A-3508, JULY 1, 1924, 4 COMP. GEN. 3

A-3508: Jul 1, 1924

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ACCORDINGLY A COMMISSIONED WARRANT OFFICER OF THE NAVAL RESERVE FORCE WITH RANK CORRESPONDING TO THAT OF SECOND LIEUTENANT IN THE ARMY IS LIMITED TO THE BASE PAY OF THE FIRST PERIOD AND DOES NOT BECOME ENTITLED TO THE BASE PAY OF THE SECOND PERIOD BY REASON OF SIX YEARS' COMMISSIONED SERVICE WITH A CREDITABLE RECORD. I HAVE FOR DECISION THE QUESTION. IS ENTITLED TO THE PAY OF A COMMISSIONED WARRANT OFFICER ON THE ACTIVE LIST WITH A CREDITABLE RECORD AFTER SIX YEARS' COMMISSIONED SERVICE AS PROVIDED IN SECTION 1 OF THE ACT OF JUNE 10. PAY OF ALL COMMISSIONED OFFICERS OF THE NAVAL RESERVE FORCE IS PRESCRIBED IN SECTION 3 OF THE ACT OF JUNE 10. WHICH PROVIDES: THAT WHEN OFFICERS OF THE * * * RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY.

A-3508, JULY 1, 1924, 4 COMP. GEN. 3

NAVAL RESERVE FORCE PAY - COMMISSIONED WARRANT OFFICERS SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, FIXES ONE BASE PAY FOR EACH RESPECTIVE GRADE IN THE NAVAL RESERVE FORCE AND GRANTS NO RIGHT TO PAY OF A HIGHER PERIOD BY REASON OF LENGTH OF SERVICE; ACCORDINGLY A COMMISSIONED WARRANT OFFICER OF THE NAVAL RESERVE FORCE WITH RANK CORRESPONDING TO THAT OF SECOND LIEUTENANT IN THE ARMY IS LIMITED TO THE BASE PAY OF THE FIRST PERIOD AND DOES NOT BECOME ENTITLED TO THE BASE PAY OF THE SECOND PERIOD BY REASON OF SIX YEARS' COMMISSIONED SERVICE WITH A CREDITABLE RECORD.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 1, 1924:

BY YOUR INDORSEMENT OF JUNE 11, 1924, I HAVE FOR DECISION THE QUESTION, PRESENTED BY THE PAYMASTER GENERAL, UNITED STATES NAVY, WHETHER CHIEF BOATSWAIN GEORGE R. MARKS, UNITED STATES NAVAL RESERVE FORCE, IS ENTITLED TO THE PAY OF A COMMISSIONED WARRANT OFFICER ON THE ACTIVE LIST WITH A CREDITABLE RECORD AFTER SIX YEARS' COMMISSIONED SERVICE AS PROVIDED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, HE HAVING RECEIVED A CERTIFICATE OF CREDITABILITY AFTER HAVING COMPLETED SIX YEARS' COMMISSIONED SERVICE ON APRIL 6, 1923.

SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, PROVIDES:

* * * 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: * * *.

YOU REFER TO SECTION G OF INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, AS APPROVED BY THIS OFFICE, AND STATE THAT SAID SECTION CONTAINS NO PROVISION FOR CREDITING COMMISSIONED WARRANT OFFICERS OF THE NAVAL RESERVE FORCE WITH THE PAY OF THE SECOND PERIOD AFTER SIX YEARS' COMMISSIONED SERVICE.

PAY OF ALL COMMISSIONED OFFICERS OF THE NAVAL RESERVE FORCE IS PRESCRIBED IN SECTION 3 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627, WHICH PROVIDES:

THAT WHEN OFFICERS OF THE * * * RESERVE FORCES OF ANY OF THE SERVICES MENTIONED IN THE TITLE OF THIS ACT ARE AUTHORIZED BY LAW TO RECEIVE FEDERAL PAY, THOSE SERVING IN GRADES CORRESPONDING TO THOSE OF COLONEL, LIEUTENANT COLONEL, MAJOR, CAPTAIN, FIRST LIEUTENANT, AND SECOND LIEUTENANT OF THE ARMY SHALL RECEIVE THE PAY OF THE SIXTH, FIFTH, FOURTH, THIRD, SECOND, AND FIRST PERIODS, RESPECTIVELY.

THIS PROVISION SPECIFICALLY FIXES THE BASE PAY OF ALL COMMISSIONED OFFICERS OF THE NAVAL RESERVE FORCE AND SUPERSEDES THE PROVISION IN THE ACT OF JULY 1, 1918, 40 STAT. 712, WHICH PROVIDES THE MEMBERS OF THE NAVAL RESERVE FORCE WHEN EMPLOYED IN ACTIVE SERVICE UNDER THE NAVY DEPARTMENT SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS RECEIVED BY OFFICERS OF THE REGULAR NAVY OF THE SAME RANK AND LENGTH OF SERVICE. IT LIMITS THE PAY OF COMMISSIONED OFFICERS OF THE RESERVE FORCES TO THEIR CORRESPONDING GRADE IN THE ARMY AND PRESCRIBES A DEFINITE PAY PERIOD FOR EACH SUCH GRADE. UNDER ITS PROVISION NAVAL RESERVE OFFICERS SERVING IN A PARTICULAR GRADE ARE ENTITLED ONLY TO THE PAY OF THE PERIOD THEREIN DESIGNATED TO CORRESPOND WITH THEIR GRADES. IT GRANTS NO RIGHT TO PAY OF A HIGHER PERIOD BY REASON OF LENGTH OF SERVICE. IT THEREFORE EXPRESSLY FIXES ONE BASE-PAY PERIOD FOR EACH RESPECTIVE GRADE, 2 COMP. GEN. 85, 88, 113, AND 406.

CHIEF BOATSWAIN GEORGE R. MARKS HAS RANK CORRESPONDING TO SECOND LIEUTENANT IN THE ARMY AND IS ENTITLED TO THE PAY OF THE FIRST PERIOD, ONLY. THE LAW HAVING EXPRESSLY LIMITED HIS BASE PAY TO THAT PERIOD, THE FACT THAT HE HAD RECEIVED A CERTIFICATE OF CREDITABILITY AFTER SIX YEARS' COMMISSIONED SERVICE, DOES NOT CONFER ON HIS RIGHT TO THE PAY OF THE SECOND PERIOD AS PROVIDED IN SECTION 1 OF THE ACT OF OF JUNE 10, 1922, FOR COMMISSIONED WARRANT OFFICERS OF THE REGULAR SERVICE WITH CREDITABLE RECORDS AFTER SIX YEARS' COMMISSIONED SERVICE.

ACCORDINGLY, YOU ARE ADVISED THAT CHIEF BOATSWAIN GEORGE R. MARKS, UNITED STATES NAVAL RESERVE FORCE, IS NOT ENTITLED TO THE PAY OF A COMMISSIONED WARRANT OFFICER ON THE ACTIVE LIST WITH CREDITABLE RECORD AFTER SIX YEARS' COMMISSIONED SERVICE, AS PROVIDED IN SECTION 1 OF THE ACT OF JUNE 10, 1922, 42 STAT. 627.