A-5009, OCTOBER 18, 1924, 4 COMP. GEN. 388

A-5009: Oct 18, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

- OFFICERS OF THE STAFF CORPS THE SERVICE WHICH A LIEUTENANT OF THE STAFF CORPS OF THE NAVY OF LESS THAN 17 YEARS' SERVICE MAY COUNT FOR FOURTH-PERIOD PAY PURPOSES IS CONFINED TO ACTIVE COMMISSIONED SERVICE. IS THEREFORE EXCLUSIVE OF COMMISSIONED SERVICE IN THE NAVAL MILITIA OR NATIONAL NAVAL VOLUNTEERS WHILE IN AN INACTIVE STATUS. IS ENTITLED TO BASE PAY OF THE FOURTH-PAY PERIOD FROM JUNE 5. IS CONTAINED IN SECTION 1. SO FAR AS HERE MATERIAL PROVIDES THAT: THE PAY OF THE FOURTH PERIOD SHALL BE PAID * * * LIEUTENANT COMMANDERS OF THE NAVY * * * WHO HAVE COMPLETED FOURTEEN YEARS' SERVICE. * * * LIEUTENANT OF THE NAVY * * * WHO HAVE COMPLETED SEVENTEEN YEARS' SERVICE * * * AND TO LIEUTENANTS OF THE STAFF CORPS OF THE NAVY.

A-5009, OCTOBER 18, 1924, 4 COMP. GEN. 388

NAVY PAY--- OFFICERS OF THE STAFF CORPS THE SERVICE WHICH A LIEUTENANT OF THE STAFF CORPS OF THE NAVY OF LESS THAN 17 YEARS' SERVICE MAY COUNT FOR FOURTH-PERIOD PAY PURPOSES IS CONFINED TO ACTIVE COMMISSIONED SERVICE, AND IS THEREFORE EXCLUSIVE OF COMMISSIONED SERVICE IN THE NAVAL MILITIA OR NATIONAL NAVAL VOLUNTEERS WHILE IN AN INACTIVE STATUS.

COMPTROLLER GENERAL MCCARL TO LIEUT. GEORGE M. SNEAD, UNITED STATES NAVY, OCTOBER 18, 1924:

THERE HAS BEEN RECEIVED FROM THE SECRETARY OF THE NAVY YOUR REQUEST OF JULY 24, 1924, FOR DECISION WHETHER LIEUT. B. F. HUSKE (CH.C.), UNITED STATES NAVY, IS ENTITLED TO BASE PAY OF THE FOURTH-PAY PERIOD FROM JUNE 5, 1924, AS A LIEUTENANT OF THE STAFF CORPS OF THE NAVY HAVING COMMISSIONED SERVICE EQUAL TO THAT OF A LIEUTENANT COMMANDER OF THE LINE OF THE NAVY DRAWING THE PAY OF THE FOURTH PERIOD. THE PROVISION OF THE ACT OF JUNE 10, 1922, 42 STAT. 625, UPON WHICH THE CLAIM DEPENDS, IS CONTAINED IN SECTION 1, AND SO FAR AS HERE MATERIAL PROVIDES THAT:

THE PAY OF THE FOURTH PERIOD SHALL BE PAID * * * LIEUTENANT COMMANDERS OF THE NAVY * * * WHO HAVE COMPLETED FOURTEEN YEARS' SERVICE, * * * LIEUTENANT OF THE NAVY * * * WHO HAVE COMPLETED SEVENTEEN YEARS' SERVICE * * * AND TO LIEUTENANTS OF THE STAFF CORPS OF THE NAVY, * * * WHOSE TOTAL COMMISSIONED SERVICE EQUALS THAT OF LIEUTENANT COMMANDERS OF THE LINE OF THE NAVY DRAWING THE PAY OF THIS PERIOD.

THE LIEUTENANT COMMANDER OF THE LINE WHOSE COMMISSIONED SERVICE IS USED FOR COMPARISON BY LIEUTENANT HUSKE IS LIEUT. COMMANDER C. B. C. CAREY, U.S. NAVY, WHOSE CONTINUOUS SERVICE IN THE NAVY DATES FROM HIS APPOINTMENT AS MIDSHIPMAN MAY 9, 1910, COMMISSIONED AN ENSIGN JUNE 6, 1914, AND COMMISSIONED A LIEUTENANT COMMANDER FROM JUNE 5, 1924, HAVING, THEREFORE, OVER 14 YEARS OF SERVICE AUTHORIZED TO BE COUNTED UNDER ELEVENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922, AND EXACTLY 10 YEARS' COMMISSIONED SERVICE ON JUNE 5, 1924, WHEN PROMOTED TO THE GRADE OF LIEUTENANT COMMANDER. LIEUTENANT HUSKE'S SERVICES ARE REPORTED BY THE BUREAU OF NAVIGATION AS FOLLOWS: CHAPLAIN, NAVAL MILITIA, NORTH CAROLINA.

APRIL 30, 1913, TO JANUARY 19, 1917. INACTIVE. CHAPLAIN, NATIONAL NAVAL VOLUNTEERS.

JANUARY 20, 1917, TO APRIL 6, 1917. INACTIVE. CHAPLAIN, NATIONAL NAVAL VOLUNTEERS.

APRIL 7, 1917, TO JUNE 30, 1918. ACTIVE SERVICE. CHAPLAIN, NAVAL RESERVE FORCE.

JULY 1, 1918, TO JULY 20, 1921. ACTIVE SERVICE. CHAPLAIN WITH RANK OF LIEUTENANT, U.S. NAVY.

JULY 21, 1921, TO THE DATE OF SUBMISSION OF CLAIM.

AS THE TOTAL ACTIVE COMMISSIONED SERVICE OF LIEUTENANT HUSKE FROM APRIL 7, 1917, TO JUNE 5, 1924, IS BUT 6 YEARS, 1 MONTH, 29 DAYS, THE QUESTION PRESENTED FOR DECISION IS WHETHER COMMISSIONED SERVICE IN THE NAVAL MILITIA AND NATIONAL NAVAL VOLUNTEERS WHILE IN AN INACTIVE STATUS, THAT IS, NOT IN FEDERAL SERVICE, IS AUTHORIZED TO BE COUNTED FOR THE PURPOSES OF FOURTH PERIOD PAY.

THE ACT OF JUNE 10, 1922, WAS AN ACT TO PROVIDE PAY FOR THE REGULAR ESTABLISHMENTS THEREIN ENUMERATED. SECTION 1 FIXES THE PAY OF OFFICERS OF THE REGULAR NAVY, REGULAR ARMY, ETC. BY THE ELEVENTH PARAGRAPH, IT IS PROVIDED THAT FOR OFFICERS APPOINTED ON AND AFTER JULY 1, 1922, NO SERVICE SHALL BE COUNTED EXCEPT ACTIVE COMMISSIONED SERVICE UNDER A FEDERAL APPOINTMENT AND COMMISSIONED SERVICE IN THE NATIONAL GUARD WHEN CALLED OUT BY ORDER OF THE PRESIDENT. FOR OFFICERS IN THE SERVICE ON JUNE 30, 1922, SERVICE THERETOFORE COUNTED FOR LONGEVITY INCREASE OF PAY WAS AUTHORIZED TO BE INCLUDED AND ALSO AS TO OTHER SERVICE, 75 PERCENTUM "OF ALL OTHER PERIODS OF TIME DURING WHICH THEY HAVE HELD COMMISSIONS AS OFFICERS * * * THE NAVAL MILITIA, OR THE NATIONAL NAVAL VOLUNTEERS SINCE JUNE 3, 1916," WAS DIRECTED TO BE INCLUDED IN THE COMPUTATION. THIS LATTER SERVICE WAS NOT THERETOFORE AUTHORIZED TO BE COUNTED FOR PAY PURPOSES IN THE REGULAR ESTABLISHMENTS, AND BUT LIMITED CREDIT, THAT IS 75 PERCENT, IS NOW AUTHORIZED TO BE INCLUDED.

THE PROVISION CONTAINED IN THE PARAGRAPH FIXING THE CONDITIONS OF PAY OF THE FOURTH PERIOD HERE CONSIDERED IS LIMITED TO "COMMISSIONED" SERVICE AND IS NOT AFFECTED BY ANY OF THE PROVISIONS CONTAINED IN THE ELEVENTH PARAGRAPH OF SECTION 1, WHICH DESCRIBES THE SERVICE GENERALLY TO BE COUNTED FOR DETERMINING THE PAY PERIOD OF AN OFFICER AND HIS LONGEVITY PAY. THE PROVISIONS FOR FOURTH-PERIOD PAY RELATE TO OFFICERS OF THE REGULAR ESTABLISHMENT AND THE COMMISSIONED SERVICE THEREIN CONTEMPLATED IS ACTIVE COMMISSIONED SERVICE AND NONE OTHER.

IT IS ONLY UNDER RECENT STATUTES, BEGINNING WITH THE ACT OF JUNE 3, 1916, 39 STAT. 166, THAT OTHER THAN SERVICE ACTUALLY RENDERED TO THE FEDERAL GOVERNMENT WAS AUTHORIZED TO BE COUNTED FOR ANY PURPOSE AND SUCH STATUTES HAVE SPECIFICALLY PROVIDED FOR COUNTING PERIODS WHEN NO SERVICE WAS ACTUALLY RENDERED BUT WHEN THE OFFICER OR MAN WAS AVAILABLE FOR OR SUBJECT TO BE REQUIRED TO RENDER SERVICES. THE ELEVENTH PARAGRAPH OF SECTION 1 OF THE ACT OF JUNE 10, 1922, IS AN EXAMPLE OF SUCH A PROVISION.

THE LAWS HAVE SPECIFICALLY PROVIDED FOR THIS EXCEPTIONAL CREDIT AND WHEN THE LAW MAKES NO SUCH PROVISION, THE ENACTED PROVISIONS MUST BE UNDERSTOOD AS CONTEMPLATING ACTUAL SERVICE RENDERED THE FEDERAL GOVERNMENT. YOU ARE NOT AUTHORIZED TO CREDIT LIEUTENANT HUSKE WITH ANY PORTION OF HIS NAVAL MILITIA OR NATIONAL NAVAL VOLUNTEER SERVICE WHILE ON AN INACTIVE STATUS. SEE IN THIS CONNECTION DECISION OF SEPTEMBER 3, 1924, 4 COMP. GEN. 249, CASE OF LIEUTENANT AUSTIN.