A-26094, APRIL 12, 1929, 8 COMP. GEN. 539

A-26094: Apr 12, 1929

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THERE ARE NO LONGER SEPARATE RATES OF PAY OF WARRANT OFFICERS FOR SEA AND SHORE DUTY. WARRANT OFFICERS ABSENT WITHOUT LEAVE (NOT EXCUSED AS UNAVOIDABLE) ARE NOT ENTITLED TO ANY PAY. WARRANT OFFICERS ARE ENTITLED TO FULL PAY. FOR AUTHORIZED LEAVE IN EXCESS OF 30 DAYS TO THE YEAR THEY ARE ENTITLED TO HALF PAY IF THE PRESIDENT SHALL SO DIRECT WITH RESPECT TO INDIVIDUAL OFFICERS. ARE IN CONFORMITY WITH THE LAW. THE PROPOSED CHANGES ARE BASED ON SECTIONS 1 TO 4 OF THE ACT OF FEBRUARY 16. IS HEREBY FURTHER AMENDED BY STRIKING OUT IN PARAGRAPH 12 OF SECTION 1 OF SAID ACT THE FOLLOWING CLAUSE. THAT SECTION 7 OF SAID ACT IS HEREBY AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD. THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5.

A-26094, APRIL 12, 1929, 8 COMP. GEN. 539

PAY - COMMISSIONED WARRANT OFFICERS AND WARRANT OFFICERS - NAVY UNDER THE ACT OF FEBRUARY 16, 1929 (45 STAT. 1186), AMENDING PARAGRAPH 12 OF SECTION 1 OF THE ACT OF JUNE 10, 1922 (42 STAT. 627), THE LIMIT OF TOTAL PAY AND ALLOWANCES PER ANNUM FIXED BY THE ACT MUST BE SO PRORATED DURING FRACTIONAL PORTIONS OF THE YEAR THAT THE LIMIT FIXED SHALL NOT BE EXCEEDED. UNDER THE ACT OF FEBRUARY 16, 1929 (45 STAT. 1186), AMENDING SECTION 10 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630), THERE ARE NO LONGER SEPARATE RATES OF PAY OF WARRANT OFFICERS FOR SEA AND SHORE DUTY. WARRANT OFFICERS ABSENT WITHOUT LEAVE (NOT EXCUSED AS UNAVOIDABLE) ARE NOT ENTITLED TO ANY PAY; FOR AUTHORIZED LEAVE NOT IN EXCESS OF 30 DAYS TO THE YEAR CUMULATIVE FOR FOUR YEARS, WARRANT OFFICERS ARE ENTITLED TO FULL PAY; AND FOR AUTHORIZED LEAVE IN EXCESS OF 30 DAYS TO THE YEAR THEY ARE ENTITLED TO HALF PAY IF THE PRESIDENT SHALL SO DIRECT WITH RESPECT TO INDIVIDUAL OFFICERS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 12, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 25, 1929, REQUESTING DECISION WHETHER PROPOSED CHANGES IN SECTIONS A AND B OF "PAY BILL INSTRUCTIONS," IN SO FAR AS THEY INVOLVE DISBURSEMENTS, ARE IN CONFORMITY WITH THE LAW.

THE PROPOSED CHANGES ARE BASED ON SECTIONS 1 TO 4 OF THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, AMENDING CERTAIN SECTIONS OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, RELATING TO PAY AND ALLOWANCES OF CHIEF WARRANT OFFICERS AND WARRANT OFFICERS, AS FOLLOWS:

THAT THE ACT ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED JUNE 10, 1922, AS AMENDED, IS HEREBY FURTHER AMENDED BY STRIKING OUT IN PARAGRAPH 12 OF SECTION 1 OF SAID ACT THE FOLLOWING CLAUSE, LINES 12, 13, 14 AND 15 OF SAID PARAGRAPH, VOLUME 42, STATUTES AT LARGE, PAGE 627,"COMMISSIONED WARRANT OFFICERS ON THE ACTIVE LIST WITH CREDITABLE RECORDS SHALL, AFTER SIX YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE SECOND PERIOD, AND AFTER TWELVE YEARS' COMMISSIONED SERVICE, RECEIVE THE PAY OF THE THIRD RIOD," AND INSERTING IN LIEU THEREOF THE FOLLOWING:

"COMMISSIONED WARRANT OFFICERS WITH CREDITABLE RECORDS ON THE ACTIVE LIST SHALL RECEIVE PAY AS FOLLOWS: DURING THE FIRST TEN YEARS OF COMMISSIONED SERVICE, THE PAY OF THE SECOND PERIOD; AFTER TEN YEARS OF COMMISSIONED SERVICE, THE PAY OF THE THIRD PERIOD; AFTER TWENTY YEARS OF COMMISSIONED SERVICE, THE PAY OF THE FOURTH PERIOD.'

SEC. 2. THAT SECTION 7 OF SAID ACT IS HEREBY AMENDED BY SUBSTITUTING A COLON FOR THE PERIOD, VOLUME 42, STATUTES AT LARGE, PAGE 629, LINE 4, AND ADDING THE FOLLOWING PROVISO AT THE END OF SAID PARAGRAPH:

"PROVIDED FURTHER, THAT WHEN THE TOTAL BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED IN THIS ACT FOR ANY COMMISSIONED WARRANT OFFICER SHALL EXCEED $5,000 A YEAR, THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000, AND THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER RECEIVING THE PAY AND ALLOWANCES OF THE SECOND PAY PERIOD SHALL NOT EXCEED $3,158 A YEAR FOR THE FIRST THREE YEARS OF COMMISSIONED SERVICE, $3,258 A YEAR FOR THE NEXT THREE YEARS OF COMMISSIONED SERVICE, $3,358 A YEAR FOR THE NEXT THREE YEARS, AND $3,458 A YEAR FOR FROM NINE TO TEN YEARS' COMMISSIONED SERVICE.'

SEC. 3. THAT SECTION 10 OF SAID ACT IS HEREBY AMENDED BY STRIKING OUT IN PARAGRAPH 1, LINES 1, 2, 3, 4, AND 5 OF SAID PARAGRAPH, VOLUME 42, STATUTES AT LARGE, PAGE 630, THE FOLLOWING:

"THAT ON AND AFTER JULY 1, 1922, THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY AND COAST GUARD SHALL BE AS FOLLOWS: DURING THE FIRST SIX YEARS OF SERVICE AT SEA, $153; ON SHORE $135; DURING THE SECOND SIX YEARS OF SERVICE AT SEA, $168; ON SHORE, $147; AFTER TWELVE YEARS' SERVICE AT SEA, $189; ON SHORE, $168," AND INSERTING IN LIEU THEREOF THE FOLLOWING:

"THAT HEREAFTER THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY AND COAST GUARD SHALL BE AS FOLLOWS: DURING THE FIRST SIX YEARS OF SERVICE, $153; DURING THE SECOND SIX YEARS OF SERVICE, $168; AFTER TWELVE YEARS' SERVICE, $189.'

SEC. 4. THAT NOTHING CONTAINED HEREIN SHALL BE CONSTRUED SO AS TO REDUCE THE PAY, ALLOWANCES, EMOLUMENTS, OR OTHER BENEFITS, INCLUDING THE BENEFITS OF THE ACT OF JUNE 10, 1926, FORTY-FOURTH STATUTES AT LARGE, PAGE 725, THAT ANY PERSON NOW IN THE SERVICE IS RECEIVING AT THE DATE OF THE PASSAGE OF THIS ACT.

THE PROPOSED CHANGES IN SECTIONS A AND B OF THE PAY BILL INSTRUCTIONS ARE AS FOLLOWS:

PAGE A2, PARAGRAPH 2, SUBPARAGRAPH (E/--- IN THE LAST SENTENCE OF THE FIRST PORTION OF THIS SUBPARAGRAPH CHANGE THE WORDS "OR BY SECTION 10 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630)" TO READ AS FOLLOWS:

"OR BY SECTION 10 OF THE ACT OF JUNE 10, 1922 (42 STAT. 630) AS AMENDED BY THE ACT OF FEBRUARY 16, 1929.'

PAGE A2, PARAGRAPH 2, ADD THE FOLLOWING SUBPARAGRAPH (F):

"THE ACT OF FEBRUARY 16, 1929 AMENDS SECTION 1 OF THE ACT OF JUNE 10, 1922, BY PRESCRIBING NEW RATES OF PAY FOR COMMISSIONED WARRANT OFFICERS ON AND AFTER FEBRUARY 16, 1929. TABLES II-B AND II-C GIVE EFFECT TO THIS ACT.'

PAGE A2, PARAGRAPH 2, ADD THE FOLLOWING SUBPARAGRAPH (G):

"THE ACT OF FEBRUARY 16, 1919 ALSO AMENDS SECTION 7 OF THE ACT OF JUNE 10, 1922 BY PLACING LIMITATIONS ON THE PAY OF CHIEF WARRANT OFFICERS DRAWING PAY UNDER THE AMENDED ACT AS FOLLOWS: WHEN THE TOTAL BASE PAY, PAY FOR LENGTH OF SERVICE AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED BY THE ACT OF FEBRUARY 16, 1929, FOR ANY COMMISSIONED WARRANT OFFICER SHALL EXCEED $5,000 A YEAR, THE AMOUNT OF RENTAL ALLOWANCE SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000; THE PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER RECEIVING THE PAY AND ALLOWANCES OF THE SECOND PAY PERIOD SHALL NOT EXCEED $3,158 A YEAR FOR THE FIRST THREE YEARS OF COMMISSIONED SERVICE, $3,258 A YEAR FOR THE NEXT THREE YEARS OF COMMISSIONED SERVICE, $3,358 A YEAR FOR THE NEXT THREE YEARS, AND $3,458 A YEAR FOR FROM NINE TO TEN YEARS' COMMISSIONED SERVICE.'

PAGE A2, PARAGRAPH 2, ADD NEW SUBPARAGRAPH (H) AS FOLLOWS:

"PARTICULAR ATTENTION IS INVITED TO THE FACT THAT UNDER THE ACT OF FEBRUARY 16, 1929, COMMISSIONED WARRANT OFFICERS WITH CREDITABLE RECORDS ARE ENTITLED TO THE PAY OF THE SECOND PAY PERIOD (WITH LIMITATIONS SET FORTH IN SUBPARAGRAPH (G) ( DURING THE FIRST TEN YEARS'OF COMMISSIONED SERVICE. CHIEF WARRANT OFFICERS WITH LESS THAN TEN YEARS' COMMISSIONED SERVICE MAY NOT BE CREDITED WITH THE PAY PRESCRIBED IN THIS ACT UNTIL A CERTIFICATE OF CREDITABLE RECORD HAS BEEN ISSUED BY THE BUREAU OF NAVIGATION. A CERTIFIED COPY OF SUCH CERTIFICATE MUST BE FILED WITH THE RETURNS IN WHICH SUCH CREDIT IS FIRST MADE. ALL COMMISSIONED WARRANT OFFICERS ARE ENTITLED TO CONTINUE TO RECEIVE THE BASE PAY PLUS LONGEVITY THEY WERE RECEIVING ON FEBRUARY 15, 1929, IF IT IS GREATER THAN THE PAY FOR RANK AND LENGTH OF SERVICE UNDER THE ACT OF FEBRUARY 16, 1929. THE LIMITATIONS SET FORTH IN SUBPARAGRAPH (G) DO NOT APPLY TO OFFICERS WHO ARE ENTITLED TO THE PAY SAVED TO THEM UNDER THIS PROVISION OR TO THOSE ENTITLED TO THE PAY OF A WARRANT OFFICER AS SET FORTH IN PARAGRAPH 2 (E) OF SECTION A.'

PAGE A9, CHANGE THE TITLE OF TABLE II TO READ AS FOLLOWS:

"TABLE II.--- PAY AND ALLOWANCES OF CHIEF WARRANT OFFICERS UNDER THE ACT OF JUNE 10, 1922. * "

ADD THE FOLLOWING FOOT NOTE TO THIS TABLE:

" * SEE TABLES II-B AND II-C FOR RATE ON AND AFTER FEBRUARY 16, 1929, AND NOTES THEREON AS TO SAVING CLAUSE.'

PAGE B1, STRIKE OUT SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH 1 AND SUBSTITUTE THE FOLLOWING:

"1 (A) TABLES III AND III-A HEADED "PAY AND ALLOWANCES OF WARRANT OFFICERS" GIVE EFFECT TO SECTION 10 AND 11 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF FEBRUARY 16, 1929.'

"/B) ON AND AFTER FEBRUARY 16, 1929, THERE ARE NO LONGER SEPARATE RATES OF PAY OF WARRANT OFFICERS FOR SEA AND SHORE DUTY. HEREAFTER, FOR AUTHORIZED LEAVE NOT IN EXCESS OF 30 DAYS TO THE YEAR, CUMULATIVE FOR FOUR YEARS, WARRANT OFFICERS ARE ENTITLED TO FULL PAY, AND FOR AUTHORIZED LEAVE IN EXCESS OF 30 DAYS TO THE YEAR ONE-HALF PAY. WARRANT OFFICERS ABSENT WITHOUT LEAVE (NOT EXCUSED AS UNAVOIDABLE) ARE NOT ENTITLED TO ANY PAY. SEE ACT AUGUST 29, 1916, 39 STAT. 578; SECTION 1265, REVISED STATUTES; ACT JULY 29, 1876, 19 STAT. 102.'

PAGE B2, TABLE III AND III-A STRIKE OUT RATES OF PAY "ON SHORE" IN BOTH TABLES, ALSO STRIKE OUT THE WORDS "AT SEA" APPEARING IN BOTH TABLES.

PAGE G3, PARAGRAPH 2 (A) DELETE LAST SENTENCE AND SUBSTITUTE THE FOLLOWING:

"FOR EXAMPLE A WARRANT OFFICER WITH EIGHT YEARS' SERVICE IS ENTITLED, WHEN ACTIVE DUTY ASHORE, TO PAY AT THE RATE OF $168 PER MONTH. (COMP. DEC. JUNE 2, 1925.)"

THE AMENDMENT TO SECTION 7 OF THE ACT OF JUNE 10, 1922, PROVIDES THAT WHEN THE TOTAL BASE PAY, PAY FOR LENGTH OF SERVICE, AND ALLOWANCES FOR SUBSISTENCE AND RENTAL OF QUARTERS AUTHORIZED FOR ANY COMMISSIONED WARRANT OFFICER, SHALL EXCEED $5,000 A YEAR "THE AMOUNT OF THE ALLOWANCES TO WHICH SUCH OFFICER IS ENTITLED SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000.' SINCE THE MAXIMUM BASE PAY PLUS PAY FOR LENGTH OF SERVICE OF A CHIEF WARRANT OFFICER AFTER 20 YEARS' COMMISSIONED SERVICE IS $4,500 A YEAR, AND THE MAXIMUM SUBSISTENCE ALLOWANCE FOR SUCH OFFICER IS $657 A YEAR (TABLE II-B), THE TOTAL OF THESE TWO IS $5,157 OR $157 IN EXCESS OF $5,000. THEREFORE, THAT PART OF LINES 6 AND 7 OF SUBPARAGRAPH (G), PARAGRAPH 2, PAGE A2 OF THE PROPOSED INSTRUCTIONS READING AS FOLLOWS: "* * * THE AMOUNT OF RENTAL ALLOWANCE SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000," SHOULD BE CHANGED TO READ AS FOLLOWS: "* * * THE AMOUNT OF THE ALLOWANCES SHALL BE REDUCED BY THE AMOUNT ABOVE $5,000.'

THE LAST TWO SENTENCES OF THE PROPOSED NEW SUBPARAGRAPH (H) COMMENCING "ALL COMMISSIONED WARRANT OFFICERS, ETC., " DO NOT CORRECTLY STATE THE EFFECT OF SECTION 4 OF THE ACT OF FEBRUARY 16, 1929, AND SHOULD BE ELIMINATED; IN LIEU THEREOF A SENTENCE SHOULD BE ADDED TO SUBPARAGRAPH (G) AS FOLLOWS:

THESE LIMITATIONS, HOWEVER, ARE SUBJECT TO THE QUALIFICATION PRESCRIBED IN SECTION 4 THAT NOTHING IN THE ACT SHALL BE CONSTRUED SO AS TO REDUCE THE PAY, ALLOWANCES, EMOLUMENTS, OR OTHER BENEFITS, THAT ANY PERSON IN THE SERVICE ON FEBRUARY 16, 1929, THEN WAS ENTITLED TO RECEIVE UNDER PREEXISTING LAW.

THE PROPOSED NEW SUBPARAGRAPH (B) OF PARAGRAPH 1, PAGE B1, SHOULD BE MODIFIED TO SHOW THE EFFECT OF THE ACT OF FEBRUARY 11, 1925, 43 STAT. 879, AS FOLLOWS:

(B) ON AND AFTER FEBRUARY 16, 1929, THERE ARE NO LONGER SEPARATE RATES OF PAY OF WARRANT OFFICERS FOR SEA AND SHORE DUTY. WARRANT OFFICERS ABSENT WITHOUT LEAVE (NOT EXCUSED AS UNAVOIDABLE) ARE NOT ENTITLED TO ANY PAY; FOR AUTHORIZED LEAVE NOT IN EXCESS OF 30 DAYS TO THE YEAR, CUMULATIVE FOR FOUR YEARS, WARRANT OFFICERS ARE ENTITLED TO FULL PAY; AND, FOR AUTHORIZED LEAVE IN EXCESS OF 30 DAYS TO THE YEAR ARE ENTITLED TO ONE-HALF PAY IF THE PRESIDENT SHALL SO DIRECT WITH RESPECT TO INDIVIDUAL OFFICERS. SEE ACT AUGUST 29, 1916, 39 STAT. 578; SECTION 1265, REVISED STATUTES; ACT JULY 29, 1876, 19 STAT. 102; ACT FEBRUARY 11, 1925, 43 STAT. 879; 7 COMP. GEN. 94; COMP. GEN. DECISION A-26214, MARCH 9, 1929.

THE PROPOSED CHANGE FOR PAGE B2, TABLES III AND III-A, SHOULD BE MODIFIED TO READ,"STRIKE OUT RATES OF PAY "ON SHORE" IN BOTH TABLES; ALSO, STRIKE OUT THE WORDS "AT SEA" AND "ON SHORE" APPEARING IN BOTH TABLES.'

THE PROPOSED SUBSTITUTE SENTENCE FOR PAGE G3, PARAGRAPH 2 (A), SHOULD BE MODIFIED TO READ,"FOR EXAMPLE, A WARRANT OFFICER WITH EIGHT YEARS' SERVICE IS ENTITLED, WHEN ON ACTIVE DUTY EITHER AT SEA OR ON SHORE, TO PAY AT THE RATE OF $168 PER MONTH.'

THE MAXIMUMS FIXED BY THE LAW ARE ANNUAL MAXIMUMS COMPOSED OF THREE ELEMENTS, TWO OF WHICH ARE COMPUTED UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 763, DIVIDED INTO 360 DAILY PARTS, AND THE OTHER ELEMENT, SUBSISTENCE ALLOWANCE, COMPUTED ON THE BASIS OF THE ACTUAL NUMBER OF DAYS IN A MONTH. IN THE PAST IN MAXIMUMS SUCH AS THIS A DAILY MAXIMUM HAS BEEN PRESCRIBED TO COVER THE DIFFERENT SITUATIONS OF THE OFFICER WITH RESPECT TO RENTAL ALLOWANCES DURING THE YEAR. TO APPLY THAT BASIS IN THIS CASE WOULD NOT, HOWEVER, SECURE TO THE OFFICER THE MAXIMUM PERMITTED OR AUTHORIZED BY LAW.

THE LIMITATIONS PRESCRIBED AT THE RATE OF $3,158, $3,258, $3,358, AND $3,458 FOR THE FIRST, SECOND, AND THIRD THREE YEARS AND FOR THE TENTH YEAR OF COMMISSIONED SERVICE, RESPECTIVELY, ARE THE EQUIVALENT OF THE BASE PAY AND MAXIMUM ALLOWANCES OF THE SECOND PERIOD DURING A 365 DAY YEAR, INCREASED BY $100 PER YEAR FOR EACH COMPLETE THREE YEARS OF COMMISSIONED SERVICE; THE CORRECT METHOD FOR DETERMINING THE LIMITATION FOR ANY PARTICULAR PERIOD, THEREFORE, IS ON A PRO RATA BASIS, DISREGARDING THE 29TH DAY OF FEBRUARY IN LEAP YEARS. THUS, THE TOTAL PAY AND ALLOWANCES OF A COMMISSIONED WARRANT OFFICER DURING THIS FIRST THREE YEARS OF COMMISSIONED SERVICE MAY NOT EXCEED $260.26 FOR A 28 (OR 29) DAY MONTH, $262.66 FOR A 30 DAY MONTH, OR $263.87 FOR A 31 DAY MONTH; DURING THE SECOND THREE YEARS OF COMMISSIONED SERVICE MAY NOT EXCEED $268.60 FOR A 28 (OR 29) DAY MONTH, $271 FOR A 30 DAY MONTH, OR $272.20 FOR A 31 DAY MONTH, ETC. WHERE THE PAY AND ALLOWANCES OTHERWISE PAYABLE ARE IN EXCESS OF THE PRESCRIBED MAXIMUM, CORRESPONDING PRO RATA REDUCTIONS MUST BE MADE IN ONE OR BOTH OF THE RENTAL AND SUBSISTENCE ALLOWANCES DEPENDING UPON THE AUTHORIZED BASE AND LENGTH OF SERVICE PAY IN AN INDIVIDUAL CASE.

THE NOTES NUMBERED 1 AND 2 OF THE PROPOSED TABLE II-B AND TABLE II C, SHOULD BE MODIFIED ACCORDINGLY, SUBSTITUTING THE WORDS "THE ALLOWANCES SHALL BE REDUCED" FOR THE WORDS "THE RENTAL ALLOWANCE SHALL BE REDUCED" WHEREVER THE LATTER ARE USED, AND, IN TABLE II-C, SUBSTITUTING THE MAXIMUM RATES FOR THE MONTHS OF DIFFERENT LENGTH, DETERMINED ON THE BASIS ABOVE SET FORTH, IN THE PLACE OF THE RATES PROPOSED. OTHERWISE THAN AS HEREIN INDICATED, THE PROPOSED INSTRUCTIONS SEEM TO BE IN ACCORD WITH THE LAW. IT IS UNDERSTOOD, HOWEVER, THAT THEY WILL BE SUBJECT TO SUCH INTERPRETATION AS MAY BE REQUIRED IN THE APPLICATION OF THE LAW.