A-43601, AUGUST 3, 1932, 12 COMP. GEN. 171

A-43601: Aug 3, 1932

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ARE MADE EFFECTIVE AS OF A DATE PRIOR TO JULY 1. ARE ENTITLED TO THE PAY OF THE GRADE TO WHICH COMMISSIONED FROM THE EFFECTIVE DATE OF SUCH COMMISSION. HIS NOMINATION FOR PROMOTION WAS CONFIRMED BY THE SENATE ON 15 JULY. WHEN ISSUED WILL RECITE THAT HE HAS BEEN APPOINTED A LIEUTENANT (JUNIOR GRADE) TO RANK FROM 6 JUNE. WILL THIS OFFICER. SUCH COMMISSION WAS APPROVED BY THE SENATE ON JUNE 15. ON WHICH THIS OFFICER IS SERVING. HAS REQUESTED A DECISION WHETHER LIEUTENANT KELSY IS ENTITLED TO THE PAY AND ALLOWANCES OF A LIEUTENANT FROM 1 MARCH. PROVIDES: ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30.

A-43601, AUGUST 3, 1932, 12 COMP. GEN. 171

ECONOMY ACT - PROMOTIONS - NAVY OFFICERS OFFICERS OF THE NAVY WHOSE COMMISSIONS, ISSUED AFTER JULY 1, 1932, ARE MADE EFFECTIVE AS OF A DATE PRIOR TO JULY 1, 1932, AS AUTHORIZED BY THE ACT OF MARCH 4, 1913, 37 STAT. 892, ARE ENTITLED TO THE PAY OF THE GRADE TO WHICH COMMISSIONED FROM THE EFFECTIVE DATE OF SUCH COMMISSION, SUCH PROMOTION NOT BEING A PROMOTION DURING THE FISCAL YEAR 1933 WITHIN THE PURVIEW OF SECTION 201 OF THE ECONOMY ACT PROHIBITING INCREASES OF COMPENSATION BECAUSE OF AUTOMATIC PROMOTION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 3, 1932:

THERE HAS BEEN RECEIVED BY YOUR DIRECTION THE REQUEST OF THE JUDGE ADVOCATE GENERAL OF THE NAVY OF JULY 23, 1932, FOR DECISION AS TO THE EFFECT OF THE ACT OF JUNE 30, 1932, UPON THE FOLLOWING CASES:

ENSIGN CORBEN C. SHUTE, U.S. NAVY BECAME ELIGIBLE FOR PROMOTION TO LIEUTENANT (JUNIOR GRADE) ON 6 JUNE, 1932. HIS NOMINATION FOR PROMOTION WAS CONFIRMED BY THE SENATE ON 15 JULY, 1932, AND HIS COMMISSION, WHEN ISSUED WILL RECITE THAT HE HAS BEEN APPOINTED A LIEUTENANT (JUNIOR GRADE) TO RANK FROM 6 JUNE, 1932. WILL THIS OFFICER, WHEN COMMISSIONED, BE CREDITED WITH THE PAY AND ALLOWANCES OF A LIEUTENANT (JUNIOR GRADE) FROM 6 JUNE, 1932, AND SUBSEQUENT TO 1 JULY, 1932?

1. ON 25 JUNE, 1932, THE BUREAU OF NAVIGATION FORWARDED A COMMISSION AS LIEUTENANT TO LIEUTENANT JOHN D. KELSY, U.S. NAVY, WITH DATE OF RANK FROM 1 MARCH, 1931. SUCH COMMISSION WAS APPROVED BY THE SENATE ON JUNE 15, 1932. THE DISBURSING OFFICER, U.S.S. RALEIGH, ON WHICH THIS OFFICER IS SERVING, HAS REQUESTED A DECISION WHETHER LIEUTENANT KELSY IS ENTITLED TO THE PAY AND ALLOWANCES OF A LIEUTENANT FROM 1 MARCH, 1931, AND WHETHER HE MAY CONTINUE TO RECEIVE THE PAY AND ALLOWANCES OF A LIEUTENANT ON AND AFTER 1 JULY, 1932.

SECTION 201 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, PROVIDES:

ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933; BUT THIS SECTION SHALL NOT BE CONSTRUED TO DEPRIVE ANY PERSON OF ANY INCREMENT OF COMPENSATION RECEIVED THROUGH AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932.

THE ACT OF MARCH 4, 1913, 37 STAT. 892, PROVIDES:

THAT ALL OFFICERS OF THE NAVY WHO, SINCE THE THIRD DAY OF MARCH, EIGHTEEN HUNDRED AND NINETY-NINE, HAVE BEEN ADVANCED OR MAY HEREAFTER BE ADVANCED IN GRADE OR RANK PURSUANT TO LAW SHALL BE ALLOWED THE PAY AND ALLOWANCES OF THE HIGHER GRADE OR RANK FROM THE DATES STATED IN THEIR COMMISSIONS.

AS THE TWO OFFICERS NAMED WERE ELIGIBLE FOR PROMOTION PRIOR TO JULY 1, 1932, AND WHEN DULY QUALIFIED HAD A RIGHT UNDER THE ACT OF MARCH 4, 1913, TO THE INCREASED PAY FROM DATE OF ELIGIBILITY, THEY MAY BE TREATED AS IN RECEIPT THEREOF, NOTWITHSTANDING THE DELAY INCIDENT TO THEIR EXAMINATION AND CONFIRMATION AND THE ISSUANCE OF THEIR COMMISSIONS; THAT IS, THEIR INCREASES IN COMPENSATION MAY BE CONSIDERED AS HAVING BEEN MADE PRIOR TO JULY 1, 1932, OR AS OF THE DATE STATED IN THEIR COMMISSIONS AND THEREFORE NOT PROHIBITED BY SECTION 201 OF THE ECONOMY ACT.