A-21302, FEBRUARY 6, 1928, 7 COMP. GEN. 463

A-21302: Feb 6, 1928

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PAY - LONGEVITY - CADET SERVICE AN OFFICER OF THE NAVY WHO WAS APPOINTED A CADET AT THE MILITARY ACADEMY JUNE 14. WAS DISCHARGED THEREFROM SEPTEMBER 5. AFTER A PERIOD OF CIVIL LIFE WAS APPOINTED A MIDSHIPMAN AT THE NAVAL ACADEMY MAY 20. IS ENTITLED TO COUNT FOR PAY PURPOSES HIS SERVICE AS A CADET IN THE MILITARY ACADEMY FROM JUNE 14. LIEUTENANT DOUGHTY WAS APPOINTED CADET AT THE WEST POINT MILITARY ACADEMY JUNE 14. WAS DISCHARGED THEREFROM SEPTEMBER 5. HE WAS APPOINTED. UPON COMPLETION OF THE COURSE OF INSTRUCTION AT THE NAVAL ACADEMY HE WAS COMMISSIONED REGULAR AN ENSIGN FROM MARCH 30. IF HE IS ENTITLED TO COUNT HIS SERVICE AT THE MILITARY ACADEMY. HE WILL BE ENTITLED TO PAY AS AN OFFICER WITH OVER 12 YEARS' SERVICE FROM JANUARY 8.

A-21302, FEBRUARY 6, 1928, 7 COMP. GEN. 463

PAY - LONGEVITY - CADET SERVICE AN OFFICER OF THE NAVY WHO WAS APPOINTED A CADET AT THE MILITARY ACADEMY JUNE 14, 1911, WAS DISCHARGED THEREFROM SEPTEMBER 5, 1912, AND AFTER A PERIOD OF CIVIL LIFE WAS APPOINTED A MIDSHIPMAN AT THE NAVAL ACADEMY MAY 20, 1913, GRADUATING THEREFROM AND BEING COMMISSIONED IN THE NAVY, MAY COUNT HIS SERVICE AT THE MILITARY ACADEMY UNDER AN APPOINTMENT THERETO PRIOR TO AUGUST 24, 1912, IN COMPUTING HIS PAY UNDER SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, BUT BY REASON OF THE ACT OF MARCH 4, 1913, 37 STAT. 891, HE MAY NOT COUNT HIS SERVICE AT THE NAVAL ACADEMY, HIS APPOINTMENT THERETO HAVING BEEN SUBSEQUENT TO THE DATE OF THE ACT.

COMPTROLLER GENERAL MCCARL TO ENSIGN C. H. THRO, UNITED STATES NAVY, FEBRUARY 6, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 9, 1928, REQUESTING DECISION WHETHER LIEUT. LEONARD DOUGHTY, JR., UNITED STATES NAVY, IS ENTITLED TO COUNT FOR PAY PURPOSES HIS SERVICE AS A CADET IN THE MILITARY ACADEMY FROM JUNE 14, 1911, TO SEPTEMBER 5, 1912.

LIEUTENANT DOUGHTY WAS APPOINTED CADET AT THE WEST POINT MILITARY ACADEMY JUNE 14, 1911, AND WAS DISCHARGED THEREFROM SEPTEMBER 5, 1912. AFTER A PERIOD OF CIVIL LIFE, HE WAS APPOINTED, MAY 20, 1913, A MIDSHIPMAN. UPON COMPLETION OF THE COURSE OF INSTRUCTION AT THE NAVAL ACADEMY HE WAS COMMISSIONED REGULAR AN ENSIGN FROM MARCH 30, 1917, AND HAS SINCE SERVED CONTINUOUSLY AS A COMMISSIONED OFFICER IN THE NAVY. IF HE IS ENTITLED TO COUNT HIS SERVICE AT THE MILITARY ACADEMY, HE WILL BE ENTITLED TO PAY AS AN OFFICER WITH OVER 12 YEARS' SERVICE FROM JANUARY 8, 1928. IT IS STATED THAT HE HAS HERETOFORE BEEN CREDITED WITH HIS SERVICE AS A CADET AT THE MILITARY ACADEMY IN THE COMPUTATION OF HIS LENGTH OF SERVICE FOR LONGEVITY AND PERIOD PAY PURPOSES.

IN THE CASE OF UNITED STATES V. MORTON, 112 U.S. 1, AND THE CASES FOLLOWING THAT RULE, UNITED STATES V. BAKER, 125 U.S. 646; UNITED STATES V. COOK, 128 U.S. 254; UNITED STATES V. WATSON, 130 U.S. 80, SERVICE OF A CADET IN THE MILITARY ACADEMY OR AS A MIDSHIPMAN AT THE NAVAL ACADEMY WAS HELD TO BE SERVICE IN THE ARMY OR NAVY AND AUTHORIZED TO BE COUNTED IN COMPUTING AN OFFICER'S LONGEVITY PAY. THE ACT OF AUGUST 24, 1912, 37 STAT. 594, DISCONTINUED THE RIGHT TO COUNT SUCH SERVICE TO CADETS THEREAFTER APPOINTED TO THE MILITARY ACADEMY, AND THE ACT OF MARCH 4, 1913, 37 STAT. 891, AS TO SERVICE AT THE NAVAL ACADEMY PROVIDES:

HEREAFTER THE SERVICE OF A MIDSHIPMAN AT THE UNITED STATES NAVAL ACADEMY, OR THAT OF A CADET AT THE UNITED STATES MILITARY ACADEMY, WHO MAY HEREAFTER BE APPOINTED TO THE UNITED STATES NAVAL ACADEMY, OR TO THE UNITED STATES MILITARY ACADEMY, SHALL NOT BE COUNTED IN COMPUTING FOR ANY PURPOSE THE LENGTH OF SERVICE OF ANY OFFICER IN THE NAVY OR IN THE MARINE CORPS.

THE PURPOSE OF THIS ACT WAS TO THEREAFTER DISCONTINUE THE RULE STATED IN THE MORTON CASE, AND BY ITS TERMS APPLIES TO CADETS APPOINTED SUBSEQUENT TO ITS ENACTMENT; IT DOES NOT PURPORT TO AFFECT SERVICE AT THE ACADEMIES PRIOR TO ITS PASSAGE.

AS LIEUTENANT DOUGHTY'S SERVICE AT THE MILITARY ACADEMY UNDER AN APPOINTMENT THERETO PRIOR TO AUGUST 24, 1912, IS NO DIFFERENT THAN ANY OTHER SERVICE AUTHORIZED TO BE COUNTED, IT MAY PROPERLY BE INCLUDED IN COMPUTING HIS PAY UNDER SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 625. HE IS NOT, OF COURSE, ENTITLED TO COUNT HIS SERVICE AT THE NAVAL ACADEMY.