A-1750, JULY 10, 1924, 4 COMP. GEN. 33

A-1750: Jul 10, 1924

Additional Materials:

Contact:

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

 

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

NAVAL RESERVE FORCE PAY - LONGEVITY - CADET SERVICE AT NAVAL ACADEMY - RETAINER PAY IN CONFIRMED STATUS SERVICE AS A MIDSHIPMAN AT THE NAVAL ACADEMY IS NOT COMMISSIONED SERVICE AND MAY NOT BE COUNTED FOR LONGEVITY PAY PURPOSES IN COMPUTING THE ACTIVE DUTY PAY OF A MEMBER OF THE NAVAL RESERVE FORCE UNDER SECTION 3 OF THE JOINT SERVICE PAY ACT. AN OFFICER OF THE NAVAL RESERVE FORCE ORDERED TO 15 DAYS' ACTIVE DUTY FOR TRAINING IS ENTITLED TO PAY FOR THE ACTUAL NUMBER OF DAYS ON DUTY. WHEREIN WAS DISALLOWED HIS CLAIM FOR THREE DAYS' ADDITIONAL PAY WHILE ON ACTIVE DUTY FOR TRAINING IN SEPTEMBER. THE CLAIM WAS ALSO FOR AN ADDITIONAL AMOUNT FOR THE ENTIRE PERIOD OF THE ACTIVE DUTY BASED UPON A RATE OF PAY GREATER THAN THAT PAID HIM BY THE DISBURSING OFFICER.

A-1750, JULY 10, 1924, 4 COMP. GEN. 33

NAVAL RESERVE FORCE PAY - LONGEVITY - CADET SERVICE AT NAVAL ACADEMY - RETAINER PAY IN CONFIRMED STATUS SERVICE AS A MIDSHIPMAN AT THE NAVAL ACADEMY IS NOT COMMISSIONED SERVICE AND MAY NOT BE COUNTED FOR LONGEVITY PAY PURPOSES IN COMPUTING THE ACTIVE DUTY PAY OF A MEMBER OF THE NAVAL RESERVE FORCE UNDER SECTION 3 OF THE JOINT SERVICE PAY ACT, 42 STAT. 627. THE ISSUANCE OF A COMMISSION TO A MEMBER OF THE NAVAL RESERVE FORCE CONFERRING CONFIRMED RANK FROM A DATE SPECIFIED THEREIN, SUCH DATE BEING SUBSEQUENT TO THE ESTABLISHMENT OF THE OFFICER'S QUALIFICATIONS BEFORE THE EXAMINING BOARD ENTITLES THE OFFICER TO CONFIRMED RETAINER PAY ONLY FROM THE DATE FIXED IN THE COMMISSION. AN OFFICER OF THE NAVAL RESERVE FORCE ORDERED TO 15 DAYS' ACTIVE DUTY FOR TRAINING IS ENTITLED TO PAY FOR THE ACTUAL NUMBER OF DAYS ON DUTY, INCLUDING TRAVEL TIME TO AND FROM HIS HOME.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 10, 1924:

LIEUT. HORACE A. FIELD, UNITED STATES NAVAL RESERVE FORCE, CLASS 1, APPLIED DECEMBER 24, 1923, FOR REVIEW OF SETTLEMENT NO. M-275619-N, DATED NOVEMBER 24, 1923, WHEREIN WAS DISALLOWED HIS CLAIM FOR THREE DAYS' ADDITIONAL PAY WHILE ON ACTIVE DUTY FOR TRAINING IN SEPTEMBER, 1923. THE CLAIM WAS ALSO FOR AN ADDITIONAL AMOUNT FOR THE ENTIRE PERIOD OF THE ACTIVE DUTY BASED UPON A RATE OF PAY GREATER THAN THAT PAID HIM BY THE DISBURSING OFFICER.

ON AUGUST 20, 1923, ORDERS WERE ISSUED TO CLAIMANT DIRECTING HIM TO REPORT FOR PHYSICAL EXAMINATION TO DETERMINE HIS FITNESS FOR DUTY. THE ORDERS FURTHER RECITE:

3. IF FOUND PHYSICALLY QUALIFIED YOU WILL PROCEED TO CHARLESTON, S.C., AND AT 9:00 A.M., 4 SEPTEMBER, 1923, REPORT TO THE COMMANDANT SIXTH NAVAL DISTRICT FOR FIFTEEN DAYS' TEMPORARY ACTIVE DUTY ON BOARD THE U.S.S. NORTH DAKOTA.

4. AT THE TERMINATION OF THIS DUTY YOU WILL REGARD YOURSELF DETACHED, WILL PROCEED, AND REPORT TO SUCH MEDICAL OFFICER AS MAY BE DESIGNATED BY YOUR COMMANDING OFFICER FOR PHYSICAL EXAMINATION. * * *

5. UPON THE COMPLETION OF THIS EXAMINATION YOU WILL RETURN IMMEDIATELY TO THE PLACE TO WHICH THESE ORDERS ARE ADDRESSED, AND UPON ARRIVAL REGARD YOURSELF RELIEVED FROM ALL ACTIVE DUTY.

INDORSEMENTS ON THESE ORDERS STATE THAT CLAIMANT REPORTED AT THE NAVAL DISPENSARY, NAVY YARD, CHARLESTON, SEPTEMBER 4, 1923, AND WAS EXAMINED AND FOUND QUALIFIED FOR DUTY; REPORTED ON THE U.S.S. NORTH DAKOTA SEPTEMBER 5, 1923; DETACHED FROM THE U.S.S. NORTH DAKOTA SEPTEMBER 20, 1923; AND ARRIVED HOME SEPTEMBER 21, 1923.

THE BUREAU OF NAVIGATION HAS FURNISHED A STATEMENT OF CLAIMANT'S PRIOR SERVICE, WHICH SHOWS SERVICE AS A NAVAL CADET FROM OCTOBER 1, 1880, TO JUNE 29, 1886; APPOINTED AN ENSIGN UNITED STATES NAVAL RESERVE FORCE, CLASS 1, JULY 21, 1917, CONFIRMED COMMISSION ISSUED AUGUST 14, 1917, TO RANK AS SUCH FROM JULY 28, 1917; CONFIRMED COMMISSION AS LIEUTENANT (J.G.) ISSUED DECEMBER 1, 1919, TO RANK AS SUCH FROM JUNE 5, 1918; ENROLLMENT EXPIRED JULY 20, 1921; REENROLLED AS PROVISIONAL LIEUTENANT AND CONFIRMED LIEUTENANT (J.G.) AUGUST 15, 1921.

THE ACT OF JUNE 10, 1922, 42 STAT. 625-627, PROVIDES:

THAT, BEGINNING JULY 1, 1922, FOR THE PURPOSE OF COMPUTING THE ANNUAL PAY OF THE COMMISSIONED OFFICERS OF THE * * * NAVY BELOW THE GRADE OF REAR ADMIRAL * * * PAY PERIODS ARE PRESCRIBED, AND THE BASE PAY FOR EACH IS FIXED AS FOLLOWS:

THE FIRST PERIOD, $1,500; THE SECOND PERIOD, $2,000; THE THIRD PERIOD, $2,400; THE FOURTH PERIOD, $3,000; THE FIFTH PERIOD, $3,500; AND THE SIXTH PERIOD, $4,000.

EVERY OFFICER PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS PERIOD FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS: * * *.

SEC. 3. THAT WHEN OFFICERS * * * OF THE RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY. IN COMPUTING THE INCREASE OF PAY FOR EACH PERIOD OF THREE YEARS' SERVICE, SUCH OFFICERS SHALL BE CREDITED WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT, * * * OR IN THE NAVAL MILITIA, OR IN THE NATIONAL NAVAL VOLUNTEERS, OR IN THE NAVAL RESERVE FORCE OR MARINE CORPS RESERVE FORCE, WHEN CONFIRMED IN GRADE AND QUALIFIED FOR ALL GENERAL SERVICE, WITH FULL TIME FOR ALL PERIODS DURING WHICH THEY HAVE PERFORMED ACTIVE DUTY UNDER RESERVE COMMISSIONS, AND WITH ONE-HALF TIME FOR ALL OTHER PERIODS DURING WHICH THEY HAVE HELD RESERVE COMMISSIONS.

CLAIMANT'S SERVICE AS A CADET AT THE NAVAL ACADEMY WAS NOT "COMMISSIONED" SERVICE AND ACCORDINGLY IS SPECIFICALLY EXCLUDED BY THE PROVISIONS OF SECTION 3 FROM BEING COUNTED FOR THE INCREASE OF PAY FOR EACH THREE YEARS OF SERVICE. CLAIMANT HAD TWO DAYS, JULY 21 AND 22, 1917, OF INACTIVE SERVICE IN PROVISIONAL RANK IN THE NAVAL RESERVE FORCE, FOR WHICH HE IS ENTITLED TO ONE-HALF CREDIT OR FOR ONE DAY; FIVE DAYS JULY 23 TO 27, 1917, OF ACTIVE SERVICE IN PROVISIONAL RANK FOR WHICH HE IS ENTITLED TO FULL CREDIT; AND THREE YEARS, ELEVEN MONTHS, AND TWENTY-THREE DAYS, JULY 28, 1917, TO JULY 20, 1921, OF MEMBERSHIP IN THE NAVAL RESERVE FORCE, HOLDING CONFIRMED COMMISSION RANK, FOR WHICH HE IS ENTITLED TO FULL CREDIT; AND SIMILARLY HE IS ENTITLED TO FULL CREDIT FOR THE PERIOD FROM AUGUST 15, 1921. HE WAS ACCORDINGLY ENTITLED ON SEPTEMBER 4, 1923, TO CREDIT FOR OVER SIX BUT LESS THAN NINE YEARS OF SERVICE FOR INCREASE OF PAY. 2 COMP. GEN. 768.

AS A LIEUTENANT ON ACTIVE DUTY HE WAS ENTITLED TO BASE PAY OF THE THIRD PERIOD, $2,400 PER ANNUM, AND BY REASON OF LENGTH OF SERVICE TO A 10 PERCENT INCREASE THEREON, OR $2,640 PER ANNUM. HE WAS ENTITLED TO THIS RATE FOR THE PERIOD SEPTEMBER 4 TO 21, 1923, INCLUSIVE. 3 COMP. GEN. 349. HE WAS PAID BY THE SUPPLY OFFICER OF THE U.S.S. NORTH DAKOTA FOR THE PERIOD SEPTEMBER 5 TO 19, 1923, INCLUSIVE, AT $2,520 PER ANNUM ($2,400 PLUS 5 PERCENT). THERE IS ACCORDINGLY DUE CLAIMANT ON THIS ACCOUNT $27.

IT FURTHER APPEARS FROM THE PAY ROLLS OF THE RECEIVING SHIP AT CHARLESTON, S.C., THAT WHILE ON ACTIVE DUTY FROM OCTOBER 10 TO 27, 1922, CLAIMANT WAS PAID AT THE RATE OF $2,760 PER ANNUM ($2,400 PLUS 15 PERCENT). AT THAT TIME HE HAD OVER THREE BUT LESS THAN SIX YEARS OF SERVICE WHICH COULD BE COUNTED FOR THE LONGEVITY INCREASE AND WAS ENTITLED ONLY TO $2,520 PER ANNUM ($2,400 PLUS 5 PERCENT). THE DIFFERENCE REPRESENTS AN OVERCREDIT OF $12.

CLAIMANT'S RETAINER PAY ACCOUNT FOR THE ENROLLMENT ENTERED INTO ON JULY 21, 1917, SHOWS THAT HE WAS PAID FROM DATE OF ENROLLMENT AS A CONFIRMED ENSIGN.

THE ACT OF AUGUST 29, 1916, 39 STAT. 587, PROVIDES:

NO PERSON SHALL BE APPOINTED OR COMMISSIONED AS AN OFFICER IN ANY RANK IN ANY CLASS OF THE NAVAL RESERVE FORCE, * * * UNLESS HE SHALL HAVE BEEN EXAMINED AND RECOMMENDED FOR SUCH APPOINTMENT, COMMISSION * * * BY A BOARD OF THREE NAVAL OFFICERS NOT BELOW THE RANK OF LIEUTENANT COMMANDER, NOR UNTIL HE SHALL HAVE BEEN FOUND PHYSICALLY QUALIFIED BY A BOARD OF MEDICAL OFFICERS TO PERFORM THE DUTIES REQUIRED IN TIME OF WAR, EXCEPT THAT FORMER OFFICERS AND MIDSHIPMEN OF THE NAVY, WHO SHALL HAVE LEFT THE SERVICE UNDER HONORABLE CONDITIONS AND WHO SHALL HAVE ENROLLED IN THE NAVAL RESERVE FORCE, MAY BE APPOINTED IN THE GRADE AND RANK LAST HELD BY THEM WITHOUT EXAMINATION OTHER THAN THE PHYSICAL EXAMINATION ABOVE PRESCRIBED.

IT APPEARS THAT BY ORDERS DATED MAY 1, 1917, THE SECRETARY OF THE NAVY CREATED AN EXAMINING BOARD WHICH CONVENED ON JULY 25, 1917, AND EXAMINED THE PREVIOUS NAVAL RECORD OF CLAIMANT ,PRELIMINARY TO HIS CONFIRMATION AS ENSIGN IN THE FLEET NAVAL RESERVE"; THAT ON JULY 28, 1917, THE BOARD RECOMMENDED CONFIRMATION; AND ON THE SAME DAY THE SECRETARY OF THE NAVY APPROVED THE FINDING AND RECOMMENDATION. HAD CLAIMANT BEEN GIVEN CONFIRMED RANK FROM JULY 25, 1917, HE WOULD HAVE BEEN ENTITLED TO CONFIRMED RETAINER PAY AS SUCH FROM THAT DATE. 3 COMP. GEN. 120. THE COMMISSION WHICH ISSUED, HOWEVER, CONFIRMED RANK ONLY FROM JULY 28, 1917, AND IT IS ONLY FROM THAT DATE THAT RETAINER PAY AS SUCH WAS PAYABLE. PRIOR TO THAT DATE CLAIMANT HELD ONLY PROVISIONAL RANK. 3 COMP. GEN. 78.

RETAINER PAY CREDITED JULY 21 TO 27, 1917, AT $70.83 PER QUARTER, AMOUNTED TO $5.51; AT $12 PER ANNUM, THE AMOUNT FOR THIS PERIOD IS 53 CENTS. THE DIFFERENCE IS $5.28. THE RETAINER PAY ACCOUNT SHOWS, HOWEVER, AN UNPAID BALANCE OF $2.78 FOR THE PERIOD JULY 21, 1917, TO JULY 20, 1921. THE NET OVERPAYMENT TO CLAIMANT ON THIS ACCOUNT IS ACCORDINGLY ONLY $2.50.

FROM THE $27 DUE CLAIMANT FOR THE ACTIVE DUTY IN 1923, THE $12 OVERPAYMENT IN 1922 AND THE $2.50 OVERPAYMENT IN RETAINER PAY ARE DEDUCTED AND $12.50 IS CERTIFIED DUE HIM.