A-16627, DECEMBER 20, 1926, 6 COMP. GEN. 407

A-16627: Dec 20, 1926

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OR DESIGNATED DEPENDENT RELATIVE OF OFFICERS AND ENLISTED MEN OF THE COAST GUARD DYING IN THE SERVICE IS APPLICABLE TO A TEMPORARY WARRANT OFFICER OF THE COAST GUARD APPOINTED AS SUCH DURING HIS ENLISTMENT IN THE REGULAR COAST GUARD. 1926: THERE HAS BEEN RECEIVED YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF MRS. BUTTS IN THE UNITED STATES COAST GUARD IS REPORTED AS FOLLOWS: ENLISTED DECEMBER 16. WHILE SERVING AS CHIEF RADIOMAN UNDER THAT REGULAR ENLISTMENT WAS APPOINTED. WHICH APPOINTMENT WAS HELD BY HIM UNTIL HIS DEATH AT THE UNITED STATES MARINE HOSPITAL NO. 1. THE CLAIM IS PRESENTED UNDER THE ACT OF JUNE 4. THE SECRETARY OF THE TREASURY WILL CAUSE PAYMENT TO BE MADE ACCORDINGLY.

A-16627, DECEMBER 20, 1926, 6 COMP. GEN. 407

GRATUITIES, SIX MONTHS' DEATH - COAST GUARD THE ACT OF JUNE 4, 1920, 41 STAT. 824, AUTHORIZING PAYMENT OF THE SIX MONTHS' DEATH GRATUITY TO THE WIDOW, CHILD, OR DESIGNATED DEPENDENT RELATIVE OF OFFICERS AND ENLISTED MEN OF THE COAST GUARD DYING IN THE SERVICE IS APPLICABLE TO A TEMPORARY WARRANT OFFICER OF THE COAST GUARD APPOINTED AS SUCH DURING HIS ENLISTMENT IN THE REGULAR COAST GUARD. COMP. GEN. 473, DISTINGUISHED.

ASSISTANT COMPTROLLER GENERAL GINN TO W. H. WEBB, PAY AND ALLOTMENT OFFICER, UNITED STATES COAST GUARD, DECEMBER 20, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF MRS. MILDRED BUTTS, WIDOW OF THEODORE F. BUTTS, LATE RADIO ELECTRICIAN, TEMPORARY, UNITED STATES COAST GUARD, IN THE SUM OF $831.60, BEING AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY THE DECEASED AT DATE OF DEATH.

THE SERVICE OF THEODORE F. BUTTS IN THE UNITED STATES COAST GUARD IS REPORTED AS FOLLOWS:

ENLISTED DECEMBER 16, 1921, AS RADIOMAN; DISCHARGED DECEMBER 21, 1922; REENLISTED DECEMBER 22, 1922; DISCHARGED FEBRUARY 1, 1924; REENLISTED FEBRUARY 2, 1924, AND WHILE SERVING AS CHIEF RADIOMAN UNDER THAT REGULAR ENLISTMENT WAS APPOINTED, EFFECTIVE AUGUST 19, 1924, TEMPORARY RADIO GUNNER, NOW RADIO ELECTRICIAN (WARRANT OFFICER) PURSUANT TO THE PROVISIONS OF SECTION 6 (A) ACT OF APRIL 21, 1924, WHICH APPOINTMENT WAS HELD BY HIM UNTIL HIS DEATH AT THE UNITED STATES MARINE HOSPITAL NO. 1, BALTIMORE, MD., NOVEMBER 10, 1926, FROM HODGKINS DISEASE, CONTRIBUTORY, SECONDARY ANEMIA, IN LINE OF DUTY AND NOT THE RESULT OF HIS OWN MISCONDUCT.

THE CLAIM IS PRESENTED UNDER THE ACT OF JUNE 4, 1920, 41 STAT. 824, 825, WHICH IN AUTHORIZING THE PAYMENT OF THE GRATUITY PROVIDED:

* * * THAT NOTHING IN THIS SECTION OR IN OTHER EXISTING LEGISLATION SHALL BE CONSTRUED AS MAKING THE PROVISIONS OF THIS SECTION APPLICABLE TO OFFICERS, ENLISTED MEN, OR NURSES OF ANY FORCES OF THE NAVY OF THE UNITED STATES OTHER THAN THOSE OF THE REGULAR NAVY, AND MARINE CORPS, AND NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPLY IN COMMISSIONED GRADES TO ANY OFFICERS EXCEPT THOSE HOLDING PERMANENT OR PROBATIONARY APPOINTMENTS IN THE REGULAR NAVY OR MARINE CORPS: PROVIDED, THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE OFFICERS AND ENLISTED MEN OF THE COAST GUARD, AND THE SECRETARY OF THE TREASURY WILL CAUSE PAYMENT TO BE MADE ACCORDINGLY.

THE ACT OF APRIL 21, 1924, 43 STAT. 106, ENTITLED "AN ACT TO AUTHORIZE A TEMPORARY INCREASE OF THE COAST GUARD FOR LAW ENFORCEMENT," PROVIDES AS FOLLOWS:

SEC. 6. (A) UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, THE SECRETARY OF THE TREASURY IS AUTHORIZED TO APPOINT TEMPORARY WARRANT OFFICERS, AND TO MAKE SPECIAL TEMPORARY ENLISTMENTS, IN THE COAST GUARD. NO PERSON SHALL BE ENTITLED TO RETIREMENT BECAUSE OF HIS TEMPORARY APPOINTMENT OR ENLISTMENT UNDER THIS SECTION.

(B) ANY ENLISTED MAN IN THE PERMANENT COAST GUARD MAY BE APPOINTED AS A TEMPORARY WARRANT OFFICER. NOTWITHSTANDING SUCH TEMPORARY APPOINTMENT, ANY SUCH ENLISTED MAN SHALL BE ENTITLED TO RETIREMENT IN THE SAME MANNER AS THOUGH HE HAD CONTINUED TO HOLD HIS PERMANENT RATING, AND UPON THE TERMINATION OF SUCH TEMPORARY APPOINTMENT SHALL BE ENTITLED TO REVERT TO SUCH RATING. SERVICE UNDER ANY SUCH TEMPORARY APPOINTMENT SHALL BE INCLUDED IN DETERMINING LENGTH OF SERVICE AS AN ENLISTED MAN.

SEC. 8. NOTHING CONTAINED IN THIS ACT SHALL OPERATE TO REDUCE THE GRADE, RANK, PAY, ALLOWANCES, OR BENEFITS THAT ANY PERSON IN THE COAST GUARD WOULD HAVE BEEN ENTITLED TO IF THIS ACT HAD NOT BECOME LAW.

THE RECORD SHOWS THAT AT THE TIME BUTTS RECEIVED HIS APPOINTMENT AS TEMPORARY WARRANT OFFICER HE WAS SERVING UNDER A PERMANENT APPOINTMENT AS CHIEF RADIOMAN UNDER HIS REGULAR ENLISTMENT OF FEBRUARY 2, 1924. IT WAS STATED IN 5 COMP. GEN. 33, 35 THAT THE SPECIFIC LANGUAGE CONTAINED IN THE FIRST PROVISO OF THE ACT OF JUNE 4, 1920, WHICH IS MADE EQUALLY APPLICABLE TO THE UNITED STATES COAST GUARD, EXCLUDED TEMPORARY OFFICERS WHO DID NOT HAVE A PERMANENT STATUS IN THE NAVY, AND THAT THE SAVING CLAUSE, CONTAINED IN SECTION 8 OF THE ACT OF APRIL 21, 1924, IS APPLICABLE ONLY IN CASE THE BENEFITS, NAMELY, SIX MONTHS' DEATH GRATUITY, WOULD HAVE ACCRUED NOTWITHSTANDING THE ACT, AND THAT IF A PERSON'S STATUS IN THE COAST GUARD IS DEPENDENT ENTIRELY UPON THAT ACT, SECTION 8 WOULD HAVE NO APPLICATION. THE ACT OF JUNE 4, 1920, HAVING AUTHORIZED PAYMENT OF AN AMOUNT EQUAL TO SIX MONTHS' PAY TO THE WIDOW OF AN ENLISTED MAN OF THE REGULAR COAST GUARD, THE RIGHT THERETO IS NOT DEFEATED BY THE MAN'S TEMPORARY APPOINTMENT AS A WARRANT OFFICER. THIS CASE IS DISTINGUISHED FROM THAT IN 5 COMP. GEN. 473, WHICH APPLIED TO THOSE TEMPORARY WARRANT OFFICERS OF THE COAST GUARD APPOINTED FROM CIVIL LIFE, WHO REVERT TO THEIR CIVILIAN STATUS UPON CONCLUSION OF THEIR TEMPORARY APPOINTMENT.