A-40331, JANUARY 28, 1932, 11 COMP. GEN. 291

A-40331: Jan 28, 1932

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PAY - RETIRED - VICE ADMIRALS OF THE NAVY THERE IS NO PERMANENT GRADE OR RANK ON THE ACTIVE OR RETIRED LIST OF THE NAVY HIGHER THAN THE GRADE OF REAR ADMIRAL TO WHICH AN OFFICER OF THAT SERVICE CAN BE PROMOTED. NOR IS THERE ANY LAW AUTHORIZING PERMANENT RATES OF PAY ON THE ACTIVE OR RETIRED LIST FOR VICE ADMIRALS. IS ENTITLED ONLY TO RETIRED PAY BASED ON THE ACTIVE-DUTY PAY OF A REAL ADMIRAL OF THE NAVY. IS ENTITLED BY REASON OF HIS RETIREMENT UNDER ORDERS OF JULY 17. YOU WILL HAVE ATTAINED THE AGE OF SIXTY FOUR (64) YEARS AND. YOU WILL BE TRANSFERRED TO THE RETIRED LIST FROM 1 JANUARY 1932. 2. THE DEPARTMENT TAKES THIS OCCASION TO EXPRESS TO YOU ITS APPRECIATION OF THE LONG AND VALUABLE SERVICES WHICH YOU HAVE RENDERED TO THE COUNTRY DURING YOUR PERIOD OF ACTIVE SERVICE IN THE NAVY.

A-40331, JANUARY 28, 1932, 11 COMP. GEN. 291

PAY - RETIRED - VICE ADMIRALS OF THE NAVY THERE IS NO PERMANENT GRADE OR RANK ON THE ACTIVE OR RETIRED LIST OF THE NAVY HIGHER THAN THE GRADE OF REAR ADMIRAL TO WHICH AN OFFICER OF THAT SERVICE CAN BE PROMOTED, NOR IS THERE ANY LAW AUTHORIZING PERMANENT RATES OF PAY ON THE ACTIVE OR RETIRED LIST FOR VICE ADMIRALS. AN OFFICER OF THE MEDICAL CORPS OF THE NAVY IN THE RANK OF REAR ADMIRAL ADVANCED UPON RETIREMENT TO THE RANK OF VICE ADMIRAL UNDER SECTION 3 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1190, IS ENTITLED ONLY TO RETIRED PAY BASED ON THE ACTIVE-DUTY PAY OF A REAL ADMIRAL OF THE NAVY.

COMPTROLLER GENERAL MCCARL TO LIEUT. COMMANDER L. A. ODLIN, UNITED STATES NAVY, JANUARY 28, 1932:

BY DIRECTION OF THE SECRETARY OF THE NAVY IN THIRD INDORSEMENT OF JANUARY 12, 1932, THERE HAS BEEN RECEIVED YOUR REQUEST FOR DECISION AS TO PAY TO WHICH VICE ADMIRAL JAMES F. LEYS (M.C.), UNITED STATES NAVY (RETIRED), IS ENTITLED BY REASON OF HIS RETIREMENT UNDER ORDERS OF JULY 17, 1931, AS FOLLOWS:

FROM: SECRETARY OF THE NAVY.

TO: REAR ADMIRAL JAMES F. LEYS, MEDICAL CORPS, U.S.N., NAVY YARD,

NEW YORK, N.Y.

VIA: COMMANDANT, NAVY YARD, NEW YORK, N.Y.

SUBJECT: TRANSFER TO THE RETIRED LIST.

1. ON 26 DECEMBER 1931, YOU WILL HAVE ATTAINED THE AGE OF SIXTY FOUR (64) YEARS AND, IN ACCORDANCE WITH A PROVISION CONTAINED IN THE ACT OF CONGRESS APPROVED 28 JANUARY 1929, AND 23 APRIL 1930, YOU WILL BE TRANSFERRED TO THE RETIRED LIST FROM 1 JANUARY 1932.

2. THE DEPARTMENT TAKES THIS OCCASION TO EXPRESS TO YOU ITS APPRECIATION OF THE LONG AND VALUABLE SERVICES WHICH YOU HAVE RENDERED TO THE COUNTRY DURING YOUR PERIOD OF ACTIVE SERVICE IN THE NAVY, AND WISHES YOU MANY YEARS OF HEALTH AND HAPPINESS.

3. ACKNOWLEDGMENT OF RECEIPT IS REQUESTED.

THESE ORDERS WERE MODIFIED BY ORDERS OF NOVEMBER 14, 1931, AS FOLLOWS:

FROM: SECRETARY OF THE NAVY.

TO: REAR ADMIRAL JAMES F. LEYS, MEDICAL CORPS, U.S.N., U.S. NAVY

YARD, NEW YORK, N.Y.

VIA: COMMANDANT NAVY YARD, NEW YORK, N.Y.

SUBJECT: TRANSFER TO THE RETIREMENT LIST--- ADVANCEMENT IN RANK

UPON RETIREMENT.

REFERENCE: (A) DEPARTMENT'S LETTER NO. 2980-107, DATED 17 JULY 1931.

1. REFERENCE (A) IS HEREBY SO FAR MODIFIED THAT YOU WILL, WHEN PLACED UPON THE RETIRED LIST ON 1 JANUARY, 1932, BE RETIRED WITH THE RANK OF VICE ADMIRAL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1027, TITLE 10, U.S.C.

WITH THE PAPERS SUBMITTED IS A LETTER FROM ADMIRAL LEYS REQUESTING THAT HE BE CREDITED RETIRED PAY AT THE RATE OF $8,250 PER ANNUM (75 PERCENT OF $11,000), BASED ON THE PAY OF A LIEUTENANT GENERAL IN THE ARMY. ADMIRAL LEYS CITES SECTIONS 1261, 1274, 1466, REVISED STATUTES, AND THE ACT OF MARCH 3, 1899, 30 STAT. 1007, TO SUPPORT HIS CONTENTION THAT THE PAY OF A VICE ADMIRAL IN THE NAVY IS ASSIMILATED TO THE PAY OF A LIEUTENANT GENERAL IN THE ARMY; ALSO, DECISION A-28422, SEPTEMBER 16, 1929, WHICH ALLOWED THE RATE OF RETIRED PAY TO MAJ.GEN. EDGAR JADWIN, RETIRED IN THE RANK OF LIEUTENANT GENERAL UNDER SECTION 3 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1190.

SECTION 3 OF THE ACT OF MARCH 4, 1915, 38 STAT. 1190, REFERRED TO IN THE ORDERS AS SECTION 1027, TITLE 10, U.S. CODE, PROVIDES:

THAT SUCH OFFICERS OF THE ARMY AND NAVY AS WERE DETAILED FOR DUTY WITH THE ISTHMIAN CANAL COMMISSION ON THE ISTHMUS OF PANAMA FOR MORE THAN THREE YEARS, AND WHO SHALL NOT HAVE BEEN ADVANCED IN RANK BY ANY OTHER PROVISION OF THIS BILL, SHALL BE ADVANCED ONE GRADE IN RANK UPON RETIREMENT: * * *

THE GRADE OF VICE ADMIRAL IN THE NAVY WAS FIRST ESTABLISHED BY THE ACT OF DECEMBER 21, 1864, 13 STAT. 420, AS FOLLOWS:

THAT THE PRESIDENT OF THE UNITED STATES BE, AND HE IS HEREBY, AUTHORIZED AND EMPOWERED, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO APPOINT ONE VICE ADMIRAL, WHO SHALL BE SELECTED FROM THE LIST OF ACTIVE REAR ADMIRALS, AND WHO SHALL BE THE RANKING OFFICER IN THE NAVY OF THE UNITED STATES, AND WHOSE RELATIVE RANK WITH OFFICERS OF THE ARMY SHALL BE THAT OF LIEUTENANT GENERAL IN THE ARMY.

SEC. 2. AND BE IT FURTHER ENACTED, THAT THE PAY OF THE VICE ADMIRAL OF THE NAVY SHALL BE SEVEN THOUSAND DOLLARS WHEN AT SEA, SIX THOUSAND DOLLARS WHEN ON SHORE DUTY, AND FIVE THOUSAND DOLLARS WHEN WAITING ORDERS.

THE GRADE OF ADMIRAL WAS ESTABLISHED BY THE ACT OF JULY 25, 1866, 14 STAT. 222 AND 223 WHICH PROVIDED:

THAT THE NUMBER ALLOWED IN EACH GRADE OF LINE OFFICERS ON THE ACTIVE LIST OF THE NAVY SHALL BE ONE ADMIRAL, ONE VICE ADMIRAL, TEN REAR ADMIRALS * *

SEC. AND BE IT FURTHER ENACTED, THAT THE ANNUAL COMPENSATION OF THE ADMIRAL OF THE NAVY SHALL BE TEN THOUSAND DOLLARS A YEAR, * * *.

BY THE ACT OF MARCH 2, 1867, 14 STAT. 515, 516, THAT PART OF THE ACT OF DECEMBER 21, 1864, PROVIDING THAT THE VICE ADMIRAL SHALL BE THE RANKING OFFICER IN THE NAVY WAS DECLARED TO HAVE BEEN REPEALED BY THE ACT OF JULY 25, 1866, ESTABLISHING THE GRADE OF ADMIRAL AND THAT THE "ADMIRAL IS THE RANKING OFFICER IN THE NAVY.' THE GRADES OF ADMIRAL AND VICE ADMIRAL IN THE NAVY WERE ABOLISHED BY THE ACT OF JANUARY 24, 1873, 17 STAT. 418, AS FOLLOWS:

THAT VACANCIES OCCURRING IN THE GRADES OF ADMIRAL AND VICE ADMIRAL IN THE NAVY OF THE UNITED STATES SHALL NOT BE FILLED BY PROMOTION, OR IN ANY OTHER MANNER WHATEVER; AND THAT WHEN THE OFFICES OF SAID GRADES SHALL BECOME VACANT, THE GRADE ITSELF SHALL CEASE TO EXIST.

THE GRADE OF ADMIRAL IN THE NAVY WAS REESTABLISHED BY THE ACT OF MARCH 2, 1899, 30 STAT. 995, PROVIDING:

THAT THE PRESIDENT IS HEREBY AUTHORIZED TO APPOINT, BY SELECTION AND PROMOTION, AN ADMIRAL OF THE NAVY, WHO SHALL NOT BE PLACED UPON THE RETIRED LIST EXCEPT UPON HIS OWN APPLICATION; AND WHENEVER SUCH OFFICE SHALL BE VACATED BY DEATH OR OTHERWISE THE OFFICE SHALL CEASE TO EXIST. (SEE, ALSO, THE ACT OF MARCH 3, 1899, 30 STAT. 1045.)

THE GRADE OF ADMIRAL ESTABLISHED BY THE ACT OF JULY 25, 1866, AND ABOLISHED BY THE ACT OF JANUARY 24, 1873, CEASED TO EXIST IN CONSEQUENCE OF THE DEATH OF ADMIRAL DAVID D. PORTER, FEBRUARY 3, 1891, AND THE GRADE OF VICE ADMIRAL IN THE NAVY CEASED UPON THE DEATH OF VICE ADMIRAL STEVEN C. ROWAN, MARCH 31, 1890. THE GRADE OF ADMIRAL IN THE NAVY AS ESTABLISHED BY THE ACT OF MARCH 2, 1899, 30 STAT. 995, WAS "VACATED" BY THE DEATH OF ADMIRAL GEORGE DEWEY, JANUARY 16, 1917. SEE ,LAWS RELATING TO THE NAVY, ANNOTATED," PAGES 447, 448.

SECTION 13 OF THE ACT OF MARCH 3, 1899, 30 STAT. 1007, PROVIDED:

THAT, AFTER JUNE THIRTIETH, EIGHTEEN HUNDRED AND NINETY-NINE, COMMISSIONED OFFICERS OF THE LINE OF THE NAVY AND OF THE MEDICAL AND PAY CORPS SHALL RECEIVE THE SAME PAY AND ALLOWANCES, EXCEPT FORAGE, AS ARE OR MAY BE PROVIDED BY OR IN PURSUANCE OF LAW FOR THE OFFICERS OF CORRESPONDING RANK IN THE ARMY: * * *

UNDER SECTION 1466, REVISED STATUTES, FIXING RELATIVE RANKS BETWEEN OFFICERS OF THE NAVY AND OFFICERS OF THE ARMY,"THE VICE ADMIRAL SHALL RANK WITH THE LIEUTENANT GENERAL.'

SINCE THE GRADE OF VICE ADMIRAL IN THE NAVY WAS ABOLISHED BY THE ACT OF JANUARY 24, 1873, 17 STAT. 418, AND CEASED TO EXIST PRIOR TO MARCH 3, 1899, THERE WAS NO GRADE OF VICE ADMIRAL IN THE NAVY ON JULY 1, 1899, THE PAY AND ALLOWANCES OF WHICH COULD BE ASSIMILATED TO THE PAY AND ALLOWANCES OF A LIEUTENANT GENERAL IN THE ARMY, THEREFORE THE PAY OF A VICE ADMIRAL IN THE NAVY WAS NOT ASSIMILATED TO THE PAY OF A LIEUTENANT GENERAL IN THE ARMY BY THE ACT OF MARCH 3, 1899, 30 STAT. 1045, AND THAT LAW HAS BEEN REPEALED, SEE ACT OF MAY 13, 1908, 35 STAT. 127.

THE ACT OF MARCH 3, 1915, 38 STAT. 941, 942, PROVIDED:

THAT HEREAFTER THE COMMANDER IN CHIEF OF THE UNITED STATES ATLANTIC FLEET, THE COMMANDER IN CHIEF OF THE UNITED STATES PACIFIC FLEET, AND THE COMMANDER IN CHIEF OF THE ASIATIC FLEET, RESPECTIVELY, SHALL EACH, AFTER BEING DESIGNATED AS SUCH COMMANDER IN CHIEF BY THE PRESIDENT, AND FROM THE DATE OF ASSUMING COMMAND OF SUCH FLEET UNTIL HIS RELINQUISHMENT OF SUCH COMMAND, HAVE THE RANK AND PAY OF AN ADMIRAL; AND IN EACH OF THE ABOVE- NAMED FLEETS THE OFFICER SERVING AS SECOND IN COMMAND THEREOF SHALL EACH, AFTER BEING DESIGNATED AS SUCH SECOND IN COMMAND BY THE PRESIDENT, AND FROM THE DATE OF ASSUMING DUTY AS SUCH SECOND IN COMMAND UNTIL HIS RELINQUISHMENT OF SUCH DUTY, HAVE THE RANK AND PAY OF A VICE ADMIRAL; AND THE GRADES OF ADMIRAL AND VICE ADMIRAL IN THE NAVY ARE HEREBY REESTABLISHED AND AUTHORIZED FOR THE PURPOSES OF THIS SECTION. THE ANNUAL PAY OF AN ADMIRAL SHALL BE $10,000, AND OF A VICE ADMIRAL $9,000: PROVIDED, THAT IN TIME OF PEACE OFFICERS TO SERVE AS COMMANDER IN CHIEF AND AS SECOND IN COMMAND OF THE THREE SAID FLEETS SHALL BE DESIGNATED FROM AMONG THE REAR ADMIRALS ON THE ACTIVE LIST OF THE NAVY: PROVIDED FURTHER, THAT NOTHING HEREIN CONTAINED SHALL CREATE ANY VACANCY IN ANY GRADE IN THE NAVY NOR INCREASE THE TOTAL NUMBER OF OFFICERS ALLOWED BY EXISTING LAW, AND THAT WHEN AN OFFICER IS DETACHED FROM DUTY AS SUCH COMMANDER IN CHIEF OR AS SUCH SECOND IN COMMAND, AS ABOVE PROVIDED, HE SHALL RETURN TO HIS REGULAR RANK IN THE LIST OF REAR ADMIRALS AND SHALL THEREAFTER RECEIVED ONLY THE PAY AND ALLOWANCES OF SUCH REGULAR RANK.

THIS PROVISION WAS REPEALED BY SECTION 18 OF THE ACT OF MAY 22, 1917, 40 STAT. 89, PROVIDING:

THAT THE PRESIDENT BE, AND HE IS HEREBY, FURTHER AUTHORIZED TO DESIGNATE SIX OFFICERS OF THE NAVY FOR THE COMMAND OF FLEETS OR SUBDIVISIONS THEREOF AND, AFTER BEING SO DESIGNATED FROM THE DATE OF ASSUMING SUCH COMMAND UNTIL RELINQUISHING THEREOF, NOT MORE THAN THREE OF SUCH OFFICERS SHALL EACH HAVE THE RANK AND PAY OF AN ADMIRAL, AND THE OTHERS SHALL EACH HAVE THE RANK AND PAY OF A VICE ADMIRAL; AND THE GRADES OF ADMIRAL AND VICE ADMIRAL ARE HEREBY AUTHORIZED AND CONTINUED FOR THE PURPOSE OF THIS ACT: PROVIDED, THAT IN TIME OF WAR THE SELECTIONS UNDER THE PROVISIONS OF THIS SECTION SHALL BE MADE FROM THE GRADES OF REAR ADMIRAL OR CAPTAIN ON THE ACTIVE LIST OF THE NAVY: PROVIDED FURTHER, THAT THE PAY OF AN ADMIRAL SHALL BE $10,000 AND THE PAY OF A VICE ADMIRAL $9,000 PER ANNUM; PROVIDED FURTHER, THAT IN TIME OF PEACE OFFICERS FOR THE COMMAND OF FLEETS AND SUBDIVISIONS THEREOF, AS HEREIN AUTHORIZED, SHALL BE DESIGNATED FROM AMONG THE REAR ADMIRALS ON THE ACTIVE LIST OF THE NAVY: PROVIDED FURTHER, THAT NOTHING HEREIN CONTAINED SHALL CREATE ANY VACANCY IN ANY GRADE IN THE NAVY TO INCREASE THE TOTAL NUMBER OF OFFICERS AUTHORIZED BY LAW: PROVIDED FURTHER, THAT WHEN AN OFFICER WITH THE RANK OF ADMIRAL OR VICE ADMIRAL IS DETACHED FROM THE COMMAND OF A FLEET OR SUBDIVISION THEREOF, AS HEREIN AUTHORIZED, HE SHALL RETURN TO HIS REGULAR RANK IN THE LIST OF OFFICERS OF THE NAVY AND SHALL THEREAFTER RECEIVE ONLY THE PAY AND ALLOWANCES OF SUCH RANK; AND PROVIDED FURTHER, THAT NOTHING IN THIS ACT SHALL BE HELD OR CONSTRUED AS AMENDING OR REPEALING THE PROVISIONS OF SECTIONS FOURTEEN HUNDRED AND THIRTY-FOUR, FOURTEEN HUNDRED AND SIXTY THREE, AND FOURTEEN HUNDRED AND SIXTY-FOUR OF THE REVISED STATUTES OF THE UNITED STATES.

THAT THE PROVISION IN THE ACT APPROVED MARCH THIRD, NINETEEN HUNDRED AND FIFTEEN, FOR THE DESIGNATION OF COMMANDERS IN CHIEF OF CERTAIN FLEETS WITH THE RANK OF ADMIRAL AND FOR THE DESIGNATION OF OFFICERS SECOND IN COMMAND OF SUCH FLEETS WITH THE RANK OF VICE ADMIRAL BE, AND THE SAME IS HEREBY, REPEALED.

THE ACT OF AUGUST 29, 1916, 39 STAT. 558, PROVIDES:

HEREAFTER THE CHIEF OF NAVAL OPERATIONS, WHILE SO SERVING AS SUCH CHIEF OF NAVAL OPERATIONS, SHALL HAVE THE RANK AND TITLE OF ADMIRAL, TO TAKE RANK NEXT AFTER THE ADMIRAL OF THE NAVY, AND SHALL, WHILE SO SERVING AS CHIEF OF NAVAL OPERATIONS, RECEIVE THE PAY OF $10,000 PER ANNUM AND NO ALLOWANCES. ALL ORDERS ISSUED BY THE CHIEF OF NAVAL OPERATIONS IN PERFORMING THE DUTIES ASSIGNED HIM SHALL BE PERFORMED UNDER THE AUTHORITY OF THE SECRETARY OF THE NAVY, AND HIS ORDERS SHALL BE CONSIDERED AS EMANATING FROM THE SECRETARY, AND SHALL HAVE FULL FORCE AND EFFECT AS SUCH. TO ASSIST THE CHIEF OF NAVAL OPERATIONS IN PERFORMING THE DUTIES OF HIS OFFICE THERE SHALL BE ASSIGNED FOR THIS EXCLUSIVE DUTY NOT LESS THAN FIFTEEN OFFICERS OF AND ABOVE THE RANK OF LIEUTENANT COMMANDER OF THE NAVY, OR MAJOR OF THE MARINE CORPS: PROVIDED, THAT IF AN OFFICER OF THE GRADE OF CAPTAIN BE APPOINTED CHIEF OF NAVAL OPERATIONS HE SHALL HAVE THE RANK AND TITLE OF ADMIRAL, AS ABOVE PROVIDED, WHILE HOLDING THAT POSITION: PROVIDED FURTHER, THAT SHOULD AN OFFICER, WHILE SERVICE AS CHIEF OF NAVAL OPERATIONS, BE RETIRED FROM ACTIVE SERVICE HE SHALL BE RETIRED WITH THE LINEAL RANK AND THE RETIRED PAY TO WHICH HE WOULD BE ENTITLED HAD HE NOT BEEN SERVING AS CHIEF OF NAVAL OPERATIONS.

IT IS FURTHER PROVIDED IN 40 STAT. 716, 717, ACT OF JULY 1, 1918---

THAT HEREAFTER THE CHIEF OF NAVAL OPERATIONS SHALL RECEIVE THE ALLOWANCES WHICH ARE NOW OR MAY HEREAFTER BE PRESCRIBED BY OR IN PURSUANCE OF LAW FOR THE GRADE OF GENERAL IN THE ARMY, AND THE OFFICERS OF THE NAVY HOLDING THE RANK AND TITLE OF ADMIRAL AND VICE ADMIRAL IN THE NAVY WHILE HOLDING SUCH RANK AND TITLE SHALL RECEIVE THE ALLOWANCES OF A GENERAL AND LIEUTENANT GENERAL OF THE ARMY, RESPECTIVELY. AND HEREAFTER CHIEFS OF BUREAUS OF THE NAVY DEPARTMENT, INCLUDING THE JUDGE ADVOCATE GENERAL OF THE NAVY, SHALL, WHILE SO SERVING, HAVE CORRESPONDING RANK AND SHALL RECEIVE THE SAME PAY AND ALLOWANCES AS ARE NOW OR MAY HEREAFTER BE PRESCRIBED BY OR IN PURSUANCE OF LAW FOR CHIEFS OF BUREAUS OF THE WAR DEPARTMENT AND THE JUDGE ADVOCATE GENERAL OF THE ARMY. PROVISION IN THE ACT OF MAY 22, 1917, 40 STAT. 89, RELATIVE TO THE PAY AND ALLOWANCES OF OFFICERS DESIGNATED FOR THE COMMAND OF FLEETS OF SUBDIVISIONS THEREOF WAS REPEALED BY SECTION 8 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, PROVIDING:

* * * REAR ADMIRALS OF THE NAVY SERVING IN HIGHER GRADES SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE PER YEAR AS FOLLOWS: WHEN SERVING IN THE GRADE OF VICE ADMIRAL, $500; WHEN SERVING IN THE GRADE OF ADMIRAL OR AS CHIEF OF NAVAL OPERATIONS, $2,200. (2 COMP. GEN. 284.)

IT IS OBVIOUS UNDER THE ACT OF AUGUST 29, 1916, 39 STAT. 558, THAT SHOULD AN OFFICER, WHILE SERVING AS CHIEF OF NAVAL OPERATIONS, BE RETIRED FROM ACTIVE SERVICE "HE SHALL BE RETIRED WITH THE LINEAL RANK AND THE RETIRED PAY TO WHICH HE WOULD BE ENTITLED HAD HE NOT BEEN SERVING AS CHIEF OF NAVAL OPERATIONS; " AND UNDER THE ACT OF MAY 22, 1917, 40 STAT. 89, THAT "WHEN AN OFFICER WITH THE RANK OF ADMIRAL OR VICE ADMIRAL IS DETACHED FROM THE COMMAND OF A FLEET OR SUBDIVISION THEREOF, AS HEREIN AUTHORIZED, HE SHALL RETURN TO HIS REGULAR RANK IN THE LIST OF OFFICERS OF THE NAVY, AND SHALL THEREAFTER RECEIVE ONLY THE PAY AND ALLOWANCES OF SUCH RANK.' WAS NOT INTENDED TO REESTABLISH PERMANENTLY THE GRADES OF ADMIRAL AND VICE ADMIRAL IN THE NAVY, BUT SIMPLY TO PROVIDE SUCH TEMPORARY RANKS AND TITLES WITH INCREASED PAY FOR OFFICERS WHILE PERFORMING CERTAIN PRESCRIBED DUTY.

FROM THE APPLICABLE STATUTES QUOTED AND CITED HEREIN IT MUST BE CONCLUDED THAT THERE IS NO PERMANENT GRADE OR RANK ON THE ACTIVE OR RETIRED LIST IN THE UNITED STATES NAVY HIGHER THAN THE GRADE OF REAR ADMIRAL TO WHICH ANY OFFICER OF THAT SERVICE CAN BE PROMOTED; ALSO, THAT THERE IS NO LAW AUTHORIZING PERMANENT RATES OF PAY ON THE ACTIVE OR RETIRED LIST IN THE NAVY FOR VICE ADMIRALS. ACCORDINGLY, YOU ARE ADVISED THAT ADMIRAL LEYS IS ENTITLED ONLY TO THE RETIRED PAY BASED ON THE ACTIVE DUTY PAY OF THE RANK OF REAR ADMIRAL IN THE NAVY WHICH RANK HE HELD ON DATE OF RETIREMENT.