A-17796, APRIL 2, 1927, 6 COMP. GEN. 649

A-17796: Apr 2, 1927

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LONGEVITY - ARMY OFFICER AN OFFICER OF THE ARMY IS NOT ENTITLED TO CREDIT IN THE COMPUTATION OF HIS LONGEVITY PAY FOR SERVICES RENDERED AS WATCHMAN IN THE COAST AND GEODETIC SURVEY OFFICE AT WASHINGTON. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. HIS MILITARY SERVICE CREDIT FOR LONGEVITY PAY PURPOSES AT DATE OF RETIREMENT WAS 4 YEARS 2 MONTHS AND 28 DAYS. IN ADDITION THERETO THERE IS INCLUDED IN THE COMPUTATION ON THE VOUCHER CONTINUOUS ACTIVE DUTY SINCE RETIREMENT AND SERVICES AS WATCHMAN IN THE COAST AND GEODETIC SURVEY OFFICE AT WASHINGTON. THE CREDITING OF ACTIVE DUTY SINCE RETIREMENT IS IN ACCORDANCE WITH THE RULE STATED IN THE DECISION OF OCTOBER 16.

A-17796, APRIL 2, 1927, 6 COMP. GEN. 649

PAY, LONGEVITY - ARMY OFFICER AN OFFICER OF THE ARMY IS NOT ENTITLED TO CREDIT IN THE COMPUTATION OF HIS LONGEVITY PAY FOR SERVICES RENDERED AS WATCHMAN IN THE COAST AND GEODETIC SURVEY OFFICE AT WASHINGTON, D.C.

COMPTROLLER GENERAL MCCARL TO MAJ. E. T. COMEGYS, UNITED STATES ARMY, APRIL 2, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 12, 1927, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MAJ. WILLIAM H. KEITH, RETIRED, UNITED STATES ARMY, FOR $727.08 ADDITIONAL LONGEVITY PAY FROM JULY 1, 1924, TO DECEMBER 31, 1926.

THE OFFICIAL ARMY REGISTER, 1927, AT PAGE 755, SHOWS MAJOR KEITH'S SERVICES AS FOLLOWS:

MAJ. U.S.A. 18 SEPT. 18; ACCEPTED 18 SEPT. 18; HON.DIS. 30 SEPT. 20.--- MAJ. F.D. 1 JULY 20; ACCEPTED 30 SEPT. 20; RETIRED 15 DEC. 22.

HIS MILITARY SERVICE CREDIT FOR LONGEVITY PAY PURPOSES AT DATE OF RETIREMENT WAS 4 YEARS 2 MONTHS AND 28 DAYS. IN ADDITION THERETO THERE IS INCLUDED IN THE COMPUTATION ON THE VOUCHER CONTINUOUS ACTIVE DUTY SINCE RETIREMENT AND SERVICES AS WATCHMAN IN THE COAST AND GEODETIC SURVEY OFFICE AT WASHINGTON, D.C., FROM AUGUST 25, 1887, TO JUNE 29, 1893, A TOTAL OF 5 YEARS 10 MONTHS AND 5 DAYS' SERVICE. THE CREDITING OF ACTIVE DUTY SINCE RETIREMENT IS IN ACCORDANCE WITH THE RULE STATED IN THE DECISION OF OCTOBER 16, 1923, 3 COMP. GEN. 212. IT IS URGED THAT HE IS ENTITLED TO CREDIT HIS SERVICES IN THE COAST AND GEODETIC SURVEY UNDER THE PROVISIONS OF SECTION 11 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, AND THE DECISION OF THE COURT OF CLAIMS IN THE CASE OF EDGAR L. WOODS V. UNITED STATES, 62 CT.CLS. 610.

THE HOLDING IN THE WOODS CASE, CITED, IS STATED TO HAVE BEEN BASED ON THE INTERPRETATION PLACED ON THE LONGEVITY PROVISO IN THE MAY 18, 1920, ACT BY THE SUPREME COURT IN THE CASE OF UNITED STATES V. NOCE, 268 U.S. 613, WHICH WAS TO THE EFFECT THAT ALL MILITARY OR QUASI MILITARY SERVICE WHICH HAD THERETOFORE BEEN COUNTED FOR LONGEVITY-PAY PURPOSES IN ANY ONE OF THE SERVICES, SHOULD BE INCLUDED IN THE COMPUTATION OF LONGEVITY IN ANY OTHER OF THE SIX SERVICES. UNDER THE RULE THEREIN STATED, SERVICES IN THE MILITARY AND NAVAL ACADEMIES COULD NOT BE COUNTED IN COMPUTING LENGTH OF SERVICE IN ANY OF THE SERVICES. SUCH COURT OF CLAIMS DECISION IS NOT UNDERSTOOD TO HAVE OVERRULED THE SCHREINER CASE, 43 CT.CLS. 480, NOR TO BE IN CONFLICT WITH THE ACCEPTED RULE, THAT CIVILIAN SERVICE GENERALLY IN A CIVIL SERVICE STATUS RENDERED IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, MAY NOT BE COUNTED FOR LONGEVITY PURPOSES.

THE SERVICE IN QUESTION--- THAT OF WATCHMAN IN THE COAST AND GEODETIC SURVEY OFFICE--- WAS CIVILIAN SERVICE IN ONE OF THE DEPARTMENTS AT WASHINGTON, D.C., FOR WHICH LONGEVITY CREDIT IS NOT AUTHORIZED. THE SERVICE IS UNDERSTOOD TO HAVE BEEN UNDER AN APPOINTMENT FROM THE SECRETARY OF THE TREASURY FOR DUTY IN THE ADMINISTRATIVE OFFICE OF THE COAST AND GEODETIC SURVEY.