A-18629, JUNE 3, 1927, 6 COMP. GEN. 784

A-18629: Jun 3, 1927

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WAS FIRST APPOINTED IN THE PERMANENT SERVICE IN THE GRADE CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY. IS ENTITLED TO PAY ONLY OF THE FIRST PERIOD. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON. YOU STATE THAT FUREY WAS COMMISSIONED AS AN ENSIGN (TEMPORARY) IN THE COAST GUARD ON AUGUST 18. WAS PROMOTED TO LIEUTENANT. WAS COMMISSIONED AS LIEUTENANT. WAS COMMISSIONED AS LIEUTENANT. THAT HE HAS BEEN PAID THE PAY AND ALLOWANCES OF THE FIRST PERIOD THE FIRST PERIOD AND CLAIMS THE PAY AND ALLOWANCES OF THE SECOND PERIOD ON THE BASIS THAT HIS FIRST APPOINTMENT IN THE PERMANENT SERVICE WAS IN A GRADE ABOVE THAT CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY. IT WAS OBSERVED IN THE DECISION OF JULY 16.

A-18629, JUNE 3, 1927, 6 COMP. GEN. 784

PAY - PERIODS - COAST GUARD - FIRST APPOINTMENT IN PERMANENT SERVICE AN OFFICER OF THE COAST GUARD APPOINTED PERMANENT LIEUTENANT, JUNIOR GRADE, UNDER SECTION 5, ACT OF JULY 3, 1926, 44 STAT 816, FOLLOWING APPOINTMENT AS ENSIGN (TEMPORARY), UNDER THE ACT OF APRIL 21, 1924, 43 STAT. 105, AND PROMOTION TO LIEUTENANT, JUNIOR GRADE (TEMPORARY), WAS FIRST APPOINTED IN THE PERMANENT SERVICE IN THE GRADE CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY, WITHIN SECTION 1, ACT OF JUNE 10, 1922, 42, STAT. 625, AND IS ENTITLED TO PAY ONLY OF THE FIRST PERIOD.

COMPTROLLER GENERAL MCCARL TO W. H. WEBB, PAY AND ALLOTMENT OFFICER, UNITED STATES COAST GUARD, JUNE 3, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 21, 1927, TRANSMITTING A VOUCHER IN FAVOR OF LIEUT. (J.G.) R. H. FUREY, UNITED STATES COAST GUARD, FOR THE DIFFERENCE BETWEEN THE PAY AND ALLOWANCES OF THE FIRST AND SECOND PAY PERIODS AS PRESCRIBED BY SECTIONS 1, 5, AND 6 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, 628, FROM MARCH 7 TO 31, 1927, AND REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT THEREON.

YOU STATE THAT FUREY WAS COMMISSIONED AS AN ENSIGN (TEMPORARY) IN THE COAST GUARD ON AUGUST 18, 1924, WAS PROMOTED TO LIEUTENANT, JUNIOR GRADE (TEMPORARY), OCTOBER 2, 1925, AND WAS COMMISSIONED AS LIEUTENANT, JUNIOR GRADE (TEMPORARY), OCTOBER 2, 1925, AND WAS COMMISSIONED AS LIEUTENANT, JUNIOR GRADE, IN THE PERMANENT COAST GUARD MARCH 7, 1927; THAT HE HAS BEEN PAID THE PAY AND ALLOWANCES OF THE FIRST PERIOD THE FIRST PERIOD AND CLAIMS THE PAY AND ALLOWANCES OF THE SECOND PERIOD ON THE BASIS THAT HIS FIRST APPOINTMENT IN THE PERMANENT SERVICE WAS IN A GRADE ABOVE THAT CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY.

THE ACT OF APRIL 21, 1924, 43 STAT. 105, ENTITLED "AN ACT TO AUTHORIZE A TEMPORARY INCREASE OF THE COAST GUARD FOR LAW ENFORCEMENT," CREATES TEMPORARY OFFICES IN THE COMMISSIONED GRADES AND BY SECTION 4 AUTHORIZES THE APPOINTMENT THERETO OF PERSONS FROM CIVIL LIFE AFTER QUALIFICATION BY SATISFACTORILY PASSING SUCH EXAMINATIONS AS THE PRESIDENT MAY PRESCRIBE, AND SECTION 2, PARAGRAPH (C) PROVIDES THAT "TEMPORARY APPOINTMENTS SHALL CONTINUE UNTIL THE PRESIDENT OTHERWISE DIRECTS OR CONGRESS OTHERWISE PROVIDES.' SECTION 5 OF THE ACT OF JULY 3, 1926, 44 STAT. 816, AUTHORIZES THE PRESIDENT TO APPOINT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TEMPORARY COMMISSIONED OFFICERS TO BE COMMISSIONED OFFICERS IN THE REGULAR COAST GUARD IN GRADES NOT ABOVE LIEUTENANT.

IT WAS OBSERVED IN THE DECISION OF JULY 16, 1925, 5 COMP. GEN. 33, THAT THE ACT OF APRIL 21, 1924, AUTHORIZING THE TEMPORARY INCREASE IN IN THE COAST GUARD SEEMED TO HAVE BEEN IN SOME RESPECTS MODELED ON THE ACT OF MAY 22, 1917, 40 STAT. 84, BEING "AN ACT TO TEMPORARILY INCREASE THE COMMISSIONED AND WARRANT AND ENLISTED STRENGTH OF THE NAVY AND MARINE CORPS, AND FOR OTHER PURPOSES," AND IT HAS BEEN HELD THAT SUCH LATTER ACT DID NOT CREATE AN ADJUNCT FORCE AND THAT AN OFFICER WHO WAS APPOINTED A SECOND LIEUTENANT, TEMPORARY, IN THE MARINE CORPS, THEREUNDER AND WHO WAS SUBSEQUENTLY APPOINTED A FIRST LIEUTENANT IN THE MARINE CORPS WAS FIRST APPOINTED IN THE PERMANENT SERVICE IN THE GRADE OF SECOND LIEUTENANT. DECISION OF AUGUST 9, 1926, A-14552.

THE APPOINTMENT OF CLAIMANT AS TEMPORARY ENSIGN IN THE UNITED STATES COAST GUARD WAS BECAUSE OF A TEMPORARY INCREASE IN THE PERMANENT COAST GUARD AND WAS, WITHIN THE MEANING OF THE ACT OF JUNE 10, 1922, A FIRST APPOINTMENT IN THE PERMANENT SERVICE. HIS FIRST APPOINTMENT IN THE PERMANENT SERVICE NOT BEING IN A GRADE ABOVE THAT CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY, YOU ARE ADVISED THAT PAYMENT OF THE DIFFERENCE OF PAY CLAIMED ON THE VOUCHER IS NOT AUTHORIZED.