A-17710, MARCH 25, 1927, 6 COMP. GEN. 622

A-17710: Mar 25, 1927

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IS ENTITLED TO THE PAY AND ALLOWANCES OF THE RANK TO WHICH SO ADVANCED FROM THE DATE STATED IN HIS COMMISSION. EXCEPT WHEN SUCH DATE IS PRIOR TO THE DATE OF THE ACT. IN WHICH CASE HE IS ENTITLED TO THE PAY AND ALLOWANCES OF THE ADVANCED RANK BEGINNING WITH THE DATE OF THE ACT. ARE HEREBY REPEALED. PROVIDED THEY ARE FOUND QUALIFIED IN ACCORDANCE WITH LAW FOR SUCH ADVANCEMENT.'. WAS ON DECEMBER 21. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE DATE UPON WHICH THE ADVANCEMENT IN RANK OF LIEUTENANT BROOKS. IS EFFECTIVE FOR PAY PURPOSES. " IS INCLUSIVE OF ALL STAFF OFFICERS ADVANCED PURSUANT TO THE ACT.

A-17710, MARCH 25, 1927, 6 COMP. GEN. 622

PAY, PROMOTION - STAFF OFFICERS OF THE NAVY A STAFF OFFICER OF THE NAVY ADVANCED IN RANK IN ACCORDANCE WITH THE ACT OF JUNE 10, 1926, 44 STAT. 724, IS ENTITLED TO THE PAY AND ALLOWANCES OF THE RANK TO WHICH SO ADVANCED FROM THE DATE STATED IN HIS COMMISSION, EXCEPT WHEN SUCH DATE IS PRIOR TO THE DATE OF THE ACT, IN WHICH CASE HE IS ENTITLED TO THE PAY AND ALLOWANCES OF THE ADVANCED RANK BEGINNING WITH THE DATE OF THE ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MARCH 25, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 8, 1927, AS FOLLOWS:

SECTION 19 OF THE ACT APPROVED JUNE 10, 1926, 44 STAT. 724, PROVIDES:

"THE PROVISIONS OF EXISTING LAW WHICH REQUIRE ACTING CHAPLAINS TO SERVE FOR A PERIOD OF THREE YEARS ON BOARD SHIP IN ORDER TO BECOME ELIGIBLE FOR COMMISSIONS AS CHAPLAINS, AND WHICH RESTRICT THE NUMBER OF ACTING CHAPLAINS WHO MAY BE COMMISSIONED AS CHAPLAINS EACH YEAR, ARE HEREBY REPEALED, AND HEREAFTER ALL ACTING CHAPLAINS SHALL BE COMMISSIONED AS CHAPLAINS WHEN ADVANCED IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN THIS ACT TO THE RANK OF LIEUTENANT.

"THAT ALL OTHER OFFICERS NOW ON THE ACTIVE LIST IN THE CORPS OF CHAPLAINS AND ALL OFFICERS WHO MAY HEREAFTER BE APPOINTED THERETO SHALL BE ADVANCED IN RANK, UP TO AND INCLUDING THE RANK OF LIEUTENANT COMMANDER, WITH THE OFFICER OF THE LINE WITH WHOM OR NEXT AFTER WHOM THEY TAKE PRECEDENCE, PROVIDED THEY ARE FOUND QUALIFIED IN ACCORDANCE WITH LAW FOR SUCH ADVANCEMENT.'

PURSUANT TO THE PROVISIONS OF THE ABOVE-QUOTED SECTION, LIEUTENANT (J.G.) JOSEPH H. BROOKS, CHAPLAIN CORPS, U.S.N., WAS ON DECEMBER 21, 1926, ADVANCED TO THE RANK OF LIEUTENANT, CHAPLAIN CORPS, U.S. NAVY, TO RANK FROM SEPTEMBER 19, 1922, ON WHICH LATTER DATE HIS RUNNING MATE IN THE LINE, LIEUTENANT WILLIAM H. MEYER, U.S.N., BECAME DUE FOR PROMOTION TO THE GRADE OF LIEUTENANT.

YOUR DECISION IS RESPECTFULLY REQUESTED AS TO THE DATE UPON WHICH THE ADVANCEMENT IN RANK OF LIEUTENANT BROOKS, CHAPLAIN CORPS, IS EFFECTIVE FOR PAY PURPOSES.

THE PROVISO IN SECTION 18,"THAT NO STAFF OFFICER SHALL BECOME BY VIRTUE OF THIS ACT ENTITLED TO ANY INCREASED PAY OR ALLOWANCES PRIOR TO THE DATE OF THIS ACT," IS INCLUSIVE OF ALL STAFF OFFICERS ADVANCED PURSUANT TO THE ACT, AND IN TERMS EXCLUDES ANY RIGHT TO RETROACTIVE PAY OR ALLOWANCES PRIOR TO THE DATE OF THE ACT.

THE DATE THAT CHAPLAIN BROOKS TAKES RANK AS LIEUTENANT BEING PRIOR TO THE DATE OF THE ACT, THE PROVISO IN SECTION 18 OF THE STATUTE EXPRESSLY LIMITS HIS RIGHT TO THE PAY AND ALLOWANCES THEREOF TO COMMENCE WITH JUNE 10, 1926, THE DATE OF THE ACT.