A-31617, AUGUST 13, 1931, 11 COMP. GEN. 70

A-31617: Aug 13, 1931

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ARE. WILL BE BASED ON THE DATE OF COMMISSION AFTER SIX YEARS FROM DATE OF WARRANT. 7 COMP. 1931: THERE IS FOR CONSIDERATION THE CORRECTNESS OF A PAYMENT MADE TO CHIEF ELECTRICIAN HARRY C. RENTAL ALLOWANCE WAS CREDITED AT $54.33 PER MONTH FOR THE ENTIRE PERIOD JULY 1 TO SEPTEMBER 30. THE RECORD OF SERVICE OF WOODWARD AS FURNISHED BY THE NAVY DEPARTMENT IS AS FOLLOWS: IN REPLY TO YOUR LETTER DATED MARCH 17. THERE IS SUBMITTED BELOW A SYNOPSIS OF THE RECORD OF SERVICE OF CHIEF ELECTRICIAN HARRY CAMP FIELD WOODWARD. WAS DISCHARGED AS ENLISTED MAN ON MARCH 23. DAY AFTER RESIGNATION AS GUNNER (T) WAS EFFECTIVE. 1920. WARRANT OFFICERS OF THE NAVY WERE MADE ELIGIBLE FOR APPOINTMENT AS CHIEF WARRANT OFFICERS "AFTER SIX YEARS FROM DATE OF WARRANT.

A-31617, AUGUST 13, 1931, 11 COMP. GEN. 70

PAY - CHIEF WARRANT OFFICER - NAVY WARRANT OFFICERS OF THE NAVAL RESERVE FORCE TRANSFERRED TO AND APPOINTED WARRANT OFFICERS IN THE REGULAR NAVY UNDER SECTION 3 OF THE ACT OF JUNE 4, 1920, 41 STAT. 834, ARE, UNDER THE ACT OF APRIL 27, 1904, 33 STAT. 346, ELIGIBLE FOR APPOINTMENT AS CHIEF WARRANT OFFICER AFTER SIX YEARS FROM DATE OF WARRANT AS LEGALLY AND CORRECTLY FIXED UNDER THE ACT OF JUNE 4, 1920. IF FOUND QUALIFIED AND APPOINTED CHIEF WARRANT OFFICERS AFTER SIX YEARS FROM DATE OF WARRANT, FOR PURPOSES OF PAY THE CONSTRUCTIVE DATE OF THE COMMISSION TO BE ACCORDED UNDER THE ACT OF FEBRUARY 15, 1929, 45 STAT. 1180, WILL BE BASED ON THE DATE OF COMMISSION AFTER SIX YEARS FROM DATE OF WARRANT. 7 COMP. GEN. 36, DISTINGUISHED.

DECISION BY COMPTROLLER GENERAL MCCARL, AUGUST 13, 1931:

THERE IS FOR CONSIDERATION THE CORRECTNESS OF A PAYMENT MADE TO CHIEF ELECTRICIAN HARRY C. WOODWARD, UNITED STATES NAVY, ON THE ROLLS OF THE U. S. S. WHITNEY FOR THE FIRST QUARTER, 1931. RENTAL ALLOWANCE WAS CREDITED AT $54.33 PER MONTH FOR THE ENTIRE PERIOD JULY 1 TO SEPTEMBER 30, 1930. THIS RATE, TOGETHER WITH PAY AT $189 PER MONTH AND SUBSISTENCE ALLOWANCE AT $1.20 PER DAY, AMOUNTS TO THE MAXIMUM ALLOWED UNDER THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, FOR CHIEF WARRANT OFFICERS WITH MORE THAN SIX AND LESS THAN NINE YEARS' COMMISSIONED SERVICE AND WITH CREDITABLE RECORD. THE RECORD OF SERVICE OF WOODWARD AS FURNISHED BY THE NAVY DEPARTMENT IS AS FOLLOWS:

IN REPLY TO YOUR LETTER DATED MARCH 17, 1931, A-WER-126, THERE IS SUBMITTED BELOW A SYNOPSIS OF THE RECORD OF SERVICE OF CHIEF ELECTRICIAN HARRY CAMP FIELD WOODWARD, U.S. NAVY.

CHART

ENLISTED SERVICE 1907, NOV. 8, ENLISTED. 1911, NOV. 7, DISCHARGED. 1912, FEB. 29, ENLISTED. 1915, DEC. 20, DISCHARGED. 1915, DEC. 21, ENLISTED. 1917, JULY 7, ACCEPTED APPOINTMENT

AS GUNNER (T). 1917. NOV. 21. APPT. REVOKED, CONTINUED IN SERVICE AS ENLISTED MAN

UNTIL O AND A AS GUNNER (T) ON JANUARY 3, 1919. WAS

DISCHARGED AS ENLISTED MAN ON MARCH 23, 1920, DAY

AFTER RESIGNATION AS GUNNER (T) WAS EFFECTIVE. 1920. NOV. 1. ENLISTED. 1921. DEC. 21. DISCHARGED TO BECOME RESERVE FORCE OFFICER.

OFFICER SERVICE 1917. JULY 5. TEMPO. APPOINTED A GUNNER FROM JULY 2, 1917.

JULY 7. ACCEPTED APPOINTED AND TOOK OATH OF OFFICE THIS DATE.

NOV. 21. APPOINTMENT AS GUNNER (T) HEREBY REVOKED, EFFECTIVE

THIS DATE. REVERTED TO ENLISTED STATUS AND CONTINUED

IN SERVICE AS ENLISTED MAN UNTIL RE-APPOINTED. 1919. JAN. 3. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE.

FEB. 12. TEMPO. APPOINTED A WARRANT OFFICER FROM 20 DEC.,

1918.

DEC. 5. TEMPO. APPOINTED CHIEF GUNNER TO RANK FROM 1 SEPT.,

1919.

DEC. 12. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE AS

CHIEF GUNNER (T). 1920. MAR. 5. DET. RESIGNATION ACCEPTED EFFECTIVE UPON DETACHMENT

FROM PRESENT DUTY. DET. 22 MARCH. DISCH. AS

ENLISTED MAN 23 MARCH.

MAR. 22. HAVING ENROLLED IN THE U. S. N. R. F. FOR A PERIOD

OF 4 YEARS FROM 22 MAR., 1920, HEREBY GIVEN

PROVISIONAL RANK OF CHIEF GUNNER, TO RANK FROM 1

SEPT., 1919, IN CLASS 1.

MAR. 22. ACCEPTED AND EXECUTED OATH OF OFFICE.

AUG. 14. TO CHEW, SAN PEDRO, CALIF., FOR DUTY FOR TRAINING FOR

TWO MONTHS, ON 16 AUGUST. PRO. 16 AUG., REL. 15 OCT.

NOV. 9. RESIGNATION TENDERED IN DESPATCH OF 2 NOV., 1920,

EFFECTIVE UPON RECEIPT OF BUNAV. LETTER OF THIS DATE.

EFFECTIVE 9 NOV., 1920.

NOV. 1. REENLISTED AS CHIEF ELECTRICIAN'S MATE 10 NOV., 1920. 1921. FEB. 10. GIVEN CONFIRMED COMMISSION AS CHIEF GUNNER, CLASS 1,

U. S. N. R. F. TO RANK FROM 22 MAR., 1920.

ACCEPTED AND EXECUTED OATH OF OFFICE (REVOKED).

(CONFIRMATION CEASES FROM 9 NOV., 1920, DATE OF

RESIGNATION.)

DEC. 22. DISCHARGED FROM NAVY AS ENLISTED MAN DAY PRECEDING

ENROLLMENT IN RESERVE FORCE. AUTH. TO ENROLL IN

U. S. N. R. F. AS GUNNER, CLASS 6.

DEC. 22. ACCEPTED AND EXECUTED OATH AS GUNNER (R. F.), CLASS 6.

DEC. 30. DISCHARGED FROM U. S. N. R. F. FOR CONVENIENCE OF

GOVERNMENT, EFFECTIVE DAY PRECEDING ACCEPTANCE OF

APPT. IN NAVY.

DEC. 29. ACCEPTED APPT. AND EXECUTED OATH AS GUNNER FROM 5

AUG., 1920. 1922. JAN. 25. APPOINTED GUNNER FROM 5 AUG., 1920. (CONF. DESP.

OF 29 DEC. 1921.) 1925. NOV. 12. COMMISSIONED AD INTERIM CHIEF GUNNER FROM 12 DEC., 1924.

NOV. 20. ACCEPTED APPT. AND EXECUTED OATH AS CHIEF GUNNER. 1926. FEB. 6. COMM. CHIEF ELECTRICIAN FROM 12 DEC., 1924. (CHG.

IN TITLE.)

FEB. 13. ACCEPTED APPOINTMENT AND EXECUTED OATH OF OFFICE AS

CHIEF ELECTRICIAN. 1930. APR. 21. COMMISSIONED CHIEF ELECTRICIAN FROM 6 MAY, 1926.

(CHANGE IN DATE OF RANK.) 1929. DEC. 30. RECORD CREDITABLE FIRST 10 YEARS COMM. SERVICE.

(ACT. 16 FEB., 1929.)

BY THE ACT OF APRIL 27, 1904, 33 STAT. 346, WARRANT OFFICERS OF THE NAVY WERE MADE ELIGIBLE FOR APPOINTMENT AS CHIEF WARRANT OFFICERS "AFTER SIX YEARS FROM DATE OF WARRANT," AND THE ACT OF FEBRUARY 15, 1929, 45 STAT. 1180 PROVIDES:

THAT FOR THE PURPOSE OF COMPUTING THE SIX YEARS' SERVICE REQUIRED FOR PROMOTION FROM WARRANT TO CHIEF WARRANT RANK, ALL ACTIVE SERVICE, FOR PURPOSES OTHER THAN TRAINING HERETOFORE RENDERED DURING THE PERIOD FROM APRIL 6, 1917, TO DECEMBER 31, 1921, UNDER A TEMPORARY APPOINTMENT AS A WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES NAVY, OR AS A WARRANT OR COMMISSIONED OFFICER IN THE UNITED STATES NAVAL RESERVE FORCE, SHALL BE COUNTED: PROVIDED, THAT OFFICERS WHO HAVE HERETOFORE BEEN COMMISSIONED CHIEF WARRANT OFFICERS SHALL FOR ALL PURPOSES BE REGARDED AS HAVING BEEN SO COMMISSIONED FROM THE DATE OF COMPLETION OF SUCH SIX YEARS' SERVICE INCLUDING THE SERVICE AUTHORIZED TO BE COUNTED BY THIS ACT: PROVIDED FURTHER, THAT NO BACK PAY OR ALLOWANCES SHALL BE HELD TO HAVE ACCRUED PRIOR TO THE PASSAGE OF THIS ACT.

WOODWARD WAS APPOINTED A WARRANT OFFICER IN THE REGULAR NAVY UNDER SECTION 3 OF THE ACT OF JUNE 4, 1920, 41 STAT. 834, AS FOLLOWS:

THAT OFFICERS HOLDING TEMPORARY COMMISSIONED AND WARRANT RANKS IN THE NAVY AND MEMBERS OF THE NAVAL RESERVE FORCE OF COMMISSIONED AND WARRANT RANKS SHALL BE ELIGIBLE FOR TRANSFER TO AN APPOINTMENT IN THE PERMANENT GRADES OR RANKS IN THE NAVY FOR WHICH THEY MAY BE FOUND QUALIFIED NOT ABOVE THAT HELD BY THEM ON THE DATE OF TRANSFER, BUT NOT TO EXCEED A TOTAL OF ONE THOUSAND TWO HUNDRED COMMISSIONED OFFICERS IN THE LINE, OF WHICH NUMBER FIVE HUNDRED MAY BE APPOINTED FROM CLASS FIVE, NAVAL RESERVE FLYING CORPS, WITH PROPORTIONATE NUMBER IN ALL STAFF CORPS AS NOW AUTHORIZED BY LAW, EXCEPT THAT THE MEDICAL, DENTAL, AND SUPPLY CORPS SHALL BE ENTITLED TO SUCH ADDITIONAL NUMBERS AS ARE NECESSARY TO MAKE UP THE FULL QUOTA OF OFFICERS IN THOSE CORPS, AS NOW AUTHORIZED BY LAW: PROVIDED, THAT OFFICERS SO APPOINTED TO THE LINE OF THE NAVY, SHALL TAKE RANK IN ACCORDANCE WITH THEIR PRECEDENCE WHILE HOLDING TEMPORARY RANK, AND MEMBERS OF THE NAVAL RESERVE FORCE OF COMMISSIONED AND WARRANT RANKS FOUND QUALIFIED FOR A GIVEN RANK SHALL BE ARRANGED ACCORDING TO THEIR PRECEDENCE AMONG THEMSELVES AND COMMISSIONED IN THE PERMANENT SERVICE NEXT AFTER THE LOWEST TEMPORARY OFFICER WHO QUALIFIES FOR THE SAME RANK AND IS APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT.

WHEN APPOINTED UNDER THIS ACT WOODWARD WAS A GUNNER IN THE NAVAL RESERVE FORCE AND AS SUCH WAS ELIGIBLE TO BE TRANSFERRED TO AND APPOINTED IN THE REGULAR NAVY, AND WHEN SO TRANSFERRED AND APPOINTED HE WAS ENTITLED TO PRECEDENCE ACCORDING TO THE PRECEDENCE HE HAD AMONG WARRANT OFFICERS IN THE NAVAL RESERVE FORCE, WHO, ALSO, WERE SO TRANSFERRED AND APPOINTED IN THE REGULAR NAVY. THE DEPARTMENT FIXED THE DATE OF RANK AS AUGUST 5, 1920, AND THE DEPARTMENT'S AUTHORITY IN THAT RESPECT UNDER THE ACT OF JUNE 4, 1920, NEED NOT NOW BE QUESTIONED. THE DATE OF WARRANT, OR DATE OF RANK, HAVING BEEN FIXED BY THE DEPARTMENT PURSUANT TO LAW, SIX YEARS FROM THAT DATE, UNDER THE ACT OF 1904, WOODWARD WAS ELIGIBLE FOR APPOINTMENT AS A CHIEF WARRANT OFFICER; SEE 7 COMP. GEN. 746. HAVING HAD SERVICE AS A GUNNER, TEMPORARY, JULY 2, 1917, TO NOVEMBER 21, 1917, 4 MONTHS 20 DAYS; DECEMBER 20, 1918, TO AUGUST 31, 1919, 8 MONTHS, 11 DAYS; AND TEMPORARY SERVICE AS A CHIEF GUNNER SEPTEMBER 1, 1919, TO MARCH 22, 1920, 6 MONTHS, 22 DAYS, A TOTAL OF 1 YEAR, 7 MONTHS, AND 23 DAYS, HE IS ENTITLED UNDER THE ACT OF FEBRUARY 15, 1929, TO HAVE HIS DATE OF COMMISSION AS A CHIEF WARRANT OFFICER ANTEDATED BY THAT PERIOD OF TIME, GIVING HIM A CONSTRUCTIVE DATE OF COMMISSION AS CHIEF WARRANT OFFICER IN THE REGULAR NAVY AS OF DECEMBER 12, 1924. HE HAD PRIOR COMMISSIONED SERVICE OF 6 MONTHS AND 22 DAYS AND HE COMPLETED HIS FIRST SIX YEARS OF COMMISSIONED SERVICE MAY 19, 1930. THE PAYMENT MADE HAVING BEEN THE MAXIMUM ALLOWED TO A COMMISSIONED WARRANT OFFICER OF MORE THAN SIX AND LESS THAN NINE YEARS' SERVICE, THE AMOUNT, IF OTHERWISE CORRECT, WILL BE PASSED TO CREDIT.

THE FOREGOING ACTION IS TO BE DISTINGUISHED FROM 7 COMP. GEN. 36, WHERE THERE WAS CONSIDERED THE RIGHT OF A CHIEF CARPENTER APPOINTED BY TRANSFER FROM THE NAVAL RESERVE FORCE UNDER THE ACT OF JUNE 4, 1920, TO PAY AS AFTER SIX YEARS' COMMISSIONED SERVICE, WHERE DATE OF RANK WAS GIVEN OF AUGUST 5, 1920, BUT THE COMMISSION WAS NOT ACCEPTED UNTIL DECEMBER 19, 1921, AND DURING THE ENTIRE INTERVENING PERIOD THE OFFICER WAS ON INACTIVE STATUS IN THE NAVAL RESERVE FORCE. IT WAS HELD THAT THE PERIOD BETWEEN DATE OF RANK AND DATE OF ACCEPTANCE MIGHT NOT BE COUNTED AS COMMISSIONED SERVICE FOR PURPOSES OF PAY TO DETERMINE THE COMPLETION OF SIX YEARS OF COMMISSIONED SERVICE. AND, OF COURSE, AS WAS SAID, IN 7 COMP. GEN. 746, ON ORIGINAL APPOINTMENT AS WARRANT OR COMMISSIONED WARRANT OFFICER IN THE NAVY FROM CIVIL LIFE, PAY OR CREDIT FOR SERVICE FOR THE PURPOSES OF PAY BETWEEN DATE OF APPOINTMENT AND DATE OF ACCEPTANCE MAY NOT BE COUNTED.