A-5024, SEPTEMBER 30, 1924, 4 COMP. GEN. 336

A-5024: Sep 30, 1924

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NAVY PAY - LONGEVITY - ENLISTED MEN THIS DECISION INVOLVES THE PRIOR SERVICE ENLISTED MEN OF THE NAVY ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES UNDER SECTION 10 OF THE ACT OF JUNE 10. 1924: I HAVE YOUR LETTER OF SEPTEMBER 5. ARE IN CONFORMITY WITH LAW. THE PROPOSED CHANGES ARE NECESSITATED BY THE AMENDMENT OF THE ACT OF JUNE 10. ARE FOR THE PURPOSE OF INFORMING THE SERVICE AS TO THE EFFECT THE AMENDMENT WILL HAVE UPON THE COMPUTATION OF SERVICE WHICH AN ENLISTED MAN OF THE NAVY MAY COUNT FOR THE PURPOSE OF COMPUTING INCREASES OF PAY FOR LENGTH OF SERVICE PROVIDED BY SECTION 10 OF THE ACT OF JUNE 10. IS AS FOLLOWS: SECTION "B" PAGE B3. PARAGRAPH 3: CANCEL SUBPARAGRAPH (E) AND SUBSTITUTE THEREFOR THE FOLLOWING: (E) UNDER THIS ACT ONLY TIME ACTUALLY SERVED IS TO BE COMPUTED IN DETERMINING THE FOUR-YEAR PERIODS OF SERVICE WHICH CARRY INCREASES OF PAY.

A-5024, SEPTEMBER 30, 1924, 4 COMP. GEN. 336

NAVY PAY - LONGEVITY - ENLISTED MEN THIS DECISION INVOLVES THE PRIOR SERVICE ENLISTED MEN OF THE NAVY ARE ENTITLED TO COUNT FOR LONGEVITY PAY PURPOSES UNDER SECTION 10 OF THE ACT OF JUNE 10, 1922, 43 STAT. 630, AS AMENDED BY SECTION 3 OF THE ACT OF MAY 31, 1924, 43 STAT. 251. FOR POINTS INVOLVED SEE DECISION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 30, 1924:

I HAVE YOUR LETTER OF SEPTEMBER 5, 1924, TRANSMITTING A PROPOSED CHANGE IN SECTION B OF THE ,INSTRUCTIONS FOR CARRYING INTO EFFECT THE JOINT SERVICE PAY BILL, ACT OF 10 JUNE, 1922," WITH REQUEST FOR AN EXPRESSION OF OPINION WHETHER THE INSTRUCTIONS, IN SO FAR AS THEY INVOLVE DISBURSEMENTS, ARE IN CONFORMITY WITH LAW.

THE PROPOSED CHANGES ARE NECESSITATED BY THE AMENDMENT OF THE ACT OF JUNE 10, 1922, BY SECTION 3 OF THE ACT OF MAY 31, 1924, 43 STAT. 251, AND ARE FOR THE PURPOSE OF INFORMING THE SERVICE AS TO THE EFFECT THE AMENDMENT WILL HAVE UPON THE COMPUTATION OF SERVICE WHICH AN ENLISTED MAN OF THE NAVY MAY COUNT FOR THE PURPOSE OF COMPUTING INCREASES OF PAY FOR LENGTH OF SERVICE PROVIDED BY SECTION 10 OF THE ACT OF JUNE 10, 1922, 42 STAT. 630.

THE PROPOSED CHANGE IN THE WORDING OF THE INSTRUCTIONS, IS AS FOLLOWS:

SECTION "B"

PAGE B3, PARAGRAPH 3: CANCEL SUBPARAGRAPH (E) AND SUBSTITUTE THEREFOR THE FOLLOWING:

(E) UNDER THIS ACT ONLY TIME ACTUALLY SERVED IS TO BE COMPUTED IN DETERMINING THE FOUR-YEAR PERIODS OF SERVICE WHICH CARRY INCREASES OF PAY. THE ONLY SERVICE WHICH AN ENLISTED MAN OF THE NAVY MAY COUNT FOR THE PURPOSE OF COMPUTING INCREASES OF PAY FOR LENGTH OF SERVICE IS AS FOLLOWS:

(1) ENLISTED SERVICE IN THE NAVY.

(2) ENLISTED SERVICE IN THE REVENUE CUTTER SERVICE OR COAST GUARD.

(3) ACTIVE DUTY SERVICE WITH THE NAVY AS A MEMBER OF THE NAVAL RESERVE FORCE WHILE HOLDING AN ENLISTED RATING, BUT NOT INCLUDING ACTIVE SERVICE FOR TRAINING.

(4) WARRANT AND COMMISSIONED SERVICE IN THE ARMY, NAVY, MARINE CORPS, COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC HEALTH SERVICE, AND ADJUNCT FORCES THEREOF, FROM 6 APRIL, 1917, TO 31 DECEMBER, 1921.

THE SERVICE DOES NOT HAVE TO BE CONTINUOUS. EACH PERIOD OF SERVICE MUST BE FIGURED INTO YEARS, MONTHS, AND DAYS, AND THE TOTAL REPRESENTS THE TOTAL NAVAL SERVICE FOR PAY PURPOSES. FOR EXAMPLE, A MAN WHO ENLISTED FOR FOUR YEARS AND WAS DISCHARGED WITHIN THREE MONTHS OF DATE OF EXPIRATION OF ENLISTMENT IS ENTITLED TO COUNT ONLY THE ACTUAL TIME SERVED, AND NOT FOUR YEARS.

THE FOLLOWING PERIODS SHALL NOT BE INCLUDED IN DETERMINING LENGTH OF SERVICE:

TABLE ABBREVIATION DESIGNATION AWOL - ----------- ABSENCE WITHOUT LEAVE (INCLUDING OVER LEAVE,

DESERTION, AND IMPRISONMENT WHILE IN CIVIL ARREST

RESULTING IN SENTENCE AND WHILE SERVING SAID

SENTENCE). SICK MISC -------- SICKNESS, DISEASE, OR INJURY RESULTING FROM OWN

INTEMPERATE USE OF DRUGS OR ALCOHOLIC LIQUORS OR

OTHER MISCONDUCT. NPDI ------------- NONPERFORMANCE OF DUTY BECAUSE IMPRISONED BOTH WHILE

IN ARREST RESULTING IN COURT-MARTIAL SENTENCE AND

WHILE SERVING SAID SENTENCE. (SEE PAGE 7936 S AND A

MEMORANDA). FWOP ------------- FURLOUGH WITHOUT PAY. INACTIVE RF ------ INACTIVE SERVICE AS A MEMBER OF THE NAVAL RESERVE

FORCE. TRAINING RF ------ TRAINING SERVICE AS A MEMBER OF THE NAVAL RESERVE

FORCE.

PAGES B4, B5, B6, B7, B8, B9, AND B10: ELIMINATE THE DESIGNATIONS "TEMP.OFF.' AND "OFF.R.F.' FROM THE SPECIMENS SHOWN ON THESE PAGES.

THE PROPOSED CHANGES CONFORM TO THE CONSTRUCTION OF THE LAW AS SET FORTH IN DECISION OF JULY 19, 1924, 35 MS. COMP. GEN. 756, AND THERE APPEARS NO REASON WHY THEY MAY NOT BE PROMULGATED.