A-25034, APRIL 2, 1929, 8 COMP. GEN. 515

A-25034: Apr 2, 1929

Additional Materials:

Contact:

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

 

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

IMMEDIATELY WAS TAKEN UP IN THE PERMANENT WARRANT OFFICER STATUS PREVIOUSLY VACATED. BEING AT THAT TIME ELIGIBLE FOR AND SUBSEQUENTLY WAS FOUND QUALIFIED FOR AND APPOINTED TO COMMISSIONED WARRANT OFFICE FROM A DATE PRIOR TO THE DATE OF HIS BEING DROPPED FROM HIS PERMANENT OFFICE OF ENSIGN. IS TO BE REGARDED AS AN OFFICER "IN THE SERVICE ON JUNE 30. THE ACTION TAKEN IN THE SETTLEMENT AND THE BASIS SUGGESTED FOR ALLOWING CREDIT IN LIEUTENANT SHAFFER'S DISBURSING ACCOUNT ARE SET OUT IN THE APPLICATION FOR REVIEW. THESE PAYMENTS WERE PASSED TO THE CREDIT OF LIEUTENANT SHAFFER BY THE GENERAL ACCOUNTING OFFICE BUT HAVE BEEN REOPENED IN THE SUPPLEMENTAL STATEMENT ISSUED BY THE GENERAL ACCOUNTING OFFICE UNDER DATE OF OCTOBER 16.

A-25034, APRIL 2, 1929, 8 COMP. GEN. 515

PAY - NAVY COMMISSIONED WARRANT OFFICER - SERVICE AUTHORIZED TO BE COUNTED A NAVY WARRANT OFFICER (PERMANENT) SERVING UNDER A TEMPORARY APPOINTMENT AS LIEUTENANT, BY ACCEPTING A PERMANENT APPOINTMENT AS ENSIGN NOVEMBER 21, 1921, UNDER THE AUTHORITY OF SECTION 3 OF THE ACT OF JUNE 4, 1920, 41 STAT. 834, 835, VACATED BOTH HIS PERMANENT WARRANT OFFICE AND HIS TEMPORARY OFFICE OF LIEUTENANT. A NAVY WARRANT OFFICER (PERMANENT) WHO, WHILE SERVING UNDER A TEMPORARY APPOINTMENT AS LIEUTENANT, ON NOVEMBER 21, 1921, ACCEPTED A PERMANENT APPOINTMENT IN THE GRADE OF ENSIGN IN ACCORDANCE WITH SECTION 3 OF THE ACT OF JUNE 4, 1920, 41 STAT. 834, 835, AND, THEREAFTER, HAVING BEEN DROPPED FROM HIS PERMANENT OFFICE OF ENSIGN BY REASON OF HIS FAILURE TO QUALIFY PROFESSIONALLY FOR PROMOTION, IMMEDIATELY WAS TAKEN UP IN THE PERMANENT WARRANT OFFICER STATUS PREVIOUSLY VACATED, IN ACCORDANCE WITH SECTIONS 3 AND 4, ACT OF JUNE 4, 1920, 41 STAT. 834, 835, BEING AT THAT TIME ELIGIBLE FOR AND SUBSEQUENTLY WAS FOUND QUALIFIED FOR AND APPOINTED TO COMMISSIONED WARRANT OFFICE FROM A DATE PRIOR TO THE DATE OF HIS BEING DROPPED FROM HIS PERMANENT OFFICE OF ENSIGN, IS TO BE REGARDED AS AN OFFICER "IN THE SERVICE ON JUNE 30, 1922," IN DETERMINING HIS LENGTH OF SERVICE FOR PAY PURPOSES, ETC., THE ENTIRE SERVICE ON AND AFTER JUNE 30, 1922, CONSTITUTING BY OPERATION OF LAW, ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 2, 1929:

THERE HAS BEEN RECEIVED AN APPLICATION FOR REVIEW OF SETTLEMENT OF THIS OFFICE M-23809-N, OCTOBER 16, 1928, DISALLOWING CREDIT IN THE DISBURSING ACCOUNT OF LIEUT. HOWARD M. SHAFFER (SC), UNITED STATES NAVY, FOR PAYMENTS OF PAY AND ALLOWANCES MADE TO CHIEF GUNNER BRUCE MALIN PARMENTER. THE ACTION TAKEN IN THE SETTLEMENT AND THE BASIS SUGGESTED FOR ALLOWING CREDIT IN LIEUTENANT SHAFFER'S DISBURSING ACCOUNT ARE SET OUT IN THE APPLICATION FOR REVIEW, AS FOLLOWS:

1. THE FOLLOWING DISALLOWANCE HAS BEEN RAISED IN THE ACCOUNTS OF LIEUTENANT HOWARD M. SHAFFER (SC), U.S.N., REPRESENTING PAYMENTS MADE TO CHIEF GUNNER BRUCE M. PARMENTER, U.S.N. THESE PAYMENTS WERE PASSED TO THE CREDIT OF LIEUTENANT SHAFFER BY THE GENERAL ACCOUNTING OFFICE BUT HAVE BEEN REOPENED IN THE SUPPLEMENTAL STATEMENT ISSUED BY THE GENERAL ACCOUNTING OFFICE UNDER DATE OF OCTOBER 16, 1928:

TABLE "CTF M-11473-N, FIRST QUARTER, 1925. U.S.S. RALEIGH--- OFFICERS' ROLL. PAY NAVY, 1925 --------------------------------------- ------- $125.00 PAY NAVY, 1924 --------------------------------------- ------- 437.77

1. DISALLOWED IN PART: OCT. 16, 1928.

5. BRUCE MALIN PARMENTER, CH. GUNNER.

SERVICE RECORD AS FOLLOWS:

ENLISTED SERVICE 14 YEARS, 3 MONTHS, AND 13 DAYS.

ACCEPT APPOINTMENT AS GUNNER (T.) JULY 9, 1917, TO RANK FROM JULY 2, 1917.

ACCEPTED APPOINTMENT GUNNER (PERM.), U.S.N., NOV. 22, 1917, TO RANK FROM OCT. 9, 1917. ACCEPTED APPOINTMENT AS ENS. (T.), U.S.N., JAN. 18, 1918, TO RANK FROM OCT. 10, 1917. ACCEPTED APPOINTMENT AS LIEUT. (JG.) (T.) OCT. 4, 1918, TO RANK FROM JULY 1, 1918. ACCEPTED APPOINTMENT AS LIEUT. (T.) MAR. 29, 1919, TO RANK FROM JAN. 1, 1919. ACCEPTED APPOINTMENT AS ENS. (PERM.) NOV. 21, 1921, TO RANK FROM JUNE 6, 1919, AND SERVED AS SUCH UNTIL RECEIPT OF LETTER REVOKING APPOINTMENT AS ENS. (PERM.) AND REVERTING TO STATUS OF GUNNER (P.) ON AUGUST 13, 1923. ACCEPTED APPOINTMENT AS CHIEF GUNNER, MAY 11, 1924, TO RANK FROM JULY 2, 1923. THE SECRETARY OF THE NAVY CERTIFIED BY LETTER OF JULY 3, 1924, THAT RECORD WAS CREDITABLE WITHIN THE MEANING OF THE ACT OF JUNE 10, 1922, AND ENTITLED TO PAY OF SECOND PAY PERIOD FROM OCTOBER 10, 1923. UNDER APPOINTMENT AS CHIEF GUNNER, PARMENTER IS ENTITLED TO COUNT FOR LONGEVITY, COMMISSIONED SERVICE ONLY. COMMISSIONED SERVICE IS HERE ALLOWED FROM NOV. 22, 1917, WHEN HE ACCEPTED HIS APPOINTMENT AS GUNNER (PERM.), U.S.N.

ACCORDINGLY, CH. GUNNER PARMENTER COULD NOT HAVE COMPLETED 6 YEARS CREDITABLE SERVICE UNTIL NOVEMBER 21, 1923. SEE 24 COMP. 493, 25 COMP. 852; 26 COMP. 148. CREDITED AS FOLLOWS:

TABLE

PAY AT $168.00 PER MONTH (SHORE PAY GUNNER OVER 12 YEARS)

OCT. 10, 1923, TO FEB. 5, 1924 ------------------------------ $649.60

PAY AT $189.00 PER MONTH (SEA PAY GUNNER OVER 12 YEARS) FEB.

6, 1924, TO JUNE 30, 1924 ----------------------------------- 913.50

SUBSISTENCE ALLOWANCE AT 60 CENTS PER DAY OCT. 10, 1923, TO

JUNE 30, 1924 ----------------------------------------------- 159.00

RENTAL ALLOWANCE AT $40.00 PER MONTH (WITH DEPENDENTS)

OCT. 10, 1923, TO JUNE 30, 1924 ----------------------------- 348.00

PAY AT $225.00 PER MONTH (CHIEF GUNNER AFTER 6 YEARS)

(CREDITABLE RECORD AND OVER 21 YEARS SERVICE) JULY 1,

TO SEPT. 30, 1924 ------------------------------------------- 675.00

SUBALLOWANCE AT $1.20 PER DAY JULY 1, TO SEPT. 30, 1924 ----- 110.40

RENTAL ALLOWANCE AT $60.00 PER MO. JULY 1-SEPT. 30, 1924 ---- 180.00

SUNDRY CREDITS AS FOLLOWS:

DIFFERENCE IN PAY BETWEEN $168.00 PER MONTH AND $225.00 PER

MONTH OCT. 10, 1923, TO FEB. 5 1924 ------------------------- 220.40

DIFFERENCE IN PAY BETWEEN $189.00 PER MONTH AND $225.00 PER

MONTH FEB. 6, 1924, TO JUNE 30, 1924 ------------------------ 174.00

DIFFERENCE IN SUBSISTENCE ALLOWANCE AT 60 CENTS A DAY

OCT. 10, 1923, TO JUNE 30, 1924 ----------------------------- 159.00

DIFFERENCE IN RENTAL ALLOWANCE BETWEEN $40.00 PER MONTH AND

$60.00 PER MONTH OCT. 10, 1923, TO JUNE 30, 1924 ------------ 174.00

TOTAL ------------------------------------------------------ 3,762.90

ALLOWED AS FOLLOWS:

PAY AT $168.00 PER MONTH (SHORE PAY (OF WARRANT

OFFICER) OVER 12 YEARS) OCT. 10, 1923, TO

NOV. 21, 1923 ---------------------------------- $235.20

PAY AT $183.33 PER MONTH (CH. GUNNER AFTER 6

YEARS CREDITABLE SERVICE) NOV. 22, 1923, TO

SEPT. 30, 1924 --------------------------------- 1,888.33

SUB. ALLOWANCE AT 60 CENTS DAY OCT. 10, 1923,

TO NOV. 21, 1923 ------------------------------- 25.80

SUB. ALLOWANCE AT $1.20 PER DAY NOV. 22, 1923,

TO SEPT. 30, 1924 ------------------------------ 376.80

RENTAL ALLOWANCE AT $40.00 PER MONTH OCT. 10,

1923, TO NOV. 21, 1923 ------------------------- 56.00

RENTAL ALLOWANCE AT $60.00 PER MONTH NOV. 22,

1923, TO SEPT. 30, 1924 ------------------------ 618.00

TOTAL ALLOWED ---------------------------------------------- 3,200.13

DIFFERENCE ------------------------------------------------- 562.77

(DEBT REPORTED)

2. IN ADDITION THE FOLLOWING AMOUNTS HAVE BEEN DISALLOWED REPRESENTING PAYMENTS MADE DURING THE PERIODS INDICATED:

TABLE

OCTOBER 1 TO DECEMBER 31, 1924 ----------------------------- 108.00

JANUARY 1 TO MARCH 31, 1925 -------------------------------- 108.00

APRIL 1 TO JUNE 30, 1925 ----------------------------------- 108.00

THE DISALLOWANCE OF THE GENERAL ACCOUNTING OFFICE IS BASED ON THE CONCLUSION THAT CHIEF GUNNER PARMENTER SUBSEQUENT TO HIS APPOINTMENT AS A COMMISSIONED WARRANT OFFICER IS NOT ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES HIS PREVIOUS ENLISTED SERVICE BUT IS ENTITLED TO COUNT COMMISSIONED SERVICE ONLY. * * *

3. SECTION 1 OF THE ACT OF JUNE 10, 1922, PROVIDES IN PART AS FOLLOWS:

"FOR OFFICERS APPOINTED ON AND AFTER JULY 1, 1922, NO SERVICE SHALL BE COUNTED FOR PURPOSES OF PAY EXCEPT ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT AND COMMISSIONED SERVICE IN THE NATIONAL GUARD WHEN CALLED OUT BY ORDER OF THE PRESIDENT. FOR OFFICERS IN THE SERVICE ON JUNE 30, 1922, THERE SHALL BE INCLUDED IN THE COMPUTATION ALL SERVICE WHICH IS NOW COUNTED IN COMPUTING LONGEVITY PAY, * * *.'

5. THE RECORD OF CHIEF GUNNER PARMENTER SHOWS THAT HE WAS SERVING IN THE RANK OF ENSIGN ON JUNE 30, 1922, AND THEREFORE WAS AN OFFICER IN THE SERVICE ON THAT DATE. UPON HIS SUBSEQUENT EXAMINATION FOR THE RANK OF LIEUTENANT (JG) HE FAILED PROFESSIONALLY AND REVERTED TO HIS PERMANENT STATUS AS GUNNER, IN ACCORDANCE WITH THE SPECIFIC PROVISIONS OF THE ACT OF JUNE 4, 1920 (41 STAT. 835), WHICH PROVIDES IN PART AS FOLLOWS:

"THAT OFFICERS APPOINTED TO THE PERMANENT NAVY IN ACCORDANCE WITH THE FOREGOING SECTIONS WHO NOW HOLD PERMANENT WARRANT OR PERMANENT COMMISSIONED WARRANT IN THE UNITED STATES NAVY SHALL, IF THEY THEREAFTER FAIL PROFESSIONALLY ON EXAMINATION FOR PROMOTION REVERT TO SUCH PERMANENT WARRANT OR PERMANENT COMMISSIONED WARRANT STATUS.'

6. IT WOULD APPEAR, THEREFORE, THAT THIS OFFICER IS ENTITLED TO COUNT HIS PREVIOUS ENLISTED SERVICE FOR LONGEVITY PAY PURPOSES AS COMING WITHIN THAT CLASS OF OFFICERS REFERRED TO BY THE COMPTROLLER GENERAL IN HIS DECISION OF AUGUST 31, 1922, WHO HELD A COMMISSION ON THAT DATE AND SERVED CONTINUOUSLY WITHOUT DISCHARGE. * * *

THE APPLICATION FOR REVIEW RESTS PRIMARILY ON DECISIONS, 2 COMP. GEN. 170; 3 ID. 675; A-17935 OF APRIL 7, 1927, AND A-17962, APRIL 16, 1927, IN THE CASES OF ARMY AND NAVY OFFICERS WHO WERE SERVING IN COMMISSIONED GRADES IN THEIR RESPECTIVE SERVICES ON JUNE 30, 1922, WERE SUBSEQUENTLY DISCHARGED AND, EITHER IMMEDIATELY OR AFTER AN INTERVAL OF CIVILIAN LIFE, WERE REAPPOINTED IN COMMISSIONED GRADES IN THE SAME SERVICE FROM WHICH DISCHARGED, THE VIEW OF THE APPLICANT APPARENTLY BEING THAT THOSE DECISIONS TURN ON THE QUESTION OF WHETHER THERE WAS A COMPLETE SEPARATION (HOWEVER BRIEF) FROM THE PARTICULAR SERVICE INVOLVED RATHER THAN ON WHETHER THERE WAS UNINTERRUPTED COMMISSIONED SERVICE AND ADVANCEMENT THEREIN FROM GRADE TO GRADE IN ACCORDANCE WITH LAW AS ELIGIBILITY FOR PROMOTION WAS ESTABLISHED.

HAD CHIEF GUNNER PARMENTER NOT ACCEPTED THE APPOINTMENT AS ENSIGN IN THE NAVY, NOVEMBER 21, 1921, UNDER AUTHORITY OF SECTION 3, ACT JUNE 4, 1920, 41 STAT. 834, 835, THUS VACATING HIS OFFICE AS A LIEUTENANT (TEMPORARY), ACCEPTED MARCH 29, 1919, 2 COMP. GEN. 34, AND VACATING ALSO HIS PERMANENT WARRANT OFFICE OF GUNNER, 1 COMP. GEN. 294; RETTIG CASE, REVIEW NO. 3966, APRIL 27, 1923, 20 MS. ID. 1080; CALWELL CASE, A-11543, OCTOBER 21, 1925, 50 ID. 680, HIS TEMPORARY OFFICE OF LIEUTENANT WOULD HAVE TERMINATED BY OPERATION OF LAW ON DECEMBER 31, 1921, SEC. 2, ACT JUNE 4, 1920, 41 STAT. 834.

IN THIS SITUATION HAD HE REMAINED IN THE SERVICE AFTER TERMINATION OF HIS TEMPORARY OFFICE, CHIEF GUNNER PARMENTER WOULD HAVE SERVED, AFTER DECEMBER 31, 1921, IN HIS PERMANENT STATUS AS A GUNNER UNTIL FOUND QUALIFIED FOR ADVANCEMENT TO COMMISSIONED WARRANT RANK; THAT IS, UNTIL HE ,ACCEPTED APPOINTMENT AS CHIEF GUNNER, MAY 11, 1924, TO RANK FROM JULY 2, 1923.' WOULD NOT HAVE BEEN ENTITLED, UNDER SUCH CIRCUMSTANCES, TO COUNT ANY SERVICE FOR PURPOSES OF PAY AS A CHIEF GUNNER "EXCEPT ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT AND COMMISSIONED SERVICE IN THE NATIONAL GUARD WHEN CALLED OUT BY ORDER OF THE PRESIDENT.' (DECISION IN CASE OF CHIEF PAY CLERK AITKEN, A 4866, SEPTEMBER 12, 1924, 37 MS. COMP. GEN. 467; CHINNIS V. UNITED STATES, COURT OF CLAIMS NO. D-8, DECIDED MARCH 11, 1929.)

UNDER SECTION 1505 OF THE REVISED STATUTES, AS AMENDED BY THE ACT OF MARCH 11, 1912, 37 STAT. 73, MOREOVER, IF IT HAD NOT BEEN FOR THE SAVING CLAUSE IN SECTION 4 OF THE CITED ACT OF JUNE 4, 1920, PROVIDING THAT PERMANENT WARRANT OR PERMANENT COMMISSIONED WARRANT OFFICERS APPOINTED THEREUNDER OR UNDER THE PRECEDING SECTION AND THEREAFTER FAILING PROFESSIONALLY ON EXAMINATION FOR PROMOTION SHOULD "REVERT TO SUCH WARRANT OR PERMANENT COMMISSIONED WARRANT STATUS," CHIEF GUNNER PARMENTER WOULD HAVE BEEN DROPPED FROM THE SERVICE UPON HIS FAILURE TO QUALIFY PROFESSIONALLY FOR PROMOTION TO THE PERMANENT OFFICE OF LIEUTENANT, JUNIOR GRADE, IN 1923.

IT SEEMS CLEAR THE USE OF THE WORD "REVERT" IN THE SAVING CLAUSE IN SECTION 4 OF THE CITED ACT OF JUNE 4, 1920, DID NOT CONTEMPLATE THAT AN OFFICER APPOINTED TO PERMANENT COMMISSIONED OFFICE UNDER THE STATUTE SHOULD SERVE CONCURRENTLY IN A PERMANENT WARRANT OR COMMISSIONED WARRANT STATUS BUT MERELY WAS DESIGNED TO AVOID THE SUMMARY DISMISSAL OF OLD SERVICE MEN WHO MIGHT BE UNABLE TO MEET THE PROFESSIONAL REQUIREMENTS FOR PROMOTION IN THE LINE OFFICES AND TO PERMIT RATHER, IF THEY DID SO FAIL TO MEET PROFESSIONAL REQUIREMENTS, THEIR TAKING UP THE STATUS THEY WERE IN AT THE TIME OF ACCEPTING APPOINTMENT UNDER THE CITED ACT OF JUNE 4, 1920.

CHIEF GUNNER PARMENTER, THEREFORE, IN EFFECT WAS "DROPPED FROM THE SERVICE" AS A COMMISSIONED OFFICER (ENSIGN) AUGUST 13, 1923, BY REASON OF HIS FAILURE TO QUALIFY PROFESSIONALLY FOR PROMOTION AND WAS TAKEN UP AS A WARRANT OFFICER, AND BUT FOR THE FACT HE THEN WAS ELIGIBLE FROM JULY 2, 1923, AND WAS FOUND QUALIFIED TO TAKE RANK AS A COMMISSIONED WARRANT OFFICER (CHIEF GUNNER), HIS CONTINUOUS STATUS AS A COMMISSIONED OFFICER WOULD HAVE BEEN BROKEN AND HIS SERVICE FOR PAY PURPOSES NECESSARILY WOULD BE FOR COMPUTATION ON THE SAME BASIS AS THE SERVICE OF OTHER WARRANT OFFICERS PROMOTED TO COMMISSIONED WARRANT GRADE AFTER JUNE 30, 1922; THAT IS, NO SERVICE MIGHT BE COUNTED "EXCEPT ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT AND COMMISSIONED SERVICE

THE FACT, HOWEVER, THAT CHIEF GUNNER PARMENTER WAS ELIGIBLE FOR THE GRADE OF CHIEF GUNNER AND ESTABLISHED HIS QUALIFICATIONS THEREFOR AS OF JULY 2, 1923, CONSTITUTES HIS ENTIRE SERVICE BY OPERATION OF LAW ON AND AFTER JUNE 30, 1922, ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT (7 COMP. GEN. 746, AND THE AUTHORITIES THEREIN CITED), AND, THEREFORE, IN THE COMPUTATION OF HIS SERVICE FOR PAY PURPOSES, THERE IS AUTHORIZED TO BE INCLUDED IN THE COMPUTATION ALL SERVICE WHICH ON JUNE 30, 1922, MIGHT BE COUNTED IN COMPUTING LONGEVITY PAY.

THE DISALLOWANCE IN LIEUTENANT SHAFFER'S DISBURSING ACCOUNT WILL BE MODIFIED ACCORDINGLY IN A SUBSEQUENT SETTLEMENT.