A-18384, MAY 18, 1927, 6 COMP. GEN. 745

A-18384: May 18, 1927

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IS APPLICABLE TO A TEMPORARY WARRANT OFFICER OF THE COAST GUARD APPOINTED AS SUCH DURING HIS SPECIAL TEMPORARY ENLISTMENT IN THE COAST GUARD. FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF MRS. REPRESENTING AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE HE WOULD HAVE RECEIVED AS AN ENLISTED MAN AT THE TIME OF HIS DEATH. HE WAS APPOINTED A TEMPORARY BOATSWAIN (WARRANT OFFICER) PURSUANT TO THE PROVISIONS OF SECTION 6 (A) OF THE ACT OF APRIL 21. ON WHICH HE WAS PERFORMING DUTY. WHICH IT IS UNDERSTOOD IS BASED UPON AN OFFICIAL FINDING BY A BOARD OF INQUIRY. FUTURE SIMILAR CASES THE REPORT SHOULD SET FORTH SPECIFICALLY THE FINDING OF THE BOARD OF INQUIRY AS TO THE DEATH OF THE INDIVIDUAL IN CASES OF DEATH BY VIOLENCE OR WHERE THE BODY IS NOT RECOVERED.

A-18384, MAY 18, 1927, 6 COMP. GEN. 745

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 SPECIAL TEMPORARY ENLISTMENT IN THE COAST GUARD.

ASSISTANT COMPTROLLER GENERAL GINN TO W. H. WEBB, PAY AND ALLOTMENT OFFICER, UNITED STATES COAST GUARD, MAY 18, 1927:

THERE HAS BEEN RECEIVED YOUR REQUEST OF APRIL 22, 1927, FOR A DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED IN FAVOR OF MRS. BERTHA RIVENBACK, WIDOW OF JESSE K. RIVENBACK, LATE BOATSWAIN, TEMPORARY, UNITED STATES COAST GUARD, IN THE SUM OF $831.60, REPRESENTING AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE HE WOULD HAVE RECEIVED AS AN ENLISTED MAN AT THE TIME OF HIS DEATH, HAD HE NOT BEEN APPOINTED A WARRANT OFFICER.

IT APPEARS THAT JESSE K. RIVENBACK ENTERED, UPON REENLISTMENT, IN A SPECIAL TEMPORARY ENLISTMENT IN THE UNITED STATES COAST GUARD, MARCH 29, 1926, AND RECEIVED PERMANENT APPOINTMENT AS CHIEF BOATSWAIN'S MATE; THAT ON FEBRUARY 11, 1927, HE WAS APPOINTED A TEMPORARY BOATSWAIN (WARRANT OFFICER) PURSUANT TO THE PROVISIONS OF SECTION 6 (A) OF THE ACT OF APRIL 21, 1924, AND SERVED AS SUCH UNTIL THE TIME OF HIS DEATH, FEBRUARY 20, 1927, THE UNITED STATES COAST GUARD PATROL BOAT CG-238, ON WHICH HE WAS PERFORMING DUTY, HAVING FOUNDERED THAT DATE OFF HIGHLAND LIGHT, CAPE COD, MASS., AND HE WITH OTHER MEMBERS OF THE CREW, WASHED OVERBOARD AND DROWNED ACCORDING TO A REPORT BY THE COMMANDANT OF THE COAST GUARD, WHICH IT IS UNDERSTOOD IS BASED UPON AN OFFICIAL FINDING BY A BOARD OF INQUIRY. FUTURE SIMILAR CASES THE REPORT SHOULD SET FORTH SPECIFICALLY THE FINDING OF THE BOARD OF INQUIRY AS TO THE DEATH OF THE INDIVIDUAL IN CASES OF DEATH BY VIOLENCE OR WHERE THE BODY IS NOT RECOVERED.

THE ACT OF JUNE 4, 1920, 41 STAT. 824, 825, UNDER WHICH THE CLAIM FOR GRATUITY IS MADE, PROVIDES:

THAT HEREAFTER, IMMEDIATELY UPON OFFICIAL NOTIFICATION OF THE DEATH FROM WOUNDS OR DISEASE, NOT THE RESULT OF HIS OR HER OWN MISCONDUCT, OF ANY OFFICER, ENLISTED MAN, OR NURSE ON THE ACTIVE LIST OF THE REGULAR NAVY OR REGULAR MARINE CORPS, OR ON THE RETIRED LIST WHEN ON ACTIVE DUTY, THE PAYMASTER GENERAL OF THE NAVY SHALL CAUSE TO BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW TO THE CHILD OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD, TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER, ENLISTED MAN, OR NURSE PREVIOUSLY DESIGNATED BY HIM OR HER, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER, ENLISTED MAN, OR NURSE AT THE DATE OF HIS OR HER DEATH. * * *

AT THE TIME RIVENBACK RECEIVED HIS APPOINTMENT AS TEMPORARY WARRANT OFFICER, HE WAS SERVING UNDER A PERMANENT APPOINTMENT AS CHIEF BOATSWAIN'S MATE UNDER HIS SPECIAL TEMPORARY ENLISTMENT OF MARCH 29, 1926. IT WAS HELD IN 5 COMP. GEN. 33, 36, THAT PERSONS SERVING IN SUCH SPECIAL TEMPORARY ENLISTMENTS ARE MEMBERS OF THE REGULAR COAST GUARD WITHIN THE MEANING OF THE ACT OF JUNE 4, 1920, AND IN 6 COMP. GEN. 407, THAT THE ACT 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.

THE PAYMENT TO BE MADE IS AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY THE DECEASED AT THE DATE OF HIS DEATH. PAYMENT IN THIS CASE IS AUTHORIZED ON THE DEATH OF A TEMPORARY WARRANT OFFICER BECAUSE OF HIS PRIOR ENLISTED STATUS UNDER SECTION 8 OF THE ACT OF APRIL 21, 1924, 43 STAT. 105, BUT OTHERWISE HIS TERMINATED ENLISTED STATUS IS NOT MATERIAL AND PAYMENT SHOULD BE OF THE PAY OF A WARRANT OFFICER AT THE RATE RECEIVED BY THE DECEASED AT THE DATE OF DEATH. THE VOUCHER SHOULD BE CORRECTED ACCORDINGLY AND WHEN SO CORRECTED, IF OTHERWISE PROPER, MAY BE PAID.