A-18066, MAY 9, 1927, 6 COMP. GEN. 727

A-18066: May 9, 1927

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WHILE SO SERVING YOU WERE APPOINTED TEMPORARY ENSIGN ON AUGUST 30. WAS PRESUMABLY ACCEPTED BY YOU ON SEPTEMBER 4. THE SECRETARY OF THE TREASURY IS AUTHORIZED TO APPOINT TEMPORARY WARRANT OFFICERS. THE REGULATIONS OF THE COAST GUARD ARE APPLICABLE. YOU WERE APPOINTED TEMPORARY ENSIGN UNDER SECTION 4 (A) OF THE ACT OF APRIL 21. NO PERSON SHALL BE GIVEN AN ORIGINAL TEMPORARY APPOINTMENT WHO IS MORE THAN FORTY YEARS OF AGE. AS PAY AND ALLOWANCES AND BENEFITS ARE SPECIALLY AND SPECIFICALLY ENUMERATED IN PAR. 3 OF GENERAL ORDER NO. 4. IT IS RESPECTFULLY CONTENDED THAT I RECEIVE THE BENEFIT OF DRAWING THE SAME PAY AND ALLOWANCES AS A CHIEF PETTY OFFICER. IF MY REQUEST IS AGAIN DISAPPROVED IT IS REQUESTED THAT I BE INFORMED WHAT PAY AND ALLOWANCES AND BENEFITS.

A-18066, MAY 9, 1927, 6 COMP. GEN. 727

PAY - TEMPORARY ENSIGN - COAST GUARD SECTION 4 (B) OF THE ACT OF APRIL 21, 1924, 43 STAT. 105, PROVIDING FOR THE APPOINTMENT OF WARRANT OFFICERS AND ENLISTED MEN OF THE PERMANENT COAST GUARD TO ORIGINAL TEMPORARY APPOINTMENTS WITHOUT REDUCTION IN PAY OR ALLOWANCES, HAS NO APPLICATION TO A PERSON WHO, WHILE SERVING IN A SPECIAL TEMPORARY ENLISTMENT IN THE COAST GUARD, ACCEPTS AN APPOINTMENT AS TEMPORARY ENSIGN MADE UNDER SECTION 4 (A) OF SAID ACT.

COMPTROLLER GENERAL MCCARL TO ENSIGN (T) ARCHIBALD J. MACLEAN, UNITED STATES COAST GUARD, MAY 9, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 5, 1927, REQUESTING REVISION OF SETTLEMENT NO. 0174918, DATED MARCH 30, 1927, DISALLOWING YOUR CLAIM FOR DIFFERENCE IN PAY BETWEEN THAT OF A CHIEF PETTY OFFICER, PERMANENT APPOINTMENT, AN ENLISTED RATING, AND THE PAY OF ENSIGN FROM SEPTEMBER 4 TO 30, 1926.

IT APPEARS THAT YOU ENLISTED IN THE COAST GUARD FEBRUARY 25, 1926, FOR TWO YEARS, IN A SPECIAL TEMPORARY ENLISTMENT, AND WHILE SO SERVING YOU WERE APPOINTED TEMPORARY ENSIGN ON AUGUST 30, 1926, WHICH APPOINTMENT THOUGH NOT EXPRESSLY STATED, WAS PRESUMABLY ACCEPTED BY YOU ON SEPTEMBER 4, 1926.

IT APPEARS THAT YOU ENLISTED UNDER AUTHORITY OF SECTION 6 (A) OF THE ACT OF APRIL 21, 1924, 43 STAT. 106, WHICH PROVIDES:

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.

THE REGULATIONS PRESCRIBED BY THE SECRETARY OF THE TREASURY, GENERAL ORDER NO. 4, APRIL 22, 1924, PROVIDE:

3. ALL PERSONS SERVING IN A SPECIAL TEMPORARY ENLISTMENT, WHILE IN SERVICE, SHALL RECEIVE THE SAME PAY, ALLOWANCES, AND BENEFITS AS ENLISTED PERSONS OF THE REGULAR ESTABLISHMENT OF THE COAST GUARD OF CORRESPONDING RATING AND LENGTH OF SERVICE, EXCEPT THAT NO SUCH PERSON SHALL BE ENTITLED TO RETIREMENT BECAUSE OF HIS SPECIAL TEMPORARY ENLISTMENT. IN ALL RESPECTS, WITH THE SINGLE EXCEPTION OF RETIREMENT, THE STATUS OF A SPECIAL TEMPORARY ENLISTED PERSON SHALL BE THE SAME AS THAT OF AN ENLISTED PERSON OF THE REGULAR ESTABLISHMENT, AND THE REGULATIONS OF THE COAST GUARD ARE APPLICABLE, WITHOUT DISTINCTION, TO ALL ENLISTED PERSONS OF THE COAST GUARD.

YOU WERE APPOINTED TEMPORARY ENSIGN UNDER SECTION 4 (A) OF THE ACT OF APRIL 21, 1924, 43 STAT. 105, WHICH PROVIDES:

ALL ORIGINAL TEMPORARY APPOINTMENTS UNDER THIS ACT SHALL BE MADE IN GRADES NOT ABOVE THAT OF LIEUTENANT, IN THE LINE OF THE ENGINEER CORPS, AND SHALL BE MADE ONLY AFTER THE CANDIDATE HAS SATISFACTORILY PASSED SUCH EXAMINATIONS AS THE PRESIDENT MAY PRESCRIBE. NO PERSON SHALL BE GIVEN AN ORIGINAL TEMPORARY APPOINTMENT WHO IS MORE THAN FORTY YEARS OF AGE.

SECTION 4 (B) OF SAID ACT PROVIDES:

ANY WARRANT OFFICER OR ENLISTED MAN OF THE PERMANENT COAST GUARD MAY BE GIVEN AN ORIGINAL TEMPORARY APPOINTMENT UNDER THIS ACT, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AND WITHOUT REDUCTION IN PAY OR ALLOWANCES. NOTWITHSTANDING SUCH TEMPORARY APPOINTMENT, ANY SUCH WARRANT OFFICER OR ENLISTED MAN SHALL BE ENTITLED TO RETIREMENT IN THE SAME MANNER AS THOUGH HE HAD CONTINUED TO HOLD HIS PERMANENT GRADE OR RATING, AND UPON THE TERMINATION OF SUCH TEMPORARY APPOINTMENT SHALL BE ENTITLED TO REVERT TO SUCH GRADE OR RATING SERVICE UNDER ANY SUCH TEMPORARY APPOINTMENT SHALL BE INCLUDED IN DETERMINING LENGTH OF SERVICE AS A WARRANT OFFICER OR ENLISTED MAN.

YOU CONTEND:

1. THE ACT OF APRIL 21, 1924, SEC. 4 (B), SAVED TO AN ENLISTED MAN OF THE PERMANENT COAST GUARD THE PAY OF HIS ENLISTED RATING UPON ACCEPTANCE OF AN ORIGINAL TEMPORARY COMMISSION.

2. THE ACT OF APRIL 21, 1924, SEC. 6 (A), ALLOWED THE SECRETARY OF THE TREASURY TO MAKE SUCH TEMPORARY ENLISTMENTS UNDER SUCH REGULATIONS AS HE MIGHT PRESCRIBE.

3. THE SECRETARY DID MAKE SUCH REGULATIONS AND PROMULGATED THEM IN COAST GUARD HEADQUARTERS GENERAL ORDER NO. 4.

4. PARAGRAPH 3 OF GENERAL ORDER NO. 4 GAVE TO AN ENLISTED MAN IN A SPECIAL TEMPORARY ENLISTMENT THE SAME PAY AND ALLOWANCES AND BENEFITS AS AN ENLISTED MAN IN THE PERMANENT COAST GUARD, WITH THE ONE EXCEPTION OF RETIREMENT.

5. AS PAY AND ALLOWANCES AND BENEFITS ARE SPECIALLY AND SPECIFICALLY ENUMERATED IN PAR. 3 OF GENERAL ORDER NO. 4, IT IS RESPECTFULLY CONTENDED THAT I RECEIVE THE BENEFIT OF DRAWING THE SAME PAY AND ALLOWANCES AS A CHIEF PETTY OFFICER, PERMANENT APPOINTMENT, OF THE PERMANENT COAST GUARD, WHO WOULD UNDER SIMILAR CIRCUMSTANCES ACCEPT A TEMPORARY COMMISSION.

6. IF MY REQUEST IS AGAIN DISAPPROVED IT IS REQUESTED THAT I BE INFORMED WHAT PAY AND ALLOWANCES AND BENEFITS, ENUMERATED IN PAR. 3 OF GENERAL ORDER NO. 4 ARE MEANT, PARTICULARLY WHEN IT EXPRESSLY STATES THAT WITH THE SINGLE EXCEPTION OF RETIREMENT, THE STATUS OF A SPECIAL TEMPORARY ENLISTED PERSON SHALL BE THE SAME AS THAT OF AN ENLISTED PERSON OF THE REGULAR ESTABLISHMENT, WITHOUT DISTINCTION.

7. ALTHOUGH THE ACT OF APRIL 21, 1924, SEC. 4 (B), IS SPECIFICALLY APPLICABLE TO ENLISTED MEN OF THE PERMANENT COAST GUARD, IT DOES NOT DENY THE SAME BENEFIT TO MEN IN A SPECIAL TEMPORARY ENLISTMENT. THERE WERE NO ENLISTED MEN IN SUCH A STATUS AND THIS CONDITION EXISTED UNTIL MEN WERE ENLISTED IN SPECIAL TEMPORARY ENLISTMENTS UNDER THE REGULATIONS PRESCRIBED BY THE SECRETARY OF THE TREASURY, IN ACCORDANCE WITH SEC. 6 (A) OF THE ACT OF APRIL 21, 1924, WHICH EXTENDED TO ENLISTED PERSONS IN A SPECIAL TEMPORARY ENLISTMENT, THE SAME PAY AND ALLOWANCES AND BENEFITS ALLOWED AN ENLISTED PERSON IN THE PERMANENT COAST GUARD WITH THE ONE EXCEPTION SPECIFICALLY ENUMERATED OF RETIREMENT. AS THIS ONE EXCEPTION WAS MADE, IF OTHERS HAD BEEN INTENDED, IT IS BELIEVED THAT THEY ALSO WOULD HAVE BEEN ENUMERATED.

YOU WILL OBSERVE THAT PARAGRAPH 3 OF GENERAL ORDER NO. 4, QUOTED SUPRA, APPLIES ONLY TO PERSONS WHILE "SERVING IN A SPECIAL TEMPORARY ENLISTMENT.' YOUR ACCEPTANCE OF THE APPOINTMENT AS TEMPORARY ENSIGN OPERATED AS A DISCHARGE FROM YOUR SPECIAL TEMPORARY ENLISTMENT, AND THEREAFTER YOU WERE SERVING AS A TEMPORARY ENSIGN AND NOT IN A SPECIAL TEMPORARY ENLISTMENT. WHILE YOU WERE SERVING IN THE SPECIAL TEMPORARY ENLISTMENT YOU WERE ENTITLED TO THE PAY, ALLOWANCES, AND BENEFITS AS PRESCRIBED IN SAID PARAGRAPH 3 OF GENERAL ORDER NO. 4, BUT UPON ACCEPTANCE OF THE APPOINTMENT AS TEMPORARY ENSIGN YOUR STATUS AS AN ENLISTED MAN CEASED AND THEREAFTER YOU HAD THE STATUS OF AN OFFICER AND ENTITLED TO THE PAY AND ALLOWANCES PROVIDED BY LAW FOR SUCH OFFICER ONLY.

AS YOU WERE NOT ELIGIBLE FOR APPOINTMENT UNDER SAID SECTION 4 (B) OF THE ACT OF APRIL 21, 1924, AND WERE NOT APPOINTED UNDER THAT SECTION BUT UNDER SAID SECTION 4 (A), SECTION 4 (B) HAS NO APPLICATION TO YOUR CASE.