A-23793, OCTOBER 6, 1928, 8 COMP. GEN. 162

A-23793: Oct 6, 1928

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PAY - ADDITIONAL - SUBMARINE DUTY - NAVY OFFICERS AN OFFICER OF THE NAVY ASSIGNED TO DUTY ON BOARD A SUBMARINE IS NOT ENTITLED. SUCH ADDITIONAL PAY BEING AUTHORIZED ONLY FOR PERIODS THE OFFICER ACTUALLY IS "ON DUTY ON BOARD A SUBMARINE.'. FOR AN OFFICER OF THE NAVY "ON DUTY ON BOARD A SUBMARINE" IS NOT WITHIN THE $7. INSOFAR AS DISPERSEMENTS ARE INVOLVED. THE CHANGE PROPOSED IS IN PARAGRAPH 2 OF THE NEW SECTION I OF THE INSTRUCTIONS WHICH WERE BEFORE THIS OFFICE IN YOUR SUBMISSION OF MAY 4. OFFICERS WHILE ON DUTY ON BOARD A SUBMARINE OF THE NAVY ARE ENTITLED TO 25 PERCENTUM OF THEIR BASE PAY PLUS LONGEVITY. SUBMARINE PAY WILL BE CREDITED FROM THE DATE AN OFFICER ACTUALLY REPORTS FOR DUTY ON BOARD A SUBMARINE OF THE NAVY AND SHALL TERMINATE ON THE DATE HE IS DETACHED FROM DUTY ON BOARD A SUBMARINE AS EVIDENCED BY INDORSEMENTS ON HIS ORDERS.

A-23793, OCTOBER 6, 1928, 8 COMP. GEN. 162

PAY - ADDITIONAL - SUBMARINE DUTY - NAVY OFFICERS AN OFFICER OF THE NAVY ASSIGNED TO DUTY ON BOARD A SUBMARINE IS NOT ENTITLED, WHILE ABSENT FROM THE SUBMARINE BY REASON OF SICKNESS, TO THE 25 PERCENT ADDITIONAL PAY AUTHORIZED IN THE ACT OF APRIL 9, 1918, 45 STAT. 412, SUCH ADDITIONAL PAY BEING AUTHORIZED ONLY FOR PERIODS THE OFFICER ACTUALLY IS "ON DUTY ON BOARD A SUBMARINE.' THE ADDITIONAL PAY AUTHORIZED IN THE ACT OF APRIL 9, 1928, 45 STAT. 412, FOR AN OFFICER OF THE NAVY "ON DUTY ON BOARD A SUBMARINE" IS NOT WITHIN THE $7,200 LIMITATION PRESCRIBED IN SECTION 7 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, WITH RESPECT TO THE "BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS" AUTHORIZED THEREIN FOR ANY OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, OCTOBER 6, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 18,1928, TRANSMITTING A PROPOSED CHANGE IN THE NAVY PAY BILL INSTRUCTIONS AND REQUESTING AN EXPRESSION OF MY VIEWS AS TO WHETHER THE CHANGE IN INSTRUCTIONS, INSOFAR AS DISPERSEMENTS ARE INVOLVED, CONFORMS WITH THE LAW. THE CHANGE PROPOSED IS IN PARAGRAPH 2 OF THE NEW SECTION I OF THE INSTRUCTIONS WHICH WERE BEFORE THIS OFFICE IN YOUR SUBMISSION OF MAY 4, 1928, AND AS APPROVED BY THIS OFFICE READ AS FOLLOWS:

2. OFFICERS WHILE ON DUTY ON BOARD A SUBMARINE OF THE NAVY ARE ENTITLED TO 25 PERCENTUM OF THEIR BASE PAY PLUS LONGEVITY, SUBMARINE PAY WILL BE CREDITED FROM THE DATE AN OFFICER ACTUALLY REPORTS FOR DUTY ON BOARD A SUBMARINE OF THE NAVY AND SHALL TERMINATE ON THE DATE HE IS DETACHED FROM DUTY ON BOARD A SUBMARINE AS EVIDENCED BY INDORSEMENTS ON HIS ORDERS. INITIAL CREDITS OF SUBMARINE PAY IN THE CASE OF OFFICERS WILL BE SUBSTANTIATED BY CERTIFIED COPY OF AN OFFICER'S ORDERS TO SUBMARINE DUTY. SUBSEQUENT CREDITS WILL BEAR REFERENCE TO THE MONTH OR QUARTER IN WHICH THE ORDERS ARE FILED. AN OFFICER ATTACHED TO A SUBMARINE IS NOT ENTITLED TO SUBMARINE PAY WHILE ABSENT THEREFROM ON LEAVE.

THE CHANGE PROPOSED IN THIS INSTRUCTION IS TO ADD THERETO, AFTER THE LAST SENTENCE, THE FOLLOWING:

OFFICERS ARE ENTITLED TO ADDITIONAL PAY FOR SUBMARINE DUTY WHILE ATTACHED TO A SUBMARINE OF THE NAVY DURING PERIODS WHILE IN HOSPITAL FOR TREATMENT. THE RIGHT TO ADDITIONAL PAY FOR SUBMARINE DUTY IS NOT AFFECTED BY THE $7,200 LIMITATION IN THE CASE OF OFFICERS OF THE GRADE OF CAPTAIN AND BELOW.

THE ACT OF APRIL 9, 1928, 45 STAT. 412, AUTHORIZING ADDITIONAL PAY FOR DUTY ON BOARD A SUBMARINE, PROVIDES:

THAT HEREAFTER ALL OFFICERS OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY SHALL, WHILE SO SERVING, RECEIVE 25 PERCENTUM ADDITIONAL OF THE PAY FOR THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW; AND AN ENLISTED MAN OF THE UNITED STATES NAVY ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY, * * * SHALL IN LIEU OF THE ADDITIONAL PAY NOW AUTHORIZED, RECEIVE PAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, AT THE RATE OF NOT LESS THAN $5 PER MONTH, AND NOT EXCEEDING $30 PER MONTH, IN ADDITION TO THE PAY AND ALLOWANCES OF HIS RATINGS AND SERVICE.

IN THE LANGUAGE OF THE SENATE COMMITTEE ON NAVAL AFFAIRS HAVING THIS LEGISLATION IN CHARGE, SENATE REPORT NO. 380, TO ACCOMPANY S. 3131, SEVENTIETH CONGRESS, FIRST SESSION, BY THE TERMS OF THE ACT "OFFICERS WHILE ACTUALLY SERVING ON BOARD SUBMARINES OF THE NAVY WILL RECEIVE 25 PER CENT ADDITIONAL OF THE PAY OF THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW," WHEREAS "ENLISTED MEN, ASSIGNED TO DUTY ABOARD SUBMARINES" WILL RECEIVE ADDITIONAL PAY UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE NAVY.

IT SEEMS CLEAR FROM THE LANGUAGE OF THE ACT AND FROM THE COMMITTEE REPORT THEREON THAT IT WAS NOT INTENDED TO AUTHORIZE ADDITIONAL PAY FOR AN OFFICER ASSIGNED TO DUTY "ON BOARD A SUBMARINE" EXCEPT WHERE THE OFFICER ACTUALLY IS PERFORMING DUTY ON BOARD THE SUBMARINE AND SUBJECT TO THE HAZARDS AND RISKS SUCH DUTY ENTAILS. IT MUST BE THE VIEW, THEREFORE, THAT THE CHANGE PROPOSED IN THE PAY BILL INSTRUCTIONS DOES NOT CONFORM WITH THE LAW IN SO FAR AS IT RELATES TO ADDITIONAL PAY TO AN OFFICER FOR SUBMARINE DUTY WHILE IN A HOSPITAL FOR TREATMENT.

RESPECTING THE PROPOSED CHANGE CONCERNING THE $7,200 LIMITATION IN THE CASE OF OFFICERS OF THE GRADE OF CAPTAIN AND BELOW, SECTION 7 OF THE ACT OF JUNE 10, 1922, 42 STAT. 628, PROVIDES:

THAT WHEN THE TOTAL OF BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS, AUTHORIZED IN THIS ACT FOR ANY OFFICER BELOW THE GRADE OF BRIGADIER GENERAL OR ITS EQUIVALENT, SHALL EXCEED $7,200 A YEAR, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT OF THE EXCESS ABOVE $7,200: * *

THE ADDITIONAL PAY AUTHORIZED FOR OFFICERS ON DUTY ON BOARD A SUBMARINE IS NOT INCLUDED IN THE ,TOTAL OF BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL LOWANCE.' THE PROPOSED CHANGE IN THE PAY BILL INSTRUCTIONS, ACCORDINGLY, IS APPROVED IN THAT RESPECT.

IT IS SUGGESTED THAT IN LIEU OF THE PROPOSED CHANGE THE LAST SENTENCE OF PARAGRAPH 2 OF SECTION I OF THE PAY BILL INSTRUCTIONS AS IT NOW STANDS BE MODIFIED, AND THAT THE PARAGRAPH CONCLUDE AS FOLLOWS:

AN OFFICER ATTACHED TO A SUBMARINE IS NOT ENTITLED TO SUBMARINE PAY WHILE ABSENT THEREFROM ON LEAVE OR BY REASON OF SICKNESS. THE RIGHT TO ADDITIONAL PAY FOR SUBMARINE DUTY IS NOT AFFECTED BY THE $7,200 LIMITATION APPLYING TO OFFICERS OF THE GRADE OF CAPTAIN AND BELOW.

IT IS TO BE UNDERSTOOD IN CONNECTION WITH THESE INSTRUCTIONS, OF COURSE, THAT QUESTIONS ARISING UNDER THE CITED STATUTES ARE SUBJECT TO SUCH INTERPRETATION AS MAY BE REQUIRED BY THE FACTS OF PARTICULAR CASES PRESENTED.