDE INACTIVE SERVICE OR ACTIVE SERVICE FOR TRAINING THEREIN. IS NOT AUTHORIZED TO INCLUDE THAT INTERVAL IN THE COMPUTATION OF THE SIX YEARS' COMMISSIONED SERVICE REQUISITE TO ENTITLE HIM TO PAY OF THE SECOND PERIOD UNDER PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10. ALTHOUGH HE MAY HAVE BEEN A MEMBER OF THE NAVAL RESERVE FORCE ON INACTIVE DUTY DURING SUCH INTERVAL. FOR REVIEW OF THE SETTLEMENT WHEREIN CREDIT FOR $633.97 WAS DISALLOWED IN HIS DISBURSING ACCOUNT AS FOLLOWS: TABLE DISALLOWED IN PART.

A-15902, JULY 15, 1927, 7 COMP. GEN. 36

PAY - PERIODS - CHIEF WARRANT OFFICER OF THE NAVY A CHIEF WARRANT OFFICER OF THE NAVY IS AUTHORIZED TO INCLUDE PRIOR ACTIVE COMMISSIONED SERVICE AS A MEMBER OF THE NAVAL RESERVE FORCE, BUT IS NOT AUTHORIZED TO INCLUDE INACTIVE SERVICE OR ACTIVE SERVICE FOR TRAINING THEREIN, FOR THE PURPOSE OF COMPUTING THE SIX YEARS' COMMISSIONED SERVICE REQUISITE TO ENTITLE HIM TO SECOND-PERIOD PAY UNDER PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627. A CHIEF WARRANT OFFICER WHO EXECUTED THE OATH AND ACCEPTED AN ORIGINAL APPOINTMENT IN THE REGULAR NAVY DECEMBER 19, 1921, EFFECTIVE FROM AUGUST 5, 1920, IS NOT AUTHORIZED TO INCLUDE THAT INTERVAL IN THE COMPUTATION OF THE SIX YEARS' COMMISSIONED SERVICE REQUISITE TO ENTITLE HIM TO PAY OF THE SECOND PERIOD UNDER PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, ALTHOUGH HE MAY HAVE BEEN A MEMBER OF THE NAVAL RESERVE FORCE ON INACTIVE DUTY DURING SUCH INTERVAL.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 15, 1927:

LIEUT. N. R. WADE (SC), UNITED STATES NAVY, MADE APPLICATION JULY 26, 1926, FOR REVIEW OF THE SETTLEMENT WHEREIN CREDIT FOR $633.97 WAS DISALLOWED IN HIS DISBURSING ACCOUNT AS FOLLOWS:

TABLE DISALLOWED IN PART, 6/8/26:

P.N. 1925 ----------------------------------------------------- $222.72

P.N. 1924 ----------------------------------------------------- 411.25

633.97

23-48. CLIFFORD J. LISHMAN, CH.CARP. DIFFERENCE IN PAY FROM JUNE 25, 1924, AND SEPT. 30, 1924, BETWEEN $191.67, NEW PAY OF C.W.O. WITH 6 YEARS CREDITABLE RECORD AND 9 YEARS TOTAL SERVICE AND OLD PAY OF ENSIGN AFTER 5 YEARS AT $155.83 PER MONTH, $114.69; DIFFERENCE IN RENTAL BETWEEN $60.00 AND RENTAL AT $40.00, $64.00, AND DIFFERENCE SUBSISTENCE ALLOWANCE AT $1.20 PER DAY AND 60 CENTS PER DAY FOR ABOVE PERIOD, $58.80. ALSO, AMOUNT OF BACK CREDIT RENTAL $128.00, SUBSISTENCE $117.00, AND PAY $151.49, FOR PERIOD DEC. 13, 1923, TO JUNE 24, 1924. FROM RECORDS FILED IN THIS OFFICE APPARENTLY OFFICER IS NOT ENTITLED TO PAY OF CHIEF WARRANT OFFICER WITH 6 YEARS COMMISSIONED SERVICE UNTIL APRIL 27, 1925. COMMISSIONED SERVICE PER BUREAU OF NAVIGATION AS FOLLOWS:

TABLE

JUNE 9, 1917-JANUARY 31, 1920, U.S.N.R.F ----- 2 YRS. 7 MOS. 22 DAS.

DEC. 19, 1921-APRIL 26, 1925, U.S.N ---------- 3 YRS. 4 MOS. 8 DAS.

TOTAL ------------------------------------- 6 YRS.

NO EVIDENCE OF ACTIVE DUTY OTHER THAN FOR TRAINING DURING THE PERIOD FEBRUARY 1, 1920, TO DECEMBER 18, 1921, HAS BEEN FURNISHED.

CHIEF CARPENTER LISHMAN, TO WHOM THE ERRONEOUS PAYMENTS WERE MADE AS SET OUT IN THIS DISALLOWANCE, IS REPORTED BY THE BUREAU OF NAVIGATION TO HAVE HAD THE FOLLOWING ENLISTED AND COMMISSIONED SERVICE:

CHART

ENLISTED SERVICE

1909 1913 NOV. 4. ENLISTED.

DEC. 8. DISCHARGED

OFFICER SERVICE

1917 MAR. 28. ENROLLED IN PROVISIONAL RANK OF CARP. IN THE NAVAL COAST DEFENSE

RESERVE, CLASS 4, TO SERVE FOR A PERIOD OF FOUR YEARS FROM 28

MAR., 1917. APR. 4. ACCEPTED AND EXECUTED OATH OF OFFICE. APR. 9. NAVAL TRAINING STATION, GREAT LAKES, ILL., FOR ASSIGNMENT

TO DUTY. PRO. AND REP. 9 APR. JUNE 9. ENROLLED IN THE PROVISIONAL GRADE OF CHIEF CARP. IN THE NAVAL

COAST DEFENSE RESERVE, CL. 4, U.S.N.R.F. TO SERVE FOR A

PERIOD OF FOUR YEARS FROM JUNE 9, 1917. JUNE 9. ACCEPTED AND EXECUTED OATH OF OFFICE.

1920 JAN. 9. DEF. (MISSISSIPPI) HONORABLY DISCHARGED FROM ACTIVE SERVICE.

DIS. 31 JAN., 1920. OCT. 12. TO U.S.S. MISSISSIPPI AT SAN PEDRO, CALIF., ON 13TH OCT.

FOR TRAINING DUTY FOR 15 DAYS. DET. MISSISSIPPI AT SAN

PEDRO, CALIF., ON OCT. 30; AT HOME 12TH NAVAL DISTRICT.

1921 JAN. 17. TO U.S.S. LA VALLETTE AT SAN PEDRO, CALIF., ON 20 JAN.,

1921 FOR PASSAGE TO SAN DIEGO AND REP. TO COMDR.RES.DES.DIV.

FOR 60 DAYS' TRAINING DUTY. APR. 3. ENROLLMENT EXPIRED THIS DATE. APR. 11. REENROLLED IN THE PROVISIONAL GRADE OF CHIEF CARPENTER IN

NAVAL RESERVE, CL. 2, U.S.N.R.F. APR. 11. ACCEPTED EXECUTED OATH OF OFFICE. DEC. 10. DISCHARGED FROM U.S.N.R.F. DAY PRECEDING ACCEPTANCE APPT.

IN NAVY. DEC. 16. COMM. REG. CHIEF CARPENTER FROM AUG. 5, 1920. DEC. 19. ACCEPTED APPT. AND EXECUTED OATH OF OFFICE AS CHIEF CARP.

FROM AUG. 5, 1920.

UPON THIS RECORD OF SERVICE THE SECRETARY OF THE NAVY ADDRESSED THE FOLLOWING COMMUNICATION TO THE OFFICER JUNE 13, 1924:

1. THE DEPARTMENT HEREBY CERTIFIES THAT YOUR RECORD IS CREDITABLE WITHIN THE MEANING OF THE PROVISION CONTAINED IN THE ACT OF CONGRESS APPROVED JUNE 10, 1922, READING AS FOLLOWS:

"COMMISSIONED WARRANT OFFICERS ON THE ACTIVE LIST WITH CREDITABLE RECORDS SHALL, AFTER SIX YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE SECOND PERIOD, AND AFTER TWELVE YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE THIRD PERIOD.'

2. THE RECORDS OF THE DEPARTMENT SHOW THAT YOU ARE ENTITLED TO THE PAY OF THE SECOND PAY PERIOD FROM DECEMBER 13, 1923.

APPARENTLY THE CONCLUSION THAT CHIEF CARPENTER LISHMAN COMPLETED SIX YEARS OF COMMISSIONED SERVICE DECEMBER 12, 1923, WAS REACHED BY ALLOWING HIM CREDIT NOT ONLY FOR 2 YEARS 8 MONTHS AND 22 DAYS' ACTIVE COMMISSIONED SERVICE AS A MEMBER OF THE NAVAL COAST DEFENSE RESERVE FROM JUNE 9, 1917, TO JANUARY 31, 1920, AND FOR HIS ACTIVE COMMISSIONED SERVICE IN THE UNITED STATES NAVY ON AND AFTER DECEMBER 19, 1921, THE DATE OATH AND ACCEPTANCE OF HIS APPOINTMENT THEREIN WERE EXECUTED, BUT ALSO ALLOWED CREDIT FOR 1 YEAR 4 MONTHS AND 15 DAYS' CONSTRUCTIVE COMMISSIONED SERVICE IN THE UNITED STATES NAVY FROM AUGUST 5, 1920, THE DATE FROM WHICH HE TOOK RANK, TO DECEMBER 19, 1921, THE DATE OF OATH AND ACCEPTANCE.

THE CONTENTION PRESENTED BY THE APPLICATION FOR REVIEW IS THAT CHIEF CARPENTER LISHMAN IS ENTITLED TO PAY OF THE SECOND PAY PERIOD UNDER SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625-627. PARAGRAPH 12 OF THAT SECTION PROVIDES,"COMMISSIONED WARRANT OFFICERS ON THE ACTIVE LIST WITH CREDITABLE RECORDS SHALL, AFTER SIX YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE SECOND PERIOD.'

THE CONCLUSION OF THE SETTLEMENT WAS, IN EFFECT, THAT CONSTRUCTIVE COMMISSIONED SERVICE IN THE UNITED STATES NAVY BETWEEN DATE OF RANK, ON AN ORIGINAL APPOINTMENT, AND THE DATE OF OATH AND ACCEPTANCE, CAN NOT PROPERLY BE INCLUDED UNDER THE STATUTE IN THE COMPUTATION OF THE SIX YEARS' COMMISSIONED SERVICE REQUISITE TO ENTITLE A COMMISSIONED WARRANT OFFICER TO SECOND-PERIOD PAY, AND THAT CHIEF CARPENTER LISHMAN, THEREFORE, DID NOT COMPLETE SIX YEARS' COMMISSIONED SERVICE UNTIL APRIL 26, 1925.

ON AN ORIGINAL APPOINTMENT IN THE REGULAR NAVY, UNLESS THERE ISAN EXPRESS STATUTORY PROVISION TO THE CONTRARY, ACTUAL COMMISSIONED SERVICE FOR PURPOSES OF PAY, COMPUTATION OF LONGEVITY, ETC., DOES NOT BEGIN UNTIL ACCEPTANCE OF THE COMMISSION. YOUNG V. UNITED STATES, 19 CT.CLS. 145; KATZER V. UNITED STATES, 52 ID. 32; SECTION A, NAVY JOINT PAY BILL INSTRUCTIONS; 14 COMP. DEC. 80; 26 ID. 149. THE CONCLUSION REACHED IN THE SETTLEMENT THAT THE TIME FROM AUGUST 5, 1920, TO DECEMBER 18, 1921, INCLUSIVE, WAS NOT SERVICE IN THE NAVY AND WAS IMPROPERLY INCLUDED IN THE COMPUTATION OF SIX YEARS' COMMISSIONED SERVICE FOR THE PURPOSE OF GIVING CHIEF CARPENTER LISHMAN SECOND-PERIOD PAY, THEREFORE, WAS CORRECT, WHICH FACT SEEMS NOW TO BE RECOGNIZED BY THE SECRETARY OF THE NAVY, FOR, IN HIS LETTER OF JUNE 7, 1926, DIRECTING THE SUBMISSION OF AN APPLICATION FOR REVIEW TO THIS OFFICE, AN ENTIRELY DIFFERENT BASIS FOR COMPUTING THE REQUISITE SIX YEARS' COMMISSIONED SERVICE IS SUGGESTED, AS FOLLOWS:

* * * THE QUESTION INVOLVED IN THESE SUSPENSIONS, WHETHER THE PERIOD DURING WHICH THIS OFFICER WAS ON INACTIVE SERVICE IN THE NAVAL RESERVE MAY BE COUNTED IN DETERMINING THE PERIOD OF SIX YEARS' CREDITABLE SERVICE, HAS NOT BEEN DECIDED BY THE COMPTROLLER GENERAL OF THE UNITED STATES IN ANY CASE KNOWN TO THIS DEPARTMENT.

ALTHOUGH THE PRECISE QUESTION THUS PRESENTED SEEMS NOT TO HAVE HERETOFORE RECEIVED DETAILED CONSIDERATION, NUMEROUS CASES HAVE BEEN THE SUBJECT OF FORMAL DECISION WHEREIN THE QUESTION WAS INVOLVED AND DECIDED, THE MOST PERTINENT OF WHICH IS THE DECISION A-6432, DECEMBER 24, 1924, 40 MS. COMP. GEN. 1061, WHEREIN WAS INVOLVED THE QUESTION AS TO WHETHER CHIEF GUNNER KENNETH G. CLARK WAS ENTITLED TO PAY OF THE FIRST OR SECOND PERIOD UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 625. THAT OFFICER ACCEPTED APPOINTMENT AS ENSIGN, NAVAL COAST DEFENSE RESERVE, FEBRUARY 11, 1918, WAS ON ACTIVE DUTY FROM THAT DATE TO MARCH 12, 1919, 1 YEAR 1 MONTH 2 DAYS, AND ON INACTIVE DUTY FROM MARCH 13, 1919, TO APRIL 25, 1921, WHEN HIS ENROLLMENT EXPIRED, 2 YEARS 1 MONTH AND 13 DAYS. HE REENROLLED IN THE NAVAL RESERVE, CLASS 2, IN THE PROVISIONAL RANK OF ENSIGN MAY 3, 1921, AND FROM THEN UNTIL JANUARY 28, 1922, WHEN HIS ENROLLMENT WAS TERMINATED BY THE ACCEPTANCE OF AN APPOINTMENT, FROM AUGUST 5, 1920, AS A CHIEF GUNNER IN THE REGULAR NAVY, 8 MONTHS AND 25 DAYS, HE WAS A MEMBER OF THE NAVAL RESERVE FORCE ON INACTIVE DUTY EXCEPT FOR A PERIOD OF 15 DAYS' TRAINING DUTY. THUS HIS RECORD OF SERVICE WAS ANALOGOUS TO THAT OF CHIEF CARPENTER LISHMAN, AND IF HE WAS ENTITLED TO COMPUTE ALL SERVICE, ACTIVE AND INACTIVE, DURING WHICH HE WAS A COMMISSIONED MEMBER OF THE NAVAL RESERVE FORCE, IN COMPUTING SIX YEARS' COMMISSIONED SERVICE FOR PURPOSE OF SECOND- PERIOD PAY, THE CREDIT THEREFOR WOULD HAVE AGGREGATED 3 YEARS 11 MONTHS AND 10 DAYS. THE CONCLUSION IN THE DECISION, HOWEVER, WAS THAT HE HAD COMPLETED BUT 1 YEAR 6 MONTHS AND 15 DAYS (5 DAYS, CORRECTLY COMPUTED) SERVICE ON JUNE 30, 1922, INCLUDING ACTUAL COMMISSIONED SERVICE UNDER HIS PERMANENT APPOINTMENT IN THE REGULAR NAVY, THUS, CLEARLY EXCLUDING FROM THE COMPUTATION HIS INACTIVE COMMISSIONED SERVICE IN THE NAVAL RESERVE FORCE AND THE TIME INTERVENING BETWEEN AUGUST 5, 1920, THE DATE FROM WHICH HE TOOK RANK IN THE REGULAR NAVY, AND THE DATE OF HIS ACCEPTANCE OF THE APPOINTMENT THEREIN. SEE ALSO IN THIS CONNECTION 4 COMP. GEN. 388, AND 43 MS.ID. 695.

THE SETTLEMENT DISALLOWING CREDIT IN LIEUTENANT WADE'S DISBURSING ACCOUNT WAS CORRECT AND MUST BE SUSTAINED.