A-28348, SEPTEMBER 5, 1929, 9 COMP. GEN. 104

A-28348: Sep 5, 1929

Additional Materials:

Contact:

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

 

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

IS ENTITLED TO LONGEVITY SERVICE CREDIT FOR THE PERIOD JANUARY 29. IT APPEARS THAT SCHUCK'S ACCOUNT WAS TAKEN UP AND CREDITED WITH PAY AS AFTER 16 YEARS' LONGEVITY SERVICE FROM FEBRUARY 15. SCHUCK WAS ADVISED THAT HE COMPLETED 12 YEARS' SERVICE ON AUGUST 12. THE BUREAU OF SUPPLIES AND ACCOUNTS WAS ADVISED BY THIS OFFICE THAT ACCORDING TO THE RECORD SCHUCK WOULD COMPLETE 16 YEARS' SERVICE ON AUGUST 18. IF NO TIME IS LOST TO THAT DATE IN THE ENLISTMENT ENTERED INTO ON JANUARY 15. SCHUCK HAD 15 YEARS 4 MONTHS AND 26 DAYS' LONGEVITY CREDIT AND THEREFORE IS NOT ENTITLED TO PAY AS FOR 16 YEARS' LONGEVITY IN THE ENLISTMENT OF JANUARY 15. IN CASE NO TIME WAS LOST. IT IS SUGGESTED IN THE PAYMASTER GENERAL'S LETTER THAN IN COMPUTING SCHUCK'S LONGEVITY SERVICE OMIT THE PERIOD OF NONPERFORMANCE OF DUTY WHILE IN PRISON.

A-28348, SEPTEMBER 5, 1929, 9 COMP. GEN. 104

PAY - LONGEVITY - NAVY ENLISTED MEN IN THE COMPUTATION OF LONGEVITY CREDIT OF ENLISTED MEN OF THE NAVY, WHERE THE NAVAL RECORDS SHOW PERIODS OF IMPRISONMENT PURSUANT TO COURT MARTIAL SENTENCES, SUCH PERIODS SHOULD NOT BE COUNTED AS SERVICE IN COMPUTING PAY ON AND AFTER JANUARY 1, 1924.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 5, 1929:

BY YOUR DIRECTION IN FIRST INDORSEMENT, AUGUST 13, 1929, THERE HAS BEEN BEEN RECEIVED LETTER OF THE PAYMASTER GENERAL, NAVY DEPARTMENT, REQUESTING DECISION WHETHER WAYNE SCHUCK, B. M., SECOND CLASS, UNITED STATED NAVY, IS ENTITLED TO LONGEVITY SERVICE CREDIT FOR THE PERIOD JANUARY 29, 1913, TO APRIL 24, 1914, INCLUSIVE, WHILE CONFINED IN PRISON PURSUANT TO COURT- MARTIAL SENTENCE APPROVED JANUARY 29, 1913.

IT APPEARS THAT SCHUCK'S ACCOUNT WAS TAKEN UP AND CREDITED WITH PAY AS AFTER 16 YEARS' LONGEVITY SERVICE FROM FEBRUARY 15, 1929; THAT HE FILED A CLAIM WITH THE GENERAL ACCOUNTING OFFICE FOR LONGEVITY CREDIT AS FOR OVER 16 YEARS' SERVICE FROM APRIL 13, 1928, TO JANUARY 9, 1929, AND THAT UPON SETTLEMENT OF THAT CLAIM JULY 23, 1929, SCHUCK WAS ADVISED THAT HE COMPLETED 12 YEARS' SERVICE ON AUGUST 12, 1925, AND THEREFOR HAD NOT COMPLETED 16 YEARS ON JANUARY 9, 1929. THE BUREAU OF SUPPLIES AND ACCOUNTS WAS ADVISED BY THIS OFFICE THAT ACCORDING TO THE RECORD SCHUCK WOULD COMPLETE 16 YEARS' SERVICE ON AUGUST 18, 1929, IF NO TIME IS LOST TO THAT DATE IN THE ENLISTMENT ENTERED INTO ON JANUARY 15, 1929.

SCHUCK'S SERVICE RECORD AS SUBMITTED BY THE BUREAU OF NAVIGATION ON MARCH 19, 1929, SHOWS SERVICE AS FOLLOWS:

ENLISTED DECEMBER 27, 1911; DISCHARGED DECEMBER 21, 1915; ABSENT WITHOUT LEAVE AUGUST 18 TO DECEMBER 2, 1912, AND ON JULY 17, 1914, 3 MONTHS AND 16 DAYS; IN PRISON PURSUANT TO COURT-MARTIAL SENTENCE FROM JANUARY 29, 1913, TO APRIL 24, 1914, INCLUSIVE 1 YEAR 2 MONTHS 27 DAYS. NET LONGEVITY SERVICE FOR THIS ENLISTMENT 2 YEARS 5 MONTHS AND 12 DAYS.

REENLISTED DECEMBER 23, 1915; DISCHARGED JANUARY 8, 1921; ABSENT FROM DUTY BY REASON OF SICKNESS DUE TO OWN MISCONDUCT JUNE 13 TO 29, 1917, 17 DAYS; FROM SEPTEMBER 15 TO 24, 1919, 10 DAYS; AND FROM OCTOBER 2 TO 5, 1914, 4 DAYS; A TOTAL ABSENCE OF 31 DAYS. NET LONGEVITY FOR THE ENLISTMENT 4 YEARS 11 MONTHS AND 14 DAYS.

REENLISTED JANUARY 10, 1921, AND DISCHARGED JANUARY 9, 1925. NO TIME LOST. NET LONGEVITY SERVICE IN THIS ENLISTMENT 4 YEARS.

REENLISTED JANUARY 10, 1925, AND DISCHARGED JANUARY 9, 1929. NO TIME LOST. NET LONGEVITY SERVICE 4 YEARS.

IT THUS APPEARS THAT UPON DISCHARGE JANUARY 9, 1929, SCHUCK HAD 15 YEARS 4 MONTHS AND 26 DAYS' LONGEVITY CREDIT AND THEREFORE IS NOT ENTITLED TO PAY AS FOR 16 YEARS' LONGEVITY IN THE ENLISTMENT OF JANUARY 15, 1919, UNTIL HE SERVES ADDITIONAL 7 MONTHS AND 4 DAYS. IN CASE NO TIME WAS LOST, HE COMPLETED 16 YEARS' SERVICE ON AUGUST 18, 1929.

IT IS SUGGESTED IN THE PAYMASTER GENERAL'S LETTER THAN IN COMPUTING SCHUCK'S LONGEVITY SERVICE OMIT THE PERIOD OF NONPERFORMANCE OF DUTY WHILE IN PRISON, JANUARY 29, 1913, TO APRIL 24, 1914, SHOULD NOT BE DEDUCTED, CITING AS AUTHORITY DECISION OF THE COMPTROLLER GENERAL, DECEMBER 26, 1923, D. M. 452, AND STATEMENT THEREIN AS FOLLOWS:

IT IS UNDERSTOOD THAT THE RECORDS OF THE NAVY DEPARTMENT HAVE NOT HERETOFORE SHOWN PERIODS OF ,NONPERFORMANCE OF DUTY BECAUSE IMPRISONED BOTH WHILE IN ARREST RESULTING IN COURT-MARTIAL SENTENCE AND WHILE SERVING SUCH SENTENCE" OTHER THAN TO THE EXTENT THAT MEN WERE CONFINED IN NAVAL PRISONS, AND IN CONSEQUENCE THIS DATA CAN NOT BE FURNISHED FOR AUDITING PURPOSES FOR PERIODS PRIOR TO JANUARY 1, 1924.

IN THE COMPUTATION OF FOUR-YEAR PERIODS OF ENLISTED SERVICE FOR INCREASED PAY OF ENLISTED MEN UNDER SECTION 10 OF THE ACT OF JUNE 1O, 1922, COMPLETED PRIOR TO JANUARY 1, 1924, ADJUSTMENT NEED NOT BE MADE BECAUSE OF ANY TIME THAT HAS BEEN DEDUCTED ON ACCOUNT OF NONPERFORMANCE OF DUTY BECAUSE IMPRISONED BOTH WHILE IN ARREST RESULTING IN COURT MARTIAL SENTENCE AND WHILE SERVING SAID SENTENCE.

THAT STATEMENT WAS MADE AS A GUIDE TO THE AUDIT OF ACCOUNTS IN THIS OFFICE AND WAS APPLICABLE, AS INDICATED THEREIN, ONLY IN A CASE WHERE THE NAVY DEPARTMENT RECORDS PRIOR TO JANUARY 1, 1924, FAILED TO SHOW PERIODS OF IMPRISONMENT. IT WAS NOT INTENDED IN SAID INSTRUCTIONS TO AUTHORIZE COUNTING AS SERVICE PERIODS OF IMPRISONMENT PRIOR TO JANUARY 1, 1924, IN THE COMPUTATION OF PAY ON AND SUBSEQUENT TO JANUARY 1, 1924. SEE DECISION A-7685, FEBRUARY 24, 1925, WHERE WITH REFERENCE TO THE DECISION D. M. 452, DECEMBER 26, 1923, IT WAS STATED:

* * * WHATEVER WAS THERE SAID, IN SO FAR AS PAYMENTS SUBSEQUENT TO JANUARY 1, 1924, WERE CONCERNED, HAD RELATION TO CASES IN WHICH THE RECORDS WERE INCOMPLETE, AND COULD HAVE NO APPLICATION TO CASES WHERE THE RECORDS OF THE DEPARTMENT AS FURNISHED CONTAIN THE INFORMATION NECESSARY TO CORRECT COMPUTATION OF THE SERVICE. * * *

IN ANY CASE SUCH AS THIS, WHERE THE NAVAL RECORD SHOWS PERIODS OF IMPRISONMENT PURSUANT TO COURT-MARTIAL SENTENCES PRIOR TO JANUARY 1, 1924, SUCH PERIODS MAY NOT BE COUNTED AS SERVICE FOR LONGEVITY PURPOSES IN COMPUTING PAY ON AND AFTER JANUARY 1, 1924.