A-25003, JANUARY 16, 1929, 8 COMP. GEN. 369

A-25003: Jan 16, 1929

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SUCH SERVICE IS NOT SERVICE FOR PAY OR LONGEVITY CREDIT AND MAY NOT BE COUNTED IN COMPARING THE COMMISSIONED SERVICE OF A STAFF OFFICER OF THE NAVY WITH THE COMMISSIONED SERVICE OF LINE OFFICERS OF THE NAVY DRAWING THE PAY OF THE FOURTH PERIOD. AN EXAMINATION OF THE PAY-ROLL RECORDS OF THIS OFFICE SHOWS LIEUTENANT DUGGAN WAS ENROLLED IN THE PROVISIONAL GRADE OF DENTAL SURGEON WITH RANK OF LIEUTENANT (JG) IN THE NAVAL COAST DEFENSE RESERVE. HE WAS DIRECTED TO PROCEED AND REPORT TO THE COMMANDANT. LIEUTENANT DUGGAN CONTENDS THAT HE IS ENTITLED TO COUNT COMMISSIONED SERVICE UNDER SAID APPOINTMENT FROM DATE OF ENROLLMENT. THE COMMISSIONED SERVICE CONTEMPLATED UNDER THIS PROVISION IS ACTIVE COMMISSIONED SERVICE AND NONE OTHER.

A-25003, JANUARY 16, 1929, 8 COMP. GEN. 369

PAY - LONGEVITY - VOLUNTARY SERVICE PERFORMED AS MEMBER OF NAVAL RESERVE FORCE VOLUNTARY SERVICE PERFORMED BY A MEMBER OF THE NAVAL RESERVE FORCE SUBSEQUENT TO ENROLLMENT, BUT PRIOR TO COMMISSION AND ORDER TO ACTIVE DUTY, DID NOT CONSTITUTE THE MEMBER A "DE FACTO" OFFICER FOR THE PERIOD OF SUCH SERVICE. SUCH SERVICE IS NOT SERVICE FOR PAY OR LONGEVITY CREDIT AND MAY NOT BE COUNTED IN COMPARING THE COMMISSIONED SERVICE OF A STAFF OFFICER OF THE NAVY WITH THE COMMISSIONED SERVICE OF LINE OFFICERS OF THE NAVY DRAWING THE PAY OF THE FOURTH PERIOD, AS PROVIDED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 16, 1929:

THERE HAS BEEN RECEIVED YOUR SIXTH INDORSEMENT OF OCTOBER 31, 1928, RELATIVE TO THE RIGHT OF LIEUT. NICHOLAS S. DUGGAN, DENTAL CORPS, UNITED STATES NAVY, TO FOURTH- PERIOD PAY FROM JUNE 14, 1927, BY REASON OF HAVING ON THAT DATE COMMISSIONED SERVICE EQUAL TO THE COMMISSIONED SERVICE OF LIEUT. COMMANDER JOSEPH W. GREGORY, OF THE LINE OF THE NAVY, DRAWING THE PAY OF THAT PERIOD.

THE RECORDS SHOW THAT LIEUTENANT COMMANDER GREGORY ACCEPTED APPOINTMENT AS ENSIGN IN THE NAVY ON JUNE 14, 1917, AND THAT HIS COMMISSIONED SERVICE HAS BEEN CONTINUOUS FROM SAID DATE. AN EXAMINATION OF THE PAY-ROLL RECORDS OF THIS OFFICE SHOWS LIEUTENANT DUGGAN WAS ENROLLED IN THE PROVISIONAL GRADE OF DENTAL SURGEON WITH RANK OF LIEUTENANT (JG) IN THE NAVAL COAST DEFENSE RESERVE, CLASS 4, TO SERVE FOUR YEARS FROM JUNE 13, 1917; THAT HE ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE JUNE 27, 1917; THAT BY ORDERS DATED JULY 6, 1917, HE WAS DIRECTED TO PROCEED AND REPORT TO THE COMMANDANT, TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIF., FOR ACTIVE DUTY, AND WHEN FURTHER DIRECTED BY THAT OFFICER TO PROCEED TO THE NAVAL RESERVE TRAINING STATION, SAN PEDRO CALIF., AND REPORT TO THE COMMANDANT OF THAT STATION FOR SUCH ACTIVE DUTY AS MIGHT BE ASSIGNED HIM; AND THAT INDORSEMENTS ON HIS ORDERS SHOW THAT HE REPORTED TO THE COMMANDANT OF THE TWELFTH NAVAL DISTRICT, SAN FRANCISCO, CALIF., ON JULY 7, 1917, AND TO THE COMMANDANT OF THE NAVAL RESERVE TRAINING STATION, SAN PEDRO, CALIF., (B.E.) JULY 10, 1917. LIEUTENANT DUGGAN CONTENDS THAT HE IS ENTITLED TO COUNT COMMISSIONED SERVICE UNDER SAID APPOINTMENT FROM DATE OF ENROLLMENT, JUNE 13, 1917. TO SUPPORT HIS CONTENTION, HE SUBMITS ABSTRACT OF HIS HEALTH RECORD SHOWING AN ENTRY OF "NO SICK DAYS" MAY 26 TO JULY 10, 1917, AT "NAV.EN.STA. S.F., CAL.'

SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 626, PROVIDES:

THE PAY OF THE FOURTH PERIOD SHALL BE PAID * * * 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 COMMISSIONED SERVICE CONTEMPLATED UNDER THIS PROVISION IS ACTIVE COMMISSIONED SERVICE AND NONE OTHER, AND A STAFF OFFICER IS ENTITLED TO CREDIT ONLY FOR PERIODS OF ACTIVE DUTY UNDER COMMISSION AS A MEMBER OF THE NAVAL RESERVE FORCE, EXCLUSIVE OF TRAINING DUTY. 4 COMP. GEN. 388; 7 ID 36; 43 MS. COMP. GEN. 695, A-8221, MARCH 16, 1925. VOLUNTARY SERVICE PENDING COMMISSION AND ORDER TO ACTIVE DUTY IS NOT COMMISSIONED SERVICE, IS NOT SERVICE FOR PAY OR LONGEVITY CREDIT, AND DOES NOT CONSTITUTE, AND HAS NEVER BEEN RECOGNIZED AS CONSTITUTING, ONE A "DE FACTO" OFFICER. LIEUTENANT DUGGAN'S COMMISSIONED SERVICE FOR PURPOSE OF LONGEVITY CREDIT, AND FOR COMPARISON WITH THE COMMISSIONED SERVICES OF LIEUTENANT COMMANDER GREGORY, UNDER THIS PROVISION, COMMENCED JULY 7, 1917, DATE HE FIRST REPORTED FOR ACTIVE DUTY UNDER HIS ENROLLMENT AS A DENTAL SURGEON. LIEUTENANT DUGGAN'S TOTAL COMMISSIONED SERVICE DOES NOT EQUAL THE COMMISSIONED SERVICE OF LIEUTENANT COMMANDER GREGORY, OF THE LINE OF THE NAVY, AND HE IS NOT ENTITLED TO PAY OF THE FOURTH PERIOD. IT IS NOTED THE BUREAU OF NAVIGATION HAS INFORMED LIEUTENANT DUGGAN THAT HIS SERVICE WILL BE COMPUTED FROM JUNE 27, 1917, AND THAT SUCH SERVICE WILL BE SHOWN IN THE NEXT EDITION OF THE NAVY REGISTER. FOR PURPOSES OF PAY HIS SERVICES MUST BE COMPUTED FROM JULY 7, 1917, NOTWITHSTANDING THE SERVICE SHOWN IN THE NAVY REGISTER.