A-2008, SEPTEMBER 3, 1924, 4 COMP. GEN. 249

A-2008: Sep 3, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

NAVY PAY - OFFICERS OF THE STAFF CORPS A LIEUTENANT OF THE STAFF CORPS OF THE NAVY IS ENTITLED TO THE PAY AND ALLOWANCES OF THE FOURTH PAY PERIOD. FROM THE DATE HIS TOTAL COMMISSIONED SERVICE EQUALS THE TOTAL COMMISSIONED SERVICE OF A LIEUTENANT COMMANDER OF THE LINE OF THE NAVY WHO IS DRAWING THE PAY OF THE FOURTH PAY PERIOD. FOR THE PURPOSE OF COMPUTING THE ANNUAL PAY OF THE COMMISSIONED OFFICERS OF THE * * * NAVY BELOW THE GRADE OF REAR ADMIRAL * * * PAY PERIODS ARE PRESCRIBED. THE BASE PAY FOR EACH IS FIXED AS FOLLOWS: THE FIRST PAY PERIOD. * * * WHO HAVE COMPLETED FOURTEEN YEARS' SERVICE. * * * WHO HAVE COMPLETED SEVENTEEN YEARS' SERVICE. SHOWS HE WAS APPOINTED A MIDSHIPMAN AUGUST 4.

A-2008, SEPTEMBER 3, 1924, 4 COMP. GEN. 249

NAVY PAY - OFFICERS OF THE STAFF CORPS A LIEUTENANT OF THE STAFF CORPS OF THE NAVY IS ENTITLED TO THE PAY AND ALLOWANCES OF THE FOURTH PAY PERIOD, UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 625, FROM THE DATE HIS TOTAL COMMISSIONED SERVICE EQUALS THE TOTAL COMMISSIONED SERVICE OF A LIEUTENANT COMMANDER OF THE LINE OF THE NAVY WHO IS DRAWING THE PAY OF THE FOURTH PAY PERIOD.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 3, 1924:

LIEUT. CHARLES L. AUSTIN, (S.C.) UNITED STATES NAVY, APPLIED FEBRUARY 26, 1924, FOR REVIEW OF SETTLEMENT 100839-N, DATED FEBRUARY 14, 1924, DISALLOWING HIS CLAIM FOR THE DIFFERENCE IN PAY OF THE FOURTH PAY PERIOD AND THAT OF THE THIRD PAY PERIOD FROM AUGUST 15, 1923, UNDER THE ACT OF JUNE 10, 1922, 42 STAT. 625.

THE ACT OF JUNE 10, 1922, PROVIDES:

THAT BEGINNING JULY 1, 1922, FOR THE PURPOSE OF COMPUTING THE ANNUAL PAY OF THE COMMISSIONED OFFICERS OF THE * * * NAVY BELOW THE GRADE OF REAR ADMIRAL * * * PAY PERIODS ARE PRESCRIBED, AND THE BASE PAY FOR EACH IS FIXED AS FOLLOWS:

THE FIRST PAY PERIOD, $1,500; THE SECOND PERIOD, $2,000; THE THIRD PERIOD, $2,400; THE FOURTH PERIOD, $3,000; THE FIFTH PERIOD, $3,500; AND THE SIXTH PERIOD, $4,000.

THE PAY OF THE FOURTH PERIOD SHALL BE PAID TO * * * LIEUTENANT COMMANDERS OF THE NAVY, * * * WHO HAVE COMPLETED FOURTEEN YEARS' SERVICE, * * * LIEUTENANTS OF THE NAVY, * * * WHO HAVE COMPLETED SEVENTEEN YEARS' SERVICE, * * * AND TO LIEUTENANTS OF THE STAFF CORPS OF THE NAVY, * * * WHOSE TOTAL COMMISSIONED SERVICE EQUALS THAT OF LIEUTENANT COMMANDERS OF THE LINE OF THE NAVY DRAWING THE PAY OF THIS PERIOD.

THE SERVICE RECORD OF LIEUTENANT AUSTIN FURNISHED BY THE BUREAU OF NAVIGATION JANUARY 19, 1924, SHOWS HE WAS APPOINTED A MIDSHIPMAN AUGUST 4, 1909; ACCEPTED APPOINTMENT AS SECOND LIEUTENANT IN THE ARMY AUGUST 29, 1913, AND VACATED HIS POSITION AS MIDSHIPMAN FROM AUGUST 28, 1913; SERVED AS SECOND LIEUTENANT, COAST ARTILLERY CORPS OF THE ARMY, FROM AUGUST 29, 1913, TO FEBRUARY 16, 1915, VACATING HIS POSITION, BY ACCEPTING COMMISSION AS ASSISTANT PAYMASTER IN THE NAVY FEBRUARY 17, 1915; COMMISSIONED REGULAR ASSISTANT PAYMASTER FROM JANUARY 2, 1915, WITH RANK OF ENSIGN; ATTAINED THE RANK OF LIEUTENANT (J.G.) (T) FROM JULY 1, 1917; ATTAINED THE RANK OF LIEUTENANT (T) FROM OCTOBER 15, 1917; ATTAINED THE RANK OF LIEUTENANT (J.G.) (S.C.) FROM JULY 30, 1917; AND WAS COMMISSIONED REGULAR PASSED ASSISTANT PAYMASTER IN THE NAVY WITH RANK OF LIEUTENANT FROM JULY 1, 1920.

LIEUTENANT AUSTIN'S SERVICE IS THUS MADE UP AS FOLLOWS:

TABLE

YRS. MOS. DAYS MIDSHIPMAN, AUGUST 4, 1909, TO AUGUST 28, 1913 ---------- 4 0 25

-------------- 2ND LIEUTENANT, U.S.A., AUG. 29, 1913, TO FEB. 16, 1915 - 15 18 LIEUTENANT, U.S.N., FEB. 17, 1915, TO SEPT. 17, 1923 ---- 8 7 1

COMMISSIONED SERVICE ------------------------------- 10 0 19

LIEUTENANT AUSTIN CITES THE CASE OF LIEUT. COMMANDER B.G. LEIGHTON, AND CLAIMS EQUAL LENGTH OF COMMISSIONED SERVICE WITH THAT OFFICER.

LIEUTENANT COMMANDER LEIGHTON'S SERVICE IS AS FOLLOWS:

TABLE

YRS. MOS. DAYS MIDSHIPMAN, JUNE 26, 1909, TO JUNE 6, 1913 ---------- --- - 3 11 11 ENSIGN, ETC., U.S.N., JUNE 7, 1913, TO JUNE 25, 1923.

COMMISSIONED SERVICE --------------------------------- 10 0 19

IT THUS APPEARS THAT LIEUTENANT AUSTIN COMPLETED 10 YEARS AND 19 DAYS' COMMISSIONED SERVICE SEPTEMBER 17, 1923, AND LIEUTENANT COMMANDER LEIGHTON COMPLETED 10 YEARS AND 19 DAYS' COMMISSIONED SERVICE, WITH TOTAL SERVICE OF 14 YEARS, JUNE 25, 1923.

IT WAS HELD IN 3 COMP. GEN., 353, QUOTING THE SYLLABUS, AS FOLLOWS:

ANY LIEUTENANT OF THE STAFF CORPS OF THE NAVY IS ENTITLED TO THE PAY OF THE FOURTH PERIOD WHEN THE TOTAL OF HIS COMMISSIONED SERVICE EQUALS THE COMMISSIONED SERVICE TO THE CREDIT OF ANY LIEUTENANT COMMANDER OF THE NAVY WHO BY REASON OR COMPLETION OF 14 YEARS' TOTAL SERVICE IS ENTITLED TO THE PAY OF THE FOURTH PERIOD.

APPARENTLY THE PURPOSE OF THE PROVISION IS TO SECURE A UNIFORMITY OF ADVANCEMENT IN PAY GRADES, PROMOTION IN THE LINE ORDINARILY IT WOULD SEEM BEING MORE RAPID THAN IN THE STAFF CORPS. THE RESTRICTION OF THE COMPARISON TO "COMMISSIONED" SERVICE IS FOR THE BENEFIT OF OFFICERS OF THE STAFF CORPS. THE ACT OF MARCH 4, 1913, 37 STAT. 891, DENIED TO OFFICERS OF THE NAVY AND MARINE CORPS CREDIT FOR SERVICE FOR ANY PURPOSE AS A MIDSHIPMAN IF THEREAFTER APPOINTED TO THE NAVAL ACADEMY, AND REPEALED THE PROVISION OF THE ACT OF MARCH 3, 1899, 30 STAT. 1007, AUTHORIZING CREDIT FOR FIVE YEARS' CONSTRUCTIVE SERVICE FOR LONGEVITY PURPOSES TO PERSONS APPOINTED TO THE NAVY FROM CIVIL LIFE. THIS LATTER PROVISION WAS EFFECTIVE IMMEDIATELY. THE PROVISION APPLICABLE TO NAVAL ACADEMY SERVICE WAS NOT EFFECTIVE AS TO MIDSHIPMEN WHO HAD BEEN APPOINTED TO THE ACADEMY PRIOR TO THAT DATE AND WHO WERE GRADUATED IN 1913, 1914, 1915, AND 1916. THE ACT OF JUNE 10, 1922, BY PROVIDING FOR THE PAY OF THE FOURTH PERIOD TO LIEUTENANTS OF THE STAFF CORPS OF THE NAVY WHOSE TOTAL COMMISSIONED SERVICE EQUALED THAT OF A LIEUTENANT COMMANDER OF THE LINE OF THE NAVY DRAWING THE PAY OF THE FOURTH PERIOD, OPERATES TO THE ADVANTAGE OF OFFICERS OF THE STAFF CORPS APPOINTED FROM CIVIL LIFE SUBSEQUENT TO MARCH 4, 1913, AND PRIOR TO JUNE, 1916, IN EFFECT RESTORING A MODIFIED AND INDIRECT CREDIT OF CONSTRUCTIVE SERVICE, THEIR SERVICE AS COMMISSIONED OFFICERS BEING COMPARABLE UNDER THE STATUTE WITH THE COMMISSIONED SERVICE OF A LIEUTENANT COMMANDER OF THE LINE ENTITLED TO COUNT NAVAL ACADEMY SERVICE FOR PURPOSES OF PAY UNDER THE ACT OF JUNE 10, 1922.

IT IS OBVIOUS THAT THE COMMISSIONED SERVICE OF LIEUTENANT AUSTIN DOES NOT NOW, NEVER HAS, AND NEVER WILL (SO LONG AS BOTH CONTINUE IN THE NAVY ON THE ACTIVE LIST) EQUAL THAT OF LIEUTENANT COMMANDER LEIGHTON. HE IS NOT ENTITLED TO PAY OF THE FOURTH PAY PERIOD BASED ON A COMPARISON OF HIS COMMISSIONED SERVICE WITH THE COMMISSIONED SERVICE OF ANY LIEUTENANT COMMANDER OF THE LINE OF GREATER LENGTH OF COMMISSIONED SERVICE THAN HE HAS. WHEN A LIEUTENANT IN THE STAFF CORPS OF THE NAVY (BEFORE HE HAS RENDERED 17 YEARS' SERVICE) HAS COMMISSIONED SERVICE EQUAL TO OR EXCEEDING THAT OF ANY LIEUTENANT COMMANDER OF THE LINE WHO HAS RENDERED 14 YEARS' SERVICE AUTHORIZED TO BE COUNTED UNDER THE ELEVENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922, AND ENTITLING SUCH LIEUTENANT COMMANDER TO THE PAY OF THE FOURTH PERIOD, HE WILL, UNDER THE QUOTED PROVISION OF THE LAW, BE ALSO ENTITLED TO THE PAY OF THE FOURTH PERIOD. THE FACT THAT A PARTICULAR LIEUTENANT COMMANDER WAS ENTITLED TO THE PAY OF THE FOURTH PERIOD BY REASON OF OVER 14 YEARS' SERVICE AFTER HAVING 10 YEARS' COMMISSIONED SERVICE AT A DATE BEFORE LIEUTENANT AUSTIN HAD 10 YEARS' COMMISSIONED SERVICE DOES NOT MAKE HIS COMMISSIONED SERVICE EQUAL TO THAT OF THE LIEUTENANT COMMANDER SELECTED, ALTHOUGH IT EQUALS THAT OF THE LIEUTENANT COMMANDER WHEN THE LATTER ATTAINED THE HIGHER RATE OF PAY. IS NO EQUALITY OF COMMISSIONED SERVICE AS OF THE DATE THE LIEUTENANT COMMANDER BECAME ENTITLED TO THE PAY OF THE FOURTH PERIOD, BUT EQUALITY OF COMMISSIONED SERVICE WITHOUT QUALIFICATION.

THE SETTLEMENT IS SUSTAINED WITHOUT PREJUDICE, HOWEVER, TO THE FILING OF A CLAIM BASED UPON THE COMMISSIONED SERVICE OF A LIEUTENANT COMMANDER OF THE LINE ENTITLED TO PAY OF THE FOURTH PERIOD WITH LESS OR NO GREATER COMMISSIONED SERVICE THAN HAS CLAIMANT.