A-33682, OCTOBER 14, 1930, 10 COMP. GEN. 168

A-33682: Oct 14, 1930

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THE PROMOTION OF COMMISSIONED OFFICERS IN THE UNITED STATES PUBLIC HEALTH SERVICE IS GOVERNED BY SECTION 9 OF THE ACT OF APRIL 9. SHALL BE PROMOTED ACCORDING TO THE SAME LENGTH OF SERVICE AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR OFFICERS OF CORRESPONDING GRADES OF THE MEDICAL CORPS OF THE ARMY. * * * THE ACT PROVIDES FOR PROMOTION OF OFFICERS ACCORDING TO THE SAME LENGTH OF SERVICE AS OFFICERS OF CORRESPONDING GRADE OF THE MEDICAL CORPS OF THE ARMY. IT IS NOT THE SAME SERVICE WHICH MAY BE COUNTED. PROMOTION IS ACCORDING TO THE SAME LENGTH OF SERVICE. THE PARITY IS ON THE BASIS OF SIMILAR CHARACTER OF SERVICE RENDERED IN EACH OF THE SERVICES.

A-33682, OCTOBER 14, 1930, 10 COMP. GEN. 168

PAY - PROMOTION - PUBLIC HEALTH SERVICE OFFICERS OFFICERS OF THE PUBLIC HEALTH SERVICE MAY COUNT ONLY SERVICE IN THE PUBLIC HEALTH SERVICE, SIMILAR IN CHARACTER TO THAT COUNTED BY OFFICERS OF THE MEDICAL CORPS OF THE ARMY, IN THE COMPUTATION OF SERVICE FOR PROMOTION UNDER SECTION 9 OF THE ACT OF APRIL 9, 1930, 46 STAT. 151.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, OCTOBER 14, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 1, 1930, REQUESTING DECISION WHETHER ACTIVE SERVICE IN THE MEDICAL RESERVE CORPS OF THE ARMY MAY BE INCLUDED IN THE COMPUTATION OF SERVICE NECESSARY FOR PROMOTION OF COMMISSIONED OFFICERS IN THE UNITED STATES PUBLIC HEALTH SERVICE AND ENTITLING THEM TO PAY BASED ON SUCH PROMOTION.

THE PROMOTION OF COMMISSIONED OFFICERS IN THE UNITED STATES PUBLIC HEALTH SERVICE IS GOVERNED BY SECTION 9 OF THE ACT OF APRIL 9, 1930, 46 STAT. 151, AS FOLLOWS:

HEREAFTER COMMISSIONED OFFICERS OF THE REGULAR CORPS OF THE PUBLIC HEALTH SERVICE, AFTER EXAMINATION UNDER REGULATIONS APPROVED BY THE PRESIDENT, SHALL BE PROMOTED ACCORDING TO THE SAME LENGTH OF SERVICE AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE AUTHORIZED FOR OFFICERS OF CORRESPONDING GRADES OF THE MEDICAL CORPS OF THE ARMY. * * *

THE ACT PROVIDES FOR PROMOTION OF OFFICERS ACCORDING TO THE SAME LENGTH OF SERVICE AS OFFICERS OF CORRESPONDING GRADE OF THE MEDICAL CORPS OF THE ARMY. FOR PURPOSES OF PROMOTION IN THE MEDICAL CORPS OF THE ARMY, SECTION 10 OF THE ACT OF JUNE 4, 1920, 41 STAT. 767, AUTHORIZES THE CREDITING OF "ALL ACTIVE COMMISSIONED SERVICE IN THE REGULAR ARMY WHENEVER RENDERED; AND ALSO SUCH SERVICE RENDERED SINCE APRIL 6, 1917, IN THE ARMY OR IN THE NATIONAL GUARD WHEN IN ACTIVE SERVICE UNDER A CALL BY THE PRESIDENT, EXCEPT SERVICE UNDER A RESERVE COMMISSION WHILE IN ATTENDANCE AT A SCHOOL OR CAMP FOR THE TRAINING OF CANDIDATES FOR COMMISSION.' IT IS NOT THE SAME SERVICE WHICH MAY BE COUNTED, BUT PROMOTION IS ACCORDING TO THE SAME LENGTH OF SERVICE. IN OTHER WORDS, THE PARITY IS ON THE BASIS OF SIMILAR CHARACTER OF SERVICE RENDERED IN EACH OF THE SERVICES. HOUSE REPORT NO. 542, SEVENTY-FIRST CONGRESS, SECOND SESSION, AS QUOTED ON PAGE 6389, CONGRESSIONAL RECORD OF MARCH 26, 1930, SHOWS THE LENGTH OF PUBLIC HEALTH SERVICE NECESSARY FOR PROMOTION TO THE VARIOUS GRADES UNDER THE PROPOSED BILL WHICH BECAME THE ACT OF APRIL 9, 1930, TO BE AS FOLLOWS:

* * * IN ORDER TO BE PROMOTED TO THE NEXT HIGHER GRADE AN OFFICER MUST HAVE GIVEN SATISFACTORY SERVICE, MUST HAVE PASSED A MENTAL AND PHYSICAL EXAMINATION, AND MUST HAVE SERVED, FROM DATE OF ORIGINAL APPOINTMENT, AS FOLLOWS: THREE YEARS BEFORE PROMOTION TO PASSED ASSISTANT SURGEON; 12 YEARS BEFORE PROMOTION TO SURGEON, 20 YEARS BEFORE PROMOTION TO SENIOR SURGEON, AND 26 YEARS BEFORE PROMOTION TO MEDICAL DIRECTOR.

ACTIVE COMMISSIONED SERVICE IN SERVICES OTHER THAN THE ARMY ARE NOT AUTHORIZED TO BE COUNTED FOR PURPOSES OF PROMOTION OF OFFICERS OF THE MEDICAL CORPS OF THE ARMY; IT IS ONLY ARMY SERVICE OR SERVICE IN THE NATIONAL GUARD WHEN IT IS A PART OF THE ARMY (SEC. 1 OF THE NATIONAL DEFENSE ACT AS AMENDED, 41 STAT. 759) THAT A MEDICAL OFFICER OF THE ARMY MAY COUNT FOR PROMOTION. LIKEWISE OFFICERS OF THE PUBLIC HEALTH SERVICE MAY COUNT ONLY SERVICE IN THE PUBLIC HEALTH SERVICE, SIMILAR IN CHARACTER TO THAT COUNTED BY OFFICERS OF THE MEDICAL CORPS OF THE ARMY; THAT IS, PROMOTION IS BASED ON SERVICE AS A COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE ONLY, JUST AS PROMOTION IN THE MEDICAL CORPS OF THE ARMY IS BASED ONLY ON SERVICE AS A COMMISSIONED OFFICER IN THE ARMY. ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT PAYMENTS BASED ON PROMOTION CREDITING ACTIVE SERVICE IN THE MEDICAL RESERVE CORPS OF THE ARMY IN THE COMPUTATION FOR PROMOTION OF OFFICERS IN THE PUBLIC HEALTH SERVICE WILL NOT BE PASSED IN THE AUDIT.