A-25439, JANUARY 14, 1929, 8 COMP. GEN. 359

A-25439: Jan 14, 1929

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RETIREMENT - OFFICERS AND ENLISTED MEN OF COAST GUARD COUNTING SERVICE FOR RETIREMENT OFFICERS AND ENLISTED MEN IN THE PERMANENT COAST GUARD ARE ENTITLED TO COUNT PRIOR SERVICE IN THE COAST GUARD RENDERED UNDER TEMPORARY APPOINTMENTS OR SPECIAL TEMPORARY ENLISTMENTS AUTHORIZED BY THE ACT OF APRIL 21. FROM WHICH ENLISTMENT HE IS HONORABLY DISCHARGED APRIL 30. HE REENLISTS IN THE PERMANENT ESTABLISHMENT AND IS SO SERVING ON APRIL 30. HE ACCEPTS A TEMPORARY WARRANT AND IS MADE A PERMANENT WARRANT OFFICER PRIOR TO APRIL 30. PROVIDING FOR THE RETIREMENT OF OFFICERS OF THE REVENUE CUTTER SERVICE ON ACCOUNT OF AGE AND FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY WERE EXTENDED BY THE SAID ACT OF JANUARY 28.

A-25439, JANUARY 14, 1929, 8 COMP. GEN. 359

RETIREMENT - OFFICERS AND ENLISTED MEN OF COAST GUARD COUNTING SERVICE FOR RETIREMENT OFFICERS AND ENLISTED MEN IN THE PERMANENT COAST GUARD ARE ENTITLED TO COUNT PRIOR SERVICE IN THE COAST GUARD RENDERED UNDER TEMPORARY APPOINTMENTS OR SPECIAL TEMPORARY ENLISTMENTS AUTHORIZED BY THE ACT OF APRIL 21, 1924, 43 STAT. 105, IN COMPUTING SERVICE FOR RETIREMENT UNDER THE ACT OF JANUARY 28, 1915, 38 STAT. 802.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JANUARY 14, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 5, 1928, REQUESTING DECISION OF THE QUESTION AS TO WHETHER PREVIOUS SERVICE RENDERED UNDER A TEMPORARY APPOINTMENT OR UNDER A SPECIAL TEMPORARY ENLISTMENT AUTHORIZED BY THE ACT OF ARPIL 21, 1924, 43 STAT. 105, 106, MAY BE INCLUDED IN COMPUTING SERVICE FOR RETIREMENT OF A COMMISSIONED OFFICER, WARRANT OFFICER, OR ENLISTED MAN OF THE PERMANENT COAST GUARD UNDER THE FOLLOWING PROVISION OF THE ACT OF JANUARY 28, 1915, 38 STAT. 802:

* * * A COMMISSIONED OFFICER, WARRANT OFFICER, OR ENLISTED MAN WHO HAS SERVED THIRTY YEARS, UPON SUITABLE APPLICATION AND AS TO COMMISSIONED OFFICERS UPON APPROVAL BY THE SECRETARY OF THE TREASURY, MAY BE RETIRED FROM ACTIVE SERVICE AND RECEIVE SEVENTY-FIVE PERCENTUM OF THE DUTY PAY, SALARY, AND INCREASE OF HIS GRADE OR RATING.

YOU SUBMIT AS ILLUSTRATIVE OF THE QUESTION THE FOLLOWING EXAMPLES:

"A" ENLISTS FEBRUARY 1, 1895, AND SERVES CONTINUOUSLY UNTIL HONORABLY DISCHARGED JANUARY 31, 1922, HAVING COMPLETED 27 YEARS' SERVICE. ON MAY 1, 1925, HE ENLISTS FOR TWO YEARS IN A SPECIAL TEMPORARY ENLISTMENT AUTHORIZED BY THE ACT OF APRIL 21, 1924, FROM WHICH ENLISTMENT HE IS HONORABLY DISCHARGED APRIL 30, 1927. ON MAY 1, 1927, HE REENLISTS IN THE PERMANENT ESTABLISHMENT AND IS SO SERVING ON APRIL 30, 1928.

"B" ENLISTS FEBRUARY 1, 1895, AND SERVES CONTINUOUSLY UNTIL HONORABLY DISCHARGED JANUARY 31, 1922, HAVING COMPLETED 27 YEARS' SERVICE. ON MAY 1, 1925, HE ACCEPTS A TEMPORARY WARRANT AND IS MADE A PERMANENT WARRANT OFFICER PRIOR TO APRIL 30, 1928.

YOU REQUEST DECISION AS TO WHETHER "A" AND "B" MAY BE RETIRED AS AFTER 30 YEARS' SERVICE UNDER THE FACTS STATED.

IT MAY BE NOTED HERE THAT THE PROVISIONS OF THE ACT OF APRIL 12, 1902, 32 STAT. 100, 101, PROVIDING FOR THE RETIREMENT OF OFFICERS OF THE REVENUE CUTTER SERVICE ON ACCOUNT OF AGE AND FOR PHYSICAL DISABILITY INCURRED IN LINE OF DUTY WERE EXTENDED BY THE SAID ACT OF JANUARY 28, 1915, TO INCLUDE COMMISSIONED OFFICERS, WARRANT OFFICERS, AND ENLISTED MEN OF THE COAST GUARD.

THE SAID ACT OF APRIL 21, 1924, ENTITLED "AN ACT TO AUTHORIZE A TEMPORARY INCREASE OF THE COAST GUARD FOR LAW ENFORCEMENT," BY SECTION 2 (A) AUTHORIZED THE APPOINTMENT OF A NUMBER OF TEMPORARY COMMISSIONED OFFICERS IN THE VARIOUS GRADES, AND BY SECTION 2 (B) PROVIDED THAT SUCH TEMPORARY OFFICERS WHILE IN SERVICE SHALL RECEIVE THE SAME PAY, ALLOWANCES, AND BENEFITS AS PERMANENT COMMISSIONED OFFICERS OF THE COAST GUARD OF CORRESPONDING GRADE AND LENGTH OF SERVICE, EXCEPT THAT NO SUCH OFFICER SHALL BE ENTITLED TO RETIREMENT BECAUSE OF HIS TEMPORARY COMMISSION.

SECTION 3 PROVIDES THAT PERMANENT COMMISSIONED OFFICERS OF THE COAST GUARD MAY BE GIVEN TEMPORARY PROMOTION, AND THAT NOTWITHSTANDING SUCH TEMPORARY PROMOTION, ANY SUCH OFFICER SHALL CONTINUE TO HOLD HIS PERMANENT COMMISSION AND SHALL BE ADVANCED IN LINEAL RANK, PROMOTED, AND RETIRED IN THE SAME MANNER AS THOUGH THIS ACT HAD NOT BECOME LAW.

SECTION 4 (A) PROVIDES THAT ALL ORIGINAL TEMPORARY APPOINTMENTS UNDER THIS ACT SHALL BE MADE IN GRADES NOT ABOVE THAT OF LIEUTENANT. SECTION 4 (B) PROVIDES THAT ANY WARRANT OFFICER OR ENLISTED MAN OF THE PERMANENT COAST GUARD MAY BE GIVEN AN ORIGINAL TEMPORARY APPOINTMENT UNDER THIS ACT, UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, AND WITHOUT REDUCTION IN PAY OR ALLOWANCES, AND THAT NOTWITHSTANDING SUCH TEMPORARY APPOINTMENT, ANY SUCH WARRANT OFFICER OR ENLISTED MAN SHALL BE ENTITLED TO RETIREMENT IN THE SAME MANNER AS THOUGH HE HAD CONTINUED TO HOLD HIS PERMANENT GRADE OR RATING, AND UPON THE TERMINATION OF SUCH TEMPORARY APPOINTMENT SHALL BE ENTITLED TO REVERT TO SUCH GRADE OR RATING, AND THAT SERVICE UNDER SUCH TEMPORARY APPOINTMENT SHALL BE INCLUDED IN DETERMINING LENGTH OF SERVICE AS A WARRANT OFFICER OR ENLISTED MAN.

SECTION 5 (A) AUTHORIZES THE APPOINTMENT OF 25 TEMPORARY CHIEF WARRANT OFFICERS FROM THE PERMANENT LIST OF WARRANT OFFICERS. SECTION 5 (B) PROVIDES THAT ANY SUCH OFFICER SHALL CONTINUE TO HOLD HIS PERMANENT GRADE, AND SHALL BE RETIRED IN THE SAME MANNER AS THOUGH THIS ACT HAD NOT BECOME A LAW.

SECTION 6 (A) AUTHORIZES THE SECRETARY OF THE TREASURY, UNDER SUCH REGULATIONS AS HE MAY PRESCRIBE, TO APPOINT TEMPORARY WARRANT OFFICERS, AND TO MAKE SPECIAL TEMPORARY ENLISTMENTS, IN THE COAST GUARD, AND PROVIDES THAT NO PERSON SHALL BE ENTITLED TO RETIREMENT BECAUSE OF HIS TEMPORARY APPOINTMENT OR ENLISTMENT UNDER THIS SECTION. SECTION 6 (B) PROVIDES THAT ANY ENLISTED MAN IN THE PERMANENT COAST GUARD MAY BE APPOINTED AS A TEMPORARY WARRANT OFFICER; THAT, NOTWITHSTANDING SUCH TEMPORARY APPOINTMENT, ANY SUCH ENLISTED MAN SHALL BE ENTITLED TO RETIREMENT IN THE SAME MANNER AS THOUGH HE HAD CONTINUED TO HOLD HIS PERMANENT RATING; THAT UPON THE TERMINATION OF SUCH TEMPORARY APPOINTMENT HE SHALL BE ENTITLED TO REVERT TO SUCH RATING; AND THAT SERVICE UNDER SUCH TEMPORARY APPOINTMENT SHALL BE INCLUDED IN DETERMINING LENGTH OF SERVICE AS AN ENLISTED MAN. IT WILL BE OBSERVED THAT THE ACT EXPRESSLY PROVIDES THAT NO PERSON BY REASON OF HIS TEMPORARY PROMOTION OR APPOINTMENT SHALL BE ENTITLED TO RETIREMENT, BUT THAT SUCH PERSON IF HE HAS A PERMANENT STATUS IN THE COAST GUARD SHALL CONTINUE TO BE ENTITLED TO RETIREMENT UNDER HIS PERMANENT STATUS. THE RIGHT OF RETIREMENT OF A PERSON HAVING A PERMANENT STATUS IS THEREFORE NOT AFFECTED BY HIS TEMPORARY APPOINTMENT EITHER WHILE SERVING UNDER HIS TEMPORARY APPOINTMENT OR THEREAFTER.

AS TO THOSE PERSONS SERVING UNDER TEMPORARY APPOINTMENTS OR IN SPECIAL TEMPORARY ENLISTMENTS BUT WHO HAVE NO PERMANENT STATUS, THE ACT EXPRESSLY PROVIDES THAT THEY SHALL NOT BE ENTITLED TO RETIREMENT BECAUSE OF THEIR TEMPORARY APPOINTMENT OR SPECIAL TEMPORARY ENLISTMENT. THIS MEANS THAT THEY SHALL NOT HAVE THE RIGHT OF RETIREMENT WHILE SERVING UNDER SUCH TEMPORARY APPOINTMENT OR ENLISTMENT. THE ACT DEALS WITH THE TEMPORARY OFFICER OR ENLISTED MAN AS SUCH AND HAS NO REFERENCE TO HIM UNDER A POSSIBLE PERMANENT STATUS THEREAFTER ACQUIRED.

SO FAR AS SERVICE IS CONCERNED, THERE IS NO DIFFERENCE BETWEEN THAT RENDERED UNDER A TEMPORARY APPOINTMENT OR ENLISTMENT IN THE COAST GUARD AS AUTHORIZED BY THE ACT OF APRIL 21, 1924, AND THAT RENDERED IN A PERMANENT STATUS, AND THERE APPEARS NO REASON WHY A MAN WHO ACQUIRES A PERMANENT STATUS AS AN OFFICER OR ENLISTED MAN IN THE COAST GUARD MAY NOT INCLUDE HIS PRIOR TEMPORARY SERVICE IN THE COAST GUARD IN COMPUTING SERVICE FOR RETIREMENT UNDER THE ACT OF JANUARY 28, 1915. IN THE EXAMPLES SUBMITTED THE TEMPORARY SERVICE OF BOTH "A" AND "B" MAY BE INCLUDED IN COMPUTING THEIR SERVICE FOR RETIREMENT.