A-35293, FEBRUARY 21, 1931, 10 COMP. GEN. 386

A-35293: Feb 21, 1931

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IS ENTITLED TO COUNT HIS COMMISSIONED SERVICE PRIOR TO AND AFTER RETIREMENT IN DETERMINING THE PERIOD PAY ON WHICH HIS RETIRED PAY IS BASED UNDER THE ACT OF FEBRUARY 16. THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY LIEUT. THAT HE WAS COMMISSIONED CHIEF BOATSWAIN FROM JUNE 2. WAS PLACED ON THE RETIRED LIST DECEMBER 1. WAS RELEASED FROM ACTIVE DUTY NOVEMBER 29. THAT HE WAS COMMISSIONED A LIEUTENANT ON THE RETIRED LIST JUNE 21. THE SECRETARY OF THE NAVY CERTIFIED THAT THE RECORDS OF CHIEF BOATSWAIN TIMOTHY SULLIVAN ARE CREDITABLE WITHIN THE MEANING OF THE PROVISION CONTAINED IN THE ACT OF CONGRESS APPROVED FEBRUARY 16. WHO WERE RETIRED ON OR BEFORE JUNE 30.

A-35293, FEBRUARY 21, 1931, 10 COMP. GEN. 386

PAY - RETIRED - NAVY OFFICER UNDER THE ACT OF MAY 26, 1928, 45 STAT. 774, AMENDING SECTION 17 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, A RETIRED CHIEF WARRANT OFFICER OF THE NAVY, RETIRED AFTER 30 YEARS' SERVICE PRIOR TO JULY 1, 1922, IS ENTITLED TO COUNT HIS COMMISSIONED SERVICE PRIOR TO AND AFTER RETIREMENT IN DETERMINING THE PERIOD PAY ON WHICH HIS RETIRED PAY IS BASED UNDER THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, AND TO COUNT FULL LONGEVITY (30 YEARS) TO WHICH ENTITLED WHEN RETIRED.

COMPTROLLER GENERAL MCCARL TO CAPT. EDWARD E. GOODHUE, UNITED STATES NAVY, FEBRUARY 21, 1931:

BY DIRECTION OF THE SECRETARY OF THE NAVY IN SECOND INDORSEMENT FEBRUARY 5, 1931, THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION WHETHER YOU ARE AUTHORIZED TO PAY LIEUT. TIMOTHY SULLIVAN, UNITED STATES NAVY, RETIRED, DIFFERENCE BETWEEN RETIRED PAY AT $187.50 PER MONTH(THREE-FOURTHS OF SECOND-PERIOD PAY, INCREASED 50 PERCENT FOR LONGEVITY), AND PAY AT $225 PER MONTH (THREE-FOURTHS OF THIRD-PERIOD PAY, INCREASED 50 PERCENT FOR LONGEVITY), UNDER PROVISION OF THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, FROM AND AFTER DATE OF SAID ACT.

THE SERVICE RECORDS OF LIEUTENANT SULLIVAN SHOW HE HAD ENLISTED SERVICE OF OVER 21 YEARS WHEN APPOINTED A BOATSWAIN, JUNE 2, 1898; THAT HE WAS COMMISSIONED CHIEF BOATSWAIN FROM JUNE 2, 1904, AND WAS PLACED ON THE RETIRED LIST DECEMBER 1, 1911, AFTER 30 YEARS' SERVICE; THAT HE REPORTED FOR ACTIVE DUTY OCTOBER 6, 1916, AND WAS RELEASED FROM ACTIVE DUTY NOVEMBER 29, 1919; AND THAT HE WAS COMMISSIONED A LIEUTENANT ON THE RETIRED LIST JUNE 21, 1930, UNDER THE ACT OF JUNE 21, 1930, 46 STAT. 794. ON AUGUST 5, 1930, THE SECRETARY OF THE NAVY CERTIFIED THAT THE RECORDS OF CHIEF BOATSWAIN TIMOTHY SULLIVAN ARE CREDITABLE WITHIN THE MEANING OF THE PROVISION CONTAINED IN THE ACT OF CONGRESS APPROVED FEBRUARY 16, 1929. LIEUTENANT SULLIVAN'S SERVICE RECORD THUS SHOWS COMMISSIONED SERVICE OF 7 YEARS, 5 MONTHS, AND 29 DAYS PRIOR TO RETIREMENT AND COMMISSIONED SERVICE OF 3 YEARS, 1 MONTH, AND 24 DAYS AFTER RETIREMENT, OR A TOTAL OF 10 YEARS, 7 MONTHS, AND 23 DAYS' COMMISSIONED SERVICE.

THE ACT OF MAY 26, 1928, 45 STAT. 774, AMENDS SECTION 17 OF THE ACT

THAT HEREAFTER THE RETIRED PAY OF THE OFFICERS AND WARRANT OFFICERS OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, WHO WERE RETIRED ON OR BEFORE JUNE 30, 1922, SHALL NOT BE LESS THAN THAT PROVIDED FOR THE OFFICERS AND WARRANT OFFICERS OF THESE SERVICES OF EQUAL RANK AND LENGTH OF SERVICE RETIRED SUBSEQUENT TO THAT DATE: PROVIDED, THAT NOTHING IN THIS ACT SHALL OPERATE TO REDUCE THE PAY OF ANY OFFICER OR WARRANT OFFICER NOW ON THE RETIRED LIST.

THE ACT OF MAY 26, 1928, 45 STAT. 774, AMENDS SECTION 17 OF THE ACT OF JUNE 10, 1922, 42 STAT. 632, AS FOLLOWS:

THAT SECTION 17 OF THE ACT APPROVED JUNE 10, 1922, ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," AS AMENDED, IS HEREBY FURTHER AMENDED BY INSERTING AFTER THE WORDS "PROVIDED IN THIS ACT," AND BEFORE THE NEXT PROVISO, LINE 3 OF SAID SECTION, THE FOLLOWING: "WHICH PAY SHALL INCLUDE INCREASES FOR ALL ACTIVE DUTY PERFORMED SINCE RETIREMENT IN THE COMPUTATION OF THEIR LONGEVITY PAY AND PAY PERIODS.'

AND AFTER THE PHRASE,"RECEIVE FULL PAY AND ALLOWANCES," AT THE END OF THE LAST LINE OF SAID SECTION, BY CHANGING THE PERIOD TO A COMMA AND INSERTING THEREAFTER THE FOLLOWING: "AND WHEN ON ACTIVE-DUTY STATUS, SHALL HAVE THE SAME PAY AND ALLOWANCE RIGHTS WHILE ON LEAVE OF ABSENCE OR SICK AS OFFICERS ON THE ACTIVE LIST, AND IF DEATH OCCURS WHEN ON ACTIVE-DUTY STATUS, WHILE ON LEAVE OF ABSENCE OR SICK, THEIR DEPENDENTS SHALL NOT THEREBY BE DEPRIVED OF THE BENEFITS PROVIDED IN ACT APPROVED DECEMBER 17, 1919, AS AMENDED, AND IN THE ACT OF JUNE 4, 1920: PROVIDED, THAT NO BACK PAY OR ALLOWANCES SHALL ACCRUE BY REASON OF THE PASSAGE OF THIS ACT.'

SECTION 1 OF THE ACT OF FEBRUARY 16, 1929, 45 STAT. 1186, PROVIDES:

THAT THE ACT ENTITLED "AN ACT TO READJUST THE PAY AND ALLOWANCES OF THE COMMISSIONED AND ENLISTED PERSONNEL OF THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE," APPROVED JUNE 10, 1922, AS AMENDED, IS HEREBY FURTHER AMENDED BY STRIKING OUT IN PARAGRAPH 12 OF SECTION 1 OF SAID ACT THE FOLLOWING CLAUSE, LINES 12, 13, 14, AND 15 OF SAID PARAGRAPH, VOLUME 42, STATUTES AT LARGE, PAGE 627,"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," AND INSERTING IN LIEU THEREOF THE FOLLOWING:

"COMMISSIONED WARRANT OFFICERS WITH CREDITABLE RECORDS ON THE ACTIVE LIST SHALL RECEIVE PAY AS FOLLOWS: DURING THE FIRST TEN YEARS OF COMMISSIONED SERVICE, THE PAY OF THE SECOND PERIOD; AFTER TEN YEARS OF COMMISSIONED SERVICE, THE PAY OF THE THIRD PERIOD; AFTER TWENTY YEARS OF COMMISSIONED SERVICE, THE PAY OF THE FOURTH PERIOD.'

UNDER THE ACT OF MAY 8, 1926, COMMISSIONED OFFICERS RETIRED PRIOR TO JULY 1, 1922, ARE ENTITLED TO COUNT SERVICE FOR LONGEVITY WHICH COULD BE COUNTED ON JUNE 30, 1922. A-17402, FEBRUARY 28, 1927, 66 MS COMP. GEN. 1160; A-18528, JUNE 20, 1927, 70 ID. 710. UNDER THAT ACT LIEUTENANT SULLIVAN WAS NOT ENTITLED TO COUNT HIS COMMISSIONED SERVICE AFTER RETIREMENT FOR DETERMINING HIS PAY PERIOD BUT HE COULD COUNT ALL HIS NAVAL SERVICE (ENLISTED, WARRANT, AND COMMISSIONED) PRIOR TO RETIREMENT FOR LONGEVITY ON PERIOD PAY. BY THE ACT OF MAY 26, 1928, LIEUTENANT SULLIVAN IS ENTITLED TO COUNT HIS COMMISSIONED SERVICE PRIOR TO AND AFTER RETIREMENT IN DETERMINING HIS PERIOD PAY. COUNTING SUCH SERVICE GIVES HIM A TOTAL OF 10 YEARS, 7 MONTHS, AND 23 DAYS' COMMISSIONED SERVICE. UNDER THE ACT OF FEBRUARY 16, 1929, THE PAY OF RETIRED CHIEF WARRANT OFFICERS OF THE NAVY WHO WERE PLACED ON RETIRED LIST PRIOR TO FEBRUARY 16, 1929, MAY BE COMPUTED UPON THE RATES OF PAY AUTHORIZED IN THAT ACT. 9 COMP. GEN. 348.

ACCORDINGLY, LIEUTENANT SULLIVAN HAVING OVER 10 YEARS' COMMISSIONED SERVICE IS ENTITLED TO RETIRED PAY BASED ON THE PAY OF THE THIRD PERIOD, $2,400, INCREASED 50 PERCENT FOR 30 YEARS' LONGEVITY (THREE FOURTHS OF $3,600), OR AT $225 PER MONTH, AND YOU ARE AUTHORIZED TO CREDIT HIM WITH PAY AT THAT RATE FROM AND AFTER FEBRUARY 16, 1929.