A-2948, JULY 26, 1924, 4 COMP. GEN. 114

A-2948: Jul 26, 1924

Additional Materials:

Contact:

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

 

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

ARE ENTITLED TO RETIRED PAY COMPUTED UPON THE PAY OF A WARRANT OFFICER IF HIGHER THAN THAT TO WHICH ENTITLED AS COMMISSIONED WARRANT OFFICER. 1924: THERE IS BEFORE THIS OFFICE THE CLAIM OF JOHN H. * * * PAY PERIODS ARE PRESCRIBED. THE BASE PAY FOR EACH IS FIXED AS FOLLOWS: THE FIRST PERIOD. THE PAY OF THE FIRST PERIOD SHALL BE PAID TO ALL OTHER OFFICERS WHOSE PAY IS PROVIDED FOR IN THIS SECTION. THERE SHALL BE INCLUDED IN THE COMPUTATION ALL SERVICE WHICH IS NOW COUNTED IN COMPUTING LONGEVITY PAY. RETIRED OFFICERS AND WARRANT OFFICERS SHALL HAVE THEIR RETIRED PAY. SECTION 1588 OF THE REVISED STATUTES PROVIDES: THE PAY OF ALL OFFICERS OF THE NAVY WHO HAVE BEEN RETIRED * * * ON ACCOUNT OF INCAPACITY RESULTING FROM LONG AND FAITHFUL SERVICE.

A-2948, JULY 26, 1924, 4 COMP. GEN. 114

NAVY PAY - RETIRED COMMISSIONED WARRANT OFFICERS COMMISSIONED WARRANT OFFICERS ENTITLED TO PAY OF A WARRANT OFFICER BY REASON OF THE "SAVING CLAUSE" IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, RETIRED ON OR AFTER JULY 1, 1922, ARE ENTITLED TO RETIRED PAY COMPUTED UPON THE PAY OF A WARRANT OFFICER IF HIGHER THAN THAT TO WHICH ENTITLED AS COMMISSIONED WARRANT OFFICER.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 26, 1924:

THERE IS BEFORE THIS OFFICE THE CLAIM OF JOHN H. COLE, CHIEF BOATSWAIN, UNITED STATES NAVY (RETIRED), FOR DIFFERENCE IN RETIRED PAY BETWEEN THAT COMPUTED UPON THE PAY OF A CHIEF WARRANT OFFICER AND A WARRANT OFFICER FOR THE PERIOD FEBRUARY 14, 1924, TO MARCH 31, 1924.

THE BUREAU OF NAVIGATION ADVISES THIS OFFICE THAT AFTER ABOUT 13 YEARS OF ENLISTED SERVICE CLAIMANT ACCEPTED APPOINTMENT AS A BOATSWAIN (TEMPORARY) ON JULY 6, 1917; WARRANTED, PERMANENT, ON MAY 8, 1922, TO RANK FROM DECEMBER 19, 1919; TRANSFERRED TO THE RETIRED LIST FROM FEBRUARY 14, 1924, IN ACCORDANCE WITH THE PROVISION OF SECTION 1453 OF THE REVISED STATUTES AND THE ACT OF MARCH 4, 1911, 36 STAT. 1267; AND ON MARCH 28, 1924, COMMISSION ISSUED AS A CHIEF BOATSWAIN ON THE RETIRED LIST TO RANK FROM JULY 2, 1923.

THE ACT OF JUNE 10, 1922, 42 STAT. 625, 632, PROVIDES:

THAT BEGINNING JULY 1, 1922, FOR THE PURPOSE OF COMPUTING THE ANNUAL PAY OF THE COMMISSIONED OFFICERS * * *, OF THE NAVY BELOW THE GRADE OF REAR ADMIRAL, * * * PAY PERIODS ARE PRESCRIBED, AND THE BASE PAY FOR EACH IS FIXED AS FOLLOWS:

THE FIRST PERIOD, $1,500; * * *.

THE PAY OF THE FIRST PERIOD SHALL BE PAID TO ALL OTHER OFFICERS WHOSE PAY IS PROVIDED FOR IN THIS SECTION.

EVERY OFFICER PAID UNDER THE PROVISIONS OF THIS SECTION SHALL RECEIVE AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF HIS PERIOD FOR EACH THREE YEARS OF SERVICE UP TO THIRTY YEARS: * * *.

* * * 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, * * *.

* * * 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 PERIOD: PROVIDED, THAT A COMMISSIONED WARRANT OFFICER PROMOTED FROM THE GRADE OF WARRANT OFFICER SHALL SUFFER NO REDUCTION OF PAY BY REASON OF SUCH PROMOTION. * * *.

SEC. 10. THAT ON AND AFTER JULY 1, 1922, THE MONTHLY BASE PAY OF WARRANT OFFICERS OF THE NAVY * * * SHALL BE AS FOLLOWS: * * * AFTER TWELVE YEARS' SERVICE--- AT SEA, $189; ON SHORE $168. * * *.

SEC. 17. THAT ON AND AFTER JULY 1, 1922, RETIRED OFFICERS AND WARRANT OFFICERS SHALL HAVE THEIR RETIRED PAY, OR EQUIVALENT PAY, COMPUTED AS NOW AUTHORIZED BY LAW ON THE BASIS OF PAY PROVIDED IN THIS ACT: * * *.

SECTION 1588 OF THE REVISED STATUTES PROVIDES:

THE PAY OF ALL OFFICERS OF THE NAVY WHO HAVE BEEN RETIRED * * * ON ACCOUNT OF INCAPACITY RESULTING FROM LONG AND FAITHFUL SERVICE, FROM WOUNDS OR INJURIES RECEIVED IN THE LINE OF DUTY, OR FROM SICKNESS OR EXPOSURE THEREIN, SHALL, WHEN NOT ON ACTIVE DUTY, BE EQUAL TO SEVENTY FIVE PERCENTUM OF THE SEA-PAY PROVIDED BY THIS CHAPTER FOR THE GRADE OR RANK WHICH THEY HELD, RESPECTIVELY, AT THE TIME OF THEIR RETIREMENT.

THE ACT OF MAY 13, 1908, 35 STAT. 127, WHICH CARRIED AN INCREASE OF PAY OVER THAT PROVIDED IN CHAPTER 8 OF THE REVISED STATUTES, PROVIDED:

* * * THE PAY OF ALL COMMISSIONED, WARRANT AND * * * OFFICERS * * * OF THE NAVY NOW ON THE RETIRED LIST SHALL BE BASED ON THE PAY, AS HEREIN PROVIDED FOR, OF COMMISSIONED, WARRANT AND * * * OFFICERS * * * OF CORRESPONDING RANK AND SERVICE ON THE ACTIVE LIST; * * *.

THE ACT OF MARCH 4, 1911, 36 STAT. 1267, PROVIDED:

HEREAFTER, IF ANY OFFICER OF THE UNITED STATES NAVY SHALL FAIL IN HIS PHYSICAL EXAMINATION FOR PROMOTION AND BE FOUND INCAPACITATED FOR SERVICE BY REASON OF PHYSICAL DISABILITY CONTRACTED IN THE LINE OF DUTY, HE SHALL BE RETIRED WITH THE RANK TO WHICH HIS SENIORITY ENTITLED HIM TO BE PROMOTED.

THE PAY ROLL FOR THE PERIOD FEBRUARY 14, 1924, TO MARCH 31, 1924, SHOWS THAT CLAIMANT WAS PAID AT THE RATE OF $93.75 PER MONTH (75 PERCENT OF OF $1,500 PER ANNUM). HE CLAIMS PAY AT $141.75 PER MONTH (75 PERCENT OF $189 PER MONTH).

THE SAVING CLAUSE IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, PRESERVES TO COMMISSIONED WARRANT OFFICERS THE PAY AS A WARRANT OFFICER IF THE RATE THEREFOR BE HIGHER THAN THAT PROVIDED FOR A COMMISSIONED WARRANT OFFICER. 16 MS. COMP. GEN. 869, DECEMBER 19, 1922; 3 COMP. GEN. 142; 25 MS. COMP. GEN. 439, SEPTEMBER 14, 1923.

PRIOR TO THE ACT OF JUNE 10, 1922, IT WAS PROVIDED BY THE ACT OF MARCH 3, 1909, 35 STAT. 771:

* * * AND NO WARRANT OFFICER, HERETOFORE OR HEREAFTER PROMOTED SIX YEARS FROM DATE OF WARRANT, SHALL SUFFER A REDUCTION IN PAY WHICH, BUT FOR SUCH PROMOTION, WOULD HAVE BEEN RECEIVED BY HIM: * * *.

THIS STATUTE WAS UNIFORMLY CONSTRUED TO PROTECT A WARRANT OFFICER FROM REDUCTION IN PAY ON THE RETIRED LIST BY REASON OF PROMOTION TO CHIEF WARRANT OFFICER, 18 COMP. DEC. 78; 55 MS. COMP. DEC. 1036, DECEMBER 6, 1910, CASE OF CHIEF GUNNER WALKER; 70 ID. 879, AUGUST 28, 1914, CASE OF CHIEF MACHINIST FITTON. THE LANGUAGE OF SECTION 1 OF THE 1922 LAW IS SUBSTANTIALLY THE SAME AS THE LANGUAGE QUOTED FROM THE 1909 LAW, AND IT IS EVIDENT THAT THE CONSTRUCTION GIVEN THE 1909 LAW IS THE CONSTRUCTION INTENDED TO BE GIVEN THE 1922 LAW. IN THE CASE OF ALM, 25 MS. COMP. GEN. 439, APRIL 14, 1923, IT WAS SAID:

THE SAVING CLAUSE IN SECTION 1 OF THE ACT OF JUNE 10, 1922, WAS CLEARLY INTENDED TO CONTINUE TO OFFICERS PROMOTED TO CHIEF WARRANT OFFICERS THE BENEFITS WHICH THEY ENJOYED AGAINST REDUCTION IN PAY BY REASON OF SUCH PROMOTION CONFERRED BY THE ACT OF MARCH 3, 1909. SEE 16 MS. COMP. GEN. 869, DECEMBER 19, 1922.

CLAIMANT IS ACCORDINGLY ENTITLED TO RETIRED PAY FROM FEBRUARY 14, 1924, AT 75 PERCENT OF $189 PER MONTH, THE PAY HE WOULD HAVE BEEN ENTITLED TO RECEIVE AS A WARRANT OFFICER HAD HE NOT BEEN PROMOTED TO CHIEF WARRANT OFFICER.